This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

37712

Vol. 65, No. 117

Friday, June 16, 2000

1 In 10 CFR Part 61.55, ‘‘Waste Classification,’’ the

NRC codifies disposal requirements for three

classes of low-level waste which are considered

generally suitable for near-surface disposal. These

are Class A, B, and C. Class C waste is required to

meet the most rigorous disposal requirements.

2Although the proposal to grant this petition is

no longer needed for Trojan since the GTCC waste

was shipped to the Hanford LLW site within the

reactor vessel, the NRC believes that this

rulemaking, if promulgated, will be useful for other

reactor operators that need to store their GTCC

waste.

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 72 and 150

[Docket No. PRM–72–2]

RIN 3150–AG33

Interim Storage for Greater Than Class

C Waste

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is proposing to grant

in part and deny in part a petition for

rulemaking submitted by Portland

General Electric Company (PRM–72–2)

by amending its regulations dealing

with greater than class C (GTCC) waste.

The proposed amendments would only

apply to the interim storage of GTCC

waste generated or used by commercial

nuclear power plants. The proposed

amendments would allow licensing for

interim storage of GTCC waste in a

manner that is consistent with licensing

the interim storage of spent fuel and

would maintain Federal jurisdiction for

storage of reactor-related GTCC waste.

These proposed amendments would

also simplify and clarify the licensing

process.

DATES: The comment period expires

August 30, 2000. Comments received

after this date will be considered if it is

practical to do so, but the Commission

is able to assure consideration only for

comments received on or before this

date.

ADDRESSES: Submit comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001. Attention: Rulemakings and

Adjudications Staff.

Deliver comments to 11555 Rockville

Pike, Rockville, Maryland, between 7:30

am and 4:15 pm on Federal workdays.

You may also provide comments via

the NRC’s interactive rulemaking

website (http://ruleforum.llnl.gov). This

site provides the capability to upload

comments as files (any format), if your

web browser supports that function. For

information about the interactive

rulemaking site, contact Ms. Carol

Gallagher, (301) 415–5905 (e-mail

cag@nrc.gov).

Certain documents related to this

rulemaking, including comments

received, may be examined at the NRC

Public Document Room, 2120 L Street

NW (Lower Level), Washington, DC.

These same documents also may be

viewed and downloaded electronically

via the rulemaking website.

Documents created or received at the

NRC after November 1, 1999, are also

available electronically at the NRC’s

Public Electronic Reading Room on the

Internet at http://www.nrc.gov/NRC/

ADAMS/index.html. From this site, the

public can gain entry into the NRC’s

Agency wide Document Access and

Management System (ADAMS), which

provides text and image files of NRC’s

public documents. For more

information, contact the NRC Public

Document Room (PDR) Reference staff

at 1–800–397–4209, 202–634–3273, or

by email to pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

Mark Haisfield [telephone (301) 415–

6196, e-mail MFH@nrc.gov] or Philip

Brochman [telephone (301) 415–8592, email PGB@nrc.gov] of the Office of

Nuclear Material Safety and Safeguards,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001.

SUPPLEMENTARY INFORMATION:

Background

The Petition for Rulemaking

The Nuclear Regulatory Commission

received a petition for rulemaking dated

November 2, 1995, submitted by

Portland General Electric Company. The

petition was docketed as PRM–72–2 and

published in the Federal Register, with

a 75-day comment period, on February

1, 1996 (61 FR 3619).

The petitioner requested that the NRC

amend 10 CFR Part 72 to add the

authority to store radioactive waste that

exceeds the concentration limits of

radionuclides established for Class C

waste in 10 CFR 61.55.1 This material is

commonly referred to as ‘‘greater than

class C’’ waste or GTCC waste. GTCC

waste is generally unsuitable for nearsurface disposal as low-level waste

(LLW), even though it is legally defined

as LLW. 10 CFR 61.55(a)(2)(iv) requires

that this type of waste be disposed of in

a geologic repository unless approved

for an alternative disposal method on a

case-specific basis by the NRC.

The petitioner is an NRC-licensed

utility responsible for the Trojan

Nuclear Plant (Trojan). In the petition,

the petitioner anticipated that it would

need to dispose of GTCC waste during

decommissioning. The

decommissioning plan specifies the

transfer of spent reactor fuel, currently

being stored in the spent fuel pool, to an

onsite Independent Spent Fuel Storage

Installation (ISFSI) licensed under 10

CFR Part 72. The petitioner requested

that 10 CFR Part 72 be revised to permit

GTCC waste to be stored at the ISFSI

pending transfer to a permanent

disposal facility. The petitioner

suggested that, because the need to

provide interim storage for GTCC waste

is not specific to Trojan but is generic,

the regulations in 10 CFR Part 72 should

be amended to explicitly provide for

storage of GTCC waste in a licensed

ISFSI.2

The petitioner believes that storage of

GTCC waste under 10 CFR Part 72 will

ensure safe interim storage. This storage

would provide for public health and

safety and environmental protection as

required for spent fuel located at an

ISFSI or spent fuel and high-level waste

stored at a Monitored Retrievable

Storage Installation (MRS).

The specific changes proposed in the

petition would explicitly include

interim storage of GTCC waste within

the Purpose, Scope, and Definitions

sections of 10 CFR Part 72 in order to

treat GTCC waste in a manner similar to

that for spent nuclear fuel. The revised

definitions would only apply to the

interim storage of GTCC waste under the

authority of 10 CFR Part 72.

If this rule is adopted in final form,

the petition would be granted in part

and denied in part. This proposed rule

would grant the petitioner’s request to

authorize GTCC waste storage under a

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules 37713

10 CFR Part 72 license, but as discussed

later, uses a different approach.

Public Comments on the Petition

The notice of receipt of the petition

for rulemaking invited interested

persons to submit written comments

concerning the petition. The NRC

received six comment letters. Five

comment letters were received from

nuclear facilities and one from the

Nuclear Energy Institute (NEI). NEI

provided another letter on this subject

directly to the NRC Chairman on

February 2, 1999, and the NRC

responded on March 25, 1999. The

comments were reviewed and

considered in the development of NRC’s

decision on this petition. These

comments are available in the NRC

Public Document Room.

All six commenters supported the

petition. Two of the commenters

(Sacramento Municipal Utility District

and Yankee Atomic Electric Company)

are currently decommissioning their

reactors.

Draft Rulemaking Plan

As a result of the petition and the

comment letters, the NRC developed a

draft rulemaking plan to further

consider the development of a rule that

would meet the intent of the petition. In

SECY–97–056, dated March 5, 1997, the

NRC staff provided a draft rulemaking

plan to the Commission outlining a rule

that would modify 10 CFR Part 72 to

allow storage of material, which when

disposed of would be classified as GTCC

waste, under the authority of 10 CFR

Part 72 using the performance criteria of

this part. As discussed in this draft

rulemaking plan, currently licensees are

authorized to store GTCC waste under

the regulations in 10 CFR Part 30 and/

or Part 70. Therefore, the draft

rulemaking plan discussed adding an

option to store GTCC waste under 10

CFR Part 72 while maintaining the

existing option to store this waste using

the authority of 10 CFR Parts 30 and 70.

This plan was sent to the Agreement

States for their comments on April 18,

1997. Four States provided comments—

Illinois, New York, Texas, and Utah.

The draft rulemaking plan described

how an ISFSI or an MRS might be

regulated by both the NRC and an

Agreement State (this is discussed in

more detail in the Discussion section).

The draft rulemaking plan did not

require that the licensing jurisdiction for

GTCC waste remain with NRC, but did

suggest that Agreement States could

voluntarily relinquish their licensing

authority for GTCC waste stored at an

ISFSI. The draft rulemaking plan

specifically requested Agreement State

input relative to their likelihood of

voluntarily relinquishing their authority

for licensing when an ISFSI or an MRS

is used for storing GTCC waste.

Three of the four state commenters

indicated that they were opposed to

voluntarily relinquishing their authority

and preferred to maintain their licensing

authority for GTCC waste. One state

supported the concept. One state

commenter questioned that

inefficiencies will result from

Agreement State regulation of GTCC

waste at a reactor site concurrent with

NRC regulation of spent fuel remaining

at the site. The commenter noted that

similar situations already exist when

LLW is stored at the site. Another state

commenter noted that there ‘‘* * *

have been many instances where an

agreement state and NRC have

effectively collaborated in the regulation

of a single facility.’’ Another state

commenter noted that the NRC recently

informed the states that they could

voluntarily relinquish their authority for

sealed sources and devices and it was

‘‘* * *vehemently opposed to any rule

that automatically usurps a state’s

licensing authority without the State’s

consent.’’

Discussion

Current NRC regulations are not clear

on the acceptability of storing reactorrelated GTCC waste co-located at an

ISFSI or an MRS. Co-location is the

storage of spent fuel and other

radioactive material in their respective

separate containers. This situation has

created confusion and uncertainty on

the part of decommissioning reactor

licensees and may create inefficiency

and inconsistency in the way the NRC

handles GTCC waste licensing matters.

