[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Rules and Regulations]
[Pages 27423-27426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13579]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI62
[NRC-2009-0162]


List of Approved Spent Fuel Storage Casks: Standardized 
NUHOMS[supreg] System Revision 10

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Transnuclear, Inc. (TN), 
Standardized NUHOMS[supreg] System listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 10 to 
Certificate of Compliance (CoC) Number 1004. Amendment No. 10 will 
modify the cask design to add a dry shielded canister (DSC) designated 
the NUHOMS[supreg]-61BTH DSC, add a dry shielded canister designated 
the NUHOMS[supreg]-32PTH1 DSC, add an alternate high-seismic option of 
the horizontal storage module (HSM) for storing the 32PTH1 DSC, allow 
storage of Westinghouse 15X15 Partial Length Shield Assemblies in the 
NUHOMS[supreg]-24PTH DSC, allow storage of control components in the 
NUHOMS[supreg]-32PT DSC, and add a new Technical Specification, which 
applies to Independent Spent Fuel Storage Installation sites located in 
a coastal marine environment, that any load bearing carbon steel 
component which is part of the HSM must contain at least 0.20 percent 
copper as an alloy addition.

DATES: The final rule is effective August 24, 2009, unless significant 
adverse comments are received by July 10, 2009. 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. If 
the rule is withdrawn, timely notice will be published in the Federal 
Register.

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2009-0162]. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail 
[email protected].
    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 O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    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 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected]. An electronic copy of the CoC, technical 
specifications (TS), and preliminary safety evaluation report (SER) can 
be found under ADAMS Package Number ML090400180.
    CoC No. 1004, the TS, the preliminary SER, and the environmental 
assessment are available for inspection at the NRC PDR, Public File 
Area O-1F21, One White Flint North, 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: 

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of the Department of Energy 
(DOE)] shall establish a demonstration program, in cooperation with the 
private sector, for the dry storage of spent nuclear fuel at civilian 
nuclear power reactor sites, with the objective of establishing one or 
more technologies that the [Nuclear Regulatory] Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the NWPA 
states, in part, that ``[t]he Commission shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 218(a) for use at the site of any civilian 
nuclear power reactor.''
    To implement this mandate, the NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in 10 CFR Part 72, which added a new Subpart K 
within 10 CFR Part 72,

[[Page 27424]]

entitled ``General License for Storage of Spent Fuel at Power Reactor 
Sites'' (55 FR 29181; July 18, 1990). This rule also established a new 
Subpart L within 10 CFR Part 72, entitled ``Approval of Spent Fuel 
Storage Casks,'' which contains procedures and criteria for obtaining 
NRC approval of spent fuel storage cask designs. The NRC subsequently 
issued a final rule on December 22, 1994 (59 FR 65898), that approved 
the Standardized NUHOMS[supreg] System cask design and added it to the 
list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1004.

