List of Approved Spent Fuel Storage Casks: NUHOMS®, 9548-9550 [05-3737]
Download as PDF
<![CDATA[
9548
Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules
in order to improve, develop, or finance
business, industry, and employment
and improve the economic and
environmental climate in rural
communities. To do that in a cost
efficient manner for the taxpayer, RBS is
proposing to implement an annual
renewal fee. This will reduce the
subsidy but will allow us to maintain
the level of assistance that has been
historically provided for this program at
a level or even reduced cost to the
taxpayers.
The proposed annual renewal fee is
based on Small Business Administration
(SBA) programs and is adopted for this
program to provide additional funds to
supplement the available funds
appropriate to the program, thereby
allowing the program to reach more
potential applicants. Additionally, this
type of fee is consistent with the
recently authorized Renewable Energy
Systems and Energy Efficiency
Improvements Guaranteed Loan
Program within RBS. The borrower pool
for the B&I Guaranteed Loan is even
more likely to be able to afford this type
of fee than the other programs
mentioned because they are not
required to lack the ability to get credit
elsewhere.
The SBA 7(a) Loan Guarantee
Program and the B&I program are
similar in that they both require an
initial one-time fee; and 7(a) loans have
an annual fee similar to the one being
proposed for the B&I program. In fiscal
year 1996, SBA made major changes in
its 7(a) program by lowering the
maximum percentage of the loan which
could be guaranteed and increasing both
the initial fee and the annual fee, which
made the program more expensive and
less valuable for borrowers and lenders.
We examined changes in loan volume
and loss levels associated with these
changes, and found no convincing
evidence that the FY96 changes
decreased demand for the 7(a) program.
Subsidy rates are established using
historic loss data from the program and
other assumptions. In recent years the
subsidy rate has increased significantly,
resulting in a reduction in the amount
of loans that could be guaranteed with
the same budget authority. In the
absence of additional budgetary
authority, the proposed annual fee is
necessary to cover expected losses from
the program. The effect of the fee on the
loan demand and program activity over
the long term will depend on the size of
the fee and other factors not related to
the fee, including interest rates and
general economic growth. This
proposed change is prudent and cost
efficient and will allow us to maintain
the level of assistance going to rural
VerDate jul<14>2003
22:42 Feb 25, 2005
Jkt 205001
America at a reasonable cost to the
taxpayer.
List of Subjects in 7 CFR Part 4279
Loan programs— Business and
industry—Rural development
assistance, Rural areas.
Therefore, chapter XLII, title 7, Code
of Federal Regulations, is proposed to be
amended as follows:
PART 4279—GUARANTEED
LOANMAKING
1. The authority citation for part 4279
is revised to read as follows:
Authority: 5 U.S.C 301, 7 U.S.C 1989.
Subpart B—Business and Industry
Loans
2. Section 4279.107 is revised to read
as follows:
§ 4279.107
Guarantee fee.
(a) For all new loans there are two
types of non-refundable guarantee fees
to be paid by the borrower to the lender
and forwarded to the Agency. The fees
may be forwarded to the Agency by a
check payable to USDA/Rural
Development, using Agency Form
‘‘Annual Renewal Fee Transmittal’’ or
an USDA-approved electronic funds
transfer system. The fee rate will be
published annually by a notice in the
Federal Register.
(1) The initial fee is paid at the time
the Loan Note Guarantee is issued. The
fee may be included as an eligible loan
purpose in the guaranteed loan. The fee
will be the rate (a specified percentage)
multiplied by the principal loan
amount, multiplied by the percent of
guarantee.
(2) The annual renewal fee is paid
once a year and is required to maintain
the enforceability of the guarantee as to
the lender.
(i) The annual renewal fee is the rate
established by Rural Development in the
annual notice in the Federal Register,
multiplied by the outstanding principal
loan amount, as of December 31 of each
year. The rate of the fee is the rate in
effect at the time of original issuance of
the Conditional Commitment for the
loan and will remain in effect for the life
of the loan.
(ii) Annual renewal fees are due on
March 1. Payments not received by
April 1 are delinquent and will result in
cancellation of the guarantee to the
lender. Holders’ rights will continue in
effect as specified in the Loan Note
Guarantee. For loans where the Loan
Note Guarantee is issued between
October 1 and December 31, the first
annual guarantee fee payment is due
March 1 of the second year following
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
the date the Loan Note Guarantee was
issued.