Currently, 10 CFR Part 50 licensees

(Domestic Licensing of Production and

Utilization Facilities) are authorized to

store all types of reactor-related

radioactive materials, including material

that, when disposed of, would be

classified as GTCC waste. The GTCC

waste portion is currently being stored

either within the reactor vessel, in the

spent fuel pool, or in a radioactive

material storage area, pending

development of a suitable permanent

disposal facility. Reactor-related GTCC

waste is typically in a solid form (i.e.,

mostly activated metals) such as reactor

vessel internals, nozzles, and in-core

instrumentation. A small amount of

GTCC waste may also be in the form of

a sealed source that was used during the

operation of the reactor. GTCC waste

may consist of either byproduct material

or special nuclear material. The

authority to license the possession and

storage of GTCC waste is contained

within 10 CFR Part 30 for byproduct

material and in 10 CFR Part 70 for

special nuclear material. Under 10 CFR

50.52, the Commission may combine

multiple licensing activities of an

applicant that would otherwise be

licensed individually in single licenses.

Thus, the 10 CFR Part 50 license

authorizing operation of production and

utilization facilities currently includes,

within it, the authorization to possess

byproduct and special nuclear material

that would otherwise need to be

separately licensed under 10 CFR Parts

30 or 70.

Under current regulations, while a 10

CFR Part 50 license is in effect, a reactor

licensee can store spent fuel generated

at the reactor site under either a general

license pusuant to 10 CFR 72.210 or a

specific license pursuant to 10 CFR Part

72. In addition, the reactor licensee who

has a 10 CFR Part 50 license, can store

GTCC waste generated at the reactor site

under the 10 CFR Parts 30 and 70

authority included in the 10 CFR Part 50

license.

Under current regulations, when the

10 CFR Part 50 license terminates, a

reactor licensee can continue to store

spent fuel generated at the reactor site

under a specific license pursuant to 10

CFR Part 72. However, a general license

under 10 CFR 72.210 would terminate

because the 10 CFR Part 50 license has

terminated, and the reactor licensee

would need to apply for a specific

license under 10 CFR Part 72 in order

to continue to store spent fuel at the

reactor site. Furthermore, the 10 CFR

Parts 30 and 70 licenses included in the

10 CFR Part 50 licenses are also

terminated when the 10 CFR Part 50

license terminates and the reactor

licensee can only store GTCC waste by

applying for a specific NRC license

under 10 CFR Parts 30 and/or 70, or an

equivalent Agreement State license if

the facility is located in an Agreement

State.

Under the proposed regulations, when

a 10 CFR Part 50 license is terminated,

the reactor licensee will only apply for

an NRC license, but will have the option

to store GTCC waste under either 10

CFR Part 72 or under 10 CFR Parts 30

and 70. This proposed regulation

maintains Federal jurisdiction for GTCC

waste under either approach (10 CFR

Part 72 or 10 CFR Parts 30 and 70).

The proposed changes in this

rulemaking would allow a 10 CFR Part

72 specific licensee to co-locate reactorrelated GTCC waste within an ISFSI or

an MRS. Applicants for a specific

license would be required to provide a

Safety Analysis Report (SAR) which

would describe how the GTCC waste

would be stored. The SAR would

37714 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules

describe how structures, systems, and

components that are important to safety

are properly designed to allow the

storage of GTCC waste within an ISFSI

or MRS. There are no separate design

criteria for GTCC waste storage

containers. Safe storage of GTCC waste

will be governed by the provisions of 10

CFR Parts 20 and 72. The applicant

shall ensure that the co-location of this

radioactive material does not have an

adverse affect on the safe storage of

spent fuel and the operation of the

ISFSI. Based on an acceptable review of

the SAR, the NRC would issue a 10 CFR

Part 72 specific license. Current 10 CFR

Part 72 specific license holders would

be required to submit an application to

amend their 10 CFR Part 72 license, if

they desire to store GTCC waste at their

ISFSI.

Under existing regulations, storage of

GTCC waste at an ISFSI after

termination of the reactor licensee’s 10

CFR Part 50 license could lead to (1)

NRC regulating the spent fuel at an

ISFSI and (2) Agreement States

regulating GTCC waste at the same

location. The NRC has exclusive

regulatory authority over a reactor

licensee’s storage of all radioactive

material both spent fuel and of GTCC

waste during the term of the 10 CFR Part

50 license. Once the 10 CFR Part 50

license is terminated an Agreement

State would have authority for any

GTCC waste stored by the utility.

The NRC believes that

decommissioning activities at

commercial nuclear power plants will

generate relatively small volumes of

GTCC waste relative to the amount of

spent fuel that exists at these sites.

GTCC waste exceeds the concentration

limits of radionuclides established for

Class C in §§ 61.55(a)(3)(ii),

61.55(a)(4)(iii), or 61.55(a)(5)(ii). GTCC

waste is not generally acceptable for

near-surface disposal at licensed lowlevel radioactive waste disposal

facilities. There currently are no routine

disposal options for GTCC waste.

Because GTCC waste is unlikely to be

disposed of at a LLW disposal site

regulated under 10 CFR Part 61, the

GTCC waste must be stored in the

interim.

In general, reactor-related GTCC

wastes can be grouped into two

categories. The first is activated metals,

irradiated metal components from

nuclear reactors such as core shrouds,

support plates, and core barrels. The

second is process wastes such as filters

and resins resulting from the operation

and decommissioning of reactors. In

addition, there may be a small amount

of GTCC waste generated from other

activities associated with the reactor’s

operation (e.g., reactor start-up sources).

The Low-Level Radioactive Waste

Policy Amendments Act of 1985 gave

the Federal Government (U.S.

Department of Energy (DOE)) the

primary responsibility for developing a

national strategy for disposal of GTCC

waste. The Act also gave the NRC the

licensing responsibility for a disposal

facility for GTCC waste. Until a disposal

facility is licensed, there is a need for

interim storage of GTCC waste.

In the development of the proposed

rule, the NRC has identified a potential

policy issue associated with DOE’s

responsibility for the disposal of GTCC

waste. Because DOE has not yet

identified criteria or technical

regulations for a disposal package for

spent fuel or GTCC waste, the NRC is

concerned that the commingling of

spent fuel and GTCC waste (i.e., the two

types of waste stored within the same

cask) may be unacceptable for

permanent disposal in the geologic

repository. In such a case, the spent fuel

and GTCC waste would need to be

removed from the storage container

before the spent fuel is placed in the

geologic repository.

The NRC desires to formulate

regulations which both reduce

radiological exposure and costs

associated with repackaging the spent

fuel and GTCC waste into two separate

containers. Therefore, information from

DOE on disposal polices will be helpful

in developing commingling storage

criteria for 10 CFR Part 72 (and enable

the NRC to preclude a storage option

that would be unacceptable for

permanent disposal). Allowing

commingling may be a technically safe

and economical use of spent fuel storage

cask space. The NRC staff has already

reviewed and concluded, on a case-bycase basis, that GTCC waste in certain

specific components associated with,

and integral to, spent fuel (e.g., burnable

poison rod assemblies, control rod

assemblies, and thimble plugs) can be

safely stored in the same cask with

spent fuel. For current and future

reviews, the NRC has developed

guidance for the storage of these specific

components. The position in the

proposed rule is to preclude

commingling of other reactor-related

GTCC waste not integral to the spent

fuel assemblies.

The proposed rule also precludes

storage of liquid GTCC waste under 10

CFR Part 72. However, there are

alternatives for a 10 CFR Part 50

licensee that desires to terminate their

license yet still possesses liquid GTCC

waste. These alternatives include the

licensee’s submission of an application

for a 10 CFR Part 30 or 70 license, with

the appropriate conditions for storage of

liquid GTCC waste, or the licensee’s

submission of a request for an

exemption from the requirements of 10

CFR Part 72.

However, and as discussed below, the

NRC is specifically requesting

additional input from stakeholders,

including DOE, to develop a more

effective rulemaking. This includes

commingling of GTCC waste and spent

fuel (in an ISFSI) or spent fuel, highlevel waste, and GTCC waste (in an

MRS) and storage of potentially

hazardous or liquid GTCC wastes.

Request for Public Input on Specific

Issues

The Commission is seeking input

from stakeholders on various technical

topics associated with the storage of

GTCC waste. Submit responses to these

questions as identified in the ADDRESSES

section listed above.

The storage of GTCC waste at an ISFSI

or MRS presents safety and technical

issues that differ from those previously

addressed by the NRC for the storage of

spent fuel. For example, some forms of

GTCC waste may be susceptible to

radiolytic or thermal decomposition.

Consequently, the design of a container

for the storage of GTCC waste would

need to consider the generation of gas or

other products. Furthermore, chemical,

galvanic, or thermal interactions may

occur between GTCC waste, spent fuel,

and the cask internals for GTCC waste

and spent fuel stored in the same cask

(i.e, commingled).

Accordingly, the Commission is

requesting comments from interested

stakeholders on the following safety,

technical or licensing issues. Guided by

these comments, the Commission will

consider these issues in the

development of a final rule on the

storage of GTCC waste under 10 CFR

Part 72. Comments are not limited to the

safety and technical issues listed below.

Comments on proposed performance

criteria for storage of GTCC waste are

particularly requested. The performance

criteria should ensure that systems,

structures, and components (SSCs)

which are important to safety will retain

their ability to perform design functions

during GTCC waste normal storage

operations, anticipated occurrences, and

accidents.

1. Should the storage of certain forms

of GTCC waste and spent fuel in the

same cask be prohibited? Or, should

storage be permitted if performance

criteria can be established? If so, what

criteria should be used?