Discussion

    On January 12, 2007, and as supplemented on February 21, March 15, 
July 3, and November 7, 2007; January 18, May 23, June 25, July 28, and 
October 8, 2008, the certificate holder (TN) submitted an application 
to the NRC that requested an amendment to CoC No. 1004. Specifically, 
TN requested modifications to the cask design to add a DSC designated 
the NUHOMS[supreg]-61BTH DSC, add a dry shielded canister designated 
the NUHOMS[supreg]-32PTH1 DSC, add an alternate high-seismic option of 
the HSM for storing the 32PTH1 DSC, allow storage of Westinghouse 15X15 
Partial Length Shield Assemblies in the NUHOMS[supreg]-24PTH DSC, allow 
storage of control components in the NUHOMS[supreg]-32PT DSC, and add a 
new TS, which applies to Independent Spent Fuel Storage Installation 
(ISFSI) sites located in a coastal marine environment, that any load 
bearing carbon steel component which is part of the HSM must contain at 
least 0.20 percent copper as an alloy addition. As documented in the 
SER, the NRC staff performed a detailed safety evaluation of the 
proposed CoC amendment request and found that an acceptable safety 
margin is maintained. In addition, the NRC staff has determined that 
there continues to be reasonable assurance that public health and 
safety and the environment will be adequately protected.
    This direct final rule revises the Standardized NUHOMS[supreg] 
System listing in 10 CFR 72.214 by adding Amendment No. 10 to CoC No. 
1004. The amendment consists of the changes described above, as set 
forth in the revised CoC and TS. The particular TS which are changed 
are identified in the SER.
    The amended Standardized NUHOMS[supreg] System cask design, when 
used under the conditions specified in the CoC, the TS, and NRC 
regulations, will meet the requirements of Part 72; thus, adequate 
protection of public health and safety will continue to be ensured. 
When this direct final rule becomes effective, persons who hold a 
general license under 10 CFR 72.210 may load spent nuclear fuel into 
Standardized NUHOMS[supreg] System casks that meet the criteria of 
Amendment No. 10 to CoC No. 1004 under 10 CFR 72.212.

Discussion of Amendments by Section

    Section 72.214. List of approved spent fuel storage casks.
    Certificate of Compliance No. 1004 is revised by adding the 
effective date of Amendment No. 10.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 10 
to CoC No. 1004 and does not include other aspects of the Standardized 
NUHOMSsup[supreg] System. The NRC is using the ``direct final rule 
procedure'' to issue this amendment because it represents a limited and 
routine change to an existing CoC that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on August 24, 2009. However, if the NRC receives any 
significant adverse comments on this direct final rule by July 10, 
2009, then the NRC will publish a document that withdraws this action 
and will subsequently address any comment received in a final rule as a 
response to the companion proposed rule published elsewhere in this 
issue of the Federal Register. Absent significant modifications to the 
proposed revisions requiring republication, the NRC will not initiate a 
second comment period on this action.
    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 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.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the Standardized NUHOMS[supreg] System cask design listed in Sec.  
72.214 (List of NRC-approved spent fuel storage cask designs). This 
action does not constitute the establishment of a standard that 
contains generally applicable requirements.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws but does not confer 
regulatory authority on the State.

Plain Language

    The Presidential Memorandum, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear and accessible language. The NRC 
requests comments on this direct final rule specifically with respect 
to the clarity and effectiveness of the language used. Comments should 
be sent to the address listed under the heading ADDRESSES, above.

[[Page 27425]]

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has 
determined that this rule, if adopted, would not be a major Federal 
action significantly affecting the quality of the human environment and 
therefore, an environmental impact statement is not required. The NRC 
has prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule will amend the CoC for the Standardized NUHOMS[supreg] System 
cask design within the list of approved spent fuel storage casks that 
power reactor licensees can use to store spent fuel at reactor sites 
under a general license.
    The amendment will add a dry shielded canister designated the 
NUHOMS[supreg]-61BTH DSC, add a dry shielded canister designated the 
NUHOMS[supreg]-32PTH1 DSC, add an alternate high-seismic option of the 
HSM for storing the 32PTH1 DSC, allow storage of Westinghouse 15X15 
Partial Length Shield Assemblies in the NUHOMS[supreg]-24PTH DSC, allow 
storage of control components in the NUHOMS[supreg]-32PT DSC, and add a 
new TS, which applies to ISFSI sites located in a coastal marine 
environment, that any load bearing carbon steel component which is part 
of the HSM must contain at least 0.20 percent copper as an alloy 
addition.
    The environmental assessment and finding of no significant impact 
on which this determination is based are available for inspection at 
the NRC Public Document Room, Public File Area O-1F21, One White Flint 
North, 11555 Rockville Pike, Rockville, MD. Single copies of the 
environmental assessment and finding of no significant impact are 
available 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].

