[Federal Register Volume 67, Number 224 (Wednesday, November 20, 2002)]
[Proposed Rules]
[Pages 70029-70031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29486]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AH-05


List of Approved Spent Fuel Storage Casks: VSC-24 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 Pacific Sierra Nuclear Associates VSC-24 
system listing within the ``List of Approved Spent Fuel Storage Casks'' 
to include Amendment No. 4 to the Certificate of Compliance. Amendment 
No. 4 would modify the present cask system design to permit the storage 
of different specific fuel control elements as integral components to 
fuel assemblies under a general license. Also, Technical Specification 
(TS) 1.1.1 would be amended to change the flood condition velocity from 
7.62 meters per

[[Page 70030]]

second (m/s) [25 feet per second (ft/s)] to 5.39 m/s (17.7 ft/s); TS 
1.2.1, 1.2.4., and 1.2.6 would be amended to address the additional 
fuel control elements approved for storage; and TS 1.2.10 would de 
deleted to eliminate redundant requirements for controlling moderator 
density.

DATES: Comments on the proposed rule must be received on or before 
December 20, 2002.

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 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/reading-rm/adams.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. 
ML 022490171. 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, 301-415-4737 or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Jayne M. 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: 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. 1007 and does not include other aspects of the VSC-24 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 3, 2003. 
However, if the NRC receives significant adverse comments by December 
20, 2002, 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 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 (other than 
editorial) 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(20, 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96 
Stat. 2202, 2203, 2204, 2222, 2224, (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 1007 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1007.

[[Page 70031]]

Initial Certificate Effective Date: May 7, 1993.
Amendment Number 1 Effective Date: May 30, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: May 21, 2001.
Amendment Number 4 Effective Date: February 3, 2003.
SAR Submitted by: Pacific Sierra Nuclear Associates.
SAR Title: Final Safety Analysis Report for the Ventilated Storage Cask 
System.
Docket Number: 72-1007.
Certificate Expiration Date: May 7, 2013.
Model Number: VSC-24.
* * * * *

    Dated at Rockville, Maryland, this 1st day of November, 2002.

    For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-29486 Filed 11-19-02; 8:45 am]
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