[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Rules and Regulations]
[Pages 49683-49686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21148]



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  Federal Register / Vol. 68, No. 160 / Tuesday, August 19, 2003 / 
Rules and Regulations  

[[Page 49683]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AH26


List of Approved Spent Fuel Storage Casks: Standardized 
NUHOMS[reg]-24P, -52B, and -61BT Revision

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the Transnuclear, Inc. (TN) Standardized 
NUHOMS[reg]-24P, -52B, and -61BT cask system listing within 
the ``List of Approved Spent Fuel Storage Casks'' to include Amendment 
No. 5 to Certificate of Compliance (CoC) Number 1004. Amendment No. 5 
will add another dry shielded canister (DSC), designated 
NUHOMS[reg]-32PT DSC, to the authorized contents of the 
Standardized NUHOMS[reg]-24P, -52B, and -61BT cask system. 
This canister is designed to accommodate 32 pressurized water reactor 
assemblies with or without Burnable Poison Rod assemblies. It is 
designed for use with the existing NUHOMS[reg] Horizontal 
Storage Module and NUHOMS[reg] Transfer Cask under a general 
license.

DATES: The final rule is effective November 3, 2003, unless significant 
adverse comments are received by September 18, 2003. 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. If the rule is withdrawn, timely notice will be published in 
the Federal Register.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AH26) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available to the public in their entirety 
on the NRC rulemaking website. Personal information will not be removed 
from your comments.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: SECY@ nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the NRC's 
rulemaking Web site at http://ruleforum.llnl.gov. Address questions 
about our rulemaking website to Carol Gallagher (301) 415-5905; e-mail 
nrc.gov">cag@nrc.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 am and 4:15 pm Federal workdays (telephone (301) 
415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
examined and copied for a fee at the NRC's Public Document Room (PDR), 
Public File Area O1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland. Selected documents, including comments, can be 
viewed and downloaded electronically via the NRC rulemaking website at 
http://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html. From this 
site, the public can gain entry into the NRC's Agencywide Document 
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 PDR Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to nrc.gov">pdr@nrc.gov. An electronic copy of the proposed CoC and 
preliminary safety evaluation report (SER) can be found under ADAMS 
Accession No. ML031820427.
    CoC Number 1004, the revised Technical Specifications (TS), the 
underlying SER for Amendment No. 5, and the Environmental Assessment 
(EA), are available for inspection at the NRC Public Document Room, 
11555 Rockville Pike, Rockville, MD. Single copies of these documents 
may be obtained from Jayne M. McCausland, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone (301) 415-6219, e-mail nrc.gov">jmm2@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301) 
415-6219, e-mail nrc.gov">jmm2@nrc.gov 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 L within 10 CFR 
Part 72, entitled ``Approval of Spent Fuel Storage Casks'' containing 
procedures and criteria for obtaining NRC approval of spent fuel 
storage cask designs. The NRC subsequently issued a final rule on 
December 22, 1994 (59 FR 65920), that

[[Page 49684]]

approved the Standardized NUHOMS[reg]-24P and -52B cask 
design and added it to the list of NRC-approved cask designs in Sec.  
72.214 as Certificate of Compliance Number (CoC No.) 1004. Amendment 
No. 3 added the -61BT DSC to the system.

Discussion

    On June 29, 2001, the certificate holder (Transnuclear, Inc.) 
submitted an application to the NRC to amend CoC No. 1004 to add 
another dry shielded canister, designated NUHOMS[reg]-32PT DSC, to the 
authorized contents of the Standardized NUHOMS[reg]-24P, -52B, and -
61BT cask system. This canister is designed to accommodate 32 
pressurized water reactor (PWR) assemblies with or without Burnable 
Poison Rod Assemblies. It is designed for use with the existing 
NUHOMS[reg] Horizontal Storage Module and NUHOMS[reg] 
Transfer Cask. No other changes to the Standardized 
NUHOMS[reg]-24P, -52B, and -61BT cask system design were 
requested in this application. The NRC staff performed a detailed 
safety evaluation of the proposed CoC amendment request and found that 
an acceptable safety margin is maintained. In addition, the NRC staff 
has determined that there is still reasonable assurance that public 
health and safety and the environment will be adequately protected.
    This direct final rule revises the Standardized 
NUHOMS[reg]-24P, -52B, and -61BT cask system design listing 
in Sec.  72.214 by adding Amendment No. 5 to CoC No. 1004. The 
particular TS which are changed are identified in the NRC Staff's SER 
for Amendment No. 5.
    The amended Standardized NUHOMS[reg]-24P, -52B, and -
61BT cask system, when used in accordance with the conditions specified 
in the CoC, the TS, and NRC regulations, will meet the requirements of 
Part 72; thus, adequate protection of public health and safety will 
continue to be ensured.

