List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision, 9504-9507 [05-3739]
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Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Rules and Regulations
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:
I
§ 72.214 List of approved spent fuel
storage casks.
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*
*
*
*
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
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. 05–3738 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: Direct final rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending 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 will modify the cask
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,
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changes in allowable fuel enrichments,
and other changes to reflect current NRC
staff guidance and use of industry
codes, under a general license.
DATES: The final rule is effective May
16, 2005, unless significant adverse
comments are received by March 30,
2005. 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. If the
rule is withdrawn, timely notice will be
published in the Federal Register.
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.
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 a.m. and 4:15 p.m.
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
located 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
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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.
CoC No. 1014, the revised Technical
Specifications (TS), the underlying SER
for Amendment No. 2, and the
Environmental Assessment (EA), are
available for inspection at the NRC PDR,
11555 Rockville Pike, Rockville, MD.
Single copies of these documents may
be obtained from Jayne M. McCausland,
Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–6219, e-mail
jmm2@nrc.gov.
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:
Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended
(NWPA), requires that ‘‘[t]he Secretary
[of the Department of Energy (DOE)]
shall establish a demonstration program,
in cooperation with the private sector,
for the dry storage of spent nuclear fuel
at civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[t]he
Commission shall, by rule, establish
procedures for the licensing of any
technology approved by the
Commission under Section 218(a) for
use at the site of any civilian nuclear
power reactor.’’
To implement this mandate, the NRC
approved dry storage of spent nuclear
fuel in NRC-approved casks under a
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general license by publishing a final
rule in 10 CFR Part 72 entitled, ‘‘General
License for Storage of Spent Fuel at
Power Reactor Sites’’ (55 FR 29181; July
18, 1990). This rule also established a
new Subpart L within 10 CFR Part 72,
entitled ‘‘Approval of Spent Fuel
Storage Casks’’ containing procedures
and criteria for obtaining NRC approval
of spent fuel storage cask designs. The
NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241), that
approved the Holtec International HI–
STORM 100 cask design and added it to
the list of NRC-approved cask designs in
§ 72.214 as CoC No. 1014.
Discussion
On March 4, 2002, and as
supplemented on October 31, 2002;
August 6 and November 14, 2003;
February 20, April 23, July 22, August
13, October 14, and December 3, 2004,
the certificate holder, Holtec
International, submitted an application
to the NRC to amend CoC No. 1014 to
permit a Part 72 licensee to modify the
cask 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 staff
guidance and use of industry codes,
under a general license. The specific
changes requested in Amendment No. 2
to CoC No. 1014 are listed in the SER.
No other changes to the HI-STORM 100
cask system design were requested in
this application. The NRC staff
performed a detailed safety evaluation
of the proposed CoC amendment request
and found that an acceptable safety
margin is maintained. In addition, the
NRC staff has determined that there is
still reasonable assurance that public
health and safety and the environment
will be adequately protected.
This direct final rule revises the HI–
STORM 100 cask design listing in
§ 72.214 by adding Amendment No. 2 to
CoC No. 1014. The amendment consists
of changes to the TS as described above.
The particular TS which are changed
are identified in the NRC staff’s SER for
Amendment No. 2.
The amended HI–STORM 100 cask
system, when used in accordance with
the conditions specified in the CoC, the
TS, and NRC regulations, will meet the
requirements of Part 72; thus, adequate
protection of public health and safety
will continue to be ensured.
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Discussion of Amendments by Section
Section 72.214 List of Approved Spent
Fuel Storage Casks
Certificate No. 1014 is revised by
adding the effective date of Amendment
Number 2.
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 amendment to the 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 this action and will
address the comments received in
response to the proposed amendments
published elsewhere in this issue of the
Federal Register. 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 TS.
These comments will be addressed in
a subsequent final rule. The NRC will
not initiate a second comment period on
this action.
Voluntary Consensus Standards
The National Technology Transfer Act
of 1995 (Pub. L. 104–113) requires that
Federal agencies use technical standards
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9505
that are developed or adopted by
voluntary consensus standards bodies
unless the use of such a standard is
inconsistent with applicable law or
otherwise impractical. In this direct
final rule, the NRC would revise the HI–
STORM 100 cask system design listed in
§ 72.214 (List of NRC-approved spent
fuel storage cask designs). This action
does not constitute the establishment of
a standard that establishes generally
applicable requirements.
Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
the Commission on June 30, 1997, and
published in the Federal Register on
September 3, 1997 (62 FR 46517), this
rule is classified as Compatibility
Category ‘‘NRC.’’ Compatibility is not
required for Category ‘‘NRC’’
regulations. The NRC program elements
in this category are those that relate
directly to areas of regulation reserved
to the NRC by the Atomic Energy Act of
1954, as amended (AEA), or the
provisions of Title 10 of the Code of
Federal Regulations. Although an
Agreement State may not adopt program
elements reserved to NRC, it may wish
to inform its licensees of certain
requirements via a mechanism that is
consistent with the particular State’s
administrative procedure laws but does
not confer regulatory authority on the
State.
Plain Language
The Presidential Memorandum dated
June 1, 1998, entitled ‘‘Plain Language
in Government Writing,’’ directed that
the Government’s writing be in plain
language. The NRC requests comments
on this direct final rule specifically with
respect to the clarity and effectiveness
of the language used. Comments should
be sent to the address listed under the
heading ADDRESSES above.
Finding of No Significant
Environmental Impact: Availability
Under the National Environmental
Policy Act of 1969, as amended, and the
NRC regulations in Subpart A of 10 CFR
Part 51, the NRC has determined that
this rule, if adopted, would not be a
major Federal action significantly
affecting the quality of the human
environment and, therefore, an
environmental impact statement is not
required. The rule would amend the
CoC for the HI–STORM 100 cask system
within the list of approved spent fuel
storage casks that power reactor
licensees can use to store spent fuel at
reactor sites under a general license.
The amendment will modify the present
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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. The EA and finding of no
significant impact on which this
determination is based are available for
inspection at the NRC Public Document
Room, 11555 Rockville Pike, Rockville,
MD. Single copies of the EA and finding
of no significant impact are available
from Jayne M. McCausland, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone
(301) 415–6219, email jmm2@nrc.gov.
Paperwork Reduction Act Statement
This direct final rule does not contain
a new or amended information
collection requirement subject to the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Existing
requirements were approved by the
Office of Management and Budget,
Approval Number 3150–0132.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
Part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if it
notifies the NRC in advance, spent fuel
is stored under the conditions specified
in the cask’s CoC, and the conditions of
the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On May 1, 2000 (65 FR
25241), the NRC issued an amendment
to Part 72 that approved the HI–STORM
100 cask design by adding it to the list
of NRC-approved cask designs in
§ 72.214. On March 4, 2002, and as
supplemented on October 31, 2002;
August 6 and November 14, 2003;
February 20, April 23, July 22, August
13, October 14, and December 3, 2004,
the certificate holder (Holtec
International) submitted an application
to the NRC to amend CoC No. 1014 to
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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 staff
guidance and use of industry codes
under a general license.
The alternative to this action is to
withhold approval of this amended cask
system design and issue an exemption
to each general license. This alternative
would cost both the NRC and the
utilities more time and money because
each utility would have to pursue an
exemption.
Approval of the direct final rule will
eliminate this problem and is consistent
with previous NRC actions. Further, the
direct final rule will have no adverse
effect on public health and safety. This
direct final rule has no significant
identifiable impact or benefit on other
Government agencies. Based on this
discussion of the benefits and impacts
of the alternatives, the NRC concludes
that the requirements of the direct final
rule are commensurate with the NRC’s
responsibilities for public health and
safety and the common defense and
security. No other available alternative
is believed to be as satisfactory, and
thus, this action is recommended.
Regulatory Flexibility Certification
In accordance with the Regulatory
Flexibility Act of 1980 (5 U.S.C. 605(b)),
the NRC certifies that this rule will not,
if issued, have a significant economic
impact on a substantial number of small
entities. This direct final rule affects
only the licensing and operation of
nuclear power plants, independent
spent fuel storage facilities, and Holtec
International. The companies that own
these plants do not fall within the scope
of the definition of ‘‘small entities’’ set
forth in the Regulatory Flexibility Act or
the Small Business Size Standards set
out in regulations issued by the Small
Business Administration at 13 CFR Part
121.
Backfit Analysis
The NRC has determined that the
backfit rule (10 CFR 50.109 or 10 CFR
72.62) does not apply to this direct final
rule because this amendment does not
involve any provisions that would
impose backfits as defined. Therefore, a
backfit analysis is not required.
Small Business Regulatory Enforcement
Fairness Act
In accordance with the Small
Business Regulatory Enforcement
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Fairness Act of 1996, the NRC has
determined that this action is not a
major rule and has verified this
determination with the Office of
Information and Regulatory Affairs,
Office of Management and Budget.
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. 552 and 553; the
NRC is adopting the following
amendments to 10 CFR part 72.
I
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:
I
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).