Note: As previously discussed, the NRC

has already approved the storage of certain

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules 37715

types of GTCC waste and spent fuel in the

same cask on a case-by-case basis. The

approved GTCC waste has typically been

reactor core components, (e.g., thimble plugs,

burnable poison rod assemblies, and control

rod assemblies). In addition, the Commission

is separately requesting information from

DOE regarding DOE’s position on the final

disposal of commingled spent fuel and GTCC

waste.

2. Should the storage of explosive,

pyrophoric, combustible, or chemically

reactive GTCC waste be prohibited in

either commingled or separate GTCC

casks? Or should storage be permitted if

performance criteria can be established?

If so, what criteria should be used?

3. Should the storage of GTCC that

may generate or release gases via

radiolytic or thermal decomposition,

including flammable gases, be

prohibited in either commingled or

separate GTCC casks? Or should storage

be permitted if performance criteria can

be established? If so, what criteria

should be used?

4. Should the storage of solid GTCC

waste that may contain free liquid (e.g.,

dewatered resin) be prohibited in either

commingled or separate GTCC casks? Or

should storage be permitted if

performance criteria can be established?

If so, what criteria should be used?

5. Should the storage of liquid GTCC

waste be prohibited in either

commingled or separate GTCC casks? Or

should storage be permitted if

performance criteria can be established?

If so, what criteria should be used?

6. If reactor licensees, after

termination of their 10 CFR Part 50

license, elect to store reactor-related

GTCC waste under the provisions of 10

CFR Parts 30/70, is additional guidance

needed to provide a more efficient

licensing process?

Proposed Regulatory Action

The NRC is proposing to modify 10

CFR Parts 72 and 150. The proposed

changes to these parts are necessary to

allow the interim storage of NRClicensed reactor-related GTCC waste

within an ISFSI or an MRS and to

require that the licensing responsibility

for this waste remain under Federal

jurisdiction. This proposed action deals

only with GTCC waste used or

generated by a commercial power

reactor licensed under 10 CFR Part 50

(i.e., not a research reactor) and does not

include any other sources of GTCC

waste nor does it include other forms of

LLW generated under a 10 CFR Part 50

license. Because reactor-related GTCC

waste is initially under Federal

jurisdiction while the reactor facility is

operated and the ultimate disposal of

GTCC waste is also under Federal

jurisdiction, the NRC believes that the

interim period between termination of a

reactor license and ultimate disposal

should also remain under Federal

jurisdiction. GTCC waste could become

eligible for disposal in a geologic

repository in the future. Spent fuel can

be stored in an ISFSI or a MRS pending

ultimate disposal. Therefore, for

efficiency and consistency of licensing,

the NRC believes that 10 CFR Part 72

should be modified to also allow the

storage of GTCC waste within these

facilities under NRC’s jurisdiction. The

existing regulatory scheme, which

would allow for Federal-State-Federal

jurisdiction over the generation, interim

storage, and disposal of GTCC, waste is

an inefficient approach. It is inefficient

for NRC and an Agreement State to both

spend scarce resources to license and

inspect an ISFSI that stores both spent

fuel and GTCC waste. Additionally, 10

CFR Part 150 would require conforming

changes.

This proposed rule would allow

storage of reactor-related GTCC waste

under a 10 CFR Part 72 specific license.

The proposed changes would modify 10

CFR Part 72 to allow storage of GTCC

waste under this part using the

performance criteria of 10 CFR Part 72

(General Design Criteria in Subpart F).

This would provide a more efficient

means of implementing what is

essentially already permitted by the

regulations (storage of GTCC waste colocated at an ISFSI or an MRS). When

storing spent fuel and GTCC waste

within an ISFSI or MRS, the licensee or

applicant must provide a description of

how storage of the GTCC waste will not

have an adverse effect on the ISFSI or

MRS or on public health and safety and

the environment.

The proposed rule would not

eliminate the current availability of

storing GTCC waste under the authority

of a 10 CFR Part 30 or 70 license.

Neither 10 CFR Parts 30 nor 70 include

explicit criteria for storage of GTCC

waste. Therefore, a licensing process

conducted under these regulations

would be more complicated and

resource intensive because the licensee

would need to develop new proposed

storage criteria and the NRC would then

need to review and approve these

criteria within the licensing process. If

this approach is followed, the NRC is

proposing that Federal jurisdiction

would be retained over the reactorrelated GTCC waste stored under 10

CFR Parts 30 and 70.

Comparing these two approaches, the

NRC recognizes that the licensing

process will be simpler with less

regulatory burden if all the radioactive

waste to be stored at an ISFSI or MRS

is stored under the authority of one 10

CFR Part 72 license. 10 CFR Part 72 was

developed specifically for storage of

spent fuel at an ISFSI and spent fuel and

high-level waste at an MRS. The general

storage criteria of 10 CFR Part 72 will

be applied to GTCC waste storage.

Under 10 CFR Parts 30 and 70, GTCC

waste storage criteria would need to be

developed on a case-by-case basis to

support licensing under these parts.

Also, using 10 CFR Part 72 to store

reactor-related GTCC waste would

eliminate the need for multiple licenses

for the storage of spent fuel and GTCC

waste.

Moreover, the NRC is still evaluating

technical issues arising from the

commingling of spent fuel and reactorrelated GTCC waste in the same storage

container and issues arising from the

storage of reactor-related liquid GTCC

waste, under a 10 CFR Part 72 specific

license. Therefore, this proposed rule

would permit the co-locating of spent

fuel and solid reactor-related GTCC

waste in different casks and containers

within an ISFSI or MRS. However, the

proposed rule is not structured to

permit the commingling of spent fuel

and GTCC waste in the same storage

cask, except for specific components

associated with, and integral to, the

spent fuel. Additionally, this proposed

rule is not structured to permit the

storage of liquid reactor-related GTCC

waste. However, a licensee or applicant

may submit an exemption request

pursuant to § 72.7 for approval for

commingling of spent fuel and solid

reactor-related GTCC waste in the same

storage cask, or storing liquid reactorrelated GTCC waste. The NRC will

review and approve these types of

requests on a case-by-case basis. As

stated above, the NRC is still evaluating

these technical issues and as noted

earlier is asking for additional input

during the public comment period for

use in the development of the final rule.

Without this change, after termination

of the 10 CFR Part 50 license, a licensee

would need multiple licenses—10 CFR

Part 72 for spent fuel and 10 CFR Part

30 or 70 (or both) for GTCC waste.

Having one license for the ISFSI (or

MRS) under 10 CFR Part 72 will be

simpler for both licensees and the NRC,

relative to approval and management.

The NRC believes that the concept

proposed in the petition of storing

GTCC waste under the provisions of 10

CFR Part 72 is valid. However, the NRC

also believes that the method proposed

by the petitioner, that is modifying the

definition of spent fuel to include GTCC

waste, could lead to confusion.

Modifying the definition of spent fuel

would only apply to spent fuel as

37716 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules

defined under 10 CFR Part 72 and

would not be technically accurate.

Therefore, the NRC is proposing to

add a definition of GTCC waste within

§ 72.3 that would be consistent with 10

CFR 61.55. The NRC has evaluated 10

CFR Part 72 to determine which

sections need to be modified to

accommodate storage of solid GTCC

waste co-located with spent fuel within

an ISFSI or an MRS. The majority of the

changes to 10 CFR Part 72 would simply

add the term ‘‘GTCC waste’’ to the

appropriate sections and paragraphs

(typically immediately after the terms

‘‘spent fuel’’ or ‘‘high-level waste’’).

Section 72.120 would be revised to

require that GTCC waste be in a solid

form. The NRC anticipates issuing

guidance on the storage of GTCC waste

under 10 CFR Part 72 in conjunction

with issuance of the final rule.

10 CFR Part 150 would be modified

to be consistent with the changes

proposed for 10 CFR Part 72. The

proposed change to 10 CFR Part 150

(Exemptions and Continued Regulatory

Authority in Agreement States and in

Offshore Waters Under Section 274)

would specify that any GTCC waste

stored in an ISFSI or an MRS is under

NRC jurisdiction. This Part would also

be modified to indicate that licensing

the storage of any GTCC waste that

originates in, or is used by, a facility

licensed under 10 CFR Part 50 (a

production utilization facility) is the

responsibility of the NRC.

The NRC will continue to recover

costs for generic activities related to the

storage of GTCC waste under 10 CFR

Part 72 through 10 CFR Part 171 annual

fees assessed to the spent fuel storage/

reactor decommissioning class of

licensees. Subsequent to issuing the

final revision to 10 CFR Part 72, 10 CFR

Part 170 will be amended to clarify that

full costs fees will be assessed for

amendments and inspections related to

the storage of GTCC waste under 10 CFR

Part 72.

NRC To Maintain Authority for ReactorRelated GTCC Waste

Section 274(c)1 of the Atomic Energy

Act of 1954, as amended, provides that

no agreement entered into by the NRC

with a State ‘‘shall provide for

discontinuance of any authority and the

Commission shall retain authority and

responsibility with respect to regulation

of—(1) the construction and operation

of any production or utilization facility

or any uranium enrichment facility.’’

The NRC has incorporated this statutory

prohibition into its regulations in 10

CFR 150.15(a) and (a)(1) which states

that:

(a) Persons in Agreement States are not

exempt from the Commission’s licensing and

regulatory requirements with respect to the

following activities:

(1) The construction and operation of any

production or utilization facility. As used in

this subparagraph, operation of a facility

includes, but is not limited to

(i) the storage and handling of radioactive

wastes at the facility site by the person

licensed to operate the facility, and

(ii) the discharge of radioactive effluents

from the facility site.

