[Federal Register Volume 66, Number 39 (Tuesday, February 27, 2001)]
[Proposed Rules]
[Pages 12439-12440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4766]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 66, No. 39 / Tuesday, February 27, 2001 / 
Proposed Rules

[[Page 12439]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG72


List of Approved Spent Fuel Storage Casks: FuelSolutions<SUP>TM</SUP> 
Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations revising the BNFL Fuel Solutions 
FuelSolutions<SUP>TM</SUP> cask system listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 1 to the 
Certificate of Compliance (CoC). Amendment No.1 will modify the present 
cask system design to permit the Big Rock Point nuclear facility to 
store mixed-oxide fuel assemblies, partial assemblies, and damaged fuel 
assemblies (in a can) under a general license.

DATES: Comments on the proposed rule must be received on or before 
March 29, 2001.

ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff.
    Deliver comments to 11555 Rockville Pike, Rockville, MD, between 
7:30 a.m. and 4:15 p.m. on Federal workdays.
    Certain documents related to this rulemaking, as well as all public 
comments received on this rulemaking, may be viewed and downloaded 
electronically via the NRC's rulemaking website at http://ruleforum.llnl.gov. You may also provide comments via this website by 
uploading comments as files (any format) if your web browser supports 
that function. For information about the interactive rulemaking site, 
contact Ms. Carol Gallagher, (301) 415-5905; e-mail <a href="/cdn-cgi/l/email-protection#a6e5e7e1e6c8d4c588c1c9d0"><span class="__cf_email__" data-cfemail="2c6f6d6b6c425e4f024b435a">[email protected]</span></a>.
    Certain documents related to this rule, including comments received 
by the NRC, may be examined at the NRC Public Document Room, 11555 
Rockville Pike, Rockville, MD. For more information, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by email to <a href="/cdn-cgi/l/email-protection#fe8e9a8cbe908c9dd0999188"><span class="__cf_email__" data-cfemail="1a6a7e685a746879347d756c">[email protected]</span></a>.
    Documents created or received at the NRC after November 1, 1999 are 
also available electronically at the NRC's Public Electronic Reading 
Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html. From 
this site, the public can gain entry into the NRC's Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. An electronic copy of the 
proposed CoC and preliminary safety evaluation report (SER) can be 
found under ADAMS Accession No(s). ML003770047.

FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, telephone (301) 415-
6195, e-mail, <a href="/cdn-cgi/l/email-protection#6522202254250b17064b020a13"><span class="__cf_email__" data-cfemail="0245474533426c70612c656d74">[email protected]</span></a> 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

    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1026 and does not include other aspects of the 
FuelSolutions<SUP>TM</SUP> cask system design. The NRC is using the 
direct final rule procedure to promulgate 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 NRC staff does not consider 
this amendment to be significant.
    Because NRC considers this action noncontroversial and routine, we 
are publishing this proposed rule concurrently as a direct final rule. 
The direct final rule will become effective on May 14, 2001. However, 
if the NRC receives significant adverse comments on the direct final 
rule by March 29, 2001, then the NRC will publish a document to 
withdraw the direct final rule. 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 change. 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 for this action.

List of Subjects In 10 CFR Part 72

    Criminal penalties, Manpower training programs, Nuclear materials, 
Occupational safety and health, Reporting and recordkeeping 
requirements, Security measures, Spent fuel.

    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 AND HIGH-LEVEL RADIOACTIVE 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. 10d-
48b, sec. 7902, 10b Stat. 31b3 (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).

    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),

[[Page 12440]]

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 (CoC) 1026 is revised 
to read as follows:


Sec. 72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1026.
    Initial Certificate Effective Date: February 15, 2001.
    Amendment Number 1 Effective Date: May 14, 2001.
    SAR Submitted by: BNFL Fuel Solutions.
    SAR Title: Final Safety Analysis Report for the 
FuelSolutions<SUP>TM</SUP> Spent Fuel Management System.
    Docket Number: 72-1026.
    Certificate Expiration Date: February 15, 2021.
    Model Number: WSNF-200, WSNF-201, and WSNF-203 systems; W-150 
storage cask, W-100 transfer cask; and the W-21 and W-74 canisters
* * * * *

    Dated at Rockville, Maryland, this 8th day of February, 2001.

For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-4766 Filed 2-26-01; 8:45 am]
BILLING CODE 7590-01-P


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