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I 2. In § 72.214, Certificate of
Compliance 1014 is revised to read as
follows:
§ 72.214 List of approved spent fuel
storage casks.
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Certificate Number: 1014.
Initial Certificate Effective Date: June
1, 2000.
Amendment Number 1 Effective Date:
July 15, 2002.
Amendment Number 2 Effective Date:
May 16, 2005.
SAR Submitted by: Holtec
International.
SAR Title: Final Safety Analysis
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: June 1,
2020.
Model Number: HI–STORM 100.
*
*
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Dated at Rockville, Maryland, this 14th day
of February, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05–3739 Filed 2–25–05; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL HOUSING FINANCE BOARD
12 CFR Parts 905, 906, 925, 926, 931,
933, 944, 950, and 951
[No. 2005–03]
RIN 3069–AB29
Amendments to the Contractor
Outreach Program for Businesses
Owned by Minorities, Women, or
Individuals With Disabilities
AGENCY:
Federal Housing Finance
Board.
ACTION:
Final rule.
SUMMARY: The Federal Housing Finance
Board (Finance Board) is updating its
regulation establishing a minority
contractors outreach program to reflect
changes in the agency’s procurement
process and organization, to include
individuals with disabilities, and to
make general editorial changes intended
to simplify the rule. The Finance Board
also is adding a new section to its
Description of Organization and
Functions regulation listing the control
numbers and expiration dates for all
agency information collections
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA).
DATES: The final rule will become
effective on March 30, 2005.
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FOR FURTHER INFORMATION CONTACT:
Charles E. McLean, Outreach Advocate,
by electronic mail at mcleanc@fhfb.gov,
by telephone at (202) 408–2537, by
facsimile at (202) 408–2850; David A.
Lee, Associate Director, Human
Resources and Administration Division,
Office of Management, by electronic
mail at leed@fhfb.gov, by telephone at
(202) 408–2514, by facsimile at (202)
408–2530; or Janice A. Kaye, Senior
Attorney-Advisor, Office of General
Counsel, by electronic mail at
kayej@fhfb.gov, by telephone at (202)
408–2505, by facsimile at (202) 408–
2580. You can send regular mail to the
Federal Housing Finance Board, 1777 F
Street, NW., Washington, DC 20006.
SUPPLEMENTARY INFORMATION:
I. Minorities, Women and Individuals
With Disabilities Contractor Outreach
Program
A. Statutory and Regulatory Background
In 1989, Congress enacted a law
requiring the Finance Board and other
federal banking agencies to adopt
regulations intended ‘‘to ensure
inclusion, to the maximum extent
possible, of minorities and women, and
entities owned by minorities and
women * * * in all contracts entered
into by the agency. * * * ’’ See 12
U.S.C. 1833e(c). In response, the
Finance Board adopted a rule
establishing a minority contractors
outreach program.1 The purpose of the
outreach program is to identify and
solicit the participation of businesses
owned by minorities or women in the
Finance Board’s procurement process.
The Finance Board has not revised its
contractor outreach program since
1993.2 Under the current rule, the
outreach program procedurally is more
complex than necessary for an agency
the size of the Finance Board. It also has
been less effective in practice than
anticipated in achieving the goal of
increased participation by minority- and
women-owned businesses in agency
contracts. Additionally, since adoption
of the rule in 1993, the Finance Board’s
contracting process and general
organization have changed. This final
rule will streamline the outreach
program in an effort to improve its
effectiveness and also update it to
reflect the changes in agency
organization and practice.
While not required by statute, the
Finance Board is extending coverage of
the outreach program to businesses
owned by individuals with disabilities.
This is consistent with the intent of the
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2 58
12 CFR 906.5.
FR 19195 (April 13, 1993).
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9507
Rehabilitation Act of 1973, which,
among other things, requires agencies to
enhance the prospects for federal
employment of qualified individuals
with disabilities.3 It also advances the
goals of an Executive Order issued by
the President on October 20, 2004,
which is intended to strengthen
opportunities in federal contracting for
service disabled veterans.4 Other
agencies subject to the contractor
outreach requirement have included
businesses owned by individuals with
disabilities in their program.5
The Finance Board also is making
general editorial changes intended to
simplify the rule and is using a more
user-friendly question-and-answer
format. While the Finance Board is
adopting these changes in the form of a
final rule, comments on ways to
improve the outreach program are
encouraged.
B. Analysis of the Final Rule
1. Purpose
Section 906.10 explains why the
Finance Board has a contractor outreach
program. Consistent with the principles
of full and open competition and best
value acquisition, the purpose of the
outreach program is to ensure that
businesses owned by minorities,
women, and individuals with
disabilities have the opportunity to
participate to the full extent possible in
all Finance Board contracts.