Specifically, with regard to the storage

of reactor-related GTCC waste, the NRC

proposes continued Federal authority

over the GTCC waste after termination

of the 10 CFR Part 50 license. Thus,

under the option of obtaining 10 CFR

Part 30 and/or 70 licenses, the GTCC

waste would remain under Federal

authority. If the option of obtaining a

specific license under 10 CFR Part 72 is

chosen, the GTCC waste would also

remain under Federal authority. This

licensing authority would be

irrespective of the physical location of

the storage facility (either on or off the

originating reactor site).

However, this proposed rule is not

intended to change other current

responsibilities for Class A, B, and C

reactor-related LLW after termination of

the 10 CFR Part 50 license. In addition,

under 10 CFR 72.128(b), any LLW

generated by the ISFSI (or an MRS) must

be treated and stored onsite awaiting

transfer to a disposal site. The licensing

authority for treatment and storage of

ISFSI or MRS generated LLW would be

under 10 CFR Part 72, and therefore,

reserved to the NRC.

From a practical matter, the NRC

believes that because, under section

3(b)(1)(D) of the Low–Level Radioactive

Waste Policy Amendments Act of 1985,

the NRC must license the facility

selected by DOE for disposal of GTCC

waste, and because the NRC has

jurisdiction over GTCC waste while the

10 CFR Part 50 facility is operated, it

makes little sense for Agreement States

to assume regulatory authority and

responsibility over reactor-related GTCC

waste that is surrounded on all sides by

Federal regulatory authority and

responsibility.

Specific Changes in Regulatory Text

The following section is provided to

assist the reader in understanding the

specific changes made to each section or

paragraph in 10 CFR Parts 72 and 150.

For clarity of content in reading a

section, much of that particular section

may be repeated, although only a minor

change would be made. Using this

section should allow the reader to

effectively review the specific changes

without reviewing existing material that

has been included for content, but has

not been significantly changed.

The title to 10 CFR Part 72 would be

revised to include GTCC waste.

The following sections or paragraphs

would be revised to specify the

inclusion of GTCC waste, for clarity, or

for completeness: §§ 72.1, 72.2(a) and

(c), 72.6(a) and (c), 72.8, 72.16(d),

72.22(e)(3), 72.24 introductory text and

(i), 72.28(d), 72.30(a), 72.40(b),

72.44(b)(4), (c)(3)(i), (c)(5), (d) and (g)(2),

72.52(b)(2), (c), and (e), 72.54(c)(1),

72.60(c), 72.72(a), (b), and (d), 72.75(b),

(c), (d)(1)(iv), and (d)(2)(ii)(L), 72.76(a),

72.78(a), 72.80(g), 72.82(a) and (b),

72.106(b), 72.108 title and text,

72.122(b)(2), (h)(2), (h)(5), (i), and (l),

72.128 title and (a), and 72.140(c)(2).

Section 72.3: The definition for GTCC

waste would be added to 10 CFR Part

72 and the definitions of Design

capacity, Independent spent fuel storage

installation or ISFSI, Monitored

Retrievable Storage Installation or MRS,

Spent fuel storage cask or cask, and

Structures, systems, and components

important to safety, would be revised to

specify the inclusion of GTCC waste.

Paragraph 72.24(r): This new

paragraph would specify compatibility

and suitability of storage of reactorrelated GTCC waste at an ISFSI or MRS.

This requirement would ensure that the

co-location of this radioactive material

does not have an adverse affect on the

safe storage of spent fuel and the

operation of the facility.

Section 72.120: This section has been

modified to provide some general

considerations for the storage of GTCC

waste within an ISFSI or MRS.

Paragraph 150.15(a)(7)(i) and (ii): This

essentially repeats the existing

paragraphs, but would be revised for

consistency with the new

§ 150.15(a)(7)(iii).

Paragraph 150.15(a)(7)(iii): This new

paragraph would specify that the storage

of reactor-related GTCC waste within an

ISFSI or an MRS licensed pursuant to 10

CFR Part 50 and/or Part 72 is exempt

from Agreement State authority.

Paragraph 150.15(a)(8): This new

paragraph would specify that the storage

of reactor-related GTCC waste licensed

under 10 CFR Part 30 and/or Part 70 is

exempt from Agreement State authority.

In the NRC’s proposed rule,

‘‘Clarification and Addition of

Flexibility to Part 72’’ (64 FR 59677;

November 3, 1999), additional changes

are being proposed to 10 CFR Part 72.

Some of the sections being revised by

the ‘‘Clarification’’ rulemaking may also

be changed to specify the inclusion of

GTCC waste depending upon how this

rule is finalized. The changes proposed

in this rulemaking are based upon the

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules 37717

current 10 CFR Part 72 text. The final

GTCC rulemaking will incorporate

necessary conforming changes based on

the final ‘‘Clarification’’ rulemaking.

Compatibility of Agreement State

Regulations

Under the ‘‘Policy Statement on

Adequacy and Compatibility of

Agreement State Programs’’ approved by

the Commission on June 30, 1997, and

published in the Federal Register on

September 3, 1997 (62 FR 46517), 10

CFR Part 72 and § 150.15 continue to be

classified as compatibility Category

‘‘NRC.’’ The NRC program elements in

this category are those that relate

directly to areas of regulation reserved

to the NRC by the Atomic Energy Act of

1954, as amended, or provisions of Title

10 of the Code of Federal Regulations.

The Commission is particularly

interested in the position of the

Agreement States on issues raised in

this proposed rule. Specifically, the

Commission would like Agreement

State comment on the following

questions:

1. What is the position of the

Agreement States on NRC assuming

jurisdiction of storage of GTCC waste

generated during the operation of a 10

CFR Part 50 license after termination of

the 10 CFR Part 50 license?

2. What controls and regulatory

framework would the Agreement States

envision assuming they have

jurisdiction over GTCC waste generated

during the operation under a 10 CFR

Part 50 license after termination of the

10 CFR Part 50 license? How would the

Agreement States plan to ensure

consistency with a national regulatory

scheme?

3. The NRC staff is not aware of any

current Agreement State license for the

storage of reactor-related GTCC waste.

Are there any such licenses within your

State or are you aware of any such

Agreement State licenses?

Plain Language

The Presidential Memorandum dated

June 1, 1998, entitled, ‘‘Plain Language

in Government Writing,’’ directed that

the Federal government’s writing be in

plain language. This memorandum was

published June 10, 1998 (63 FR 31883).

In complying with this directive,

editorial changes have been made in the

proposed revision to improve the

organization and readability of the

existing language of paragraphs being

revised. These types of changes are not

discussed further in this document. The

NRC requests comments on the

proposed rule specifically with respect

to the clarity and effectiveness of the

language used. Comments should be

sent to the address listed under the

ADDRESSES heading.

Voluntary Consensus Standards

The National Technology Transfer

and Advancement Act of 1995, Pub. L.

104–113, requires that agencies use

technical standards that are developed

or adopted by voluntary consensus

standard bodies unless the use of such

a standard is inconsistent with

applicable law or otherwise impractical.

In this proposed rule, the NRC is

presenting amendments to its

regulations that would allow the

licensing of interim storage of GTCC

waste. This action does not constitute

the establishment of a standard that

establishes generally-applicable

requirements and the use of a voluntary

consensus standard is not applicable.

Finding of No Significant

Environmental Impact: Availability

The Commission has determined

under the National Environmental

Policy Act of 1969, as amended, and the

Commission’s regulations in Subpart A

of 10 CFR Part 51, that this rule, if

adopted, would not be a major Federal

action significantly affecting the quality

of the human environment, and

therefore, an environmental impact

statement is not required. The proposed

rule would provide reactor licensees an

additional option of storing GTCC waste

under a 10 CFR Part 72 license using

spent fuel storage criteria of that part.

Storage of GTCC waste at an ISFSI or an

MRS would be in a passive mode with

no human intervention needed for safe

storage. The draft Environmental

Assessment determined that there is no

significant environmental impact as a

result of the proposed changes.

The NRC has sent a copy of the draft

environmental assessment and this

proposed rule to every State Liaison

Officer and every Agreement State and

requested their comments on the

environmental assessment. The draft

environmental assessment and finding

of no significant impact on which this

determination is based are available for

inspection at the NRC Public Document

Room, 2120 L Street NW. (Lower Level),

Washington, DC. Single copies of the

environmental assessment and the

finding of no significant impact are

available from Mark Haisfield, Office of

Nuclear Material Safety and Safeguards,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555–0001, telephone

(301) 415–6196.

Paperwork Reduction Act Statement

This proposed rule amends

information collection requirements that

are subject to the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

This rule has been submitted to the

Office of Management and Budget for

review and approval of the information

collection requirements.

The public reporting burden for this

information collection is estimated to

average 120 hours per response,

including the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the information collection.

The U.S. Nuclear Regulatory

Commission is seeking public comment

on the potential impact of the

information collections contained in the

proposed rule and on the following

issues:

1. Is the proposed information

collection necessary for the proper

performance of the functions of the

NRC, including whether the information

will have practical utility?

2. Is the estimate of burden accurate?

3. Is there a way to enhance the

quality, utility, and clarity of the

information to be collected?

