[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Rules and Regulations]
[Pages 39260-39261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14341]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AG97


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision; 
Withdrawal of Direct Final Rule

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a 
direct final rule that would have revised the Holtec International HI-
STORM 100 cask system listing within the list of approved spent fuel 
storage casks to include Amendment No. 1 to the Certificate of 
Compliance. The NRC is taking this action because it has received a 
significant adverse comment in response to an identical proposed rule 
which was concurrently published with the direct final rule.

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

SUPPLEMENTARY INFORMATION: On March 27, 2002 (67 FR 14627), the NRC 
published in the Federal Register a direct final rule amending its 
regulations in 10 CFR 72.214 to revise the Holtec International HI-
STORM 100 cask system listing within the ``List of approved spent fuel 
storage casks'' to include Amendment No. 1 to the Certificate of 
Compliance. Amendment No. 1 would have modified the present cask system 
design to: Add four new

[[Page 39261]]

multipurpose canisters; add new containers for damaged fuel; add the 
HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored 
overpacks; allow the storage of high-burnup fuel; delete the Technical 
Specifications for special requirements for the first systems in place 
and for training requirements and relocate these requirements to the 
main body of CoC 1014; and allow the storage of selected nonfuel 
hardware. The amendment would also have used revised thermal analysis 
tools to include natural convection heat transfer; revised the helium 
backfill requirements to allow a helium density measurement to be used; 
allowed a helium drying system rather than the existing vacuum drying 
system; and required soluble boron during canister loading for certain 
higher enriched fuels. In addition, modifications would have been made 
to applicable CoC conditions and sections of Appendices A and B to the 
CoC to reflect the changes. The direct final rule was to become 
effective on June 10, 2002. The NRC also concurrently published a 
companion proposed rule on March 27, 2002 (67 FR 14662).
    In the March 27, 2002, direct final rule, NRC stated that if any 
significant adverse comments were received, a notice of timely 
withdrawal of the direct final rule would be published in the Federal 
Register.
    The NRC received a significant adverse comment on the direct final 
rule; therefore, the NRC is withdrawing the direct final rule. The 
significant adverse comment related to concern with (1) interactions 
between the non-fuel hardware and the fuel and (2) the absence of 
documentation of NRC's analysis to accept the storage of the non-fuel 
hardware. As stated in the March 27, 2002, direct final rule, NRC will 
address the comments received on the March 27, 2002, companion proposed 
rule in a subsequent final rule. The NRC will not initiate a second 
comment period on this action.

    Dated at Rockville, Maryland, this 31st day of May, 2002.

    For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. 02-14341 Filed 6-6-02; 8:45 am]
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