2. Participants
Section 906.11 explains who can
participate in the contractor outreach
program. The definition of the term
‘‘minority’’ is based on guidance
provided by the Equal Employment
Opportunity Commission (EEOC)
concerning the collection and
presentation of data on race and
ethnicity.6 The rule adopts by reference
the definition of the term ‘‘disability’’
used by the EEOC for purposes of the
Rehabilitation Act of 1973.7 Under this
EEOC definition, an individual with a
disability generally means any person
who has a physical or mental
impairment that substantially limits one
or more of such person’s major life
activities, has a record of such an
impairment, or is regarded as having
such an impairment.
To ensure that the benefits of the
program inure to minorities, women,
3 See
29 U.S.C. 701 et seq.
13360, 69 FR 62549 (Oct. 26, 2004).
5 See, e.g., 12 CFR 4.61–4.66 (Office of the
Comptroller of the Currency).
6 EEOC guidance is available at: https://
www.eeoc.gov/stats/census/race_ethnic_data.html.
7 See 29 CFR 1630.2(g) and 1630.3.
4 E.O.
E:\FR\FM\28FER1.SGM
28FER1
Agencies
[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Rules and Regulations]
[Pages 9504-9507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3739]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH64
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending 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 will modify the cask 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: The final rule is effective May 16, 2005, unless significant
adverse comments are received by March 30, 2005. 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. If
the rule is withdrawn, timely notice will be published in the Federal
Register.
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.
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 a.m. and 4:15 p.m. 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 located 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 (SER) can be found under ADAMS
Accession No. ML043640359.
CoC No. 1014, the revised Technical Specifications (TS), the
underlying SER for Amendment No. 2, and the Environmental Assessment
(EA), are available for inspection at the NRC PDR, 11555 Rockville
Pike, Rockville, MD. Single copies of these documents may be obtained
from Jayne M. McCausland, Office of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-6219, e-mail jmm2@nrc.gov.
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:
Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended
(NWPA), requires that ``[t]he Secretary [of the Department of Energy
(DOE)] shall establish a demonstration program, in cooperation with the
private sector, for the dry storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the objective of establishing one or
more technologies that the [Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the NWPA
states, in part, that ``[t]he Commission shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 218(a) for use at the site of any civilian
nuclear power reactor.''
To implement this mandate, the NRC approved dry storage of spent
nuclear fuel in NRC-approved casks under a
[[Page 9505]]
general license by publishing a final rule in 10 CFR Part 72 entitled,
``General License for Storage of Spent Fuel at Power Reactor Sites''
(55 FR 29181; July 18, 1990). This rule also established a new Subpart
L within 10 CFR Part 72, entitled ``Approval of Spent Fuel Storage
Casks'' containing procedures and criteria for obtaining NRC approval
of spent fuel storage cask designs. The NRC subsequently issued a final
rule on May 1, 2000 (65 FR 25241), that approved the Holtec
International HI-STORM 100 cask design and added it to the list of NRC-
approved cask designs in Sec. 72.214 as CoC No. 1014.
Discussion
On March 4, 2002, and as supplemented on October 31, 2002; August 6
and November 14, 2003; February 20, April 23, July 22, August 13,
October 14, and December 3, 2004, the certificate holder, Holtec
International, submitted an application to the NRC to amend CoC No.
1014 to permit a Part 72 licensee to modify the cask 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 staff
guidance and use of industry codes, under a general license. The
specific changes requested in Amendment No. 2 to CoC No. 1014 are
listed in the SER. No other changes to the HI-STORM 100 cask system
design were requested in this application. The NRC staff performed a
detailed safety evaluation of the proposed CoC amendment request and
found that an acceptable safety margin is maintained. In addition, the
NRC staff has determined that there is still reasonable assurance that
public health and safety and the environment will be adequately
protected.
This direct final rule revises the HI-STORM 100 cask design listing
in Sec. 72.214 by adding Amendment No. 2 to CoC No. 1014. The
amendment consists of changes to the TS as described above. The
particular TS which are changed are identified in the NRC staff's SER
for Amendment No. 2.
The amended HI-STORM 100 cask system, when used in accordance with
the conditions specified in the CoC, the TS, and NRC regulations, will
meet the requirements of Part 72; thus, adequate protection of public
health and safety will continue to be ensured.
Discussion of Amendments by Section
Section 72.214 List of Approved Spent Fuel Storage Casks
Certificate No. 1014 is revised by adding the effective date of
Amendment Number 2.
