[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Proposed Rules]
[Pages 41901-41903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10480]


 ========================================================================
 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. 89, No. 94 / Tuesday, May 14, 2024 / Proposed 
Rules  

[[Page 41901]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72 and 73

[Docket No. PRM-72-6; NRC-2009-0558; NRC-2008-0649]
RIN 3150-AI78


Independent Spent Fuel Storage Installation Security Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Discontinuation of rulemaking activity; denial of petition for 
rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing 
the rulemaking activity, ``Independent Spent Fuel Storage Installation 
Security Requirements for Radiological Sabotage,'' and denying Request 
11 in the associated petition for rulemaking (PRM), PRM-72-6. The 
purpose of this action is to inform members of the public that this 
rulemaking activity is being discontinued and to provide a brief 
discussion of the NRC's decision to discontinue the rulemaking and deny 
the petition. The rulemaking activity will no longer be reported in the 
NRC's portion of the Unified Agenda of Regulatory and Deregulatory 
Actions (the Unified Agenda).

DATES: As of May 14, 2024, the rulemaking activity discussed in this 
document is discontinued and Request 11 in the petition for rulemaking 
is denied.

ADDRESSES: Please refer to Docket IDs NRC-2009-0558 or NRC-2008-0649 
when contacting the NRC about the availability of information for this 
action. You may obtain publicly available information related to this 
action by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2009-0558 or NRC-2008-
0649. Address questions about NRC dockets to Angella Love Blair; email: 
[email protected]. For technical questions, contact the 
individuals 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6244; email: 
[email protected]; or Johari Moore, Office of Nuclear Security 
and Incident Response; telephone: 301-287-3787; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Independent Spent Fuel Storage Installation (ISFSI) Security 
Requirements Rulemaking

    In SECY-07-0148, ``Independent Spent Fuel Storage Installation 
Requirements for Radiological Sabotage,'' dated August 28, 2007, the 
NRC staff proposed to develop new security requirements to update the 
security regulations for ISFSIs. Following subsequent analysis, as 
directed by the Commission in staff requirements memorandum (SRM) SRM-
COMKLS-18-003, ``Fiscal Year 2020 Budget to the Commission,'' dated 
August 22, 2018, and SRM-SECY-19-0100, ``Discontinuation of Rulemaking-
Independent Spent Fuel Storage Installation Security Requirements,'' 
dated August 4, 2021, the staff provided SECY-22-0098, ``Rulemaking 
Options for Revising Security Requirements for Facilities Storing Spent 
Nuclear Fuel and High-Level Radioactive Waste.''
    In SECY-22-0098, the staff outlined its determination that the 
current regulatory framework, including the additional requirements in 
the post-9/11 security orders, provides reasonable assurance of 
adequate protection of public health and safety for facilities storing 
spent nuclear fuel and high-level radioactive waste and recommended 
that the Commission approve discontinuing the rulemaking directed by 
the Commission in SRM-SECY-07-0148, ``Staff Requirements--SECY-07-
0148--Independent Spent Fuel Storage Installation Security Requirements 
for Radiological Sabotage.'' In SRM-SECY-22-0098, dated October 4, 
2023, the Commission approved discontinuing the rulemaking.

B. Petition for Rulemaking

    Section 2.802 of title 10 of the Code of Federal Regulations (10 
CFR), ``Petition for rulemaking,'' provides an opportunity for any 
interested person to petition the Commission to issue, amend, or 
rescind any regulation. On November 24, 2008, the NRC received a PRM 
filed by Sandra Gavutis (the petitioner), Executive Director of C-10 
Research and Education Foundation, Inc. The petitioner requested that 
the NRC amend its regulations concerning dry cask safety, security, 
transferability, and longevity. The petitioner made 12 specific 
requests in the petition. The NRC docketed the petition as PRM-72-6 and 
documented it in the Federal Register for public comment on March 3, 
2009 (74 FR 9178). The staff discussed its review of the petition and 
the comments received in SECY-12-0079, ``Partial Closure of Petition 
for Rulemaking (PRM-72-6) C-10 Research and Education Foundation, 
Inc.,'' dated June 1, 2012. The Commission approved the staff's 
recommendation for partial closure of the PRM in SRM-SECY-12-0079, 
dated September 7, 2012. In a Federal Register document dated October 
16, 2012 (77 FR 63254), the NRC denied 9 of the petitioner's 12 
specific requests (Requests 1-3, 5-8, 10, and 12), reserved 2 requests 
for future

[[Page 41902]]

rulemaking determination (Requests 4 and 9), and accepted 1 request 
(Request 11) for consideration as part of the ISFSI security 
requirements rulemaking effort. Subsequently, the NRC announced its 
final decision to deny Requests 4 and 9 in the Federal Register on June 
24, 2016 (81 FR 41258). As stated in the petition, Request 11 in PRM-
72-6 requested that the NRC amend its regulations to do the following:

    [R]equire Hardened On-Site Storage (HOSS) at all nuclear power 
plants as well as away-from-reactor dry cask storage sites: that all 
nuclear industry interim on-site or off-site dry cask storage 
installations or ISFSIs be fortified against attack. In addition all 
sites should be safeguarded against accident and age-related 
leakage.

    In SECY-19-0100, the staff recommended that the Commission deny 
Request 11 in PRM-72-6. Following the receipt of SRM-SECY-22-0098, the 
NRC staff submitted SECY-24-0006, ``Denial of Request 11 in PRM-72-6 as 
Part of Notice Discontinuing Independent Spent Fuel Storage 
Installation Security Requirements Rulemaking,'' dated January 22, 
2024. In SRM-SECY-24-0006, dated January 31, 2024, the Commission 
approved the staff's recommendation.

