[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Proposed Rules]
[Pages 45948-45949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16135]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / 
Proposed Rules  

[[Page 45948]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI21


List of Approved Spent Fuel Storage Casks: TN-68 Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its spent fuel storage cask regulations by revising the Transnuclear, 
Inc. TN-68 dry storage cask system listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 1 to 
Certificate of Compliance (CoC) Number 1027. Amendment No. 1 would 
modify the CoC by revising several fuel parameters that include 
increasing fuel burnup to 60 gigawatts-day/metric ton of uranium, 
increasing total cask decay heat to 30 kilowatts, increasing maximum 
average fuel enrichment to 4.7 weight percent uranium-235, and 
decreasing minimum fuel assembly cooling time to 7 years. Amendment No. 
1 would also add up to eight damaged fuel assemblies as authorized 
contents of the cask and reduce the cask spacing on the storage pad.

DATES: Comments on the proposed rule must be received on or before 
September 17, 2007.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AI21) 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://rulemaking.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 No. 
1027, the proposed Technical Specifications (TS), and the preliminary 
safety evaluation report (SER) for Amendment No. 1 can be found in a 
package under ADAMS Accession No. ML071170621.
    The proposed CoC No. 1027, the proposed TS, the preliminary SER for 
Amendment No. 1, and the environmental assessment, are available for 
inspection at the NRC PDR, 11555 Rockville Pike, Rockville MD. Single 
copies of these documents may be obtained from Jayne M. McCausland, 
Office of Federal and State Materials and Environmental Management 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-6219, e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail [email protected].

SUPPLEMENTARY INFORMATION: For additional supplementary information, 
see the direct final rule published in the Rules and Regulations 
section of this Federal Register.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1027 and does not include other aspects of the TN-68 design. 
Because NRC considers this action noncontroversial and routine, the NRC 
is publishing this proposed rule concurrently as a direct final rule 
elsewhere in this issue of the Federal Register. Adequate protection of 
public health and safety continues to be ensured. The direct final rule 
will become effective on October 30, 2007. However, if the NRC receives 
significant adverse comments on the direct final rule by September 17, 
2007, 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 on this action in the event the direct final rule is 
withdrawn.
    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

[[Page 45949]]

substantive response in a notice-and-comment process. For example, a 
substantive response is required when:
    (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 rule, CoC, or TS.
    For additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this Federal Register.

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; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 553; the NRC is proposing to adopt the following 
amendments to 10 CFR part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

    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); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).
    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, 2244 (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 1027 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1027.
    Initial Certificate Effective Date: May 30, 2000.
    Amendment Number 1 Effective Date: October 30, 2007.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the TN-68 Dry Storage 
Cask.
    Docket Number: 72-1027.
    Certificate Expiration Date: May 28, 2020.
    Model Number: TN-68.
* * * * *

    Dated at Rockville, Maryland, this 31st day of July, 2007.

    For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. E7-16135 Filed 8-15-07; 8:45 am]
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