List of Approved Spent Fuel Storage Casks: VSC-24 Revision 6, 14120-14122 [E6-4083]
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14120
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
crop insurance policy, the
administrative appeal provisions
published at 7 CFR part 11 and 7 CFR
400, subpart J for the informal
administrative review process of good
farming practices, as applicable, must be
exhausted before any action against
FCIC for judicial review may be brought.
Environmental Evaluation
This action is not expected to have a
significant economic impact on the
quality of the human environment,
health, and safety. Therefore, neither an
Environmental Assessment nor an
Environmental Impact Statement is
needed.
cprice-sewell on PROD1PC66 with PROPOSALS
Background
FCIC proposes to amend the Common
Crop Insurance Regulations (7 CFR part
457) by revising § 457.122, Walnut Crop
Insurance Provisions, and § 457.123,
Almond Crop Insurance Provisions
effective for the 2007 and succeeding
crop years. Currently, the policy
requires that almond trees reach the
seventh growing season after set out
before the almonds are eligible for
insurance coverage. Walnut trees need
to reach the ninth growing season after
set out before the walnuts are eligible
for insurance coverage. Set out occurs
when the tree is transplanted into the
orchard. This rule will reduce the age
requirement for insurability of almond
trees from the seventh to the sixth year
after set out and reduce the age
requirement for insurability of walnut
trees from the ninth to the seventh year
after set out.
This change is being made because
newer varieties of almond and walnut
trees are more vigorous, and produce at
an earlier age. The newer varieties are
planted more densely, achieve full
canopy sooner, and come into full
production earlier. The almond and
walnut industries research of breeding
programs and cultural practices shows
that almonds and walnuts begin bearing
production as early as third and fourth
growing seasons respectively, and are at
full production at the sixth and seventh
growing season after set out. Therefore,
there is no increased risk from allowing
insurance to attach earlier.
List of Subjects in 7 CFR Part 457
Crop insurance, Almonds, Walnuts,
Reporting and recordkeeping
requirements.
Proposed Rule
Accordingly, as set forth in the
preamble, the Federal Crop Insurance
Corporation proposes to amend 7 CFR
part 457 Common Crop Insurance
Regulations, for the 2007 and
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succeeding crops years, to read as
follows:
NUCLEAR REGULATORY
COMMISSION
PART 457—COMMON CROP
INSURANCE REGULATIONS
10 CFR Part 72
RIN 3150–AH87
1. The authority citation for 7 CFR
part 457 continues to read as follows:
Authority: 7 U.S.C. 1506(1), 1506(p).
2. Amend § 457.122 as follows:
A. Revise the first sentence of the
introductory text.
B. Revise paragraph 6(d).
The revisions to § 457.122 read as
follows:
§ 457.122 Walnut crop insurance
provisions.
The walnut crop insurance provisions
for the 2007 and succeeding crop years
are as follows:
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*
*
6. Insured Crop
*
*
*
*
*
(d) On acreage where at least 90
percent of the trees have reached at least
the seventh growing season after set out,
unless otherwise provided in the
Special Provisions or by a written
agreement that coverage may be
provided for trees not meeting this
requirement.
*
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*
*
3. Amend § 457.123 as follows:
A. Revise the first sentence of the
introductory text.
B. Revise paragraph 6(e).
The revision to section 457.123 to
read as follows:
§ 457.123 Almond crop insurance
provisions.
The almond crop insurance
provisions for the 2007 and succeeding
crop years are as follows:
*
*
*
*
*
6. Insured Crop
*
*
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*
(e) On acreage where at least 90
percent of the trees have reached at least
the sixth growing season after set out,
unless otherwise provided in the
Special Provisions or by a written
agreement that coverage may be
provided for trees not meeting this
requirement.
*
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*
Signed in Washington, DC, on February 28,
2006.
Byron Anderson,
Acting Manager, Federal Crop Insurance
Corporation.
[FR Doc. 06–2074 Filed 3–20–06; 8:45 am]
BILLING CODE 3410–08–P
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List of Approved Spent Fuel Storage
Casks: VSC–24 Revision 6
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations revising the BNG
Fuel Solutions Corporation VSC–24
cask system listing within the ‘‘List of
Approved Spent Fuel Storage Casks’’ to
include Amendment No. 6 to the
Certificate of Compliance. Amendment
No. 6 would modify the present cask
system design to revise the Technical
Specification (TS) requirements related
to periodic monitoring during storage
operation. Specifically, the amendment
would eliminate TS 1.3.4 that requires
daily temperature measurement of the
cask. The daily temperature
measurement is not required because
the daily visual inspection of the cask
inlet and outlet vent screens, required
by TS 1.3.1, provides the capability to
determine when corrective action needs
to be taken to maintain safe storage
conditions under the requirements that
govern general design criteria for spent
fuel storage casks. This is because the
visual inspection would determine if
the cask inlets and outlets were blocked
(the focus of the thermal analysis
submitted by the CoC holder). The
amendment would also revise TS 1.2.3
to correspond with TS 1.3.1 by revising
the method of thermal performance
evaluation to allow for daily
temperature surveillance after the cask
has reached thermal equilibrium. In
addition, the amendment would update
editorial changes associated with the
company name change from BNFL Fuel
Solutions Corporation to BNG Fuel
Solutions Corporation.
