[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Proposed Rules]
[Pages 55036-55038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18663]



10 CFR Part 72

RIN 3150-AH77

List of Approved Spent Fuel Storage Casks: Standardized 
NUHOMS[supreg]-32PT, -24PHB, and -24PTH Revision 8

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[supreg] System listing within the ``List of approved spent fuel 
storage casks'' to include Amendment No. 8 to Certificate of Compliance 
Number (CoC No.) 1004. Amendment No. 8 to the Standardized 
NUHOMS[supreg] System CoC would add a new spent fuel storage and 
transfer system, designated the NUHOMS[supreg]-24PTH System, and modify 
the NUHOMS[supreg]-32PT and -24PHB dry shielded canister designs.

DATES: Comments on the proposed rule must be received on or before 
October 20, 2005.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AH77) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comments will not be edited to remove any identifying or contact 
information, the NRC cautions you against including personal 
information such as social security numbers and birth dates in your 
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your

[[Page 55037]]

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 Web site to 
Carol Gallagher (301) 415-5905; e-mail [email protected]. Comments can also 
be submitted via the Federal eRulemaking Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. 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 
viewed electronically on the public computers at the NRC's Public 
Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland. Selected documents, including comments, can 
be viewed and downloaded electronically via the NRC rulemaking Web site 
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 [email protected]. An electronic copy of the proposed CoC, 
Technical Specifications (TS), and preliminary safety evaluation report 
(SER) can be found under ADAMS Package Accession No. ML051610554.

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 

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the final rules section of this Federal 

Procedural Background

    On May 25, 2005, a direct final rule (70 FR 29931) and companion 
proposed rule (70 FR 30015) were published in the Federal Register, to 
revise the cask system listing for the Transnuclear, Inc. (TN) 
Standardized NUHOMS[supreg] System, by adding Amendment No. 8 to the 
list of approved spent fuel storage casks in 10 CFR 72.214. After the 
rules were published, staff became aware of needed changes in the TS 
associated with the CoC, and on July 15, 2005, the NRC withdrew the 
direct final rule (70 FR 40879) and the proposed rule (70 FR 40924). 
This rule includes the original Amendment No. 8 changes, revised TS 
1.2.17c and 1.2.18, Table 1-1l, and additional changes, as discussed in 
the direct final rule. These additional changes were originally to be 
addressed as a subsequent amendment. However, the withdrawal of the May 
25, 2005, package allowed the staff to combine this information into 
Amendment 8. This results in a more effective and efficient use of 
    This rule is limited to the changes contained in Amendment No. 8 to 
CoC No. 1004 and does not include other aspects of the Standardized 
NUHOMS[supreg] System cask 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 direct final rule will become effective on 
December 5, 2005. However, if the NRC receives significant adverse 
comments by October 20, 2005, then the NRC will publish a document that 
withdraws the direct final rule and will subsequently address the 
comments received in a final rule. The NRC will not initiate a second 
comment period on this action.
    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.

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.


    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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    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, 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 1004 is revised to 
read as follows:

[[Page 55038]]

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: January 7, 2004.
    Amendment Number 6 Effective Date: December 22, 2003.
    Amendment Number 7 Effective Date: March 2, 2004.
    Amendment Number 8 Effective Date: December 5, 2005.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Model Number: NUHOMS[supreg]-24P, -52B, -61BT, -32PT, -24PHB, and -
* * * * *

    Dated at Rockville, Maryland, this 1st day of September, 2005.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-18663 Filed 9-19-05; 8:45 am]