[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Rules and Regulations]
[Page 35911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14867]



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Federal Register / Vol. 79, No. 122 / Wednesday, June 25, 2014 / 
Rules and Regulations

[[Page 35911]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2013-0271]
RIN 3150-AJ31


List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. 
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System; 
Amendment No. 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct Final Rule; Withdrawal.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a 
direct final rule that would have revised its spent fuel storage 
regulations to include Amendment No. 3 to Certificate of Compliance 
(CoC) No. 1029, Transnuclear, Inc. Standardized Advanced NUHOMS[supreg] 
Horizontal Modular Storage System listing within the ``List of approved 
spent fuel storage casks.'' The NRC is taking this action because it 
has received at least one significant adverse comment in response to a 
companion proposed rule that was concurrently published with the direct 
final rule.

DATES: Effective June 25, 2014, the NRC withdraws the direct final rule 
published at 79 FR 21121 on April 15, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0271 when contacting the 
NRC about the availability of information for this action. You may 
access publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0271. 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.
     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 pdr.resource@nrc.gov.
     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: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Programs, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555; telephone: 301-415-6103, email: 
Naiem.Tanious@nrc.gov.

SUPPLEMENTARY INFORMATION: On April 15, 2014 (79 FR 21121), the NRC 
published in the Federal Register a direct final rule amending its 
regulations in part 72 of Title 10 of the Code of Federal Regulations 
to include Amendment No. 3 to CoC No. 1029, Transnuclear, Inc. 
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System 
listing within the ``List of approved spent fuel storage casks.'' The 
direct final rule was to become effective on June 30, 2014. The NRC 
also concurrently published a companion proposed rule on April 15, 2014 
(79 FR 21156).
    In the April 15, 2014, proposed rule, the NRC stated that if any 
significant adverse comments were received, a document that withdraws 
the direct final rule would be published in the Federal Register. As a 
result, the direct final rule would not take effect. The NRC received 
12 comments from private citizens and one comment letter from two 
attorneys representing 20 environmental organizations and individuals. 
The NRC also received one comment from a private citizen after the 
public comment period ended. The public comments are available at 
www.regulations.gov by searching on Docket ID NRC-2013-0271. The NRC 
determined that at least one of the comments is significant and 
adverse. The comment, submitted by two attorneys on behalf of 20 
environmental organizations and individuals, raises a concern that the 
direct final rule approves ``a significant and unprecedented change to 
the permissible uses of the 32PTH2 DSC: the transportation of high 
burnup fuel.'' Although this amendment does not approve the 
transportation of high burnup fuel, in this instance the NRC considers 
this comment to be a significant adverse comment as defined in Section 
I, Procedural Background, of the direct final rule because the comment 
raises an issue serious enough to warrant a substantive response to 
clarify or complete the record. Therefore, the NRC is withdrawing the 
direct final rule.
    As stated in the April 15, 2014, proposed rule, the NRC will 
address the comments in a subsequent final rule. The NRC will not 
initiate a second comment period on this action.

    Dated at Rockville, Maryland, this 16th day of June, 2014.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2014-14867 Filed 6-24-14; 8:45 am]
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