DATES: Comments on the proposed rule
must be received on or before April 20,
2006.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include the following number
(RIN 3150–AH87) 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
comment will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
personal information such as social
E:\FR\FM\21MRP1.SGM
21MRP1
cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
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 Certificate of Compliance
(CoC), TS, and preliminary safety
evaluation report (SER) can be found
under ADAMS Accession Nos.
ML053330269, ML053340113, and
ML053330282, respectively.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION: For
additional information see the direct
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15:06 Mar 20, 2006
Jkt 208001
final rule published in the final rules
section of this Federal Register.
Procedural Background
This rule is limited to the changes
contained in Amendment No. 6 to CoC
No. 1007 and does not include other
aspects of the VSC–24 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 June 5, 2006.
However, if the NRC receives significant
adverse comments by April 20, 2006,
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 TS.
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;
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14121
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 is
revised 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);
sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10
(42 U.S.C. 2014, 2021, 2021b, 2111).
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, 2224 (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 1007 is revised to read as
follows:
§ 72.214 List of approved spent fuel
storage casks.
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*
*
*
*
Certificate Number: 1007.
Initial Certificate Effective Date: May 7,
1993.
Amendment Number 1 Effective Date:
May 30, 2000.
Amendment Number 2 Effective Date:
September 5, 2000.
Amendment Number 3 Effective Date:
May 21, 2001.
Amendment Number 4 Effective Date:
February 3, 2003.
Amendment Number 5 Effective Date:
September 13, 2005.
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Proposed Rules
Amendment Number 6 Effective Date:
June 5, 2006.
SAR Submitted by: BNG Fuel Solutions
Corporation.
SAR Title: Final Safety Analysis Report
for the Ventilated Storage Cask
System.
Docket Number: 72–1007.
Certificate Expiration Date: May 7, 2013.
Model Number: VSC–24.
*
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*
Dated at Rockville, Maryland, this 3rd day
of March, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E6–4083 Filed 3–20–06; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, 91, 121, 125, and 129
[Docket No. FAA–2005–22997; Notice No.
05–14]
RIN 2120–A123
Reduction of Fuel Tank Flammability in
Transport Category Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM); extension of comment period.
cprice-sewell on PROD1PC66 with PROPOSALS
AGENCY:
SUMMARY: This action extends the
comment period for an NPRM published
on November 23, 2005. In the NPRM,
the FAA proposed new rules that would
require operators and manufacturers of
transport category airplanes to take
steps that, in combination with other
required actions, should greatly reduce
the chance of a catastrophic fuel tank
explosion. The extension of the
comment period is a result of requests
from a number of entities to allow
public comment on new information
that has recently been placed in the
public docket.
DATES: Send your comments on or
before May 8, 2006.
ADDRESSES: You may send comments on
the NPRM, identified by Docket No.
FAA–2005–22997, using any of the
following methods:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
and follow the instructions for sending
your comments electronically.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 400
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15:06 Mar 20, 2006
Jkt 208001
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Fax: 1–202–493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For more information on the
rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
the NPRM.
Privacy: We will post all comments
we receive, without change, to https://
dms.dot.gov, including any personal
information you provide. For more
information, see the Privacy Act
discussion in the SUPPLEMENTARY
INFORMATION section of the NPRM.
FOR FURTHER INFORMATION CONTACT:
Michael E. Dostert, FAA Propulsion/
Mechanical Systems Branch, ANM–112,
Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind
Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–2132,
facsimile (425–227–1320); e-mail:
mike.dostert@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA continues to invite
interested persons to take part in this
rulemaking by sending written
comments, data, or views about the
NPRM we issued on November 17,
2005, Reduction of Fuel Tank
Flammability in Transport Category
Airplanes (70 FR 70922, November 23,
2005). We also invite comments about
the economic, environmental, energy, or
federalism impacts that might result
from adopting the proposals in the
NPRM. The most helpful comments
reference a specific portion of the
NPRM, explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
Background
On November 17, 2005, the Federal
Aviation Administration (FAA) issued
Notice No. 05–14, Reduction of Fuel
Tank Flammability in Transport
Category Airplanes (70 FR 70922,
November 23, 2005). The comment
period for the NPRM ends on March 23,
2006.
