[Federal Register Volume 68, Number 160 (Tuesday, August 19, 2003)]
[Proposed Rules]
[Pages 49726-49727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21149]


=======================================================================
-----------------------------------------------------------------------

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: Proposed rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations revising the Transnuclear, Inc., 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 the Certificate of Compliance. Amendment No. 5 would modify 
the present cask system design to 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: Comments on the proposed rule must be received on or before 
September 18, 2003.

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 20852. 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 
Certificate of Compliance (CoC) and preliminary safety evaluation 
report (SER) can be found under ADAMS Accession No. ML031820427.

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: 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 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.
    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 November 3, 2003. 
However, if the NRC

[[Page 49727]]

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 Technical Specifications.
    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, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C 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 1004 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    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. 03-21149 Filed 8-18-03; 8:45 am]
BILLING CODE 7590-01-P