[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Rules and Regulations]
[Pages 3705-3706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1260]



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  Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / Rules 
and Regulations  

[[Page 3705]]



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; Confirmation of Effective 
Date

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule: Confirmation of effective date.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is confirming the 
effective date of January 30, 2007, for the direct final rule that was 
published in the Federal Register on November 16, 2006 (71 FR 66648). 
This direct final rule amended the NRC's regulations that govern 
domestic licensing of production and utilization facilities so that the 
requirements governing criticality control for spent fuel pool storage 
racks do 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: Effective Date: The effective date of January 30, 2007, is 
confirmed for this direct final rule.

ADDRESSES: Documents related to this rulemaking, including comments 
received, may be examined at the NRC Public Document Room, located at 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. These 
same documents may also be viewed and downloaded electronically via the 
rulemaking Web site (http://ruleforum.llnl.gov). For information about 
the interactive rulemaking Web site, contact Ms. Carol Gallagher (301) 
415-5905; e-mail [email protected].

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

SUPPLEMENTARY INFORMATION: On November 16, 2006 (71 FR 66648), the NRC 
published a direct final rule amending its regulations in 10 CFR Part 
50 so that the requirements governing criticality control for spent 
fuel pool storage racks do 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. In the direct final rule, NRC stated that if no 
significant adverse comments were received, the direct final rule would 
become effective on January 30, 2007. The NRC did not receive any 
significant adverse comments on the direct final rule, as described 
below. Therefore, this rule will become effective as scheduled.
    The NRC received two comments during the public comment period. The 
first comment, submitted by the Nuclear Energy Institute on December 
15, 2006, endorsed this rule change to 10 CFR 50.68 without further 
comment. Since the comment does not oppose the rule, this comment is 
not considered a significant adverse comment.
    The second comment, submitted by Carolina Power & Light Company, 
a.k.a. Progress Energy Carolinas Inc. (PEC), on December 18, 2006, 
supported the rule language, commenting that ``the rule wording is 
acceptable and technically justified, and that the Direct Final Rule 
should be made effective on January 30, 2007, assuming no significant 
adverse comments are received.'' However, an additional PEC comment 
suggested revision or clarification to the rulemaking technical basis, 
presented in Appendix A to the direct final rule. More specifically, 
the commenter questioned the NRC staff's interpretation of 10 CFR 
72.124(c), which states in part, ``Underwater monitoring is not 
required when special nuclear material is handled or stored beneath 
water shielding.'' The commenter also questioned the use of area 
radiation monitors (ARMs) as a means of complying with this regulation.
    The thrust of the PEC comment is on implementation issues with the 
criticality safety requirements of 10 CFR 72.124(c). These requirements 
are used as part of the technical justification for providing adequate 
criticality safety under 10 CFR Part 72. The commenter discusses 
technical issues with the use of ARMs as a means of complying with the 
regulations set forth in 10 CFR 72.124(c). The NRC staff's position 
regarding compliance with 10 CFR 72.124(c) continues to be that ARMs 
may be used as the criticality monitors required by 10 CFR 72.124(c) if 
it can be demonstrated that the radiation monitoring system is capable 
of detecting any possible criticality events due to spent fuel movement 
to or from a dry storage cask or transportation container. The PEC 
comment deals with implementation of 10 CFR 72.124(c). These 
requirements, although used in the technical basis in this direct final 
rule, do not change as a result of this direct final rule.
    The NRC staff reviewed the comment to determine whether it should 
be considered a significant adverse comment. First, the commenter 
specifically endorses the rule language, as presented in the direct 
final rule, without further comment. Second, the commenter states that 
the rule is adequately supported by the technical basis presented as 
Appendix A in the direct final rule. The comments provided do not 
specifically oppose the rule as written, but rather request that the 
NRC provide clarification on implementation considerations with the 
requirements of 10 CFR 72.124(c). The commenter questioned the use of 
ARMs to comply with this regulation. The rulemaking did not require, 
state, or imply that licensees must or should use ARMs as criticality 
monitors. The direct final rule does reference the 10 CFR 72.124(c) 
requirement for criticality monitoring and how criticality monitors 
support the technical basis for the rulemaking. However, neither the 
direct final rule, nor the technical basis, nor other portions of the 
statements of consideration rely on a specific method for how a 
licensee may choose to meet the requirement for criticality monitoring. 
Further, as stated in the paragraph above, it is the licensee's 
responsibility to ensure, if ARMs are used to comply with 10 CFR 
72.124(c), that the ARMs are capable of performing the intended 
function. On this basis, the NRC staff concluded that this comment

[[Page 3706]]

was outside the scope of the rulemaking change to 10 CFR 50.68. In 
addition, as a result of this comment, the NRC staff was not required 
to revise the rule language, technical basis, or statements of 
consideration for the rulemaking nor does it cause the staff to revise 
its regulatory position on compliance with 10 CFR 72.124(c). Therefore, 
the comment is not considered a significant adverse comment.
    The NRC staff's responses to the public comments received provide 
the clarification the commenter requested. This action completes the 
record for this rulemaking.

    Dated at Rockville, Maryland, this 22nd day of January, 2007.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rulemaking, Directives, and Editing Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. E7-1260 Filed 1-25-07; 8:45 am]
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