[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Proposed Rules]
[Pages 52430-52431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24562]

Proposed Rules
                                                Federal Register

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.


Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / 
Proposed Rules

[[Page 52430]]


10 CFR Part 72

RIN 3150--AI71

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage cask regulations by revising the Holtec 
International (Holtec) HI-STORM 100 dry storage cask system listing 
within the ``List of Approved Spent Fuel Storage Casks'' to include 
Amendment No. 7 to Certificate of Compliance (CoC) Number 1014. 
Amendment No. 7 would modify the CoC to add the HI-STORM 100U system to 
the HI-STORM 100 cask system. The HI-STORM 100U system allows for the 
underground storage of dry spent nuclear fuel (SNF) by utilizing an 
underground vertical ventilated module (VVM) that can accept certain 
multipurpose canisters (MPCs) previously certified for storage of SNF 
in the Holtec aboveground HI-STORM system. In addition, the amendment 
would reinstate the decay heat limits for damaged fuel and fuel debris 
in Appendix B, Technical Specification (TS) 2.4, for the aboveground 
system that had been inadvertently deleted from Amendment Nos. 5 and 6; 
incorporate separate TS Appendices A and B for the aboveground system 
(Apps. A and B) and for the HI-STORM 100U system (Apps. A-100U and B-
100U); revise Appendix B, TS 3.4.5, to be consistent with the required 
system thermal boundary conditions, as submitted in the applicant's 
safety analysis report for a fire accident condition, and with Holtec's 
original (i.e., initial certificate application or Amendment 0) 
submittal and the NRC's original safety evaluation report; and revise 
and add certain definitions in Appendix A, TS 1.1, to include the VVM. 
The amendment will also incorporate minor editorial corrections in the 
TS for the aboveground system.

DATES: Comments on the proposed rule must be received on or before 
November 12, 2009.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include Docket ID NRC-2009-0349 in the subject line of your 
comments. Comments submitted in writing or in electronic form will be 
posted on the NRC Web site and on the Federal rulemaking Web site 
Regulations.gov. 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 requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    Federal Rulemaking Web site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2009-0349. Address 
questions about NRC dockets to Carol Gallagher 301-492-3668; 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 301-415-1677.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 am and 4:15 pm Federal workdays. (Telephone 301-
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
    You can access publicly available documents related to this 
proposed rule using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at NRC's PDR, Public File 
Area O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, 
    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 site, 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].
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this proposed rule can be found at http://www.regulations.gov by searching on Docket ID NRC-2009-0349.

FOR FURTHER INFORMATION CONTACT: Neelam Bhalla, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6843, 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 7 to CoC 
No. 1014 and does not include other aspects of the HI-STORM 100 design. 
Because NRC considers this action noncontroversial and routine, the NRC 
is publishing this proposed rule concurrently as a direct final rule in 
the Rules and Regulations section of this Federal Register. Adequate 
protection of public health and safety continues to be ensured. The 
direct final rule will become effective on December 28, 2009. However, 
if the NRC receives significant adverse comments on the direct final 
rule by November 12, 2009 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

[[Page 52431]]

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 
    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.
    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, Hazardous waste, Nuclear 
materials, Occupational safety and health, 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.


    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 1014 is revised to 
read as follows:

Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1014.

Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009
Amendment Number 7 Effective Date: December 28, 2009.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100 System.
* * * * *

    Dated at Rockville, Maryland, this 24th day of September 2009.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-24562 Filed 10-9-09; 8:45 am]