4. How can the burden of the

information collection be minimized,

including the use of automated

collection techniques?

Send comments on any aspect of this

proposed information collection,

including suggestions for reducing the

burden, to the Records Management

Branch (T–6 E6), U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, or by Internet

electronic mail at BJS1@NRC.GOV; and

to the Desk Officer, Office of

Information and Regulatory Affairs,

NEOB–10202, (3150–0132), Office of

Management and Budget, Washington,

DC 20503.

Comments to OMB on the information

collections or on the above issues

should be submitted by July 17, 2000.

Comments received after this date will

be considered if it is practical to do so,

but assurance of consideration cannot

be given to comments received after this

date.

Public Protection Notification

If a means used to impose an

information collection does not display

a currently valid OMB control number,

the NRC may not conduct or sponsor,

and a person is not required to respond

to, the information collection.

Regulatory Analysis

The Commission has prepared a draft

regulatory analysis on this proposed

regulation. The analysis examines the

costs and benefits of the alternatives

considered by the Commission. The

draft analysis is available for inspection

37718 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules

in the NRC Public Document Room,

2120 L Street NW. (Lower Level),

Washington, DC. Single copies of the

draft analysis may be obtained from

Mark Haisfield, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, telephone

(301) 415–6196.

The Commission requests public

comment on the draft regulatory

analysis. Comments on the draft

analysis may be submitted to the NRC

as indicated under the ADDRESSES

heading.

Regulatory Flexibility Certification

As required by the Regulatory

Flexibility Act of 1980 (5 U.S.C. 605(b)),

the Commission certifies that this rule,

if adopted, will not have a significant

economic impact upon a substantial

number of small entities. The proposed

amendments would apply to reactor

licensees, ISFSI licensees, certificate

holders, applicants for a Certificate of

Compliance, and DOE. The majority, if

not all, of these licensees would not

qualify as small entities under the

NRC’s size standards (10 CFR 2.810).

Any small entity subject to this

regulation which determines that,

because of its size, it is likely to bear a

disproportionate adverse economic

impact should notify the Commission of

this in a comment that indicates the

following:

(a) The licensee’s size and how the

proposed regulation would result in a

significant economic burden upon the

licensee as compared to the economic

burden on a larger licensee.

(b) How the proposed regulations

could be modified to take into account

the licensee’s differing needs or

capabilities.

(c) The benefits that would accrue, or

the detriments that would be avoided, if

the proposed regulations were modified

as suggested by the licensee.

(d) How the proposed regulation, as

modified, would more closely equalize

the impact of regulations or create more

equal access to the benefits of Federal

programs as opposed to providing

special advantages to any individual or

group.

(e) How the proposed regulation, as

modified, would still adequately protect

public health and safety.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109 and 72.62,

do not apply to this proposed rule, and

therefore, a backfit analysis is not

required because these amendments do

not involve any provisions that would

impose backfits as defined in 10 CFR

50.109(a)(1) or 72.62(a). This proposed

rule would not require licensees to use

10 CFR Part 72 to store GTCC waste. It

provides a practical option with criteria

that licensees may use. It does not

preclude, or change, use of 10 CFR Parts

30 and 70 as a licensing mechanism to

store GTCC waste. The NRC anticipates

that storage of GTCC waste licensed

under 10 CFR Part 72 can simplify the

licensing process, for both licensees and

the NRC, with no significant impact to

public health and safety or the

environment.

List of Subjects

10 CFR Part 72

Criminal penalties, Manpower

training programs, Nuclear materials,

Occupational safety and health,

Reporting and recordkeeping

requirements, Security measures, Spent

fuel.

10 CFR Part 150

Criminal penalties, Hazardous

materials transportation,

Intergovernmental relations, Nuclear

materials, Reporting and recordkeeping

requirements, Security measures,

Source material, Special nuclear

material.

For the reasons set out in the

preamble and under the authority of the

Atomic Energy Act of 1954, as amended,

the Energy Reorganization Act of 1974,

as amended, and 5 U.S.C. 553, the NRC

is proposing to adopt the following

amendments to 10 CFR Parts 72 and

150.

PART 72—LICENSING

REQUIREMENTS FOR THE

INDEPENDENT STORAGE OF SPENT

NUCLEAR FUEL, HIGH-LEVEL

RADIOACTIVE WASTE, AND

REACTOR-RELATED GREATER THAN

CLASS C WASTE

1. The heading of Part 72 is revised

to read as presented above:

2. The authority citation for Part 72

continues to read as follows:

Authority: Secs. 51, 53, 57, 62, 63, 65, 69,

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.

929, 930, 932, 933, 934, 935, 948, 953, 954,

955, as amended, sec. 234, 83 Stat. 444, as

amended (42 U.S.C. 2071, 2073, 2077, 2092,

2093, 2095, 2099, 2111, 2201, 2232, 2233,

2234, 2236, 2237, 2238, 2282); sec. 274, Pub.

L. 86–373, 73 Stat. 688, as amended (42

U.S.C. 2021); sec. 201, as amended, 202, 206,

88 Stat. 1242, as amended, 1244, 1246 (42

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.

10, 92 Stat. 295 as amended by Pub. L. 102–

486, sec 7902, 106 Stat. 3123 (42 U.S.C.

5851); sec. 102, Pub. L. 91–190, 83 Stat. (42

U.S.C. 4332); secs. 131, 132, 133, 135, 137,

141, Pub. L. 97–425, 96 Stat. 2229, 2230,

2232, 2241, sec. 148, Pub. L. 100–203, 101

Stat. 1330–235 (42 U.S.C. 10151, 10152,

10153, 10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs.

142(b) and 148(c), (d), Pub. L. 100–203, 101

Stat. 1330–232, 1330–236 (42 U.S.C.

10162(b), 10168(c), (d). Section 72.46 also

issued under sec. 189, 68 Stat. 935 (42 U.S.C.

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230

(42 U.S.C. 10154). Section 72.96(d) also

issued under sec. 145(g), Pub. L. 100–203;

101 Stat. 1330–235 (42 U.S.C. 10165(g)).

Subpart J also issued under secs. 2(2), 2(15),

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.

2202, 2203, 2204, 2222, 2244 (42 U.S.C.

10101, 10137(a), 10161(h). Subparts K and L

are also issued under sec. 133, 96 Stat. 2230

(42 U.S.C. 10153) and sec. 218(a), 96 Stat.

2252 (42 U.S.C. 10198).

3. Section 72.1 is revised to read as

follows:

§ 72.1 Purpose.

The regulations in this part establish

requirements, procedures, and criteria

for the issuance of licenses to receive,

transfer, and possess power reactor

spent fuel, power reactor-related greater

than class C (GTCC) waste, and other

radioactive materials associated with

spent fuel storage in an independent

spent fuel storage installation (ISFSI)

and the terms and conditions under

which the Commission will issue these

licenses. The regulations in this part

also establish requirements, procedures,

and criteria for the issuance of licenses

to the Department of Energy (DOE) to

receive, transfer, package, and possess

power reactor spent fuel, high-level

radioactive waste, power reactor-related

GTCC waste, and other radioactive

materials associated with the storage of

these materials in a monitored

retrievable storage installation (MRS).

The term Monitored Retrievable Storage

Installation or MRS, as defined § 72.3, is

derived from the NWPA and includes

any installation that meets this

definition. The regulations in this part

also establish requirements, procedures,

and criteria for the issuance of

Certificates of Compliance approving

spent fuel storage cask designs.

4. Section 72.2 is amended by revising

paragraphs (a) and (c) to read as follows:

§ 72.2 Scope.

(a) Except as provided in § 72.6(b),

licenses issued under this part are

limited to the receipt, transfer,

packaging, and possession of:

(1) Power reactor spent fuel and

power reactor-related GTCC waste to be

stored in a complex that is designed and

constructed specifically for storage of

power reactor spent fuel aged for at least

one year, reactor-related GTCC waste in

a solid form, and other radioactive

materials associated with spent fuel

storage in an independent spent fuel

storage installation (ISFSI); or

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules 37719

(2) Power reactor spent fuel and

power reactor-related GTCC waste to be

stored in a monitored retrievable storage

installation (MRS) owned by DOE that

is designed and constructed specifically

for the storage of spent fuel aged for at

least one year, high-level radioactive

waste that is in a solid form, reactorrelated GTCC waste that is in a solid

form, and other radioactive materials

associated with storage of these

materials.

* * * * *

(c) The requirements of this regulation

are applicable, as appropriate, to both

wet and dry modes of storage of—

(1) Spent fuel and solid reactorrelated GTCC waste in an independent

spent fuel storage installation (ISFSI);

and

(2) Spent fuel, solid high-level

radioactive waste, and solid reactorrelated GTCC waste in a monitored

retrievable storage installation (MRS).

* * * * *

5. Section 72.3 is amended by adding

a definition, in its proper alphabetic

order, of the term Greater than class C

waste, and revising the definitions of

Design capacity, Independent spent fuel

storage installation or ISFSI, Monitored

Retrievable Storage Installation or MRS,

Spent fuel storage cask or cask, and

Structures, systems, and components

important to safety, to read as follows:

§ 72.3 Definitions.

* * * * *

Design capacity means the quantity of

spent fuel, high-level radioactive waste,

or reactor-related GTCC waste, the

maximum burn up of the spent fuel in

MWD/MTU, the terabequerel (curie)

content of the waste, and the total heat

generation in Watts (btu/hour) that the

storage installation is designed to

accommodate.

