[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Proposed Rules]
[Pages 66705-66706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19368]



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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

RIN 3150-AH95


Criticality Control of Fuel Within Dry Storage Casks or 
Transportation Packages in a Spent Fuel Pool

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations that govern domestic licensing of production and 
utilization facilities so that the requirements governing criticality 
control for spent fuel pool storage racks would not apply to the fuel 
within a spent fuel transportation package or storage cask when a 
package or cask is in a spent fuel pool. These packages and casks are 
subject to separate criticality control requirements. This action is 
necessary to avoid applying two different sets of criticality control 
requirements to fuel within a package or cask in a spent fuel pool.

DATES: The comment period for this proposed rule ends on December 18, 
2006. Comments received after this date will be considered if it is 
practical to do so, but the NRC is able to ensure only that comments 
received on or before this date will be considered.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number RIN 3150-AH95 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 
submission.
    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 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 at (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 located at the NRC's 
Public Document Room (PDR), O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852. The PDR reproduction 
contractor will copy documents for a fee. 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/reading-rm/adams.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 PDR Reference staff at 1-800-397-4209, 301-415-4737, or by 
e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: George M. Tartal, Project Manager, 
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 415-0016, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: See the information provided in the direct 
final rule of the same title, which is found in the Rules and 
Regulations section of this Federal Register.
    Because the NRC considers this action non-controversial, we are 
publishing this proposed rule concurrently as a direct final rule. The 
direct final rule will become effective on January 30, 2007. However, 
if the NRC receives significant adverse comments on the direct final 
rule by December 18, 2006, then the NRC will publish a document that 
withdraws the direct final rule. If the direct final rule is withdrawn, 
the NRC will address the comments received in response to the proposed 
revisions in a subsequent final rule. Absent significant modifications 
to the proposed revisions requiring republication, the NRC will not 
initiate a second comment period for this action in the event the 
direct final rule is withdrawn.

List of Subjects in 10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

    For the reasons set forth 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 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    1. The authority citation for part 50 continues to read as follows:

    Authority: Secs. 102, 103, 104, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 50.7 also 
issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 
5841). Section 50.10 also issued under secs. 101, 185, 68 Stat. 955, 
as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 
also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 
2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under 
sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and 
Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 
(42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 
204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 
50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 
2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 
U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

    2. Section 50.68 is amended by adding a new paragraph (c) to read 
as follows:


Sec.  50.68  Criticality accident requirements.

* * * * *
    (c) While a spent fuel transportation package approved under Part 
71 of this chapter or spent fuel storage cask approved under Part 72 of 
this chapter is in the spent fuel pool:
    (1) The requirements in Sec.  50.68(b) do not apply to the fuel 
located within that package or cask; and
    (2) The requirements in Part 71 or 72 of this chapter, as 
applicable, and the requirements of the Certificate of

[[Page 66706]]

Compliance for that package or cask, apply to the fuel within that 
package or cask.

    Dated at Rockville, Maryland, this 31st day of October, 2006.

    For the Nuclear Regulatory Commission.
William F. Kane,
Deputy Executive Director for Reactor and Preparedness Programs, Office 
of the Executive Director for Operations.
[FR Doc. E6-19368 Filed 11-15-06; 8:45 am]
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