31364 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules

dozen cases of all shell eggs handled in

the plant per billing period multiplied

by $0.040, except that the minimum

charge per billing period shall be $225

and the maximum charge shall be

$2,500. The minimum charge also

applies where an approved application

is in effect and no product is handled.

* * * * *

5. In § 56.54, paragraph (a)(2) is

revised to read as follows:

§ 56.54 Charges for continuous grading

performed on a nonresident basis.

* * * * *

(a) * * *

(2) An administrative service charge

equal to 25 percent of the grader’s total

salary costs. A minimum charge of $250

will be made each billing period. The

minimum charge also applies where an

approved application is in effect and no

product is handled.

* * * * *

PART 70—VOLUNTARY GRADING OF

POULTRY PRODUCTS AND RABBIT

PRODUCTS

6. The authority citation for part 70

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

7. Section 70.71 is revised to read as

follows:

§ 70.71 On a fee basis.

(a) Unless otherwise provided in this

part, the fees to be charged and

collected for any service performed, in

accordance with this part, on a fee basis

shall be based on the applicable rates

specified in this section.

(b) Fees for grading services will be

based on the time required to perform

such services for class, quality, quantity

(weight test), or condition, whether

ready-to-cook poultry, ready-to-cook

rabbits, or specified poultry food

products are involved. The hourly

charge shall be $44.80 and shall include

the time actually required to perform

the work, waiting time, travel time, and

any clerical costs involved in issuing a

certificate.

(c) Grading services rendered on

Saturdays, Sundays, or legal holidays

shall be charged for at the rate of $51.60

per hour. Information on legal holidays

is available from the Supervisor.

8. Section 70.72 is revised to read as

follows:

§ 70.72 Fees for appeal grading, laboratory

analysis, or examination or review of a

grader’s decision.

The costs of an appeal grading,

laboratory analysis, or examination or

review of a grader’s decision, will be

borne by the appellant on a fee basis at

rates set forth in § 70.71, plus any travel

and additional expenses. If the appeal

grading, laboratory analysis, or

examination or review of a grader’s

decision discloses that a material error

was made in the original determination,

no fee or expenses will be charged.

9. In § 70.76, paragraph (a)(2) is

revised to read as follows:

§ 70.76 Charges for continuous poultry

grading performed on a nonresident basis.

* * * * *

(a) * * *

(2) An administrative service charge

equal to 25 percent of the grader’s total

salary costs. A minimum charge of $250

will be made each billing period. The

minimum charge also applies where an

approved application is in effect and no

product is handled.

* * * * *

10. In § 70.77, paragraphs (a)(4) and

(a)(5) are revised to read as follows:

§ 70.77 Charges for continuous poultry or

rabbit grading performed on a resident

basis.

* * * * *

(a) * * *

(4) For poultry grading: An

administrative service charge based

upon the aggregate weight of the total

volume of all live and ready-to-cook

poultry handled in the plant per billing

period computed in accordance with the

following: Total pounds per billing

period multiplied by $0.00034, except

that the minimum charge per billing

period shall be $225 and the maximum

charge shall be $2,500. The minimum

charge also applies where an approved

application is in effect and no product

is handled.

(5) For rabbit grading: An

administrative service charge equal to

25 percent of the grader’s total salary

costs. A minimum charge of $250 will

be made each billing period. The

minimum charge also applies where an

approved application is in effect and no

product is handled.

* * * * *

Dated: June 3, 1998.

Enrique E. Figueroa,

Administrator, Agricultural Marketing

Service.

[FR Doc. 98–15205 Filed 6–8–98; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 72

RIN 3150–AF80

Miscellaneous Changes to Licensing

Requirements for the Independent

Storage of Spent Nuclear Fuel and

High-Level Radioactive Waste

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission is proposing to amend its

regulations to correct several

inconsistencies and to clarify certain

sections of the regulations. The

amendments would differentiate the

requirements for the storage of spent

fuel under wet and dry conditions,

clarify requirements for the content and

submission of various reports, and

specify that quality assurance (QA)

records must be maintained as

permanent records.

