[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Rules and Regulations]
[Pages 63375-63379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24906]



[[Page 63375]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2012-0020]
RIN 3150-AJ10


List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. 
Standardized NUHOMS[supreg] Cask System

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. 
Standardized NUHOMS[supreg] Cask System listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 11 to 
Certificate of Compliance (CoC) No. 1004. Amendment No. 11 revises 
authorized contents to include: adding a new transfer cask (TC), the 
OS197L, for use with the 32PT and 61BT dry shielded canisters (DSC); 
and converting the CoC No. 1004 Technical Specifications (TS) to the 
format in NUREG-1745, ``Standard Format and Content for Technical 
Specifications for 10 CFR [Title 10 of the Code of Federal Regulations] 
Part 72 Cask Certificates of Compliance.'' In addition, the amendment 
makes several other changes as described under the ``Discussion of 
Changes'' heading in the SUPPLEMENTARY INFORMATION section of this 
document.

DATES: The final rule is effective January 7, 2014, unless significant 
adverse comments are received by November 25, 2013. If the rule is 
withdrawn as a result of such comments, timely notice of the withdrawal 
will be published in the Federal Register. Comments received after this 
date will be considered if it is practical to do so, but the NRC staff 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: Please refer to Docket ID NRC-2012-0020 when contacting the 
NRC about the availability of information for this final rule. You may 
access information and comment submittals related to this final 
rulemaking, which the NRC possesses and is publicly available by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0020. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURHTER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The proposed CoC and preliminary safety evaluation report 
(SER) are available in ADAMS under Package Accession No. ML120130550. 
The ADAMS Accession No. for the Transnuclear, Inc. Standardized 
NUHOMS[supreg] Cask System Amendment No. 11 application dated April 10, 
2007, is ML071240088.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6445, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Procedural Background
II. Background
III. Discussion of Changes
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Finding of No Significant Environmental Impact: Availability
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act

I. Procedural Background

    This rule is limited to the changes contained in Amendment No. 11 
to CoC No. 1004 and does not include other aspects of the Transnuclear, 
Inc. Standardized NUHOMS[supreg] Cask System design. 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 January 7, 2014. However, if the NRC receives 
significant adverse comments on this direct final rule by November 25, 
2013, then the NRC will publish a document that withdraws this action 
and will subsequently address the comments received in a final rule as 
a response to the companion proposed rule published in the Proposed 
Rule section of 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 TSs.
    For detailed instructions on submitting comments, please see the 
companion proposed rule published in the Proposed Rule section of this 
issue of the Federal Register.

II. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the Department of Energy] 
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

[[Page 63376]]

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 ``[the Commission] shall, 
by rule, establish procedures for the licensing of any technology 
approved by the Commission under Section 219(a) [sic: 218(a)] for use 
at the site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission 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 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] Cask System 
design and added it to the list of NRC-approved cask designs in 10 CFR 
72.214 as CoC No. 1004.

