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

25120 

Vol. 75, No. 88 

Friday, May 7, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2009–0538] 

RIN 3150–AI75 

List of Approved Spent Fuel Storage 

Casks: NUHOMS® HD System Revision 

1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel storage cask 

regulations by revising the 

Transnuclear, Inc. (TN), NUHOMS® HD 

System listing within the ‘‘List of 

Approved Spent Fuel Storage Casks’’ to 

include Amendment No. 1 to Certificate 

of Compliance (CoC) Number 1030. 

Amendment No. 1 would modify the 

CoC to add Combustion Engineering 

16x16 class fuel assemblies as 

authorized contents, reduce the 

minimum off-normal ambient 

temperature from ¥20 °F to ¥21 °F, 

expand the authorized contents of the 

NUHOMS® HD System to include 

pressurized water reactor fuel 

assemblies with control components, 

reduce the minimum initial enrichment 

of fuel assemblies from 1.5 weight 

percent uranium-235 to 0.2 weight 

percent uranium-235, clarify the 

requirements of reconstituted fuel 

assemblies, add requirements to qualify 

metal matrix composite neutron 

absorbers with integral aluminum 

cladding, delete use of nitrogen for 

draining the water from the dry shielded 

canister (DSC) and allow only helium as 

a cover gas during DSC cavity water 

removal operations, and make 

corresponding changes to the technical 

specifications. 

DATES: Comments on the proposed rule 

must be received on or before June 7, 

2010. 

ADDRESSES: Please include Docket ID 

NRC–2009–0538 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

Section I, ‘‘Submitting Comments and 

Accessing Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may submit 

comments by any one of the following 

methods. 

Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0538. Address questions 

about NRC dockets to Carol Gallagher, 

telephone 301–492–3668, e-mail 

Carol.Gallager@nrc.gov. 

Mail Comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail Comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

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– 

1677). 

Fax Comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

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 

Jayne.McCausland@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. The NRC requests that any 

party soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O– 

1F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into 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’s 

PDR reference staff at 1–800–397–4209, 

or 301–415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 

Federal Rulemaking Web Site: Public 

comments and supporting materials 

related to this proposed rule can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2009– 

0538. 

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 1 to CoC No. 

1030 and does not include other aspects 

of the NUHOMS® HD System design. 

Because NRC considers this action 

noncontroversial and routine, the NRC 

is publishing this proposed rule 

concurrently as a direct final rule in the 

Rules and Regulations section of this 

Federal Register. Adequate protection 

of public health and safety continues to 

be ensured. The direct final rule will 

become effective on July 21, 2010. 

However, if the NRC receives significant 

adverse comments on the direct final 

rule by June 7, 2010, then the NRC will 

publish a document that withdraws the 

direct final rule. 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25121 

republication, the NRC will not initiate 

a second comment period on this action 

in the event the direct final rule is 

withdrawn. 

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-andcomment 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. 

For additional procedural information 

and the regulatory analysis, see the 

direct final rule published in the Rules 

and Regulations section of this Federal 

Register. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, 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; the Nuclear Waste Policy 

Act of 1982, 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 § 72.214, Certificate of 

Compliance 1030 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1030. 

Initial Certificate Effective Date: 

January 10, 2007. 

Amendment Number 1 Effective Date: 

July 21, 2010. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis 

Report for the NUHOMS® HD 

Horizontal Modular Storage System for 

Irradiated Nuclear Fuel. 

Docket Number: 72–1030. 

Certificate Expiration Date: January 

10, 2027. 

Model Number: NUHOMS® HD– 

32PTH. 

* * * * * 

Dated at Rockville, Maryland, this 19th day 

of April 2010. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2010–10674 Filed 5–6–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 430 and 431 

[Docket No. EERE–2010–BT–CE–0014] 

RIN 1904–AC23 

Revisions to Energy Efficiency 

Enforcement Regulations 

AGENCY: Office of Energy Efficiency and 

Renewable Energy and Office of the 

General Counsel, Department of Energy. 

ACTION: Request for Information (RFI); 

request for comment. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) 

intends to expand and revise its existing 

energy efficiency enforcement 

regulations for certain consumer 

products and commercial and industrial 

equipment covered under the Energy 

Policy and Conservation Act of 1975, as 

amended (EPCA or the ‘‘Act’’). These 

regulations provide for manufacturer 

submission of compliance statements 

and certification reports to DOE, 

maintenance of compliance records by 

manufacturers, and the availability of 

enforcement actions for improper 

certification or upon a determination of 

noncompliance. To facilitate this 

process and to allow interested parties 

to provide suggestions, comments, and 

information, DOE is publishing this 

request for information. This request 

identifies several areas on which DOE is 

particularly interested in receiving 

information; however, any input and 

suggestions considered relevant to the 

topic are welcome. 

DATES: Written comments and 

information are requested on or before 

June 7, 2010. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2010–BT–CE–0014, by 

any of the following methods: 

• E-mail: to 

EnforcementRFI@hq.DOE.gov. Include 

EERE–2010–BT–CE–0014 in the subject 

line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Revisions to Energy Efficiency 

Enforcement Regulations, EERE–2010– 

BT–CE–0014, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS