List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 3, 60672-60674 [E6-17077]
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60672
Proposed Rules
Federal Register
Vol. 71, No. 199
Monday, October 16, 2006
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1792
RIN 0572–AC01
Seismic Safety
Rural Utilities Service, USDA.
Proposed rule.
AGENCY:
jlentini on PROD1PC65 with PROPOSAL
ACTION:
SUMMARY: The Rural Utilities Service, an
agency which administers the U.S.
Department of Agriculture’s Rural
Development Utilities Programs
(hereinafter ‘‘USDA Rural
Development’’ or the ‘‘Agency,’’) is
amending its regulations to update the
seismic safety requirements of the
Agency. These amendments will
provide Agency borrowers (including
Rural Telephone Bank borrowers), grant
recipients, and the public with updated
rules for compliance with seismic safety
requirements for new building
construction using loan, grant, or
guaranteed funds of the Agency, or
funds provided through lien
accommodations or subordinations
approved by the Agency.
In the final rule section of this
Federal Register, USDA Rural
Development is publishing this action
as a direct final rule without prior
proposal because it views this as a noncontroversial action and anticipates no
adverse comments. If no adverse
comments are received in response to
the direct final rule, no further action
will be taken on this proposed rule and
the action will become effective at the
time specified in the direct final rule. If
USDA Rural Development receives
adverse comments, a timely document
will be published withdrawing the
direct final rule and all public
comments received will be addressed in
a subsequent final rule based on this
action.
Comments on this proposed
action must be received by the agency
via facsimile transmission or carry a
DATES:
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17:26 Oct 13, 2006
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postmark or equivalent no later than
November 15, 2006.
NUCLEAR REGULATORY
COMMISSION
Submit adverse comments
or notice of intent to submit adverse
comments by either of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and, in the
lower ‘‘Search Regulations and Federal
Actions’’ box, select ‘‘Rural Utilities
Service’’ from the agency drop-down
menu, then click on ‘‘Submit.’’ In the
Docket ID column, select RUS–06–
Agency–0049 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
• Postal Mail/Commercial Delivery:
Please send your comment addressed to
Richard Annan, Director, Program
Development and Regulatory Analysis,
USDA Rural Development, 1400
Independence Avenue, STOP 1522,
Room 5159, Washington, DC 20250–
1522. Please state that your comment
refers to Docket No. RUS–06–Agency–
0049.
Other Information: Additional
information about Rural Development
and its programs is available on the
Internet at https://www.rurdev.usda.gov/
index.html.
10 CFR Part 72
ADDRESSES:
Mr.
Donald Heald, Structural Engineer,
Transmission Branch, Electric Staff
Division, USDA Rural Development,
1400 Independence Avenue, SW., STOP
1569, Washington, DC 20250–1569.
Telephone: (202) 720–9102. Fax: (202)
720–7491.
FOR FURTHER INFORMATION CONTACT:
See the
Supplementary Information provided in
the direct final rule located in the Rules
and Regulations final rule section of this
Federal Register for the applicable
supplementary information on this
action.
SUPPLEMENTARY INFORMATION:
Dated: September 27, 2006.
James M. Andrew,
Administrator, Rural Utilities Service.
[FR Doc. E6–17063 Filed 10–13–06; 8:45 am]
BILLING CODE 3410–15–P
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RIN 3150–AH98
List of Approved Spent Fuel Storage
Casks: HI–STORM 100 Revision 3
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. 3 to Certificate
of Compliance Number 1014.
Amendment No. 3 would revise
Technical Specification (TS) 3.1.3, to
eliminate cooling of the Multi-Purpose
Canister (MPC) cavity prior to reflood
with water, as part of cask unloading
operations; TS 3.3.1, to allow linear
interpolation between minimal soluble
boron concentrations, for certain fuel
enrichments in the MPC–32/32F;
Appendix B, Section 1, to make
modifications to the definitions of fuel
debris, damaged fuel assembly, and
non-fuel hardware; and Appendix B,
Section 2, to permit the storage of
pressurized water reactor fuel
assemblies with annular fuel pellets in
the top and bottom 12 inches of the
active fuel length. Other changes would
be made to incorporate minor editorial
corrections.
DATES: Comments on the proposed rule
must be received on or before November
15, 2006.
ADDRESSES: You may submit comments
by any one of the following methods.
Please include the following number
(RIN 3150–AH98) 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
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.
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jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Proposed Rules
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
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.
ML062130434, ML061980040, and
ML062130467, 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. 3 to CoC
VerDate Aug<31>2005
17:26 Oct 13, 2006
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60673
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 January 2, 2007.
However, if the NRC receives significant
adverse comments by November 15,
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.
