[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Proposed Rules]
[Pages 45173-45174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17796]


 ========================================================================
 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. 73, No. 150 / Monday, August 4, 2008 / 
Proposed Rules  

[[Page 45173]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI09
[NRC-2008-0361]


License and Certificate of Compliance Terms

AGENCY: Nuclear Regulatory Commission.

ACTION: Availability of preliminary draft rule language.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is making 
available preliminary draft rule language to amend its regulations 
concerning licensing requirements for the independent storage of spent 
nuclear fuel. This proposed rulemaking includes changes that clarify 
the license term limits for dry storage cask Certificates of Compliance 
(CoCs) and independent spent fuel storage installation (ISFSI) 
licenses, provide consistency between the general license requirements 
and the site-specific ISFSI license requirements, and allow part 72 
general licensees to implement changes authorized by an amended CoC to 
a cask loaded under the initial CoC or an earlier amended CoC (a 
``previously loaded cask''). More specifically, the proposed amendments 
would allow for longer initial and renewal terms for part 72 CoCs and 
licenses, clarify the general license storage term, clarify the 
difference between CoC ``approval'' and ``renewal,'' allow a licensee 
to apply the changes associated with a CoC amendment to a previously 
loaded cask without express NRC approval, provided the cask then fully 
conforms to the terms, conditions, and specifications of the amended 
CoC, and make certain administrative and clarification changes. The 
availability of the preliminary draft rule language is intended to 
inform stakeholders of the current status of the NRC's activities and 
solicit public comments on the information at this time.

DATES: Submit comments by August 31, 2008. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number, RIN 3150-AI09, in the subject line 
of your comments. Comments 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 any information in your 
submission that you do not want to be publicly disclosed. The NRC may 
post updates periodically under Docket ID [NRC-2008-0361] on the 
Federal eRulemaking Portal at http://www.regulations.gov that may be of 
interest to stakeholders.
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0361]. Address 
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail 
[email protected].
    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.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
301-415-1677).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101. You can access publicly available documents related to 
this document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852-2738.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into 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's PDR 
reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Keith K. McDaniel, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
5252, e-mail, [email protected].

SUPPLEMENTARY INFORMATION: The preliminary draft rule language can be 
viewed and downloaded electronically via the Federal eRulemaking Portal 
at http://www.regulations.gov by searching for Docket NRC-
2008-0361 as well as in ADAMS (ML081970262).
    The goal of this rulemaking is to both clarify the license term 
limits for part 72 CoCs and licenses and to allow part 72 general 
licensees to implement changes authorized by an amended CoC to a 
previously loaded cask. The proposed changes would also provide 
consistency between the general license requirements and the site-
specific ISFSI license requirements within 10 CFR part 72.
    The NRC is making a preliminary version of the draft proposed rule 
language available to inform stakeholders of the current status of this 
proposed rulemaking. The NRC is inviting stakeholders to comment on the 
draft proposed rule language. The NRC specifically asks for stakeholder 
review and comment on the draft provisions in 72.212(b)(3)-(5) with 
regard to implementation of the requirements to allow a licensee to 
apply the changes authorized by an amended Certificate of Compliance to 
a previously loaded cask. This preliminary draft rule language may be 
subject to significant revisions during the rulemaking process. The NRC 
will review and consider any comments received for information only; 
the NRC will not respond to any comments received at this pre-
rulemaking stage. As appropriate, the Statements of Consideration for 
the proposed rule will briefly discuss any substantive changes made to 
the proposed rule language as a result of

[[Page 45174]]

comments received. Once published as a proposed rule in the Federal 
Register, stakeholders will have an opportunity to comment on the 
proposed rule language and, the NRC will respond to any such comments 
in the Statements of Consideration for the final rule.

    Dated at Rockville, Maryland, this 28th day of July 2008.

    For the Nuclear Regulatory Commission.
Dennis K. Rathbun,
Director, Division of Intergovernmental Liaison and Rulemaking, Office 
of Federal and State Materials and Environmental Management Programs.
[FR Doc. E8-17796 Filed 8-1-08; 8:45 am]
BILLING CODE 7590-01-P