DATES: The comment period expires

August 24, 1998. Comments received

after this date will be considered if it is

practical to do so, but the Commission

is able to ensure consideration only for

comments received on or before this

date.

ADDRESSES: Comments may be sent 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 web

site through the NRC home page

(http://www.nrc.gov). This site provides

the availability 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–

6215; 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 interactive rulemaking website

established by NRC for this rulemaking.

FOR FURTHER INFORMATION CONTACT: M.

L. Au, Office of Nuclear Material Safety

and Safeguards, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, telephone (301) 415–6181, e-mail

mla@nrc.gov.
Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules 31365

SUPPLEMENTARY INFORMATION:

Background

The Commission’s licensing

requirements for the independent

storage of spent nuclear fuel and highlevel radioactive waste are codified in

10 CFR Part 72. The NRC experience in

applying Part 72 has indicated that

certain additions and clarifications to

the regulations are necessary. This

proposed rule would make eight

miscellaneous changes to 10 CFR Part

72. These changes would ensure that

necessary information is included in

reports and that Quality Assurance

records are maintained permanently

when identified with activities and

items important to safety. These reports

and records are needed to facilitate NRC

inspection to verify compliance with

regulatory reporting requirements to

ensure the protection of public health

and safety, and the environment.

Discussion of Proposed Amendments

1. Modify §§ 72.1 and 72.2 to include

spent fuel storage cask and remove the

superseded information.

The purpose (§ 72.1) and scope

(§ 72.2) were not modified when the

Commission amended Part 72 on July

18, 1990 (55 FR 29181) to include a

process for providing a general license

to a reactor licensee to store spent fuel

in an independent spent fuel storage

installation (ISFSI) at power reactor

sites (Subpart K) and a process for the

approval of spent fuel storage casks

(Subpart L). Although the language in

these sections may be read to include

the general license provisions of

Subpart K, the approval process for

spent fuel storage casks in Subpart L is

not referenced. This rulemaking would

make the purpose and scope sections

complete by specifically referencing the

Subpart L cask approval process. This

rulemaking also would remove

information in the purpose and scope

sections regarding the Federal interim

storage program since the time for its

implementation has expired (61 FR

35935; July 9, 1996).

2. Change the requirement for making

initial and written reports in §§ 72.4 and

72.216.

This change would be made to § 72.4

to provide that, except where otherwise

specified, all communications and

reports are to be addressed to NRC’s

Document Control Desk (DCD) rather

than to the Director, Office of Nuclear

Material Safety and Safeguards (NMSS).

Three current regulations govern the

submission of written reports under Part

72 (§§ 72.75, 72.216(b), and

50.72(b)(2)(vii)(B) that is referenced in

§ 72.216(a)). Under § 72.75(d)(2) a report

is sent to the DCD. However

§§ 50.72(b)(2)(vii)(B) and 72.216(b)

indicate that the report be sent as

instructed in § 72.4, to the Director,

NMSS. To achieve consistency, § 72.4 is

being revised to instruct that reports be

sent to the DCD. Licensing

correspondence forwarded to the NRC’s

DCD would ensure proper docketing

and distribution. Also, § 72.216(c) is

being changed to correct an error. The

current regulation references

§§ 72.75(a)(2) and (3); the reference

should be revised to §§ 72.75(b)(2) and

(3).

3. Change the requirement for

submittal of dry cask storage effluent

report in § 72.44.

Currently, § 72.44(d)(3) requires that a

dry cask storage effluent report be

submitted to the appropriate NRC

regional office within the first 60 days

of each year. Section 50.36a(a)(2)

requires that a similar report be

submitted to the Commission once each

year specifying liquid and gaseous

effluents from reactor operations.

The proposed revision would permit

reactor licensees to submit their dry

cask storage effluent report to the NRC

once each year at the same time as the

effluent report from reactor operations.

