[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Proposed Rules]
[Pages 34588-34589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16391]



[[Page 34588]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG75


List of Approved Spent Fuel Storage Casks: Standardized 
NUHOMS<Register> -24P and -52B Revision

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 Standardized NUHOMS<Register> -24P and -
52B cask system listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 3 to the Certificate of 
Compliance. Amendment No. 3 would modify the present cask system design 
to permit a licensee to add the -61BT dry storage canister (DSC), the 
storage portion of a dual purpose cask design intended to both store 
and transport spent fuel. The Technical Specifications would be revised 
to add additional fuel parameters associated with the use of the -61BT 
DSC. Additional administrative changes would be made to the conditions 
of the CoC. However, the NRC is disapproving a portion of the 
applicant's request pertaining to storage of failed fuel.

DATES: Comments on the proposed rule must be received on or before July 
30, 2001.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, MD, between 
7:30 a.m. and 4:15 p.m. on Federal workdays.
    Certain documents related to this rulemaking, as well as all public 
comments received on this rulemaking, may be viewed and downloaded 
electronically via the NRC's rulemaking website at http://ruleforum.llnl.gov. You may also provide comments via this website by 
uploading 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 <a href="/cdn-cgi/l/email-protection#d390929493bda1b0fdb4bca5"><span class="__cf_email__" data-cfemail="8dcecccacde3ffeea3eae2fb">[email protected]</span></a>.
    Certain documents related to this rule, including comments received 
by the NRC, may be examined at the NRC Public Document Room, 11555 
Rockville Pike, Rockville, MD. For more information, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by email to <a href="/cdn-cgi/l/email-protection#35455147755b47561b525a43"><span class="__cf_email__" data-cfemail="2d5d495f6d435f4e034a425b">[email protected]</span></a>.
    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 Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. An electronic copy of the 
proposed CoC and preliminary safety evaluation report (SER) can be 
found under ADAMS Accession No. ML010720508. 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-
47237 or by e-mail to <a href="/cdn-cgi/l/email-protection#39495d4b79574b5a175e564f"><span class="__cf_email__" data-cfemail="2e5e4a5c6e405c4d00494158">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, telephone (301) 415-
6195, e-mail, <a href="/cdn-cgi/l/email-protection#99dedcdea8d9f7ebfab7fef6ef"><span class="__cf_email__" data-cfemail="0c4b494b3d4c627e6f226b637a">[email protected]</span></a> of the Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

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

Procedural Background

    This rule is limited to the changes contained in Amendment 3 to CoC 
No. 1004 and does not include other aspects of the Standardized 
NUHOMS<Register> -24P and -52B cask system design. The NRC is using the 
``direct final rule procedure'' to promulgate this amendment because it 
represents a limited and routine change to an existing CoC that is 
expected to be noncontroversial. Adequate protection of public health 
and safety continues to be ensured. This amendment is not considered to 
be a significant amendment by the NRC staff.
    Because NRC considers this action noncontroversial and routine, we 
are publishing this proposed rule concurrently with a direct final 
rule. The direct final rule will become effective on September 12, 
2001. However, if the NRC receives significant adverse comments on the 
direct final rule by July 30, 2001, the NRC will publish a document to 
withdraw the direct final rule. 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. If 
the direct final rule is withdrawn, the NRC will address the comments 
received in response to the proposed revisions in a subsequent final 
rule. Absent significant modifications to the proposed revisions 
requiring republication, the NRC will not initiate a second comment 
period for this action if the direct final rule is withdrawn.

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 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. 10d--
48b, sec. 7902, 10b Stat. 31b3 (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, 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).


[[Page 34589]]


    2. In Sec. 72.214, Certificate of Compliance (CoC) 1004 is revised 
to read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995.
    Amendment Number 1 Effective Date: April 27, 2000.
    Amendment Number 2 Effective Date: September 5, 2000.
    Amendment Number 3 Effective Date: September 12, 2001.
    SAR Submitted by: Transnuclear West, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS<Register> Horizontal Modular Storage System for Irradiated 
Nuclear Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Model Number: Standardized NUHOMS<Register> -24P, NUHOMS<Register> 
-52B, and NUHOMS<Register> -61BT.
* * * * *

    Dated at Rockville, Maryland, this 15th day of June, 2001.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-16391 Filed 6-28-01; 8:45 am]
BILLING CODE 7590-01-P


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