We received requests from a number
of entities to extend the comment period
on this NPRM by 60 days. These entities
noted that information contained in a
report prepared for the FAA by Sandia
National Laboratories, that assesses the
effectiveness of previous actions
resulting from SFAR 88 at reducing the
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Sfmt 4702
occurrence of ignition sources and
associated accident rate resulting from
fuel tank explosions, has only recently
been placed in the public docket and
they requested additional time to
consider this information in their
comments. In addition, the FAA will
include copies of independent peer
reviews of the Sandia Report and the
Fuel Tank Flammability Assessment
User’s Manual, in the public docket for
the NPRM.
The FAA agrees with the petitioners’
requests for an extension of the
comment period. We recognize the
NPRM’s contents are significant and
complex. Also, the original comment
period is insufficient because the
additional information was not available
in the public docket earlier in the
comment period. Further, we
understand that additional requests for
extensions will be filed shortly by some
entities that will be directly affected by
the proposals in the NPRM. We have
determined that an additional 45 days
will be sufficient to allow for all
commenters to collect and send
information they believe necessary for
the FAA to understand their concerns
on the proposed rules and the
additional information recently added
to the NPRM public docket as
previously discussed. Absent unusual
circumstances, the FAA does not
anticipate any further extension of the
comment period for the NPRM.
On November 18, 2005, we issued a
Notice of availability of proposed AC
25.981–2A, Fuel Tank Flammability,
and request for comments (70 FR 71365;
November 28, 2005). This Notice
announced the availability of and
requested comments on a proposed AC
which sets forth an acceptable means,
but not the only means, of
demonstrating compliance with the
provisions of the airworthiness
standards in the NPRM. The comment
period for the proposed AC ends on
March 23, 2006 and is also being
extended by 45 days. The extension of
the comment period for the proposed
AC is being published concurrently
with this extension.
Extension of Comment Period
In accordance with 14 CFR 11.47(c),
the FAA has reviewed the requests of a
number of entities for an extension of
the comment period to the NPRM. The
FAA finds that an extension of the
comment period for Notice No. 05–14 is
consistent with the public interest, and
that good cause exists for taking this
action.
Accordingly, the comment period for
Notice No. 05–14 is extended until May
8, 2006.
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Agencies
[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Proposed Rules]
[Pages 14120-14122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4083]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH87
List of Approved Spent Fuel Storage Casks: VSC-24 Revision 6
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations revising the BNG Fuel Solutions Corporation VSC-24 cask
system listing within the ``List of Approved Spent Fuel Storage Casks''
to include Amendment No. 6 to the Certificate of Compliance. Amendment
No. 6 would modify the present cask system design to revise the
Technical Specification (TS) requirements related to periodic
monitoring during storage operation. Specifically, the amendment would
eliminate TS 1.3.4 that requires daily temperature measurement of the
cask. The daily temperature measurement is not required because the
daily visual inspection of the cask inlet and outlet vent screens,
required by TS 1.3.1, provides the capability to determine when
corrective action needs to be taken to maintain safe storage conditions
under the requirements that govern general design criteria for spent
fuel storage casks. This is because the visual inspection would
determine if the cask inlets and outlets were blocked (the focus of the
thermal analysis submitted by the CoC holder). The amendment would also
revise TS 1.2.3 to correspond with TS 1.3.1 by revising the method of
thermal performance evaluation to allow for daily temperature
surveillance after the cask has reached thermal equilibrium. In
addition, the amendment would update editorial changes associated with
the company name change from BNFL Fuel Solutions Corporation to BNG
Fuel Solutions Corporation.
DATES: Comments on the proposed rule must be received on or before
April 20, 2006.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AH87) 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 comment will not be edited to remove any identifying or contact
information, the NRC cautions you against including personal
information such as social
[[Page 14121]]
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
Certificate of Compliance (CoC), TS, and preliminary safety evaluation
report (SER) can be found under ADAMS Accession Nos. ML053330269,
ML053340113, and ML053330282, respectively.
FOR FURTHER INFORMATION CONTACT: 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.
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 No. 6 to
CoC No. 1007 and does not include other aspects of the VSC-24 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 June 5, 2006. However, if
the NRC receives significant adverse comments by April 20, 2006, 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 TS.
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 is revised 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); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C.
2014, 2021, 2021b, 2111).
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, 2224 (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 1007 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1007.
Initial Certificate Effective Date: May 7, 1993.
Amendment Number 1 Effective Date: May 30, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: May 21, 2001.
Amendment Number 4 Effective Date: February 3, 2003.
Amendment Number 5 Effective Date: September 13, 2005.
[[Page 14122]]
Amendment Number 6 Effective Date: June 5, 2006.
SAR Submitted by: BNG Fuel Solutions Corporation.
SAR Title: Final Safety Analysis Report for the Ventilated Storage Cask
System.
Docket Number: 72-1007.
Certificate Expiration Date: May 7, 2013.
Model Number: VSC-24.
* * * * *
Dated at Rockville, Maryland, this 3rd day of March, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E6-4083 Filed 3-20-06; 8:45 am]
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