The time between submission of these

reports would be no longer than 12

months. However, after the effective

date of the final rule, the licensee may

submit the first report for a shorter

period of time to get on the same

reporting schedule as the annual reactor

effluent report.

4. Clarify the reporting requirements

for specific events and conditions in

§ 72.75.

Section 72.75 contains reporting

requirements for specific events and

conditions, including the requirement

in § 72.75(d)(2) for a follow-up written

report for certain types of emergency

and non-emergency notifications. The

proposed rule would clarify the specific

information required to meet the intent

of the existing reporting requirement. A

comparable reporting requirement

already exists for similar reactor type

events in § 50.73(b). The proposed rule

would incorporate the format and

content outlined in § 50.73(b) into

§ 72.75(d)(2) to clearly inform licensees

of the information necessary for the

NRC staff’s review. Since the reporting

requirement already exists, no

significant increase in the licensee’s

reporting burden will occur by

clarifying the format and content.

5. Clarify the requirement for

capability for continuous monitoring of

confinement storage systems in

§ 72.122(h)(4).

Currently, § 72.122(h)(4) requires the

capability for continuous monitoring of

storage confinement systems. The

meaning of ‘‘continuous’’ is open to

interpretation and does not differentiate

between monitoring requirements for

wet and dry storage of spent fuel. Wet

storage requires active heat removal

systems that involve a monitoring that

is ‘‘continuous’’ in the sense of

uninterrupted. Because of the passive

nature of dry storage, active heat

removal systems are not needed and

monitoring can be less frequent. This

proposed rule would clarify that the

frequency of monitoring can be different

for wet and dry storage systems. As part

of the NRC approval process, the

periodicity of monitoring is specified in

the Certificate of Compliance.

6. Clarify the requirement specifying

instrument and control systems for

monitoring dry spent fuel storage in

§ 72.122(i).

Section 72.122(i) requires that

instrumentation and control systems be

provided to monitor systems important

to safety but does not distinguish

between wet and dry storage systems.

For wet storage, systems are required to

monitor and control heat removal. For

dry storage, passive heat removal is

used and a control system is not

required. This proposed change would

clarify that control systems are not

needed for dry storage systems.

7. Clarify the requirement for dry

spent fuel storage cask on methods of

criticality control in § 72.124(b).

Section 72.124(b) requires specific

methods for criticality control,

including the requirement that where

solid neutron absorbing materials are

used, the design must provide for

positive means to verify their continued

efficacy. This requirement is

appropriate for wet spent fuel storage

systems but not for dry spent fuel

storage systems. The potentially

corrosive environment under wet

storage conditions is not present in dry

storage systems because an inert

environment is maintained. Under these

conditions, there is no mechanism to

significantly degrade the neutron

absorbing materials. In addition, the dry

spent fuel storage casks are sealed and

it is not practical to penetrate the

integrity of the cask to make the

measurements for verifying the efficacy

of neutron absorbing materials. This

proposed rule would clarify that

positive means for verifying the

continued efficacy of solid neutron

absorbing materials are not required for

dry storage systems, where the efficacy

is demonstrated at the outset.

8. Clarify the requirements in

§ 72.140(d) concerning the previously
31366 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules

approved quality assurance program in

conformance with Appendix B of 10

CFR Part 50.

Section 72.174 specifies that quality

assurance (QA) records must be

maintained by or under the control of

the licensee until the Commission

terminates the license. However,

§ 72.140(d) allows a holder of a Part 50

license to use its approved Part 50,

Appendix B, QA program in place of the

Part 72 QA requirements, including the

requirement for QA records. Appendix

B allows the licensee to determine what

records will be considered permanent

records, using Regulatory Guide 1.28.

Thus, Part 50 licensees using an

Appendix B, QA program could choose

not to make permanent all records

generated in support of Part 72

activities. This proposed rule would

require these licensees to follow the Part

72 requirement to maintain QA records

until termination of the license.

