[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Proposed Rules]
[Pages 13002-13003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05017]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2013-0051]


Shielding and Radiation Protection Review Effort and Licensing 
Conditions for Dry Storage Applications

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft interim staff guidance; withdrawal.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is announcing the 
withdrawal of draft Spent Fuel Storage and Transportation Interim Staff 
Guidance No. 26A (SFST-ISG-26A), Revision 0, ``Shielding and Radiation 
Protection Review Effort and Licensing Parameters for 10 CFR Part 72 
Applications.''

DATES: The withdrawal is effective as of March 7, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0051 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0051. 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 FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection 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]. 
Draft SFST-ISG-26A, Revision 0 is available electronically under ADAMS 
Accession No. ML13010A570.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Mr. Michel Call, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-9183; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Draft SFST-ISG-26A proposed guidance for the NRC staff to use when 
reviewing the shielding and radiation protection portions of 
applications for certificates of compliance (CoC), specific licenses, 
and amendments

[[Page 13003]]

submitted in accordance with part 72 of Title 10 of the Code of Federal 
Regulations (10 CFR), ``Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater Than Class C Waste,'' (10 CFR part 72) Subpart 
L, ``Approval of Spent Fuel Storage Casks,'' and Subpart B, ``License 
Application, Form, and Contents.'' Draft SFST-ISG-26A proposed to 
revise the shielding and radiation protection review procedures 
contained in NUREG-1536, Revision 1, ``Standard Review Plan for Spent 
Fuel Dry Storage Systems at a General License Facility,'' and NUREG-
1567, ``Standard Review Plan for Spent Fuel Dry Storage Facilities.''
    The staff began writing draft SFST-ISG-26A as a response to an 
event involving the use of a high dose-rate transfer cask. Its first 
intent was to provide reviewers guidance on how to review these 
systems. The scope had been expanded to also provide NRC reviewers with 
guidance on performing graded reviews based on system dose rates which 
modify the review ``priority'' as defined in NUREG-1536. The staff 
developed this part of the ISG in response to industry comments 
regarding the amount of details the staff reviewed in response to a 10 
CFR part 72 license, certificate or amendment application.
    The staff published a notice of opportunity for public comment on 
draft SFST-ISG-26A in the Federal Register on March 29, 2013 (78 
FR19148). The staff received two comments, with each commenter raising 
a significant number of substantive issues which has caused the staff 
to reconsider the need for and the clarity of the guidance.

II. Discussion

    The staff considered the comments and has decided to defer pursuing 
action on the draft ISG. Thus, draft SFST-ISG-26A is being withdrawn. 
From the comments received, the staff concluded that the guidance as 
written is not clear and would require substantial revision to be well 
understood as well as meet the needs of the staff. Although the staff 
still finds that guidance regarding the issues addressed in draft SFST-
ISG-26A would be useful, especially in relation to high dose-rate 
transfer casks, there are recent developments that also touch on some 
of these issues that the staff finds are appropriate to pursue in lieu 
of the ISG. This includes the staff's consideration of a petition to 
make changes to 10 CFR Part 72 (PRM-72-7) and the staff's consideration 
of an update to NUREG-1745, ``Standard Format and Content for Technical 
Specifications for 10 CFR part 72 Cask Certificates of Compliance.''
    The staff finds withdrawing the draft ISG is appropriate 
considering the initiating event that caused the staff to write draft 
SFST-ISG-26A has thus far been an isolated event from several years 
ago, and the staff has not seen any applications for the use of high 
dose-rate transfer casks since then. However, the staff will continue 
to monitor for events or actions (particularly those involving transfer 
casks) that may indicate there is a need for the ISG prior to 
completion of, or in addition to, the other efforts.
    With regard to the review procedure priority levels, the staff 
currently finds that the generic priority levels in NUREG-1536 
sufficiently meet the staff's commitment of ensuring the appropriate 
level of effort for these reviews. However, the staff will also monitor 
the use of these procedures to determine any further need for 
enhancement.

    Dated at Rockville, Maryland, this 24th day of February 2014.

    For the Nuclear Regulatory Commission.
Mark D. Lombard,
Director, Division of Spent Fuel Storage and Transportation, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 2014-05017 Filed 3-6-14; 8:45 am]
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