Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 27469 

Unit Number of 

members 

Delaware ................................... 1 

Texas ........................................ 1 

Oklahoma ................................. 1 

New York .................................. 1 

Unit Number of 

members 

Eastern Region: 

(Florida, Massachusetts, New 

Jersey,Connecticut, Florida, Rhode Island, 

Vermont, New Hampshire, 

Maine, West Virginia, District of Columbia, and 

Puerto Rico ........................ 1 

Western Region: 

(Montana, Wyoming, Colorado, New Mexico, Idaho, 

Utah, Arizona, Washington, 

Oregon, Nevada, California, Hawaii, and Alaska) 1 

* * * * * 

Dated: June 3, 2009. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–13533 Filed 6–9–09; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2009–0162] 

RIN 3150–AI62 

List of Approved Spent Fuel Storage 

Casks: Standardized NUHOMS ®

System Revision 10 

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), Standardized 

NUHOMS ® 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 ®– 

61BTH DSC, add a dry shielded canister 

designated the NUHOMS ®–32PTH1 

DSC, add an alternate high-seismic 

option of the horizontal storage module 

(HSM) for storing the 32PTH1 DSC, 

allow storage of Westinghouse 15×15 

Partial Length Shield Assemblies in the 

NUHOMS ®–24PTH DSC, allow storage 

of control components in the 

NUHOMS ®–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 

Carol.Gallagher@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 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 

pdr.resource@nrc.gov. 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 

Jayne.McCausland@nrc.gov. 

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: 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 ®

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 


erowe on PROD1PC63 with PROPOSALS-1
27470 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 

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, 

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 § 72.214, Certificate of 

Compliance 1004 is revised to read as 

follows: 

§ 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 ®

Horizontal Modular Storage System 

for Irradiated Nuclear Fuel. 

Docket Number: 72–1004. 

Certificate Expiration Date: January 23, 

2015. 

Model Number: NUHOMS ®–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 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1212 

RIN 2590–AA19 

Post-Employment Restriction for 

Senior Examiners 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) proposes to issue a 

regulation that cross-references the 

Supplemental Standards of Ethical 

Conduct for Employees of FHFA and 

that sets forth post-employment 

restrictions for senior examiners of 

FHFA pursuant to 12 U.S.C. 4517(e). 

DATES: Comments regarding the Notice 

of Proposed Rulemaking must be 

received on or before July 27, 2009. For 

additional information, see 

SUPPLEMENTARY INFORMATION. 

ADDRESSES: You may submit your 

comments on the proposed rulemaking, 

identified by ‘‘RIN 2590–AA19,’’ by any 

of the following methods: 

• U.S. Mail, United Parcel Service, 

Federal Express, or Other Mail Service: 

The mailing address for comments is: 

Alfred M. Pollard, General Counsel, 

Attention: Comments/RIN 2590–AA19, 

Federal Housing Finance Agency, 

Fourth Floor, 1700 G Street, NW., 

Washington, DC 20552. 

• Hand Delivered/Courier: The hand 

delivery address is: Alfred M. Pollard, 

General Counsel, Attention: Comments/ 

RIN 2590–AA19, Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street, NW., Washington, DC 20552. The 

package should be logged at the Guard 

Desk, First Floor, on business days 

between 9 a.m. and 5 p.m. 

• E-mail: Comments to Alfred M. 

Pollard, General Counsel, may be sent 

by e-mail to RegComments@fhfa.gov. 

Please include ‘‘RIN 2590–AA19’’ in the 

subject line of the message. 


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