Environmental Impact: Categorical

Exclusion

The NRC has determined that Items 1,

5, 6, and 7 of the proposed rule are the

types of action described as a categorical

exclusion in 10 CFR 51.22(c)(2) and

Items 2, 3, 4 and 8 of the proposed rule

are the types of action described as a

categorical exclusion in 10 CFR

51.22(c)(3). Therefore, neither an

environmental impact statement nor an

environmental assessment has been

prepared for this proposed regulation.

Paperwork Reduction Act Statement

Proposed Rule Containing Insignificant

Information Collections

This proposed rule increases the

burden on licensees by increasing the

record retention period to life of license

in 72.140(d). The public burden for this

information collection is estimated to

average 38 hours per request. Because

the burden for this information

collection is insignificant, Office of

Management and Budget (OMB)

clearance is not required. Existing

requirements were approved by the

Office of Management and Budget,

approval number 3150–0132.

Public Protection Notification

If 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.

Send comments on any aspect of this

proposed information collection,

including suggestions for reducing the

burden, to the Records Management

Branch (T–6 F33), 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 9, 1998.

Comments received after this will be

considered if it is practical to do so, but

assurance of consideration cannot be

given to comments received after this

date.

Regulatory Analysis

The NRC has prepared a regulatory

analysis on this regulation. The analysis

examines the costs and benefits of the

alternatives considered by the NRC and

concludes that the proposed rule results

in an incremental improvement in

public health and safety that outweighs

the small incremental cost associated

with this proposed change. The analysis

is available for inspection in the NRC

Public Document Room, 2120 L Street,

NW (Lower Level), Washington. Single

copies of the analysis may be obtained

from M. L. Au, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, telephone

(301) 415–6181.

Regulatory Flexibility Certification

In accordance with the Regulatory

Flexibility Act of 1980 as amended 5

U.S.C. 605(b) the Commission certifies

that this proposed rule will not, if

adopted, have a significant economic

impact on a substantial number of small

entities. This proposed rule would affect

only the operators of independent spent

fuel storage installation (ISFSI). These

companies do not fall within the scope

of the definition of ‘‘small entities’’ set

forth in the Regulatory Flexibility Act or

the Small Business Size Standards set

out in regulations issued by the Small

Business Administration at 13 CFR Part

121.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 72.62, does not

apply to this rule, because these

amendments do not involve any

provisions that would impose backfits

as defined in 10 CFR 72.62(a).

Therefore, a backfit analysis is not

required for this proposed rule.

List of Subjects in 10 CFR Part 72

Manpower training programs, Nuclear

materials, Occupational safety and

health, Reporting and recordkeeping

requirements, Security measures, Spent

fuel.

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 AND HIGH-LEVEL

RADIOACTIVE 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).

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, 2224 (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. 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 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
Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules 31367

power reactor spent fuel, high-level

radioactive waste, and other radioactive

materials associated with the spent fuel

and high-level radioactive waste storage,

in a monitored retrievable storage

installation (MRS). Furthermore, the

regulations in this part also establish

requirements, procedures, and criteria

for the issuance of Certificates of

Compliance approving spent fuel

storage casks.

3. In § 72.2, paragraph (e) is removed,

paragraph (f) is redesignated as

paragraph (e), and a new paragraph (f)

is added to read as follows:

§ 72.2 Scope.

* * * * *

(f) Certificates of Compliance

approving the use of spent fuel storage

casks shall be issued in accordance with

the requirements of this part as stated in

§ 72.236.

4. Section 72.4 is revised to read as

follows:

§ 72.4 Communications.

Except where otherwise specified, all

communications and reports concerning

the regulations in this part and

applications filed under them should be

addressed to the U.S. Nuclear

Regulatory Commission, ATTN:

Document Control Desk, Washington,

DC 20555–0001.

5. In § 72.44, paragraph (d)(3) is

revised to read as follows:

§ 72.44 License conditions.