III. Discussion of Changes

    On April 10, 2007 (ADAMS Accession No. ML071240088), and as 
supplemented on August 23, 2007 (ADAMS Accession No. ML072410293), 
December 21, 2007 (ADAMS Accession No. ML080020420), June 12, 2008 
(ADAMS Accession No. ML081700238), August 14, 2009 (ADAMS Accession No. 
ML13149A438), August 5, 2010 (ADAMS Accession No. ML102230097), and 
February 25, 2011 (ADAMS Accession No. ML110590060), Transnuclear, 
Inc., the holder of CoC No. 1004, submitted to the NRC a request to 
amend CoC No. 1004. Specifically, Transnuclear, Inc. requested changes 
to: (1) add a new TC, the OS197L, for use with the 32PT and 61BT DSC; 
and (2) convert the CoC No. 1004 TS to the format in NUREG-1745. The 
previously approved payloads and the corresponding TSs have been 
retained ``as-is'' in the new format of the proposed TSs, including 
tables and figures. In addition, this change removes the bases for the 
Limiting Conditions for Operation and Surveillance Requirements from 
the TSs and relocates the bases to Chapter 10 of the Updated Final 
Safety Analysis Report (UFSAR). Specific changes to the TSs are:
     Converting the existing TSs for CoC No. 1004 proposed 
Amendment 10 TS, to the improved TS format and content consistent with 
NUREG-1745 requirements.
     Deleting the TC dose rates for all currently licensed 
payloads (TSs 1.2.11, 1.2.11 a, 1.2.11 b, 1.2.11 c, 1.2.11d, and 
1.2.11e). These TS are redundant to TS 1.2.7 which regulates dose 
limits for a loaded DSC when stored inside a horizontal storage module 
where a payload resides during its 20 year licensed life span.
     Deleting DSC vacuum drying duration limits for all the 
licensed payloads (TSs 1.2.17, 1.2.17a, 1.2.17b, and 1.2.17c).
     Implementing the following NRC suggested revisions that 
were adopted by letter dated August 14, 2009 (ADAMS Accession No. 
ML092330146).
    [cir] Adding Sections 4.4.1 and 4.4.2 to the proposed TSs to 
reflect additional restrictions for the use of the OS197L TC.
    [cir] Revising Section 5.2.4, ``Radiation Protection Program,'' of 
the proposed TSs to include dose assessment for occupational exposures 
during loading operations. If remote handling devices are used for 
movement of a transfer cask during loading, then the dose assessment 
shall include recovery from a potential malfunction of these devices.
    [cir] Adding Section 4.2.1 of the proposed TSs to reflect the 
additional restrictions for all horizontal storage modules if an 
independent spent fuel storage installation (ISFSI) is located in a 
coastal salt water marine environment.
     Changing the following conditions in the CoC:
    [cir] Revising CoC Condition 6 to clarify that general licensees 
may use either the original issue of the certificate or use previously 
approved amendments of this certificate for storage under the 
provisions of 10 CFR 72.210.
    [cir] Deleting CoC Conditions 7 and 8 as they have been moved to 
proposed TSs 5.5 and 5.6, respectively.
     Revising the CoC and TSs to add requirements for the 
OS197L TC.
    As documented in the SER (ADAMS Accession No. ML120130593), the NRC 
staff performed a detailed safety evaluation of the proposed CoC 
amendment request. There are no significant changes to cask design 
requirements in the proposed CoC amendment. Considering the specific 
design requirements for each accident condition, the design of the cask 
would prevent loss of containment, shielding, and criticality control. 
If there is no loss of containment, shielding, or criticality control, 
the environmental impacts would be insignificant. This amendment does 
not reflect a significant change in design or fabrication of the cask. 
In addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 11 would remain well within 
the 10 CFR part 20 limits. Thus, the proposed
    CoC changes will not result in any radiological or non-radiological 
environmental impacts that significantly differ from the environmental 
impacts evaluated in the environmental assessment supporting the July 
18, 1990, final rule. There will be no significant change in the types 
or significant revisions in the amounts of any effluent released, no 
significant increase in the individual or cumulative radiation 
exposure, and no significant increase in the potential for or 
consequences from radiological accidents.
    This direct final rule revises the Standardized NUHOMS[supreg] Cask 
System listing in 10 CFR 72.214 by adding Amendment No. 11 to CoC 
No.1004. The amendment consists of the changes previously described, as 
set forth in the revised CoC and TSs. The revised TSs are identified in 
the SER.
    The amended Standardized NUHOMS[supreg] cask design, when used 
under the conditions specified in the CoC, the TSs, and the NRC's 
regulations, will meet the requirements of 10 CFR 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] Cask Systems that meet the criteria of 
Amendment No. 11 to CoC No. 1004 under 10 CFR 72.212.

IV. 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] Cask System design listed in 10 CFR 
72.214, ``List of Approved Spent Fuel Storage Casks.'' This action does 
not constitute the establishment of a standard that contains generally 
applicable requirements.

V. 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

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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, or the provisions of 10 CFR. 
Although an Agreement State may not adopt program elements reserved to 
the 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.

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. The NRC has attempted to use plain 
language in promulgating this rule consistent with the Federal Plain 
Writing Act guidelines.

VII. Finding of No Significant Environmental Impact: Availability

A. The Action

    The action is to amend 10 CFR 72.214 to revise the Transnuclear, 
Inc. Standardized NUHOMS[supreg] Cask System listing within the ``List 
of Approved Spent Fuel Storage Casks'' to include Amendment No. 11 to 
CoC No. 1004.
    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 made a finding of no significant impact on the basis of this 
environmental assessment.

