[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Page 13071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4796]



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  Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / 
Rules and Regulations  

[[Page 13071]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI24


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; withdrawal.

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

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. 5 to the Certificate of 
Compliance. The NRC is taking this action because it has received a 
significant adverse comment in response to the direct final rule. This 
significant adverse comment shall be considered as a comment to the 
companion proposed rule that was published concurrently with the direct 
final rule.

DATES: The final rule published on December 31, 2007 (72 FR 74162), is 
withdrawn effective March 12, 2008.

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 December 31, 2007 (72 FR 74162), 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. 5 to the Certificate of 
Compliance (CoC) No. 1014. Amendment No. 5 modifies the present cask 
system design to permit deletion of the requirement to perform thermal 
validation tests on thermal systems; an increase in the design basis 
maximum decay heat loads, namely, to 34 kilowatts (kW) for uniform 
loading and 36.9 kW for regionalized loading, and introduction of a new 
decay heat regionalized scheme; an increase in the maximum fuel 
assembly weight for boiling water reactor fuel in the Multi-Purpose 
Canister (MPC)-68 from 700 to 730 pounds; an increase in the maximum 
fuel assembly weight of up to 1,720 pounds for assemblies not requiring 
spacers, otherwise 1,680 pounds; changes to the assembly 
characteristics of 16x16 pressurized water reactor fuel assemblies to 
be qualified for storage in the HI-STORM 100 cask system; a change in 
the fuel storage locations in the MPC-32 for fuel with axial power 
shaping rod assemblies and in the fuel storage locations in the MPC-24, 
MPC-24E, and the MPC-32 for fuel with control rod assemblies, rod 
cluster control assemblies, and control element assemblies; elimination 
of the restriction that fuel debris can only be loaded into the MPC-
24EF, MPC-32F, MPC-68F, and MPC-68FF canisters; introduction of a 
requirement that all MPC confinement boundary components and any MPC 
components exposed to spent fuel pool water or the ambient environment 
be made of stainless steel or, for MPC internals, neutron absorber or 
aluminum; the addition of a threshold heat load below which operation 
of the Supplemental Cooling System would not be required and 
modification of the design criteria to simplify the system; minor 
editorial changes to include clarification of the description of 
anchored casks, correction of typographical/editorial errors, 
clarification of the definitions of loading operations, storage 
operations, transport operations, unloading operations, cask loading 
facility, and transfer cask in various locations throughout the CoC and 
Final Safety Analysis Report; and modification of the definition of 
non-fuel hardware to include the individual parts of the items defined 
as non-fuel hardware. The direct final rule was to become effective on 
March 17, 2008. The NRC also concurrently published a companion 
proposed rule on December 31, 2007 (72 FR 74209).
    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 a significant adverse comment on the direct final 
rule; therefore, the NRC is withdrawing the direct final rule. This 
significant adverse comment shall be considered as a comment 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 28th day of February, 2008.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E8-4796 Filed 3-11-08; 8:45 am]
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