[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Proposed Rules]
[Pages 26310-26312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12618]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI60
[NRC-2009-0132]


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 
6

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 Holtec 
International HI-STORM 100 dry storage cask system listing within the 
``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 
6 to Certificate of Compliance (CoC) Number 1014. Amendment No. 6 would 
modify the CoC to add instrument tube tie rods used for pressurized 
water reactor 15x15 and 17x17 fuel lattices, for both intact and 
damaged fuel assemblies, to the approved contents of the MPC-24, MPC-
24E, MPC-24EF, MPC-32, and

[[Page 26311]]

MPC-32F models; and to correct legacy editorial issues in Appendices A 
and B Technical Specifications.

DATES: Comments on the proposed rule must be received on or before July 
2, 2009.

ADDRESSES: You may submit comments by any one of the following methods. 
Comments 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 any information in your submission that 
you do not want to be publicly disclosed.
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2009-0132]. Address 
questions about NRC dockets to Carol Gallagher, 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#d89bb9aab7b4f69fb9b4b4b9bfb0bdaa98b6aabbf6bfb7ae"><span class="__cf_email__" data-cfemail="4a092b382526640d2b26262b2d222f380a243829642d253c">[email protected]</span></a>.
    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#8bd9fee7eee6eae0e2e5eca5c8e4e6e6eee5fff8cbe5f9e8a5ece4fd"><span class="__cf_email__" data-cfemail="7321061f161e12181a1d145d301c1e1e161d0700331d01105d141c05">[email protected]</span></a>. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    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.
    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, Public 
File Area 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, 301-415-4737 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#e3938791cd9186908c96918086a38d9180cd848c95"><span class="__cf_email__" data-cfemail="bbcbdfc995c9dec8d4cec9d8defbd5c9d895dcd4cd">[email protected]</span></a>. An electronic copy of the proposed Certificate of 
Compliance (CoC) No. 1014, the proposed technical specifications (TS), 
and the preliminary safety evaluation report (SER) can be found under 
ADAMS Package Number ML090290140.
    The proposed CoC No. 1014, the proposed TS, the preliminary SER, 
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, 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#501a31293e357e1d33133125233c313e34103e22337e373f26"><span class="__cf_email__" data-cfemail="7238130b1c175c3f11311307011e131c16321c00115c151d04">[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#256f445c4b400b68466644505649444b41654b57460b424a53"><span class="__cf_email__" data-cfemail="a5efc4dccbc08be8c6e6c4d0d6c9c4cbc1e5cbd7c68bc2cad3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    For additional supplementary 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 No. 6 to 
CoC No. 1014 and does not include other aspects of the HI-STORM 100 
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 August 17, 
2009. However, if the NRC receives significant adverse comments on the 
direct final rule by July 2, 2009, 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 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-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.
    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.

[[Page 26312]]

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 1014 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    Initial Certificate Effective Date: May 31, 2000.
    Amendment Number 1 Effective Date: July 15, 2002.
    Amendment Number 2 Effective Date: June 7, 2005.
    Amendment Number 3 Effective Date: May 29, 2007.
    Amendment Number 4 Effective Date: January 8, 2008.
    Amendment Number 5 Effective Date: July 14, 2008.
    Amendment Number 6 Effective Date: August 17, 2009.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System.
    Docket Number: 72-1014.
    Certificate Expiration Date: June 1, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 7th day of May 2009.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-12618 Filed 6-1-09; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>