[Federal Register Volume 71, Number 248 (Wednesday, December 27, 2006)]
[Rules and Regulations]
[Page 77586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22109]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AH98


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 
3; Withdrawal of Direct Final Rule

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Direct final rule; withdrawal.

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SUMMARY: The U.S. 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. 3 to the Certificate of 
Compliance. The NRC is taking this action because it has received 
significant adverse comments in response to the direct final rule. 
These significant adverse comments shall be considered as comments to 
the companion proposed rule that was published concurrently with the 
direct final rule.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, telephone (301) 415-6219 
(e-mail: [email protected]).

SUPPLEMENTARY INFORMATION: On October 16, 2006 (71 FR 60659), 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. 3 to the Certificate of 
Compliance Number 1014 (CoC No. 1014). Amendment No. 3 modifies the 
present cask system design by revising: Technical Specification (TS) 
3.1.3 to eliminate cooling of the Multi-Purpose Canister (MPC) cavity 
prior to reflood with water, as part of cask unloading operations; TS 
3.3.1 to allow linear interpolation between minimal soluble boron 
concentrations, for certain fuel enrichments in the MPC-32/32F; 
Appendix B, Section 1, to make modifications to the definitions of fuel 
debris, damaged fuel assembly, and non-fuel hardware; and Appendix B, 
Section 2, to permit the storage of pressurized water reactor fuel 
assemblies with annular fuel pellets in the top and bottom 12 inches of 
the active fuel length. Amendment No. 3 also revises CoC No. 1014 to 
incorporate minor editorial corrections. The direct final rule was to 
become effective on January 2, 2007. The NRC also concurrently 
published a companion proposed rule on October 16, 2006 (71 FR 60672).
    In the 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 and the 
direct final rule would not take effect.
    The NRC received significant adverse comments on the direct final 
rule; therefore, the NRC is withdrawing the direct final rule. These 
significant adverse comments shall be considered as comments to the 
companion proposed rule that was published concurrently with the direct 
final rule. The NRC will not initiate a second comment period on the 
companion proposed rule.

    Dated at Rockville, Maryland, this 14th day of December, 2006.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E6-22109 Filed 12-26-06; 8:45 am]
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