* * * * *

(d) * * *

(3) An annual report be submitted to

the U.S. Nuclear Regulatory

Commission, ATTN: Document Control

Desk, Washington, DC 20555–0001,

specifying the quantity of each of the

principal radionuclides released to the

environment in liquid and in gaseous

effluents during the previous 12 months

of operation and such other information

as may be required by the Commission

to estimate maximum potential

radiation dose commitment to the

public resulting from effluent releases.

On the basis of this report and any

additional information that the

Commission may obtain from the

licensee or others, the Commission may

from time to time require the licensee to

take such action as the Commission

deems appropriate. The time between

submission of reports must be no longer

than 12 months.

* * * * *

6. In § 72.75, paragraph (d)(2) is

revised, and paragraphs (d)(3), (d)(4),

(d)(5), (d)(6) and (d)(7) are added to read

as follows:

§ 72.75 Reporting requirements for

specific events and conditions.

* * * * *

(d) * * *

(2) Written report. Each licensee who

makes an initial report required by

paragraph (a) or (b) of this section shall

submit a written follow-up report

within 30 days of the initial report.

Written reports prepared pursuant to

other regulations may be submitted to

fulfill this requirement if the reports

contain all the necessary information

and the appropriate distribution is

made. These written reports must be

sent to the U.S. Nuclear Regulatory

Commission, ATTN: Document Control

Desk, Washington, DC 20555–0001.

These reports must include the

following:

(i) A brief abstract describing the

major occurrences during the event,

including all component or system

failures that contributed to the event

and significant corrective action taken

or planned to prevent recurrence;

(ii) A clear, specific, narrative

description of what occurred so that

knowledgeable readers conversant with

the design of ISFSI or MRS, but not

familiar with the details of a particular

facility, can understand the complete

event; and the narrative description

must include the following specific

information as appropriate for the

particular event:

(A) ISFSI or MRS operating

conditions before the event;

(B) Status of structures, components,

or systems that were inoperable at the

start of the event and that contributed to

the event;

(C) Dates and approximate times of

occurrences;

(D) The cause of each component or

system failure or personnel error, if

known;

(E) The failure mode, mechanism, and

effect of each failed component, if

known;

(F) A list of systems or secondary

functions that were also affected for

failures of components with multiple

functions;

(G) For wet spent fuel systems storage

only, after failure that rendered a train

of a safety system inoperable, an

estimate of the elapsed time from the

discovery of the failure until the train

was returned to service;

(H) The method of discovery of each

component or system failure or

procedural error;

(I)(1) Operator actions that affected

the course of the event, including

operator errors, procedural deficiencies,

or both, that contributed to the event;

(2) For each personnel error, the

licensee shall discuss:

(i) Whether the error was a cognitive

error (e.g., failure to recognize the actual

facility condition, failure to realize

which systems should be functioning,

failure to recognize the true nature of

the event) or a procedural error;

(ii) Whether the error was contrary to

an approved procedure, was a direct

result of an error in an approved

procedure, or was associated with an

activity or task that was not covered by

an approved procedure;

(iii) Any unusual characteristics of the

work location (e.g., heat, noise) that

directly contributed to the error; and

(iv) The type of personnel involved

(e.g., contractor personnel, utilitylicensed operator, utility nonlicensed

operator, other utility personnel);

(J) Automatically and manually

initiated safety system responses (wet

spent fuel storage systems only);

(K) The manufacturer and model

number (or other identification) of each

component that failed during the event;

(L) The quantities and chemical and

physical forms of the spent fuel or HLW

involved;

(3) An assessment of the safety

consequences and implications of the

event. This assessment must include the

availability of other systems or

components that could have performed

the same function as the components

and systems that failed during the event;

(4) A description of any corrective

actions planned as a result of the event,

including those to reduce the

probability of similar events occurring

in the future;

(5) Reference to any previous similar

events at the same plant that are known

to the licensee;

(6) The name and telephone number

of a person within the licensee’s

organization who is knowledgeable

about the event and can provide

additional information concerning the

event and the plant’s characteristics;

(7) The extent of exposure of

individuals to radiation or to radioactive

materials without identification of

individuals by name.

