[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Rules and Regulations]
[Page 24936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9448]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AH64


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. 2 to the Certificate of 
Compliance. The NRC is taking this action because it has received 
significant adverse comments 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 February 28, 2005 (70 FR 9504), 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. 2 to the Certificate of 
Compliance. Amendment No. 2 modifies the present cask system design to 
include changes to materials used in construction, changes to the types 
of fuel that can be loaded, changes to shielding and confinement 
methodologies and assumptions, revisions to various temperature limits, 
changes in allowable fuel enrichments, and other changes to reflect 
current NRC staff guidance and use of industry codes. The direct final 
rule was to become effective on May 16, 2005. The NRC also concurrently 
published an identical proposed rule on February 28, 2005 (70 FR 9550).
    In the February 28, 2005, 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. As a result, the direct final rule would not take effect.
    The NRC received significant adverse comment on the direct final 
rule; therefore, the NRC is withdrawing the direct final rule. As 
stated in the February 28, 2005, direct final rule, NRC will address 
the comments received on the February 28, 2005, 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 5th day of May, 2005.

    For the Nuclear Regulatory Commission.
William Borchardt,
Acting Executive Director for Operations.
[FR Doc. 05-9448 Filed 5-11-05; 8:45 am]
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