[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Proposed Rules]
[Pages 59547-59548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29444]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150--AG 88
List of Approved Spent Fuel Storage Casks: Standardized
NUHOMS-24P, -52B, and -61BT Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations revising the Transnuclear West, Inc. Standardized
NUHOMS-24P, -52B, and -61BT cask system listing within the
``List of Approved Spent Fuel Storage Casks'' to include Amendment No.
4 to Certificate of Compliance (CoC) No. 1004. Amendment No. 4 would
allow the storage of low burn-up spent fuel in the NUHOMS-24P
canister. In addition, the Technical Specifications (TS) would be
revised to correct administrative errors regarding the width dimension
of the spent fuel. Specific changes would be made to TS 1.2.1 and
1.2.15, Tables 1-1a, 1-1b, 1-1c, 1-1d, 1-2a, and 1-2c, and Figure 1-1.
The CoC would be revised to change the certificate holder from
Transnuclear West, Inc. to Transnuclear Inc. Minor editorial changes
would also be made to the CoC.
DATES: Comments on the proposed rule must be received on or before
December 31, 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 [email protected].
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 [email protected].
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 Certificate of Compliance (CoC) and preliminary safety
evaluation report (SER) can be found under ADAMS Accession No.
ML012620237. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
PDR Reference staff at 1-800-397-4209, 301-415-4737or by e-mail to
[email protected].
FOR FURTHER INFORMATION CONTACT: Merri Horn, telephone (301) 415-8126,
e-mail, [email protected] of the Office of
[[Page 59548]]
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 4 to CoC
No. 1004 and does not include other aspects of the Standardized
NUHOMS-24P, -52B, and -61BT cask system design. The NRC is
using the direct final rule procedure to issue 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.
Because NRC considers this action noncontroversial and routine, the
proposed rule is being published concurrently as a direct final rule.
The direct final rule will become effective on February 12, 2002.
However, if the NRC receives significant adverse comments by December
31, 2001, then the NRC will publish a document that withdraws this
action and will address the comments received in response to the
proposed amendments published elsewhere in this issue of the Federal
Register. 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, in a substantive response:
(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 to the CoC or
TS.
These comments will be addressed in a subsequent final rule. The
NRC will not initiate a second comment period on this action.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, 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; 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. 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).
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 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.
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: Standardized NUHOMS -24P, NUHOMS-
52B, and NUHOMS-61BT.
* * * * *
Dated at Rockville, Maryland, this 13th day of November, 2001.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-29444 Filed 11-28-01; 8:45 am]
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