[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Proposed Rules]
[Pages 63408-63410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24905]


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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: Proposed 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, the OS197L, 
for use with the 32PT and 61BT dry shielded canisters; 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 the direct final rule 
published in the Rules and Regulations section of this issue of the 
Federal Register.

DATES: Submit comments by November 25, 2013. 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: You may submit comments by any one of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):

[[Page 63409]]

     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: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: Rulemaking.Comments@nrc.gov. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

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: Gregory.Trussell@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2012-0020 when contacting the NRC 
about the availability of information for this proposed rule. You may 
access information related to this proposed 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.
     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 pdr.resource@nrc.gov. 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 the preliminary Safety Evaluation 
Report 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 dated April 10, 2007, is 
ML071240088.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2012-0020 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS, and the NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. 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. Because the NRC 
considers this action noncontroversial and routine, the NRC is 
publishing this proposed rule concurrently with a direct final rule in 
the Rules and Regulations section of this issue of the Federal 
Register. Adequate protection of public health and safety continues to 
be ensured. The direct final rule will become effective on January 7, 
2014. However, if the NRC receives significant adverse comments on this 
proposed rule by November 25, 2013, 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 
these proposed revisions in a 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 withdrawn.
    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 additional procedural information and the regulatory analysis 
and the availability of the environmental assessment and finding of no 
significant impact, see the direct final rule published in the Rules 
and Regulations section of this issue of the Federal Register.

III. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on the proposed rule with respect to 
the clarity and effectiveness of the language used.

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,

[[Page 63410]]

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.

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. 2013-24905 Filed 10-23-13; 8:45 am]
BILLING CODE 7590-01-P