Paperwork Reduction Act Statement

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
approved by the Office of Management and Budget, Approval Number 3150-
0132.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR Part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's CoC, and the 
conditions of the general license are met. A list of NRC-approved cask 
designs is contained in 10 CFR 72.214. On December 22, 1994 (59 FR 
65898), the NRC issued an amendment to Part 72 that approved the 
Standardized NUHOMS[supreg] System cask design by adding it to the list 
of NRC-approved cask designs in 10 CFR 72.214. On January 12, 2007, and 
as supplemented on February 21, March 15, July 3, and November 7, 2007; 
January 18, May 23, June 25, July 28, and October 8, 2008, the 
certificate holder (TN) submitted an application to the NRC to amend 
CoC No. 1004 to add a dry shielded canister designated the 
NUHOMS[supreg]-61BTH DSC, add a dry shielded canister designated the 
NUHOMS[supreg]-32PTH1 DSC, add an alternate high-seismic option of the 
HSM for storing the 32PTH1 DSC, allow storage of Westinghouse 15X15 
Partial Length Shield Assemblies in the NUHOMS[supreg]-24PTH DSC, allow 
storage of control components in the NUHOMS[supreg]-32PT DSC, and add a 
new TS, which applies to ISFSI sites located in a coastal marine 
environment, that any load bearing carbon steel component which is part 
of the HSM must contain at least 0.20 percent copper as an alloy 
addition.
    The alternative to this action is to withhold approval of Amendment 
No. 10 and to require any Part 72 general licensee, seeking to load 
fuel into Standardized NUHOMS[supreg] System casks under the changes 
described in Amendment No. 10, to request an exemption from the 
requirements of 10 CFR 72.212 and 72.214. Under this alternative, each 
interested Part 72 licensee would have to prepare, and the NRC would 
have to review, a separate exemption request, thereby increasing the 
administrative burden upon the NRC and the costs to each licensee.
    Approval of the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, the direct final rule will have no adverse effect on public 
health and safety. This direct final rule has no significant 
identifiable impact or benefit on other Government agencies. Based on 
this regulatory analysis, the NRC concludes that the requirements of 
the direct final rule are commensurate with the NRC's responsibilities 
for public health and safety and the common defense and security. No 
other available alternative is believed to be as satisfactory, and 
thus, this action is recommended.

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this rule will not, if issued, have a significant 
economic impact on a substantial number of small entities. This direct 
final rule affects only nuclear power plant licensees and TN. These 
entities do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act or the size 
standards established by the NRC (10 CFR 2.810).

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule because this amendment does not 
involve any provisions that would impose backfits as defined in 10 CFR 
Chapter I. Therefore, a backfit analysis is not required.

Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs, 
Office of Management and Budget.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous Waste, Nuclear 
materials, Occupational safety and health, Radiation protection, 
Reporting and recordkeeping requirements, Security measures, Spent 
fuel, Whistleblowing.


0
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. 552 and 553; the NRC is adopting the following amendments to 
10 CFR Part 72.

[[Page 27426]]

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

0
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).

0
2. In Sec.  72.214, Certificate of Compliance 1004 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995.
    Amendment Number 1 Effective Date: April 27, 2000.
    Amendment Number 2 Effective Date: September 5, 2000.
    Amendment Number 3 Effective Date: September 12, 2001.
    Amendment Number 4 Effective Date: February 12, 2002.
    Amendment Number 5 Effective Date: January 7, 2004.
    Amendment Number 6 Effective Date: December 22, 2003.
    Amendment Number 7 Effective Date: March 2, 2004.
    Amendment Number 8 Effective Date: December 5, 2005.
    Amendment Number 9 Effective Date: April 17, 2007.
    Amendment Number 10 Effective Date: August 24, 2009.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
52B, -61BT, and -61BTH.
* * * * *

    Dated at Rockville, Maryland, this 28th day of May, 2009.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-13579 Filed 6-9-09; 8:45 am]
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