B. The Need for the Action

    This rule amends the CoC for the Standardized NUHOMS[supreg] Cask 
System 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. Specifically, Transnuclear, Inc. requested 
changes to revise authorized contents to include: (1) adding a new TC, 
the OS197L, for use with the 32PT and 61BT DSC; and (2) converting the 
CoC No. 1004 TSs to the format in NUREG-1745, ``Standard Format and 
Content for Technical Specifications for 10 CFR Part 72 Cask 
Certificates of Compliance.'' The previously approved payloads and the 
corresponding TSs have been retained ``as-is'' in the new format of the 
proposed TSs, including tables and figures. In addition, this change 
removes the bases for the Limiting Conditions for Operation and 
Surveillance Requirements from the TSs and relocates the bases to 
Chapter 10 of the UFSAR.

C. Environmental Impacts of the Action

    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. The potential 
environmental impact of using NRC approved storage casks was initially 
analyzed in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 11 tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act.
    Standardized NUHOMS[supreg] Cask Systems are designed to mitigate 
the effects of design basis accidents that could occur during storage. 
Design basis accidents account for human-induced events and the most 
severe natural phenomena reported for the site and surrounding area. 
Postulated accidents analyzed for an ISFSI, the type of facility at 
which a holder of a power reactor operating license would store spent 
fuel in casks in accordance with 10 CFR part 72, include tornado winds 
and tornado-generated missiles, a design basis earthquake, a design 
basis flood, an accidental cask drop, lightning effects, fire, 
explosions, and other incidents.
    Based upon its review, the NRC staff has reasonable assurance that 
the design of the shielding system associated with the OS197L light 
weight transfer cask (a component of the Standardized NUHOMS[supreg] 
System), as currently proposed, and when limited to use of the 61BT and 
32PT DSCs, is in compliance with 10 CFR part 72 and that the applicable 
design and acceptance criteria, including 10 CFR part 20, have been 
satisfied. The evaluation of the shielding design provides reasonable 
assurance that the OS197L light weight transfer cask will allow safe 
transfer of spent fuel to dry storage in accordance with 10 CFR 
72.236(d). Considering the specific design requirements for each 
accident condition, the design of the cask would prevent loss of 
containment, shielding, and criticality control. If there is no loss of 
containment, shielding, or criticality control, the environmental 
impacts would be insignificant. This amendment does not reflect a 
significant change in design or fabrication of the cask. There are no 
significant changes to cask design requirements in the proposed CoC 
amendment. In addition, any resulting occupational exposure or offsite 
dose rates from the implementation of Amendment No. 11 would remain 
well within the 10 CFR part 20 limits. Therefore, the proposed CoC 
changes will not result in any radiological or non-radiological 
environmental impacts that significantly differ from the environmental 
impacts evaluated in the environmental assessment supporting the July 
18, 1990, final rule. There will be no significant change in the types 
or significant revisions in the amounts of any effluent released, no 
significant increase in the individual or cumulative radiation 
exposure, and no significant increase in the potential for or 
consequences from radiological accidents.
    The staff documented its findings in a safety evaluation report 
which is available in ADAMS under Accession No. ML120130550.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
11 and end the final rulemaking. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the 
Standardized NUHOMS[supreg] Cask System in accordance with the changes 
described in proposed Amendment No. 11 would have to request an 
exemption from the requirements of 10 CFR 72.212 and 72.214. Under this 
alternative, interested licensees 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. 
Therefore, the environmental impacts would be the same or less than the 
action.

E. Alternative Use of Resources

    Approval of Amendment No. 11 to CoC No. 1004 would result in no 
irreversible commitments of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51.
    Based on the foregoing environmental assessment, the NRC concludes 
that this

[[Page 63378]]

rulemaking entitled, ``List of Approved Spent Fuel Storage Casks: 
Standardized NUHOMS[supreg] Cask System,'' will not have a significant 
effect on the human environment. Therefore, the NRC has determined that 
an environmental impact statement is not necessary for this rule.
    Documents related to this rulemaking, including comments received 
by the NRC, may be examined at the NRC Public Document Room, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852.

VIII. Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements 
and, therefore, is not 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 (OMB), 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.

