[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Rules and Regulations]
[Pages 43761-43763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20993]



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  Federal Register / Vol. 66, No. 162 / Tuesday, August 21, 2001 / 
Rules and Regulations  

[[Page 43761]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG82


List of Approved Spent Fuel Storage Casks: Westinghouse MC-10 
Termination

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the Westinghouse MC-10 cask system listing within 
the ``List of Approved Spent Fuel Storage Casks'' terminating 
Certificate of Compliance Number 1001 as requested by the Westinghouse 
Government Environmental Services Company.

DATES: The final rule is effective November 5, 2001, unless significant 
adverse comments are received by September 20, 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. 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. If you 
do not have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or by email to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Jayne McCausland, telephone (301) 415-
6219, e-mail [email protected], of the Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of the Department of Energy 
(DOE)] shall establish a demonstration program, in cooperation with the 
private sector, for the dry storage of spent nuclear fuel at civilian 
nuclear power reactor sites, with the objective of establishing one or 
more technologies that the [Nuclear Regulatory] Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the NWPA 
states, in part, that ``[t]he Commission shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 218(a) for use at the site of any civilian 
nuclear power reactor.''
    To implement this mandate, the NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in 10 CFR Part 72 entitled, ``General License 
for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July 
18, 1990). This rule also established a new Subpart K within 10 CFR 
Part 72, which contained a list of spent fuel storage cask designs. 
Included in this list was Certificate of Compliance (CoC) No. 1001 for 
the Westinghouse MC-10 cask system.

Discussion

    On February 19, 2001, the Westinghouse Government Environmental 
Services Company submitted a request (ADAMS ML010650146) to the NRC to 
terminate the Sec. 72.214 listing of CoC No. 1001. Westinghouse 
indicated it does not desire to continue supporting the MC-10 cask 
design. Furthermore, no Part 72 general licensees currently use the MC-
10 cask design. Therefore, the NRC has no objections to terminating CoC 
No. 1001 and is removing the CoC from the list of approved spent fuel 
storage cask designs contained in Sec. 72.214.
    The Westinghouse request (ADAMS ML010650146) is available for 
inspection at the NRC Public Document Room, 11555 Rockville Pike, 
Rockville, MD. Single copies of this document may be obtained from 
Jayne McCausland, Office of Nuclear Material Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone (301) 415-6219, email [email protected].

Discussion of Amendments by Section

Section 72.214--List of Approved Spent Fuel Storage Casks

    Certificate No. 1001 is terminated by removing the listing of the 
certificate.

Procedural Background

    This rule is limited to the removal of CoC No. 1001 from 
Sec. 72.214 and does not include other aspects of the Westinghouse MC-
10 cask system design. The NRC is using the ``direct final rule 
procedure'' to promulgate this removal because it represents a change 
to an existing CoC that is expected to be noncontroversial. Adequate 
protection of public health and safety continues to be ensured. The 
amendment to the rule will become effective on November 5, 2001. 
However, if the NRC receives significant adverse comments by September 
20, 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

[[Page 43762]]

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 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 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.
    These comments will be addressed in a subsequent final rule. The 
NRC will not initiate a second comment period on this action.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995 (Pub. L. 104-113) 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this direct final rule, the NRC would terminate the 
Westinghouse MC-10 cask system design listed in Sec. 72.214 (List of 
NRC-approved spent fuel storage cask designs). This action does not 
constitute the establishment of a standard that establishes generally 
applicable requirements.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws, but does not confer 
regulatory authority on the State.

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled ``Plain 
Language in Government Writing'' directed that the Government's writing 
be in plain language. The NRC requests comments on this direct final 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent to the address listed under the 
heading ADDRESSES above.

Finding of No Significant Environmental Impact: Environmental 
Assessment

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has 
determined that this rule, if adopted, would not be a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact statement is not required. The 
rule will terminate the CoC for the Westinghouse MC-10 cask system from 
the list of approved spent fuel storage casks that power reactor 
licensees can use to store spent fuel at reactor sites under a general 
license. This rulemaking is needed to remove the Westinghouse MC-10 
listing from the ``List of approved spent fuel storage casks'' in 
Sec. 72.214. Westinghouse Government Environmental Services Company 
indicated that it does not desire to continue supporting the MC-10 cask 
design. Furthermore, no Part 72 general licensees currently use the MC-
10 cask design. Therefore, the NRC has no objections to terminating CoC 
No. 1001 and is removing the CoC from the list of approved spent fuel 
storage cask designs contained in Sec. 72.214. The potential 
environmental impact of not using the Westinghouse MC-10 cask system 
will not compromise the public health and safety. The alternative to 
the proposed action would be to deny approval of the amendment. The 
proposed termination action now under consideration would not change 
the potential environmental effects because (1) There are other 
approved casks available for storage of spent nuclear fuel and (2) 
there currently is no spent nuclear fuel being stored under the general 
license provisions of Part 72 in this cask design. Therefore, the NRC 
staff has determined that there are no significant environmental 
impacts as a result of the termination. No agencies or persons outside 
the NRC were contacted in connection with the preparation of this 
environmental assessment.

Paperwork Reduction Act Statement

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
approved by the Office of Management and Budget, Approval Number 3150-
0132.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, spent fuel is stored 
under the conditions specified in the cask's CoC, and the conditions of 
the general license are met. A list of NRC-approved cask designs is 
contained in Sec. 72.214. Included in the list of approved cask designs 
was the Westinghouse MC-10 cask design under CoC No. 1001. On February 
19, 2001, the certificate holder (Westinghouse Government Environmental 
Services Company) requested that NRC terminate the listing of CoC No. 
1001 from Sec. 72.214. Furthermore, no Part 72 general licensee 
currently uses the MC-10 cask design.
    This rule will remove the above listing from Sec. 72.214. The 
alternative to this action is to withhold approval of this request. 
This alternative would cost both the CoC holder and the NRC time and 
resources because the regulatory burden requiring the CoC holder to 
respond to certain NRC requests, including but not limited to 
Information Notices, and the NRC to review the responses, would remain.
    Approval of the direct final rule will eliminate the above 
described burden. Further, the direct final rule will have no adverse 
effect on public health and safety. This direct final rule has no 
significant identifiable impact or benefit on other Government 
agencies. Based on the above discussion of the benefits and impacts of 
the alternatives, the NRC concludes that the requirements of the direct 
final rule are commensurate with the NRC's responsibilities for public

[[Page 43763]]

health and safety and the common defense and security. No other 
available alternative is believed to be as satisfactory, and thus, this 
action is recommended.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the NRC certifies that this rule will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities. This direct final rule affects only the Westinghouse 
Government Environmental Services Company. This company does not fall 
within the scope of the definition of ``small entities'' set forth in 
the Regulatory Flexibility Act or the Small Business Size Standards set 
out in regulations issued by the Small Business Administration at 13 
CFR part 121.

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 50.109 or 10 
CFR 72.62) does not apply to this direct final rule because this 
amendment does not involve any provisions that would impose backfits as 
defined. Therefore, a backfit analysis is not required.

Small Business Regulatory Enforcement Fairness 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, Office of Management and Budget.

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 adopting 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).


Sec. 72.214  [Amended]

    2. In Sec. 72.214, Certificate of Compliance 1001 is removed.

    Dated at Rockville, Maryland, this 6th day of August, 2001.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 01-20993 Filed 8-20-01; 8:45 am]
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