(b) Subject to specified annual limits
set by the Agency, the initial guarantee
fee may be reduced to 1 percent if the
borrower’s business supports valueadded agriculture and results in farmers
benefiting financially, or
(1) Is a high impact business
development investment in accordance
with § 4279.155(b)(5), and
(2) Is located in a rural community
that is:
(i) Experiencing long-term population
decline and job deterioration, or
(ii) Has remained persistently poor
over the last 60 years, or
(iii) Experiencing trauma as a result of
natural disaster, or
(iv) That is experiencing fundamental
structural changes in its economic base.
Dated: February 16, 2005.
Gilbert Gonzalez,
Acting Under Secretary, Rural Development.
[FR Doc. 05–3775 Filed 2–25–05; 8:45 am]
BILLING CODE 3410–XY–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
RIN 3150–AH63
List of Approved Spent Fuel Storage
Casks: NUHOMS–24PT4 Revision
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations revising the
Transnuclear, Inc., Standardized
Advanced NUHOMS System listing
within the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 1 to Certificate of Compliance
Number (CoC No.) 1029. Amendment
No. 1 would add another Dry Shielded
Canister, designated NUHOMS–24PT4,
to the authorized contents of the
Standardized Advanced NUHOMS
System. Also, the NRC staff is proposing
that changes be made to the rule to
correct a typographical error that
incorrectly states the expiration date of
the CoC.
DATES: Comments on the proposed rule
must be received on or before March 30,
2005.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include the following number
(RIN 3150–AH63) in the subject line of
your comments. Comments on
rulemakings submitted in writing or in
E:\FR\FM\28FEP1.SGM
28FEP1
Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules
electronic form will be made available
for public inspection. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
personal information such as social
security numbers and birth dates in
your submission.
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. If
you do not receive a reply e-mail
confirming that we have received your
comments, contact us directly at (301)
415–1966. You may also submit
comments via the NRC’s rulemaking
Web site at https://ruleforum.llnl.gov.
Address questions about our rulemaking
Web site to Carol Gallagher (301) 415–
5905; e-mail cag@nrc.gov. Comments
can also be submitted via the Federal
eRulemaking Portal https://
www.regulations.gov.
Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 pm
Federal workdays (telephone (301) 415–
1966).
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at (301)
415–1101.
Publicly available documents related
to this rulemaking may be viewed
electronically on the public computers
at the NRC’s Public Document Room
(PDR), O–1F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland. Selected documents,
including comments, can be viewed and
downloaded electronically via the NRC
rulemaking Web site at https://
ruleforum.llnl.gov.
Publicly available documents created
or received at the NRC after November
1, 1999, are available electronically at
the NRC’s Electronic Reading Room at
https://www.nrc.gov/NRC/ADAMS/
index.html. From this site, the public
can gain entry into the NRC’s
Agencywide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. If you do not have
access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
PDR Reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr@nrc.gov. An electronic copy of the
proposed CoC and preliminary safety
evaluation report can be found under
ADAMS Accession No. ML043650049.
FOR FURTHER INFORMATION CONTACT:
Jayne M. McCausland, telephone (301)
415–6219, e-mail, jmm2@nrc.gov of the
Office of Nuclear Material Safety and
VerDate jul<14>2003
22:42 Feb 25, 2005
Jkt 205001
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
For additional information see the
direct final rule published in the final
rules section of this Federal Register.
Procedural Background
This rule is limited to the changes
contained in Amendment 1 to CoC No.
1029 and does not include other aspects
of the Standardized Advanced
NUHOMS System design. The NRC is
using the ‘‘direct final rule procedure’’
to issue this amendment because it
represents a limited and routine change
to an existing CoC that is expected to be
noncontroversial. Adequate protection
of public health and safety continues to
be ensured. The direct final rule will
become effective on May 16, 2005.
However, if the NRC receives significant
adverse comments by March 30, 2005,
then the NRC will publish a document
that withdraws the direct final rule and
will subsequently address the comments
received, in a final rule. The NRC will
not initiate a second comment period on
this action.
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-andcomment process. For example, in a
substantive response:
(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 CoC or Technical Specifications.
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,
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
9549
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; 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
1. The authority citation for part 72
continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.
929, 930, 932, 933, 934, 935, 948, 953, 954,
955, as amended, sec. 234, 83 Stat. 444, as
amended (42 U.S.C. 2071, 2073, 2077, 2092,
2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub.