* * * * *

Greater than class C waste or GTCC

waste means low-level radioactive waste

that exceeds the concentration limits of

radionuclides established for Class C

waste in § 61.55 of this chapter.

* * * * *

Independent spent fuel storage

installation or ISFSI means a complex

designed and constructed for the

interim storage of spent nuclear fuel,

solid reactor-related GTCC waste, and

other radioactive materials associated

with spent fuel and reactor-related

GTCC waste storage. An ISFSI which is

located on the site of another facility

licensed under this part or a facility

licensed under Part 50 of this chapter

and which shares common utilities and

services with that facility or is

physically connected with that other

facility may still be considered

independent.

* * * * *

Monitored Retrievable Storage

Installation or MRS means a complex

designed, constructed, and operated by

DOE for the receipt, transfer, handling,

packaging, possession, safeguarding,

and storage of spent nuclear fuel aged

for at least one year, solidified highlevel radioactive waste resulting from

civilian nuclear activities, and solid

reactor-related GTCC waste, pending

shipment to a HLW repository or other

disposal.

* * * * *

Spent fuel storage cask or cask means

all the components and systems

associated with the container in which

spent fuel, other radioactive materials

associated with spent fuel, or reactorrelated GTCC waste are stored in an

ISFSI.

* * * * *

Structures, systems, and components

important to safety means those features

of the ISFSI, MRS, and spent fuel

storage cask whose functions are—

(1) To maintain the conditions

required to store spent fuel, high-level

radioactive waste, or reactor-related

GTCC waste safely;

(2) To prevent damage to the spent

fuel, the high-level radioactive waste, or

reactor-related GTCC waste container

during handling and storage; or

(3) To provide reasonable assurance

that spent fuel, high-level radioactive

waste, or reactor-related GTCC waste

can be received, handled, packaged,

stored, and retrieved without undue risk

to the health and safety of the public.

* * * * *

6. Section 72.6 is amended by revising

paragraphs (a) and (c) to read as follows:

§ 72.6 License required; types of licenses.

(a) Licenses for the receipt, handling,

storage, and transfer of spent fuel, highlevel radioactive waste, or reactorrelated GTCC waste are of two types:

general and specific. Any general

license provided in this part is effective

without the filing of an application with

the Commission or the issuance of a

licensing document to a particular

person. A specific license is issued to a

named person upon application filed

under the regulations in this part.

* * * * *

(c) Except as authorized in a specific

license and in a general license under

subpart K of this part issued by the

Commission in accordance with the

regulations in this part, no person may

acquire, receive, or possess—

(1) Spent fuel or reactor-related GTCC

waste for the purpose of storage in an

ISFSI; or

(2) Spent fuel, high-level radioactive

waste, radioactive material associated

with high-level radioactive waste, or

reactor-related GTCC waste for the

purpose of storage in an MRS.

7. Section 72.8 is revised to read as

follows:

§ 72.8 Denial of licensing by Agreement

States.

Agreement States may not issue

licenses covering the storage of spent

fuel and reactor-related GTCC waste in

an ISFSI or the storage of spent fuel,

high-level radioactive waste, and

reactor-related GTCC waste in an MRS.

8. Section 72.16 is amended by

revising paragraph (d) to read as

follows:

§ 72.16 Filing of application for specific

license.

* * * * *

(d) Fees. The application,

amendment, and renewal fees

applicable to a license covering an ISFSI

are those shown in § 170.31 of this

chapter.

* * * * *

9. Section 72.22 is amended by

revising paragraph (e)(3) to read as

follows:

§ 72.22 Contents of application: General

and financial information.

* * * * *

(e) * * *

(3) Estimated decommissioning costs,

and the necessary financial

arrangements to provide reasonable

assurance before licensing, that

decommissioning will be carried out

after the removal of spent fuel, highlevel radioactive waste, and/or reactorrelated GTCC waste from storage.

10. Section 72.24 is amended by

revising the introductory paragraph and

paragraph (i) and adding a new

paragraph (r) to read as follows:

§ 72.24 Contents of application: Technical

information.

Each application for a license under

this part must include a Safety Analysis

Report describing the proposed ISFSI or

MRS for the receipt, handling,

packaging, and storage of spent fuel,

high-level radioactive waste, and/or

reactor-related GTCC waste as

appropriate, including how the ISFSI or

MRS will be operated. The minimum

information to be included in this report

must consist of the following:

* * * * *

(i) If the proposed ISFSI or MRS

incorporates structures, systems, or

37720 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules

components important to safety whose

functional adequacy or reliability have

not been demonstrated by prior use for

that purpose or cannot be demonstrated

by reference to performance data in

related applications or to widely

accepted engineering principles, an

identification of these structures,

systems, or components along with a

schedule showing how safety questions

will be resolved prior to the initial

receipt of spent fuel, high-level

radioactive waste, and/or reactor-related

GTCC waste as appropriate for storage at

the ISFSI or MRS.

* * * * *

(r) A description of the compatibility

and suitability of the reactor-related

GTCC waste with the ISFSI or MRS.

11. Section 72.28 is amended by

revising paragraph (d) to read as

follows:

§ 72.28 Contents of application:

Applicant’s technical qualifications.

* * * * *

(d) A commitment by the applicant to

have and maintain an adequate

complement of trained and certified

installation personnel prior to the

receipt of spent fuel, high-level

radioactive waste, and/or reactor-related

GTCC waste as appropriate for storage.

12. Section 72.30 is amended by

revising paragraph (a) to read as follows:

§ 72.30 Financial assurance and

recordkeeping for decommissioning.

(a) Each application under this part

must include a proposed

decommissioning plan that contains

sufficient information on proposed

practices and procedures for the

decontamination of the site and

facilities and for disposal of residual

radioactive materials after all spent fuel,

high-level radioactive waste, and

reactor-related GTCC waste has been

removed, in order to provide reasonable

assurance that the decontamination and

decommissioning of the ISFSI or MRS at

the end of its useful life will provide

adequate protection to the health and

safety of the public. This plan must

identify and discuss those design

features of the ISFSI or MRS that

facilitate its decontamination and

decommissioning at the end of its useful

life.

* * * * *

13. Section 72.40 is amended by

revising paragraph (b) to read as follows:

§ 72.40 Issuance of license.

* * * * *

(b) A license to store spent fuel and

reactor-related GTCC waste in the

proposed ISFSI or to store spent fuel,

high-level radioactive waste, and

reactor-related GTCC waste in the

proposed MRS may be denied if

construction on the proposed facility

begins before a finding approving

issuance of the proposed license with

any appropriate conditions to protect

environmental values.

* * * * *

14. Section 72.44 is amended by

revising paragraphs (b)(4), (c)(3)(i),

(c)(5), the introductory text of paragraph

(d), and (g)(2) to read as follows:

§ 72.44 License conditions.

* * * * *

(b) * * *

(4) The licensee shall have an NRCapproved program in effect that covers

the training and certification of

personnel that meets the requirements

of subpart I before the licensee may

receive spent fuel and/or reactor-related

GTCC waste for storage at an ISFSI or

the receipt of spent fuel, high-level

radioactive waste, and/or reactor-related

GTCC waste for storage at an MRS.

* * * * *

(c) * * *

(3) * * *

(i) Inspection and monitoring of spent

fuel, high-level radioactive waste, or

reactor-related GTCC waste in storage;

* * * * *

(5) Administrative controls.

Administrative controls include the

organization and management

procedures, recordkeeping, review and

audit, and reporting requirements

necessary to assure that the operations

involved in the storage of spent fuel and

reactor-related GTCC waste in an ISFSI

and the storage of spent fuel, high-level

radioactive waste, and reactor-related

GTCC waste in an MRS are performed

in a safe manner.

(d) Each license authorizing the

receipt, handling, and storage of spent

fuel, high-level radioactive waste, and/

or reactor-related GTCC waste under

this part must include technical

specifications that, in addition to stating

the limits on the release of radioactive

materials for compliance with limits of

part 20 of this chapter and the ‘‘as low

as is reasonably achievable’’ objectives

for effluents, require that:

* * * * *

(g) * * *

(2) Construction of the MRS or

acceptance of spent nuclear fuel, highlevel radioactive waste, and/or reactorrelated GTCC waste at the MRS is

prohibited during such time as the

repository license is revoked by the

Commission or construction of the

repository ceases.

* * * * *

15. Section 72.52 is amended by

revising paragraphs (b)(2), (c), and (e) to

read as follows:

§ 72.52 Creditor regulations.

* * * * *

(b) * * *

(2) That no creditor so secured may

take possession of the spent fuel and/or

reactor-related GTCC waste under the

provisions of this section before —

(i) The Commission issues a license

authorizing possession; or

(ii) The license is transferred.

(c) Any creditor so secured may apply

for transfer of the license covering spent

fuel and/or reactor-related GTCC waste

by filing an application for transfer of

the license under § 72.50(b). The

Commission will act upon the

application under § 72.50(c).

