[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27469-27470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13578]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2009-0162]
RIN 3150-AI62


List of Approved Spent Fuel Storage Casks: Standardized NUHOMS 
[supreg] System Revision 10

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage cask regulations by revising the 
Transnuclear, Inc. (TN), Standardized NUHOMS [supreg] System listing 
within the ``List of Approved Spent Fuel Storage Casks'' to include 
Amendment No. 10 to Certificate of Compliance (CoC) Number 1004. 
Amendment No. 10 would modify the CoC to add a dry shielded canister 
(DSC) designated the NUHOMS [supreg]-61BTH DSC, add a dry shielded 
canister designated the NUHOMS [supreg]-32PTH1 DSC, add an alternate 
high-seismic option of the horizontal storage module (HSM) for storing 
the 32PTH1 DSC, allow storage of Westinghouse 15x15 Partial Length 
Shield Assemblies in the NUHOMS [supreg]-24PTH DSC, allow storage of 
control components in the NUHOMS [supreg]-32PT DSC, and add a new 
Technical Specification, which applies to Independent Spent Fuel 
Storage Installation sites located in a coastal marine environment, 
that any load bearing carbon steel component which is part of the HSM 
must contain at least 0.20 percent copper as an alloy addition.

DATES: Comments on the proposed rule must be received on or before July 
10, 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-2009-0162]. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
<a href="/cdn-cgi/l/email-protection#d695b7a4b9baf891b7babab7b1beb3a496b8a4b5f8b1b9a0"><span class="__cf_email__" data-cfemail="82c1e3f0edeeacc5e3eeeee3e5eae7f0c2ecf0e1ace5edf4">[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#dd8fa8b1b8b0bcb6b4b3baf39eb2b0b0b8b3a9ae9db3afbef3bab2ab"><span class="__cf_email__" data-cfemail="bfedcad3dad2ded4d6d1d891fcd0d2d2dad1cbccffd1cddc91d8d0c9">[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 am and 4:15 pm 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 O1-F21, 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#651501174b1700160a10170600250b17064b020a13"><span class="__cf_email__" data-cfemail="cbbbafb9e5b9aeb8a4beb9a8ae8ba5b9a8e5aca4bd">[email protected]</span></a>. An electronic copy of the proposed CoC No. 1004, 
the proposed technical specifications (TS), and the preliminary safety 
evaluation report (SER) can be found under ADAMS Package Number 
ML090400180.
    The proposed CoC No. 1004, 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#155f746c7b703b58765674606679747b71557b67763b727a63"><span class="__cf_email__" data-cfemail="1f557e66717a31527c5c7e6a6c737e717b5f716d7c31787069">[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#773d160e1912593a14341602041b1619133719051459101801"><span class="__cf_email__" data-cfemail="fbb19a82959ed5b698b89a8e88979a959fbb958998d59c948d">[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. 10 
to CoC No. 1004 and does not include other aspects of the Standardized 
NUHOMS [supreg] 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 August 24, 2009. However, if the NRC receives significant 
adverse comments on the direct final rule by July 10, 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

[[Page 27470]]

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, Public Law 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); 
Public Law 95-601, sec. 10, 92 Stat. 2951 as amended by Public Law 
102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, 
Public Law -190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 
135, 137, 141, Public Law 97-425, 96 Stat. 2229, 2230, 2232, 2241, 
sec. 148, Public Law 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), Public Law 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), 
Public Law 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, Public Law 97-425, 96 Stat. 
2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 
145(g), Public Law 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), Public Law 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 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.
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.
Amendment Number 9 Effective Date: April 17, 2007
Amendment Number 10 Effective Date: August 24, 2009.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized NUHOMS 
[supreg] Horizontal Modular Storage System for Irradiated Nuclear Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Model Number: NUHOMS [supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
52B, -61BT, and -61BTH.
* * * * *

    Dated at Rockville, Maryland, this 28th day of May, 2009.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-13578 Filed 6-9-09; 8:45 am]
BILLING CODE 7590-01-P


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