Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

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###### Nuclear Regulatory Commission

          - 10 CFR Part 72 
          - RIN 3150-AH77 

# AGENCY:

Nuclear Regulatory Commission. 

# ACTION:

Proposed rule. 

# SUMMARY:

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the Transnuclear, Inc., Standardized NUHOMS® System listing within the “List of approved spent fuel storage casks” to include Amendment No. 8 to Certificate of Compliance Number (CoC No.) 1004. Amendment No. 8 to the Standardized NUHOMS® System CoC would add a new spent fuel storage and transfer system, designated the NUHOMS®-24PTH System, and modify the NUHOMS®-32PT and -24PHB dry shielded canister designs. 

# DATES:

Comments on the proposed rule must be received on or before October 20, 2005. 

# ADDRESSES:

You may submit comments by any one of the following methods. Please include the following number (RIN 3150-AH77) 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 comments 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:                         *SECY@nrc.gov.*                         If you do not receive a reply e-mail confirming that we have received your                               ( print page 55037)                            comments, contact us directly at (301) 415-1966. You may also submit comments via the NRC's rulemaking Web site at                         *http://ruleforum.llnl.gov.*                         Address questions about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail                         *cag@nrc.gov*. 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                         *pdr@nrc.gov.*                         An electronic copy of the proposed CoC, Technical Specifications (TS), and preliminary safety evaluation report (SER) can be found under ADAMS Package Accession No. ML051610554.                     

# FOR FURTHER INFORMATION CONTACT:

                        Jayne M. McCausland, telephone (301) 415-6219, e-mail,                         *jmm2@nrc.gov*                         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 

                    On May 25, 2005, a direct final rule (70 FR 29931) and companion proposed rule (70 FR 30015) were published in the                     **Federal Register**                    , to revise the cask system listing for the Transnuclear, Inc. (TN) Standardized NUHOMS® System, by adding Amendment No. 8 to the list of approved spent fuel storage casks in 10 CFR 72.214. After the rules were published, staff became aware of needed changes in the TS associated with the CoC, and on July 15, 2005, the NRC withdrew the direct final rule (70 FR 40879) and the proposed rule (70 FR 40924). This rule includes the original Amendment No. 8 changes, revised TS 1.2.17c and 1.2.18, Table 1-1l, and additional changes, as discussed in the direct final rule. These additional changes were originally to be addressed as a subsequent amendment. However, the withdrawal of the May 25, 2005, package allowed the staff to combine this information into Amendment 8. This results in a more effective and efficient use of resources.                 

This rule is limited to the changes contained in Amendment No. 8 to CoC No. 1004 and does not include other aspects of the Standardized NUHOMS® System cask design. The NRC is using the “direct final rule procedure” to issue 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. The direct final rule will become effective on December 5, 2005. However, if the NRC receives significant adverse comments by October 20, 2005, 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, in a substantive response: 

(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 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). 

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. In § 72.214, Certificate of Compliance 1004 is revised to read as follows: 

      ( print page 55038)    
§ 72.214 

* * * * *

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. 

Amendment Number 4 Effective Date: February 12, 2002. 

Amendment Number 5 Effective Date: January 7, 2004. 

Amendment Number 6 Effective Date: December 22, 2003. 

Amendment Number 7 Effective Date: March 2, 2004. 

Amendment Number 8 Effective Date: December 5, 2005. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis Report for the Standardized NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel. 

Docket Number: 72-1004. 

Certificate Expiration Date: January 23, 2015. 

Model Number: NUHOMS®-24P, -52B, -61BT, -32PT, -24PHB, and -24PTH. 

* * * * *

Dated at Rockville, Maryland, this 1st day of September, 2005.

For the Nuclear Regulatory Commission. 

Luis A. Reyes,

Executive Director for Operations. 

[FR Doc. 05-18663 Filed 9-19-05; 8:45 am] 

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