Discussion of Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate No. 1004 is revised by adding the effective date of 
Amendment Number 5 and adding Model Number NUHOMS[reg]-32PT.

Procedural Background

    This rule is limited to the changes contained in Amendment 5 to CoC 
No. 1004 and does not include other aspects of the Standardized 
NUHOMS[reg]-24P, -52B, and -61BT 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. The amendment to the rule 
will become effective on November 3, 2003. However, if the NRC receives 
significant adverse comments by September 18, 2003, 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 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. However, 
if the NRC receives significant adverse comments by September 18, 2003, 
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.

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 revise the 
Standardized NUHOMS[reg]-24P, -52B, and -61BT 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 the 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: Availability

    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 would amend the CoC for the Standardized NUHOMS[reg]-
24P, -52B, and -61BT cask system within 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. The amendment will modify the 
present cask system design to add another dry shielded canister, 
designated NUHOMS[reg]-32PT DSC, to the authorized contents 
of the Standardized

[[Page 49685]]

NUHOMS[reg]-24P, -52B, and -61BT cask system. This canister 
is designed to accommodate 32 PWR assemblies with or without Burnable 
Poison Rod assemblies. It is designed for use with the existing 
NUHOMS[reg] Horizontal Storage Module and 
NUHOMS[reg] Transfer Cask. The environmental assessment and 
finding of no significant impact on which this determination is based 
are available for inspection at the NRC Public Document Room, 11555 
Rockville Pike, Rockville, MD. Single copies of the environmental 
assessment and finding of no significant impact are available from 
Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone (301) 415-6219, e-mail nrc.gov">jmm2@nrc.gov.

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

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

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. On December 22, 1994 (59 FR 65920), the NRC 
issued an amendment to Part 72 that approved the Standardized 
NUHOMS[reg]-24P and -52B cask system design by adding it to 
the list of NRC-approved cask designs in Sec.  72.214. Amendment No. 3 
added the -61BT DSC to the system. On June 29, 2001, Transnuclear, 
Inc., submitted an application to the NRC to amend CoC No. 1004 to 
permit a Part 72 licensee to add another DSC, designated 
NUHOMS[reg]-32PT DSC, to the authorized contents of the 
Standardized NUHOMS[reg]-24P, -52B, and -61BT cask system. 
This canister is designed to accommodate 32 PWR assemblies with or 
without Burnable Poison Rod assemblies. It is designed for use with the 
existing NUHOMS[reg] Horizontal Storage Module and 
NUHOMS[reg] Transfer Cask.
    The alternative to this action is to withhold approval of this 
amended cask system design and issue an exemption to each general 
license. This alternative would cost both the NRC and the utilities 
more time and money because each utility would have to pursue an 
exemption.
    Approval of the direct final rule will eliminate this problem and 
is consistent with previous NRC actions. 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 this 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 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 issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects only the licensing and operation of 
nuclear power plants, independent spent fuel storage facilities, and 
Transnuclear, Inc. The companies that own these plants do 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.

0
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. 552 and 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, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
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).

0
2. In Sec.  72.214, Certificate of Compliance 1004 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *

[[Page 49686]]

    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995.
    Amendment Number 1 Effective Date: April 27, 2000.
    Amendment Number 2 Effective Date: September 5, 2000.
    Amendment Number 3 Effective Date: September 12, 2001.
    Amendment Number 4 Effective Date: February 12, 2002.
    Amendment Number 5 Effective Date: November 3, 2003.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[reg] Horizontal Modular Storage System for Irradiated 
Nuclear Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Model Number: Standardized NUHOMS[reg]-24P, 
NUHOMS[reg]-52B, NUHOMS[reg]-61BT, and 
NUHOMS[reg]-32PT.
* * * * *

    Dated at Rockville, Maryland, this 1st day of August, 2003.

    For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Acting Executive Director for Operations.
[FR Doc. 03-21148 Filed 8-18-03; 8:45 am]
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