[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Proposed Rules]
[Pages 26568-26569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9007]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150--AI13


List of Approved Spent Fuel Storage Casks: NAC-MPC Revision 5

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations revising the NAC International, Inc., NAC-Multi-Purpose 
Canister (MPC) system listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 5 to Certificate of Compliance 
(CoC) Number 1025. Amendment No. 5 would modify the CoC by revising the 
Technical Specifications (TS) to incorporate changes to the reporting 
and monitoring requirements to allow for visual inspection of the air 
inlet and outlet vents instead of thermal monitoring, revising the TS 
to incorporate guidance from NRC Interim Staff Guidance-22 and replace 
all references to backfilling the cask with air to backfilling with 
inert gas, revising the CoC description to remove the requirement for 
tamper-indicating devices on the Vertical Concrete Casks, and including 
several editorial changes to improve the clarity of the documents 
associated with the NAC-MPC system, under the general provisions that 
govern licensing requirements for the independent storage of spent 
nuclear fuel, high level radioactive waste, and reactor-related greater 
than Class C waste.

DATES: Comments on the proposed rule must be received on or before June 
11, 2007.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AI13) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comment will not be edited to remove any identifying or contact 
information, the NRC cautions you against including personal 
information such as social security numbers and birth dates in your 
submission.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: <a href="/cdn-cgi/l/email-protection#3b687e78627b554958155c544d"><span class="__cf_email__" data-cfemail="0e5d4b4d574e607c6d20696178">[email protected]</span></a>. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the NRC's 
rulemaking Web site at http://rulemaking.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail 
<a href="/cdn-cgi/l/email-protection#54373533143a26377a333b22"><span class="__cf_email__" data-cfemail="cba8aaac8ba5b9a8e5aca4bd">[email protected]</span></a>. Comments can also be submitted via the Federal eRulemaking 
Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays [telephone 
(301) 415-1966].
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers at the NRC's Public 
Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland. Selected documents, including comments, can 
be viewed and downloaded electronically via the NRC rulemaking Web site 
at http://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html. From this 
site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to <a href="/cdn-cgi/l/email-protection#22524650624c50410c454d54"><span class="__cf_email__" data-cfemail="90e0f4e2d0fee2f3bef7ffe6">[email protected]</span></a>. An electronic copy of the proposed CoC No. 
1025, the proposed TS, and the preliminary safety evaluation report 
(SER) for Amendment 5 can be found under ADAMS Accession Nos. 
ML063520431, ML063520434, and ML063520440.
    The proposed CoC No. 1025, the proposed TS, the preliminary SER for 
Amendment No. 5, and the environmental assessment are available for 
inspection at the NRC PDR, 11555 Rockville Pike, Rockville MD. Single 
copies of these documents may be obtained from Jayne M. McCausland,

[[Page 26569]]

Office of Federal and State Materials and Environmental Management 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-6219, e-mail <a href="/cdn-cgi/l/email-protection#1b717676295b756978357c746d"><span class="__cf_email__" data-cfemail="c6acababf486a8b4a5e8a1a9b0">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail <a href="/cdn-cgi/l/email-protection#abc1c6c699ebc5d9c885ccc4dd"><span class="__cf_email__" data-cfemail="016b6c6c33416f73622f666e77">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the Rules and Regulations section of this 
Federal Register.

Procedural Background

    This rule is limited to the changes contained in Amendment 5 to CoC 
No. 1025 and does not include other aspects of the NAC-MPC design. 
Because NRC considers this action noncontroversial and routine, the NRC 
is publishing this proposed rule concurrently as a direct final rule. 
Adequate protection of public health and safety continues to be 
ensured. The direct final rule will become effective on July 24, 2007. 
However, if the NRC receives significant adverse comments by June 11, 
2007, then the NRC will publish a document that withdraws the direct 
final rule and will subsequently address the comments received in a 
final rule. The NRC will not initiate a second comment period on this 
action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when--
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or TS.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

    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 part 72.

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 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. 2951, 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. 853 (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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).
    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. 
955 (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, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).

    2. In Sec.  72.214, Certificate of Compliance 1025 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1025.
    Initial Certificate Effective Date: April 10, 2000.
    Amendment Number 1 Effective Date: November 13, 2001.
    Amendment Number 2 Effective Date: May 29, 2002.
    Amendment Number 3 Effective Date: October 1, 2003.
    Amendment Number 4 Effective Date: October 27, 2004.
    Amendment Number 5 Effective Date: July 24, 2007.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose 
Canister System (NAC-MPC System).
    Docket Number: 72-1025.
    Certificate Expiration Date: April 10, 2020.
    Model Number: NAC-MPC.
* * * * *

    Dated at Rockville, Maryland, this 24th day of April, 2007.

    For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
 [FR Doc. E7-9007 Filed 5-9-07; 8:45 am]
BILLING CODE 7590-01-P


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