[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 7590-01-P