[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Proposed Rules]
[Pages 77606-77607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30679]



10 CFR Parts 72 and 73

RIN 3150-AI78

Security Requirements for Facilities Storing Spent Nuclear Fuel

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory basis; availability of responses to public 


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC), published, on 
December 16, 2009, a notice of availability and request for comment on 
the NRC's draft regulatory basis [previously known as the technical 
basis] document for a proposed rulemaking that would revise the 
security requirements for storing spent nuclear fuel (SNF) in an 
independent spent fuel storage installation (ISFSI), and for storing 
SNF and/or high-level radioactive waste (HLW) in a monitored 
retrievable storage installation (MRS). The draft regulatory basis, 
comments on the draft regulatory basis, and the NRC staff's responses 
to these comments, are located on the Federal e-Rulemaking Web site at 
http://www.rulemaking.gov under Docket ID: NRC-2009-0558 and copies may 
also be obtained using the other methods specified below.

ADDRESSES: Please refer to Docket ID NRC-2009-0558 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2009-0558. 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 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. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the section of this 
document entitled, Availability of Documents.
     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: Susan Stuchell, Office of Nuclear 
Security and Incident Response, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-3609; email: 
[email protected].

SUPPLEMENTARY INFORMATION: In 2007, the Commission approved the 
initiation of a rulemaking recommended by the NRC staff in SECY-07-
0148, to strengthen security requirements at ISFSIs. On December 16, 
2009 (74 FR 66589), the NRC staff published in the Federal Register a 
notice of availability and request for comment on the NRC staff's draft 
regulatory basis for the rulemaking. In light of opposition, expressed 
in comments, on some of the key technical approaches discussed in the 
draft regulatory basis, the staff sought direction from the Commission 
concerning the proposed rulemaking. In SRM-SECY-10-0114, the Commission 
directed the staff to continue its assessment of the threat against 
ISFSIs, engage stakeholders, develop draft guidance, and provide a 
supplemental paper (now due on May 14, 2014) to evaluate whether 
changes in the proposed rulemaking's direction are necessary. The NRC 
staff is still in the information gathering stage for this planned 
security rulemaking.
    The comments on the draft regulatory basis have been summarized for 
purposes of clarity and conciseness and grouped together into 20 
subject areas. Five individuals or groups submitted written comments on 
the draft regulatory basis, and their comments have been assigned the 
following identification (ID) numbers:

                                                          Commenter's ID
                        Commenter                               No.
U.S. Department of Energy...............................             (1)
Nuclear Energy Institute................................             (2)
Union of Concerned Scientists...........................             (3)
Anonymous via Greenpeace................................             (4)
Prairie Island Indian Community.........................             (5)

    The NRC staff has responded to all comments. The comment summaries 
and the staff's responses are available in ADAMS under Accession No. 
    Availability of Documents: The following table lists the documents 
that are available to the public and how they may be obtained:

[[Page 77607]]

                    Document                         PDR         Web               ADAMS Accession No.
Draft Technical Basis, Revision 1 (December              X           X   ML093280743.
 2009) [NRC-2009-0558].
Commission: SECY-10-0114 (August 26, 2010).....          X   ..........  ML101960614.
Commission: SRM-SECY-10-0114 (November 16,               X           X   ML103210025.
Commission: SECY-07-0148 (redacted) (August 28,          X           X   ML080030050.
Commission: SRM-SECY-07-0148 (December 18,               X           X   ML073530119.
Comment: Nuclear Energy Institute, January 29,           X           X   ML100341196.
Comment: Prairie Island Indian Community,                X           X   ML100341215.
 January 31, 2010.
Comment: Anonymous, January 31, 2010...........          X           X   ML100341214.
Comment: Department of Energy, February 1, 2010          X           X   ML100341195.
Comment: Union of Concerned Scientists, January          X           X   ML100341213.
 31, 2010.
Comment Summaries and Responses................          X           X   ML13085A150.

    Dated at Rockville, Maryland, this 17th day of December 2013.

    For the Nuclear Regulatory Commission.
Mark Thaggard,
 Deputy Director, Division of Security Policy, Office of Nuclear 
Security and Incident Response.
[FR Doc. 2013-30679 Filed 12-23-13; 8:45 am]