* * * * *

(e) As used in this section, ‘‘creditor’’

includes, without implied limitation —

(1) The trustee under any mortgage,

pledge, or lien on spent fuel and/or

reactor-related GTCC waste in storage

made to secure any creditor;

(2) Any trustee or receiver of spent

fuel and/or reactor-related GTCC waste

appointed by a court of competent

jurisdiction in any action brought for

the benefit of any creditor secured by a

mortgage, pledge, or lien;

(3) Any purchaser of the spent fuel

and/or reactor-related GTCC waste at

the sale thereof upon foreclosure of the

mortgage, pledge, or lien or upon

exercise of any power of sale contained

therein; or

(4) Any assignee of any such

purchaser.

16. Section 72.54 is amended by

revising paragraph (c)(1) to read as

follows:

§ 72.54 Expiration and termination of

licenses and decommissioning of sites and

separate buildings or outdoor areas.

* * * * *

(c) * * *

(1) Limit actions involving spent fuel,

reactor-related GTCC waste, or other

licensed material to those related to

decommissioning; and

* * * * *

17. Section 72.60 is amended by

revising paragraph (c) to read as follows:

§ 72.60 Modification, revocation, and

suspension of license.

* * * * *

(c) Upon revocation of a license, the

Commission may immediately cause the

retaking of possession of all special

nuclear material contained in spent fuel

and/or reactor-related GTCC waste held

by the licensee. In cases found by the

Commission to be of extreme

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules 37721

importance to the national defense and

security or to the health and safety of

the public, the Commission may cause

the taking of possession of any special

nuclear material contained in spent fuel

and/or reactor-related GTCC waste held

by the licensee before following any of

the procedures provided under sections

551–558 of title 5 of the United States

Code.

18. Section 72.72 is amended by

revising paragraphs (a), (b), and (d) to

read as follows:

§ 72.72 Material balance, inventory, and

records requirements for stored materials.

(a) Each licensee shall keep records

showing the receipt, inventory

(including location), disposal,

acquisition, and transfer of all spent

fuel, high-level radioactive waste, and

reactor-related GTCC waste containing

special nuclear material in storage. The

records must include as a minimum the

name of shipper of the material to the

ISFSI or MRS, the estimated quantity of

radioactive material per item (including

special nuclear material in spent fuel

and reactor-related GTCC waste), item

identification and seal number, storage

location, onsite movements of each fuel

assembly or storage canister, and

ultimate disposal. These records for

spent fuel and reactor-related GTCC

waste at an ISFSI or for spent fuel, highlevel radioactive waste, and reactorrelated GTCC waste at an MRS must be

retained for as long as the material is

stored and for a period of five years after

the material is disposed of or transferred

out of the ISFSI or MRS.

(b) Each licensee shall conduct a

physical inventory of all spent fuel,

high-level radioactive waste, and

reactor-related GTCC waste containing

special nuclear material in storage at

intervals not to exceed 12 months

unless otherwise directed by the

Commission. The licensee shall retain a

copy of the current inventory as a record

until the Commission terminates the

license.

* * * * *

(d) Records of spent fuel, high-level

radioactive waste, and reactor-related

GTCC waste containing special nuclear

material in storage must be kept in

duplicate. The duplicate set of records

must be kept at a separate location

sufficiently remote from the original

records that a single event would not

destroy both sets of records. Records of

spent fuel or reactor-related GTCC waste

containing special nuclear material

transferred out of an ISFSI or of spent

fuel, high-level radioactive waste, or

reactor-related GTCC waste containing

special nuclear material transferred out

of an MRS must be preserved for a

period of five years after the date of

transfer.

19. Section 72.75 is amended by

revising the introductory text of

paragraphs (b) and (c), paragraphs (b)(2),

(b)(3), (b)(6), (d)(1)(iv), and (d)(2)(ii)(L)

to read as follows:

§ 72.75 Reporting requirements for

specific events and conditions.

* * * * *

(b) Non-emergency notifications:

Four-hour reports. Each licensee shall

notify the NRC as soon as possible but

not later than 4 hours after the discovery

of any of the following events or

conditions involving spent fuel, HLW,

or reactor-related GTCC waste:

* * * * *

(2) A defect in any storage structure,

system, or component which is

important to safety.

(3) A significant reduction in the

effectiveness of any storage confinement

system during use.

* * * * *

(6) An unplanned fire or explosion

damaging any spent fuel, HLW, and/or

reactor-related GTCC waste, or any

device, container, or equipment

containing spent fuel, HLW, and/or

reactor-related GTCC waste when the

damage affects the integrity of the

material or its container.

(c) Non-emergency notifications:

Twenty-four hour reports. Each licensee

shall notify the NRC within 24 hours

after the discovery of any of the

following events involving spent fuel,

HLW, or reactor-related GTCC waste:

* * * * *

(d) * * *

(1) * * *

(iv) The quantities, and chemical and

physical forms of the spent fuel, HLW,

or reactor-related GTCC waste involved;

and

* * * * *

(2) * * *

(ii) * * *

(L) The quantities and chemical and

physical forms of the spent fuel, HLW,

or reactor-related GTCC waste involved;

* * * * *

20. Section 72.76 is amended by

revising paragraph (a) to read as follows:

§ 72.76 Material status reports.

(a) Except as provided in paragraph

(b) of this section, each licensee shall

complete, in computer-readable format,

and submit to the Commission a

material status report in accordance

with instructions (NUREG/BR–0007 and

NMMSS Report D–24 ‘‘Personal

Computer Data Input for NRC

Licensees’’). Copies of these instructions

may be obtained from the U.S. Nuclear

Regulatory Commission, Division of

Fuel Cycle Safety and Safeguards,

Washington, DC 20555 -0001. These

reports provide information concerning

the special nuclear material contained

in the spent fuel and reactor-related

GTCC waste possessed, received,

transferred, disposed of, or lost by the

licensee. Material status reports must be

made as of March 31 and September 30

of each year and filed within 30 days

after the end of the period covered by

the report. The Commission may, when

good cause is shown, permit a licensee

to submit material status reports at other

times. The Commission’s copy of this

report must be submitted to the address

specified in the instructions. These

prescribed computer-readable forms

replace the DOE/NRC Form 742 which

has been previously submitted in paper

form.

* * * * *

21. Section 72.78 is amended by

revising paragraph (a) to read as follows:

§ 72.78 Nuclear material transfer reports.

(a) Except as provided in paragraph

(b) of this section, whenever the

licensee transfers or receives spent fuel

or GTCC waste containing special

nuclear material, the licensee shall

complete in computer-readable format a

Nuclear Material Transaction Report in

accordance with instructions (NUREG/

BR–0006 and NMMSS Report D–24,

‘‘Personal Computer Data Input for NRC

Licensees’’). Copies of these instructions

may be obtained from the U.S. Nuclear

Regulatory Commission, Division of

Fuel Cycle Safety and Safeguards,

Washington, DC 20555–0001. Each

ISFSI licensee who receives spent fuel

from a foreign source shall complete

both the supplier’s and receiver’s

portion of the Nuclear Material

Transaction Report, verify the identity

of the spent fuel, and indicate the

results on the receiver’s portion of the

form. These prescribed computerreadable forms replace the DOE/NRC

Form 741 which has been previously

submitted in paper form.

* * * * *

22. Section 72.80 is amended by

revising paragraph (g) to read as follows:

§ 72.80 Other records and reports.

* * * * *

(g) Each specific licensee shall notify

the Commission, in accordance with

§ 72.4, of its readiness to begin

operation at least 90 days prior to the

first storage of spent fuel, high-level

waste, or reactor-related GTCC waste in

an ISFSI or MRS.

23. Section 72.82 is amended by

revising paragraphs (a) and (b) to read

as follows:

37722 Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules

§ 72.82 Inspections and tests.

(a) Each licensee under this part shall

permit duly authorized representatives

of the Commission to inspect its

records, premises, and activities and of

spent fuel, high-level radioactive waste,

or reactor-related GTCC waste in its

possession related to the specific license

as may be necessary to meet the

objectives of the Act, including section

105 of the Act.

(b) Each licensee under this part shall

make available to the Commission for

inspection, upon reasonable notice,

records kept by the licensee pertaining

to its receipt, possession, packaging, or

transfer of spent fuel, high-level

radioactive waste, or reactor-related

GTCC waste.

* * * * *

24. Section 72.106 is amended by

revising paragraph (b) to read as follows:

§ 72.106 Controlled area of an ISFSI or

MRS.

* * * * *

(b) Any individual located on or

beyond the nearest boundary of the

controlled area may not receive from

any design basis accident the more

limiting of a total effective dose

equivalent of 0.05 Sv (5 rem), or the sum

of the deep-dose equivalent and the

committed dose equivalent to any

individual organ or tissue (other than

the lens of the eye) of 0.5 Sv (50 rem).

The lens dose equivalent may not

exceed 0.15 Sv (15 rem) and the shallow

dose equivalent to skin or any extremity

may not exceed 0.5 Sv (50 rem). The

minimum distance from the spent fuel,

high-level radioactive waste, or reactorrelated GTCC waste handling and

storage facilities to the nearest boundary

of the controlled area must be at least

100 meters.

* * * * *

25. Section 72.108 is revised to read

as follows:

§ 72.108 Spent fuel, high-level radioactive

waste, or reactor-related greater than class

C waste transportation.

The proposed ISFSI or MRS must be

evaluated with respect to the potential

impact on the environment of the

transportation of spent fuel, high-level

radioactive waste, or reactor-related

GTCC waste within the region.

26. Section 72.120 is revised to read

as follows:

§ 72.120 General considerations.