7. In § 72.122, paragraphs (h)(4) and

(i) are revised to read as follows:

§ 72.122 Overall Requirements.

* * * * *

(h) * * *

(4) Storage confinement systems must

have the capability for continuous

monitoring in a manner such that the

licensee will be able to determine when

corrective action needs to be taken to

maintain safe storage conditions. For

dry storage, periodic monitoring is

sufficient provided that periodic

monitoring is consistent with the cask

design requirements. The monitoring
31368 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Proposed Rules

period must be based upon the cask

design requirements.

* * * * *

(i) Instrumentation and control

systems. Instrumentation and control

systems for wet spent fuel 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 spent fuel storage casks

must be provided in accordance with

cask design requirements to monitor

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.

* * * * *

8. In § 72.124, paragraph (b) is revised

to read as follows:

§ 72.124 Criteria for nuclear criticality

safety.

* * * * *

(b) Methods of criticality control.

When practicable the design of an ISFSI

or MRS must be based on favorable

geometry, permanently fixed neutron

absorbing materials (poisons), or both.

Where solid neutron absorbing materials

are used, the design must provide for

positive means of verifying their

continued efficacy. For dry spent fuel

storage systems, the continued efficacy

may be confirmed by a demonstration

and analysis before use, showing that

significant degradation of the neutron

absorbing materials cannot occur over

the life of the facility.

* * * * *

9. In § 72.140, paragraph (d) is revised

to read as follows:

§ 72.140 Quality assurance requirements.

* * * * *

(d) Previously approved programs. A

Commission-approved quality assurance

program which satisfies the applicable

criteria of Appendix B to Part 50 of this

chapter and which is established,

maintained, and executed with regard to

an ISFSI will be accepted as satisfying

the requirements of paragraph (b) of this

section except that a licensee using an

Appendix B quality assurance program

also shall meet the requirement of

§ 72.174 for recordkeeping. Prior to

initial use, the licensee shall notify the

Director, Office of Nuclear Material

Safety and Safeguards, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, of its intent to apply its

previously approved Appendix B

program to ISFSI activities. The licensee

shall identify the program by date of

submittal to the Commission, docket

number, and date of Commission

approval.

10. In § 72.216, paragraph (c) is

revised to read as follows:

§ 72.216 Reports.

* * * * *

(c) The general licensee shall make

initial and written reports in accordance

with §§ 72.74 and 72.75, except for the

events specified by § 72.75(b)(2) and (3)

for which the initial reports will be

made under paragraph (a) of this

section.

Dated at Rockville, Maryland, this 3rd day

of June, 1998.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 98–15265 Filed 6–8–98; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–02–AD]

RIN 2120–AA64

Airworthiness Directives; Alexander

Schleicher

Segelflugzeugbau Models K 8 and K 8

B Sailplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to all Alexander

Schleicher Segelflugzeugbau (Alexander

Schleicher) Models K 8 and K 8 B

sailplanes. The proposed AD would

require inspecting the canopy hood lock

assembly to assure that the height of the

cam is at least 2 millimeters (mm), and

modifying or replacing any canopy hood

lock assembly where the cam is less

than 2 mm in height. The proposed AD

is the result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

Germany. The actions specified by the

proposed AD are intended to prevent

the canopy from coming open in flight

because the height of the locking cam is

less than 2 mm, which could result in

loss of the canopy with consequent pilot

injury.

DATES: Comments must be received on

or before July 13, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 98–CE–02–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Alexander Schleicher Segelflugzeugbau,

6416 Poppenhausen, Wasserkuppe,

Federal Republic of Germany. This

information also may be examined at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT:

Mike Kiesov, Project Officer, Sailplanes/

Gliders, FAA, Small Airplane

Directorate, Aircraft Certification

Service, 1201 Walnut, suite 900, Kansas

City, Missouri 64106; telephone: (816)

426–6934; facsimile: (816) 426–2169.

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

should 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 proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 98–CE–02–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the