II. Discussion

A. Discontinuation of Rulemaking Activity

    In SRM-SECY-22-0098, dated October 4, 2023, the Commission approved 
discontinuing the rulemaking. The NRC finds that the current regulatory 
framework provides reasonable assurance of adequate protection of 
public health and safety for facilities storing spent nuclear fuel and 
high-level radioactive waste, regardless of the ISFSI license type or 
location. The NRC's experience shows that the staff, licensees, 
applicants, and other stakeholders have been able to understand and 
apply the existing ISFSI security requirements, and the NRC has 
successfully addressed the appropriate security considerations for new 
license applicants on a case-by-case basis.

B. Denial of Petition for Rulemaking

    Following the receipt of SRM-SECY-22-0098, the NRC staff submitted 
SECY-24-0006, ``Denial of Request 11 In PRM-72-6 as Part of Notice 
Discontinuing Independent Spent Fuel Storage Installation Security 
Requirements Rulemaking,'' dated January 22, 2024. The staff 
recommended that the Commission deny Request 11 in PRM-72-6. The staff 
also noted that, in the 2012 Federal Register document that accepted 
Request 11 for consideration within the context of the ISFSI security 
rulemaking effort (77 FR 63254, 63256), the NRC stated that it has not 
mandated hardened on-site storage because the NRC ``has, consistently, 
found that the robust nature of dry cask storage systems approved by 
the NRC under 10 CFR part 72 assures the protection of public health, 
safety, and security.'' This statement was made in 2012 in response to 
public comments on Request 11. In SRM-SECY-24-0006, dated January 31, 
2024, the Commission approved the staff's recommendation. The NRC is 
denying Request 11 in PRM-72-6 because the NRC has found that the 
existing security requirements for ISFSIs, together with the additional 
requirements in the post-9/11 security orders, provide reasonable 
assurance of adequate protection of public health and safety.

III. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

----------------------------------------------------------------------------------------------------------------
                        Document                             ADAMS accession No. or Federal Register citation
----------------------------------------------------------------------------------------------------------------
Petition for Rulemaking, ``The C-I0 Research and          ML083470148.
 Education Foundation Inc. Petition for NRC Rulemaking
 to Upgrade Interim Dry Cask Storage Code Requirements''
 (November 24, 2008).
10 CFR Part 72, ``C-10 Research and Education             74 FR 9178.
 Foundation, Inc.; Receipt of Petition for Rulemaking''
 (March 3, 2009).
SECY-12-0079, ``Partial Closure of Petition for           ML12251A238.
 Rulemaking (PRM-72-6) C-10 Research and Education
 Foundation, Inc.'' (September 7, 2012).
10 CFR Part 72, ``Petition for Rulemaking Submitted by C- 77 FR 63254.
 10 Research and Education Foundation, Inc.: Petition
 for rulemaking; partial consideration in the rulemaking
 process'' (October 16, 2012).
10 CFR Part 72, ``Petition for Rulemaking Submitted by C- 81 FR 41258.
 10 Research and Education Foundation, Inc.: Petition
 for rulemaking; denial'' (June 24, 2016).
SRM-SECY-07-0148, ``Staff Requirements--SECY-07-0148--    ML073530119.
 Independent Spent Fuel Storage Installation Security
 Requirements for Radiological Sabotage'' (December 18,
 2017).
SRM-COMKLS-18-003, ``Fiscal Year 2020 Budget to the       ML18234A238 (nonpublic, budget information).
 Commission'' (August 22, 2018).
SECY-19-0100, ``Discontinuation of Rulemaking-            ML19172A301 (package).
 Independent Spent Fuel Storage Installation Security
 Requirements'' (October 9, 2019).
SRM-SECY-19-0100, ``Staff Requirements--SECY-19-0100--    ML21217A045.
 Discontinuation of Rulemaking Independent Spent Fuel
 Storage Installation Security Requirements'' (August 4,
 2021).
SECY-22-0098, ``Rulemaking Options for Revising Security  ML22243A143 (package).
 Requirements for Facilities Storing Spent Nuclear Fuel
 and High-Level Radioactive Waste'' (November 30, 2022).
SRM-SECY-22-0098, ``Staff Requirements--SECY-22-0098--    ML23277A281.
 Rulemaking Options for Revising Security Requirements
 for Facilities Storing Spent Nuclear Fuel and High-
 Level Radioactive Waste'' (October 4, 2023).
SECY-07-0148, ``Independent Spent Fuel Storage            ML080250294.
 Installation Requirements for Radiological Sabotage''
 (August 28, 2007).
SRM-SECY-24-0006, ``Denial of Request 11 in Petition for  ML24031A573.
 Rulemaking (PRM)-72-6 as Part of Notice Discontinuing
 Independent Spent Fuel Storage Installation Security
 Requirements Rulemaking'' (January 31, 2024).
----------------------------------------------------------------------------------------------------------------

IV. Conclusion

    The NRC is discontinuing the ISFSI security requirements rulemaking 
and is denying Request 11 in PRM-72-6 for the reasons discussed in this 
document. In the next edition of the Unified Agenda, the NRC will 
update the entry for this rulemaking activity and reference this 
document to indicate that the rulemaking activity is no longer being 
pursued. This rulemaking activity will appear in the Completed Actions 
section of that edition of the Unified Agenda but will not appear in 
future editions. If the NRC decides to pursue

[[Page 41903]]

similar or related rulemaking activities in the future, it will inform 
the public through new rulemaking entries in the Unified Agenda.

    Dated: May 2, 2024.

    For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-10480 Filed 5-13-24; 8:45 am]
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