[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Proposed Rules]
[Pages 57002-57003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28512]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG87


List of Approved Spent Fuel Storage Casks: FuelSolutions 
TM 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 BNFL Fuel Solutions (FuelSolutions 
TM) cask system listing within the ``List of Approved Spent 
Fuel Storage Casks'' to include Amendment No. 2 to the Certificate of 
Compliance. Amendment No. 2 would modify the Technical Specifications 
(TS). The current TS require that if the W74 canister is required to be 
removed from its storage cask, then the canister must be returned to 
the spent fuel pool. The modified TS will allow the W74 canister to be 
placed in the transfer cask until the affected storage cask is repaired 
or replaced. The TS would also be modified to clarify the description 
of the other non-fissile material permitted to be stored in the W74 
canister and to revise the temperatures to correspond to the liner 
thermocouples. Specific changes would be made to TS Tables 2.1-3 and 
2.1-4; TS 3.3.2 and 3.3.3; and the bases for TS 3.3.2 and 3.3.3. No 
changes would be made to the conditions of the Certificate of 
Compliance.

DATES: Comments on the proposed rule must be received on or before 
December 14, 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 Web site at http://ruleforum.llnl.gov. You may also provide comments via this web site 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 e-mail 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. 
ML012680428. 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 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 2 to CoC 
No. 1026 and does not include other aspects of the FuelSolutions 
TM 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 with a direct final rule. 
The direct final rule will become effective on January 28, 2002. 
However, if the NRC receives significant adverse comments by December 
14, 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

[[Page 57003]]

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 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.
    Amendment Number 2 Effective Date: January 28, 2002.
    SAR Submitted by: BNFL Fuel Solutions.
    SAR Title: Final Safety Analysis Report for the 
FuelSolutionsTM Spent Fuel Management System.
    Docket Number: 72-1026.
    Certificate Expiration Date: February 15, 2021.
    Model Number: WSNF-220, WSNF-221, and WSNF-223 systems; W-150 
storage cask; W-100 transfer cask; and the W-21 and W-74 canisters.
* * * * *

    Dated at Rockville, Maryland, this 25th day of October, 2001.

    For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. 01-28512 Filed 11-13-01; 8:45 am]
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