[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Rules and Regulations]
[Pages 35935-35936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17447]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 53

RIN 3150-AF47


Removal of 10 CFR Part 53--Criteria and Procedures for 
Determining the Adequacy of Available Spent Nuclear Fuel Storage 
Capacity

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to remove provisions concerning the ``Criteria and 
Procedures for Determining the Adequacy of Available Spent Nuclear Fuel 
Storage Capacity'' from the Code of Federal Regulations. This Part of 
the Commission's regulations is no longer applicable because the 
statutory timeframe for its implementation has expired.

DATE: This final rule is effective on August 8, 1996.

FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6195.

SUPPLEMENTARY INFORMATION:

Background

    10 CFR Part 53 established procedures for nuclear power plant 
owners to follow for obtaining a determination from the NRC that the 
plant can not provide adequate spent nuclear fuel storage capacity. The 
regulations in this part established procedures and criteria for making 
the determination required by section 135(b) of the Nuclear Waste 
Policy Act of 1982 (96 Stat. 2201 and 2233) that an owner or operator 
of a civilian nuclear power reactor could not reasonably provide 
adequate spent nuclear fuel storage capacity at the reactor site, or at 
any other reactor it operates, when needed to ensure the continued 
orderly operation of the reactor. These regulations also required that 
the owner or operator diligently pursue licensed alternatives to the 
use of Federal storage capacity for the storage of spent nuclear fuel 
expected to be generated in the future.
    Civilian nuclear power reactor operators who wanted the Commission 
to make a determination under 10 CFR Part 53 had to file a request by 
June 30, 1989. The Commission was to process the request and make a 
determination before January 1, 1990. Section 53.11(b) placed a time 
limitation of June 30, 1989 (with an outside date of January 1, 1990 
for special circumstances), on the filing of requests for a Commission 
determination on the adequacy of available spent fuel storage capacity. 
This was based on the January 1, 1990, limitation in Section 136(a) of 
the Nuclear Waste Policy Act on the ability of Department of Energy to 
enter into contracts for the interim storage of spent fuel based on a 
Commission determination. These dates have long passed and this Part of 
the Commission's regulations is no longer applicable because the 
statutory timeframe for its implementation has expired.
    The storage of spent nuclear fuel at NRC licensed nuclear power 
plants is not affected by removing 10 CFR Part 53 because 10 CFR Part 
50 provides the regulatory basis for licensing both wet and dry modes 
of spent fuel storage at nuclear power reactors. 10 CFR Part 72 
provides the regulatory basis for licensing spent nuclear fuel storage 
in Independent Spent Fuel Storage Installations or Monitored 
Retrievable Storage Installations. These regulations are not affected 
by the removal of 10 CFR Part 53.
    In accordance with 10 CFR 2.804(d)(2) of the Commission's 
regulations, the Commission is issuing a final rule withdrawing 10 CFR 
Part 53, rather than using the normal notice and comment process for 
agency rulemakings. In this case, the Commission finds that there is 
good cause to dispense with notice and public comment as unnecessary. 
As noted above, the statutory time period within which Federal interim 
storage under this rule could be implemented has long passed, and the 
Commission has no discretion to entertain any requests for Federal 
interim storage under this rule. Furthermore, little interest has been 
shown in the interim

[[Page 35936]]

storage procedures in 10 CFR Part 53, and the Commission received no 
requests for interim storage since its promulgation in 1985. Under 
these circumstances, the Commission believes that public comment is 
unnecessary. The action will become effective on August 8, 1996.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule contains no information collection requirements 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements, 
which are being discontinued, were approved by the Office of Management 
and Budget, approval number 3150-0126.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Regulatory Analysis

    A regulatory analysis has not been prepared for this final rule 
because this final rule is considered a minor, non-substantive 
amendment and has no economic impact on NRC licensees or the public.

Small Business Regulatory Enforcement Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs of OMB.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109 does 
not apply to this final rule because these amendments do not involve 
any provisions which would impose backfits as defined in 10 CFR 
50.109(a)(1). Therefore, a backfit analysis is not required for this 
final rule.

List of Subjects in 10 CFR Part 53

    Administrative practice and procedure, High-level waste, Nuclear 
materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Spent fuel, Waste treatment and disposal.

PART 53--[REMOVED]

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954 (42 U.S.C. 2201), as amended; the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841), as amended; and 5 U.S.C. 
552 and 553; the NRC is removing 10 CFR Part 53.

    Dated at Rockville, Maryland, this 25th day of June 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-17447 Filed 7-8-96; 8:45 am]
BILLING CODE 7590-01-P