IX. 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 10 CFR part 72 that approved the 
Standardized NUHOMS[supreg] Cask System design by adding it to the list 
of NRC-approved cask designs in 10 CFR 72.214.
    On April 10, 2007 (ADAMS Accession No. ML071240088), and as 
supplemented on August 23, 2007 (ML072410293), December 21, 2007 
(ML080020420), June 12, 2008 (ML081700238), August 14, 2009 
(ML13149A438), August 5, 2010 (ML102230097), and February 25, 2011 
(ML110590060), Transnuclear, Inc. submitted an application to amend the 
Standardized NUHOMS[supreg] Cask System as described in Section III.
    The alternative to this action is to withhold approval of Amendment 
No. 11 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into Standardized NUHOMS[supreg] Cask Systems 
under the changes described in Amendment No. 11 to request an exemption 
from the requirements of 10 CFR 72.212 and 72.214. Under this 
alternative, each interested 10 CFR 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 or the environment. 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 therefore, this action is recommended.

X. 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 Transnuclear, 
Inc. 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).

XI. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule. Therefore, a backfit analysis is 
not required. This direct final rule revises the CoC No. 1004 for the 
Transnuclear, Inc. Standardized NUHOMS[supreg] Cask System, as 
currently listed in 10 CFR 72.214, ``List of Approved Spent Fuel 
Storage Casks.'' The revision consists of Amendment No. 11, which: (i) 
Adds a new transfer cask, the OS197L, for use with the 32PT and 61BT 
dry shielded canisters, and associated changes to address the use of 
the new transfer cask; (ii) converts the TS in the CoC to the format in 
NUREG-1745, ``Standard Format and Content for Technical Specifications 
for 10 CFR [Title 10 of the Code of Federal Regulations] Part 72 Cask 
Certificates of Compliance;'' (iii) deletes the TC dose rates for all 
currently licensed payloads, which are redundant to TS 1.2.7 
(regulating dose limits for a loaded DSC when stored inside a 
horizontal storage module where a payload resides during its 20 year 
licensed life span); (iv) deletes DSC vacuum drying duration limits for 
all the licensed payloads; (v) revises Section 5.2.4, ``Radiation 
Protection Program,'' of the TS to include dose assessment for 
occupational exposures during loading operations, and require that if 
remote handling devices are used for movement of a transfer cask during 
loading, then the dose assessment shall include recovery from a 
potential malfunction of these devices; (vi) adds Section 4.2.1 to the 
TSs to reflect additional restrictions for all horizontal storage 
modules if an ISFSI is located in a coastal salt water marine 
environment; (vii) revises CoC Condition 6 to clarify that general 
licensees may use either the original issue of the certificate or use 
previously approved amendments of this certificate for storage; and 
(vi) deletes CoC Conditions 7 and 8 as they are moved to TSs 5.5 and 
5.6, respectively.
    Amendment 11 to CoC No. 1004 for the Standardized NUHOMS[supreg] 
Cask System was initiated by Transnuclear, Inc. and was not submitted 
in response to new NRC requirements, or an NRC request for amendment. 
Amendment 11 applies only to new casks fabricated and used under 
Amendment 11. These changes do not affect existing users of the 
Standardized NUHOMS[supreg] Cask System, and the current amendment (10) 
continues to be effective for existing users, consistent with new CoC 
Condition 6. While current CoC users may comply with the new 
requirements in Amendment 11, this would be a voluntary decision on the 
part of current users. For these reasons, Amendment 11 to CoC No. 1004 
does not constitute backfitting under 10 CFR 72.62, 10 CFR 
50.109(a)(1), or otherwise represent an inconsistency with the issue 
finality provisions applicable to combined licenses in Part 52. 
Accordingly, no backfit analysis or additional documentation addressing 
the issue finality criteria in Part 52 has been prepared by the staff.

XII. Congressional Review Act

    The Office of Management and Budget has not found this to be a 
major rule as defined in the Congressional Review Act.

[[Page 63379]]

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. 552 and 553; the NRC is adopting 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

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act 
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National 
Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 
Policy Act secs. 131, 132, 133, 135, 137, 141 148 (42 U.S.C. 10151, 
10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-
58, 119 Stat. 549 (2005).
    Section 72.44(g) also issued under secs. Nuclear Waste Policy 
Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). 
Section 72.46 also issued under Atomic Energy Act sec. 189 (42 
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). 
Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 
145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear 
Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 
10161(h)). Subpart K is also issued under sec. 218(a) (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.
    Amendment Number 11 Effective Date: January 7, 2014.
    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 2nd day of October 2013.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2013-24906 Filed 10-23-13; 8:45 am]
BILLING CODE 7590-01-P