(a) As required by § 72.24, an

application to store spent fuel or

reactor-related GTCC waste in an ISFSI

or to store spent fuel, high-level

radioactive waste, or reactor-related

GTCC waste in an MRS must include

the design criteria for the proposed

storage installation. These design

criteria establish the design, fabrication,

construction, testing, maintenance and

performance requirements for

structures, systems, and components

important to safety as defined in § 72.3.

The general design criteria identified in

this subpart establish minimum

requirements for the design criteria for

an ISFSI or MRS. Any omissions in

these general design criteria do not

relieve the applicant from the

requirement of providing the necessary

safety features in the design of the ISFSI

or MRS.

(b) The ISFSI must be designed to

store spent fuel and/or solid reactorrelated GTCC waste. Liquid reactorrelated GTCC wastes may not be

received or stored in an ISFSI. If the

ISFSI is a water-pool type facility, the

reactor-related GTCC waste must be in

a durable solid form with demonstrable

leach resistance.

(c) The MRS must be designed to store

spent fuel, solid high-level radioactive

waste, and/or solid reactor-related

GTCC waste. Liquid high-level

radioactive wastes or liquid reactorrelated GTCC wastes may not be

received or stored in an MRS. If the

MRS is a water-pool type facility, the

high-level waste and reactor-related

GTCC waste must be in a durable solid

form with demonstrable leach

resistance.

(d) The ISFSI or MRS must be

designed, made of materials, and

constructed to ensure that there will be

no significant chemical, galvanic, or

other reactions between or among the

storage system components, spent fuel,

reactor-related GTCC waste, and/or high

level waste including possible reaction

with water during wet loading and

unloading operations or during storage

in a water-pool type ISFSI or MRS. The

behavior of materials under irradiation

and thermal conditions must be taken

into account.

27. Section 72.122 is amended by

revising paragraphs (b)(2), (h)(2), (h)(5),

(i) and (l) to read as follows:

§ 72.122 Overall requirements.

* * * * *

(b) * * *

(2)(i) Structures, systems, and

components important to safety must be

designed to withstand the effects of

natural phenomena such as earthquakes,

tornadoes, lightning, hurricanes, floods,

tsunami, and seiches, without impairing

their capability to perform their

intended design functions. The design

bases for these structures, systems, and

components must reflect:

(A) Appropriate consideration of the

most severe of the natural phenomena

reported for the site and surrounding

area, with appropriate margins to take

into account the limitations of the data

and the period of time in which the data

have accumulated, and

(B) Appropriate combinations of the

effects of normal and accident

conditions and the effects of natural

phenomena.

(ii) The ISFSI or MRS should also be

designed to prevent massive collapse of

building structures or the dropping of

heavy objects as a result of building

structural failure on the spent fuel, highlevel radioactive waste, or reactorrelated GTCC waste or on to structures,

systems, and components important to

safety.

* * * * *

(h) * * *

(2) For underwater storage of spent

fuel, high-level radioactive waste, or

reactor-related GTCC waste in which the

pool water serves as a shield and a

confinement medium for radioactive

materials, systems for maintaining water

purity and the pool water level must be

designed so that any abnormal

operations or failure in those systems

from any cause will not cause the water

level to fall below safe limits. The

design must preclude installations of

drains, permanently connected systems,

and other features that could, by

abnormal operations or failure, cause a

significant loss of water. Pool water

level equipment must be provided to

alarm in a continuously manned

location if the water level in the storage

pools falls below a predetermined level.

* * * * *

(5) The high-level radioactive waste

and reactor-related GTCC waste must be

packaged in a manner that allows

handling and retrievability without the

release of radioactive materials to the

environment or radiation exposures in

excess of Part 20 limits. The package

must be designed to confine the highlevel radioactive waste for the duration

of the license.

(i) Instrumentation and control

systems. Instrumentation and control

systems for wet spent fuel and reactorrelated GTCC waste storage must be

provided to monitor systems that are

important to safety over anticipated

ranges for normal operation and offnormal operation. Those instruments

and control systems that must remain

operational under accident conditions

must be identified in the Safety

Analysis Report. Instrumentation

systems for dry storage casks must be

provided in accordance with cask

design requirements to monitor

Federal Register / Vol. 65, No. 117 / Friday, June 16, 2000 / Proposed Rules 37723

conditions that are important to safety

over anticipated ranges for normal

conditions and off-normal conditions.

Systems that are required under

accident conditions must be identified

in the Safety Analysis Report.

* * * * *

(l) Retrievability. Storage systems

must be designed to allow ready

retrieval of spent fuel, high-level

radioactive waste, and reactor-related

GTCC waste for further processing or

disposal.

28. Section 72.128 is amended by

revising the heading and the

introductory text of paragraph (a) to

read as follows:

§ 72.128 Criteria for spent fuel, high-level

radioactive waste, reactor-related greater

than class C waste, and other radioactive

waste storage and handling.

(a) Spent fuel, high-level radioactive

waste, and reactor-related GTCC waste

storage and handling systems. Spent

fuel storage, high-level radioactive

waste storage, reactor-related GTCC

waste storage and other systems that

might contain or handle radioactive

materials associated with spent fuel,

high-level radioactive waste, or reactorrelated GTCC waste, must be designed

to ensure adequate safety under normal

and accident conditions. These systems

must be designed with—

* * * * *

29. Section 72.140 is amended by

revising paragraph (c)(2) to read as

follows:

§ 72.140 Quality assurance requirements.

* * * * *

(c) * * *

(2) Each licensee shall obtain

Commission approval of its quality

assurance program prior to receipt of

spent fuel and/or reactor-related GTCC

waste at the ISFSI or spent fuel, highlevel radioactive waste, and/or reactorrelated GTCC waste at the MRS.

* * * * *

PART 150—EXEMPTIONS AND

CONTINUED REGULATORY

AUTHORITY IN AGREEMENT STATES

AND IN OFFSHORE WATERS UNDER

SECTION 274

30. The authority citation for Part 150

continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as

amended, sec. 274, 73 Stat. 688 (42 U.S.C.

2201, 2021); sec. 201, 88 Stat. 1242, as

amended (42 U.S.C. 5841).

Sections 150.3, 150.15, 150.15a, 150.31,

150.32 also issued under secs. 11e(2), 81, 68

Stat. 923, 935, as amended, secs. 83, 84, 92

Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111,

2113, 2114). Section 150.14 also issued under

sec. 53, 68 Stat. 930, as amended (42 U.S.C.

2073). Section 150.15 also issued under secs.

135, 141, Pub. L. 97–425, 96 Stat. 2232, 2241

(42 U.S.C. 10155, 10161). Section 150.17a

also issued under sec. 122, 68 Stat. 939 (42

U.S.C. 2152). Section 150.30 also issued

under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).

31. Section 150.15 is amended by

revising paragraph (a)(7) and adding a

new paragraph (a)(8) to read as follows:

§ 150.15 Persons not exempt.

(a) * * *

(7) The storage of:

(i) Spent fuel in an independent spent

fuel storage installation (ISFSI) licensed

under Part 72 of this chapter,

(ii) Spent fuel and high-level

radioactive waste in a monitored

retrievable storage installation (MRS)

licensed under Part 72 of this chapter,

or

(iii) Greater than class C waste, as

defined in Part 72 of this chapter. In an

ISFSI or MRS licensed under Part 72 of

this chapter, the GTCC waste must

originate in, or be used by, a facility

licensed under Part 50 of this chapter.

(8) Greater than class C waste, as

defined in Part 72 of this chapter, that

originates in, or be used by, a facility

licensed under Part 50 of this chapter

and is licensed under Part 30 and/or

Part 70 of this chapter.

* * * * *

Dated at Rockville, Maryland, this 9th day

of June, 2000.

For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook,

Secretary of the Commission.

[FR Doc. 00–15054 Filed 6–15–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–345–AD]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model BH.125, DH.125, and HS.125

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to all

Raytheon Model DH.125–1A, –3A, and

–400A series airplanes, that currently

requires a one-time inspection to detect

scoring of the upper fuselage skin

around the periphery of the cockpit

canopy blister interface, and repair, if

necessary. This action would expand

the applicability of the existing AD to

include additional airplanes, and would

require that the actions be accomplished

in accordance with revised service

information for the newly added

airplanes. This AD is prompted by

additional reports indicating that

scoring has been detected on the upper

fuselage skin around the periphery of

the cockpit canopy blister interface. The

actions specified by the proposed AD

are intended to detect and correct

scoring of the upper fuselage skin

around the periphery of the cockpit

canopy blister interface, which could

result in reduced structural integrity of

the fuselage, and consequent cabin

depressurization.

DATES: Comments must be received by

July 31, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

345–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Raytheon Aircraft Company,

Commercial Service Department, P.O.

Box 85, Wichita, Kansas 67201–0085.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Small Airplane Directorate, Wichita

Aircraft Certification Office, 1801

Airport Road, Room 100, Mid-Continent

Airport, Wichita, Kansas.

FOR FURTHER INFORMATION CONTACT: T.N.

Baktha, Aerospace Engineer, Airframe

Branch, ACE–118W, FAA, Small

Airplane Directorate, Wichita Aircraft

Certification Office, 1801 Airport Road,

Room 100, Mid-Continent Airport,

Wichita, Kansas 67209; telephone (316)

946–4155; fax (316) 946–4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the