L. 86–373, 73 Stat. 688, as amended (42
U.S.C. 2021); sec. 201, as amended, 202, 206,
88 Stat. 1242, as amended, 1244, 1246 (42
U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.
10, 92 Stat. 2951 as amended by Pub. L. 102–
486, sec. 7902, 106 Stat. 3123 (42 U.S.C.
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853
(42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230,
2232, 2241, sec. 148, Pub. L. 100–203, 101
Stat. 1330–235 (42 U.S.C. 10151, 10152,
10153, 10155, 10157, 10161, 10168); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 72.44(g) also issued under secs.
142(b) and 148(c), (d), Pub. L. 100–203, 101
Stat. 1330–232, 1330–236 (42 U.S.C.
10162(b), 10168(c),(d)). Section 72.46 also
issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230
(42 U.S.C. 10154). Section 72.96(d) also
issued under sec. 145(g), Pub. L. 100–203,
101 Stat. 1330–235 (42 U.S.C. 10165(g)).
Subpart J also issued under secs. 2(2), 2(15),
2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.
2202, 2203, 2204, 2222, 2244 (42 U.S.C.
10101, 10137(a), 10161(h)). Subparts K and L
are also issued under sec. 133, 98 Stat. 2230
(42 U.S.C. 10153) and sec. 218(a), 96 Stat.
2252 (42 U.S.C. 10198).
2. In § 72.214, Certificate of
Compliance 1029 is revised to read as
follows:
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1029.
Initial Certificate Effective Date:
February 5, 2003.
Amendment Number 1 Effective Date:
May 16, 2005.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report
for the Standardized Advanced
E:\FR\FM\28FEP1.SGM
28FEP1
9550
Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Proposed Rules
NUHOMS Horizontal Modular
Storage System for Irradiated Nuclear
Fuel.
Docket Number: 72–1029.
Certificate Expiration Date: February 5,
2023.
Model Number: Standardized Advanced
NUHOMS–24PT1, NUHOMS–
24PT4.
Dated at Rockville, Maryland, this 14th day
of February, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05–3737 Filed 2–25–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
RIN 3150–AH64
List of Approved Spent Fuel Storage
Casks: HI-STORM 100 Revision
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations revising the
Holtec International HI-STORM 100
cask system listing within the ‘‘List of
Approved Spent Fuel Storage Casks’’ to
include Amendment No. 2 to Certificate
of Compliance Number (CoC No.) 1014.
Amendment No. 2 would modify the
present cask system design to include
changes to materials used in
construction, changes to the types of
fuel that can be loaded, changes to
shielding and confinement
methodologies and assumptions,
revisions to various temperature limits,
changes in allowable fuel enrichments,
and other changes to reflect current NRC
staff guidance and use of industry codes
under a general license.
DATES: Comments on the proposed rule
must be received on or before March 30,
2005.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include the following number
(RIN 3150–AH64) in the subject line of
your comments. Comments on
rulemakings submitted in writing or in
electronic form will be made available
for public inspection. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
personal information such as social
security numbers and birth dates in
your submission.
VerDate jul<14>2003
22:42 Feb 25, 2005
Jkt 205001
Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. If
you do not receive a reply e-mail
confirming that we have received your
comments, contact us directly at (301)
415–1966. You may also submit
comments via the NRC’s rulemaking
website at https://ruleforum.llnl.gov.
Address questions about our rulemaking
website to Carol Gallagher (301) 415–
5905; e-mail cag@nrc.gov. Comments
can also be submitted via the Federal
eRulemaking Portal https://
www.regulations.gov.
Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 pm
Federal workdays (telephone (301) 415–
1966).
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at (301)
415–1101.
Publicly available documents related
to this rulemaking may be viewed
electronically on the public computers
at the NRC’s Public Document Room
(PDR), O–1F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland. Selected documents,
including comments, can be viewed and
downloaded electronically via the NRC
rulemaking website at https://
ruleforum.llnl.gov.
Publicly available documents created
or received at the NRC after November
1, 1999, are available electronically at
the NRC’s Electronic Reading Room at
https://www.nrc.gov/NRC/ADAMS/
index.html. From this site, the public
can gain entry into the NRC’s
Agencywide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. If you do not have
access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC
PDR Reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
pdr@nrc.gov. An electronic copy of the
proposed CoC and preliminary safety
evaluation report (SER) can be found
under ADAMS Accession No.
ML043640359.