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
amendment to the 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 this action and
will address the comments received in response to the proposed
amendments published elsewhere in this issue of the Federal Register. 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 TS.
These comments will be addressed in a subsequent final rule. The
NRC will not initiate a second comment period on this action.
Voluntary Consensus Standards
The National Technology Transfer Act of 1995 (Pub. L. 104-113)
requires that Federal agencies use technical standards that are
developed or adopted by voluntary consensus standards bodies unless the
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this direct final rule, the NRC would revise the HI-
STORM 100 cask system design listed in Sec. 72.214 (List of NRC-
approved spent fuel storage cask designs). This action does not
constitute the establishment of a standard that establishes generally
applicable requirements.
Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as Compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended (AEA), or the provisions of Title 10 of the Code of
Federal Regulations. Although an Agreement State may not adopt program
elements reserved to NRC, it may wish to inform its licensees of
certain requirements via a mechanism that is consistent with the
particular State's administrative procedure laws but does not confer
regulatory authority on the State.
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled ``Plain
Language in Government Writing,'' directed that the Government's
writing be in plain language. The NRC requests comments on this direct
final rule specifically with respect to the clarity and effectiveness
of the language used. Comments should be sent to the address listed
under the heading ADDRESSES above.
Finding of No Significant Environmental Impact: Availability
Under the National Environmental Policy Act of 1969, as amended,
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has
determined that this rule, if adopted, would not be a major Federal
action significantly affecting the quality of the human environment
and, therefore, an environmental impact statement is not required. The
rule would amend the CoC for the HI-STORM 100 cask system within the
list of approved spent fuel storage casks that power reactor licensees
can use to store spent fuel at reactor sites under a general license.
The amendment will modify the present
[[Page 9506]]
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. The EA and finding of no
significant impact on which this determination is based are available
for inspection at the NRC Public Document Room, 11555 Rockville Pike,
Rockville, MD. Single copies of the EA and finding of no significant
impact are available from Jayne M. McCausland, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone (301) 415-6219, email
jmm2@nrc.gov.
Paperwork Reduction Act Statement
This direct final rule does not contain a new or amended
information collection requirement subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were
approved by the Office of Management and Budget, Approval Number 3150-
0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR Part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if it notifies the NRC in advance, spent fuel is stored
under the conditions specified in the cask's CoC, and the conditions of
the general license are met. A list of NRC-approved cask designs is
contained in Sec. 72.214. On May 1, 2000 (65 FR 25241), the NRC issued
an amendment to Part 72 that approved the HI-STORM 100 cask design by
adding it to the list of NRC-approved cask designs in Sec. 72.214. On
March 4, 2002, and as supplemented on October 31, 2002; August 6 and
November 14, 2003; February 20, April 23, July 22, August 13, October
14, and December 3, 2004, the certificate holder (Holtec International)
submitted an application to the NRC to amend CoC No. 1014 to 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 staff guidance and use of industry
codes under a general license.
The alternative to this action is to withhold approval of this
amended cask system design and issue an exemption to each general
license. This alternative would cost both the NRC and the utilities
more time and money because each utility would have to pursue an
exemption.
Approval of the direct final rule will eliminate this problem and
is consistent with previous NRC actions. Further, the direct final rule
will have no adverse effect on public health and safety. This direct
final rule has no significant identifiable impact or benefit on other
Government agencies. Based on this discussion of the benefits and
impacts of the alternatives, the NRC concludes that the requirements of
the direct final rule are commensurate with the NRC's responsibilities
for public health and safety and the common defense and security. No
other available alternative is believed to be as satisfactory, and
thus, this action is recommended.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the NRC certifies that this rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only the licensing and operation of
nuclear power plants, independent spent fuel storage facilities, and
Holtec International. The companies that own these plants do not fall
within the scope of the definition of ``small entities'' set forth in
the Regulatory Flexibility Act or the Small Business Size Standards set
out in regulations issued by the Small Business Administration at 13
CFR Part 121.
Backfit Analysis
The NRC has determined that the backfit rule (10 CFR 50.109 or 10
CFR 72.62) does not apply to this direct final rule because this
amendment does not involve any provisions that would impose backfits as
defined. Therefore, a backfit analysis is not required.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs, Office of Management and Budget.
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.
0
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. 552 and 553; the NRC is adopting 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: 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).
[[Page 9507]]
0
2. In Sec. 72.214, Certificate of Compliance 1014 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: June 1, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: May 16, 2005.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: June 1, 2020.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 14th day of February, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-3739 Filed 2-25-05; 8:45 am]
BILLING CODE 7590-01-P