FOR FURTHER INFORMATION CONTACT:
Jayne M. McCausland, telephone (301)
415–6219, e-mail, jmm2@nrc.gov of the
Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION: For
additional information see the direct
final rule published in the final rules
section of this Federal Register.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
Procedural Background
This rule is limited to the changes
contained in Amendment 2 to CoC No.
1014 and does not include other aspects
of the HI-STORM 100 cask system
design. The NRC is using the ‘‘direct
final rule procedure’’ to issue this
amendment because it represents a
limited and routine change to an
existing CoC that is expected to be
noncontroversial. Adequate protection
of public health and safety continues to
be ensured. The direct final rule will
become effective on May 16, 2005.
However, if the NRC receives significant
adverse comments by March 30, 2005,
then the NRC will publish a document
that withdraws the direct final rule and
will subsequently address the comments
received in a final rule. The NRC will
not initiate a second comment period on
this action.
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-andcomment process. For example, in a
substantive response:
(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 CoC or Technical Specifications.
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,
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; and 5 U.S.C. 553; the NRC
E:\FR\FM\28FEP1.SGM
28FEP1
]]>Agencies
[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Proposed Rules]
[Pages 9548-9550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3737]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH63
List of Approved Spent Fuel Storage Casks:
NUHOMS[reg]-24PT4 Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations revising the Transnuclear, Inc., Standardized Advanced
NUHOMS[reg] System listing within the ``List of Approved
Spent Fuel Storage Casks'' to include Amendment No. 1 to Certificate of
Compliance Number (CoC No.) 1029. Amendment No. 1 would add another Dry
Shielded Canister, designated NUHOMS[reg]-24PT4, to the
authorized contents of the Standardized Advanced NUHOMS[reg]
System. Also, the NRC staff is proposing that changes be made to the
rule to correct a typographical error that incorrectly states the
expiration date of the CoC.
DATES: Comments on the proposed rule must be received on or before
March 30, 2005.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AH63) in the subject line
of your comments. Comments on rulemakings submitted in writing or in
[[Page 9549]]
electronic form will be made available for public inspection. Because
your comments will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social security numbers and birth dates in your
submission.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking Web site at https://ruleforum.llnl.gov. Address questions
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
cag@nrc.gov. Comments can also be submitted via the Federal eRulemaking
Portal https://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 pm Federal workdays (telephone (301)
415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this rulemaking may be
viewed electronically on the public computers at the NRC's Public
Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland. Selected documents, including comments, can
be viewed and downloaded electronically via the NRC rulemaking Web site
at https://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's Electronic
Reading Room at https://www.nrc.gov/NRC/ADAMS/. From this
site, the public can gain entry into the NRC's Agencywide Document
Access and Management System (ADAMS), which provides text and image
files of NRC's public documents. If you do not have access to ADAMS or
if there are problems in accessing the documents located in ADAMS,
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. An electronic copy of the proposed CoC and
preliminary safety evaluation report can be found under ADAMS Accession
No. ML043650049.
FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301)
415-6219, e-mail, jmm2@nrc.gov of the Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
For additional information see the direct final rule published in
the final rules section of this Federal Register.
Procedural Background
This rule is limited to the changes contained in Amendment 1 to CoC
No. 1029 and does not include other aspects of the Standardized
Advanced NUHOMS[reg] System design. The NRC is using the
``direct final rule procedure'' to issue this amendment because it
represents a limited and routine change to an existing CoC that is
expected to be noncontroversial. Adequate protection of public health
and safety continues to be ensured. The direct final rule will become
effective on May 16, 2005. However, if the NRC receives significant
adverse comments by March 30, 2005, then the NRC will publish a
document that withdraws the direct final rule and will subsequently
address the comments received, in a final rule. The NRC will not
initiate a second comment period on this action.
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, in a substantive response:
(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 CoC or Technical Specifications.
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, 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; 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
1. The authority citation for part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
2. In Sec. 72.214, Certificate of Compliance 1029 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1029.
Initial Certificate Effective Date: February 5, 2003.
Amendment Number 1 Effective Date: May 16, 2005.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized Advanced
[[Page 9550]]
NUHOMS[reg] Horizontal Modular Storage System for Irradiated Nuclear
Fuel.
Docket Number: 72-1029.
Certificate Expiration Date: February 5, 2023.
Model Number: Standardized Advanced NUHOMS[supreg]-24PT1,
NUHOMS[supreg]-24PT4.
Dated at Rockville, Maryland, this 14th day of February, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-3737 Filed 2-25-05; 8:45 am]
BILLING CODE 7590-01-P