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
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.
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Frm 00002
Fmt 4702
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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,
Public Law 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); Public Law 95–
601, sec. 10, 92 Stat. 2951 as amended by
Public Law 102–486, sec. 7902, 106 Stat.
3123 (42 U.S.C. 5851); sec. 102, Public Law
91–190, 83 Stat. 853 (42 U.S.C. 4332); secs.
131, 132, 133, 135, 137, 141, Public Law 97–
425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,
Public Law 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), Public Law
109–58, 119 Stat. 806–810 (42 U.S.C. 2014,
2021, 2021b, 2111).
Section 72.44(g) also issued under secs.
142(b) and 148(c), (d), Public Law 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, Public Law 97–425, 96 Stat.
2230 (42 U.S.C. 10154). Section 72.96(d) also
issued under sec. 145(g), Public Law 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), Public Law 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 1014 is revised to read as
follows:
§ 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:
June 7, 2005.
Amendment Number 3 Effective Date:
January 2, 2007.
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.
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60674
*
Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Proposed Rules
Model Number: HI–STORM 100.
*
*
*
*
Dated at Rockville, Maryland, this 22nd
day of September, 2006.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. E6–17077 Filed 10–13–06; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 327
Initial Regulatory Flexibility Act
Analysis
RIN 3064–AD09
Assessments: Initial Regulatory
Flexibility Act Analysis
Federal Deposit Insurance
Corporation.
ACTION: Notice of proposed rulemaking;
supplemental notice.
jlentini on PROD1PC65 with PROPOSAL
AGENCY:
SUMMARY: On July 24, 2006, the Federal
Deposit Insurance Corporation (FDIC)
issued a notice of proposed rulemaking
with request for comments to better
price deposit insurance for risk as
required by the Federal Deposit
Insurance Act, as amended by the
Federal Deposit Insurance Reform Act
(’’Reform Act’’) (see 71 FR 41910 (July
24, 2006)). The FDIC is supplementing
that notice of proposed rulemaking with
an initial regulatory flexibility analysis
to aid the public in commenting upon
the small business impact of its
proposed rule.
DATES: Comments on the initial
regulatory flexibility analysis must be
received on or before October 26, 2006.
ADDRESSES: You may submit comments,
identified by ‘‘Regulatory Flexibility Act
Analysis’’, by any of the following
methods:
• Agency Web site: https://
www.FDIC.gov/regulations/laws/
federal/propose.html.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments/Legal
ESS, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
• Hand Delivered/Courier: The guard
station at the rear of the 550 17th Street
Building (located on F Street), on
business days between 7 a.m. and 5 p.m.
• E-mail: comments@FDIC.gov.
Include ‘‘RFA Analysis’’ in the subject
line of the message.
• Public Inspection: Comments may
be inspected and photocopied in the
FDIC Public Information Center, Room
E–1002, 3502 Fairfax Drive, Arlington,
Virginia 22226, between 9 a.m. and 5
p.m. on business days.
VerDate Aug<31>2005
17:26 Oct 13, 2006
Instructions: Submissions received
must include the agency name and RIN
for this rulemaking. Comments received
will be posted without change to https://
www.FDIC.gov/regulations/laws/
federal/propose.html, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Munsell W. St. Clair, Senior Policy
Analyst, Division of Insurance and
Research, (202) 898–8967; and
Christopher Bellotto, Counsel, Legal
Division, (202) 898–3801.
SUPPLEMENTARY INFORMATION:
Jkt 211001
The Reform Act 1 requires that the
FDIC prescribe final regulations, after
notice and opportunity for comment, to
provide for deposit insurance
assessments under section 7(b) of the
Federal Deposit Insurance Act (the FDI
Act). This notice supplements the
FDIC’s initial notice of proposed
rulemaking , 71 FR 41910 (July 24,
2006), to amend 12 CFR 327 to: (1)
Create different risk differentiation
frameworks for smaller and larger
institutions that are well capitalized and
well managed; (2) establish a common
risk differentiation framework for all
other insured institutions; and (3)
establish a base assessment rate
schedule. The proposal would improve
risk differentiation and deposit
insurance pricing by drawing upon
established measures of risk and
existing best practices of the industry
and Federal regulators for evaluating
risk. The proposal would make the
assessment system more sensitive to risk
and fairer, by limiting the subsidization
of riskier institutions by safer ones. The
60-day period for public comment on
the proposed rule expired on September
22, 2006.
The FDIC’s notice of proposed
rulemaking did not include an initial
regulatory flexibility analysis pursuant
to the Regulatory Flexibility Act (RFA)
(5 U.S.C. 603) based on an exception for
rules of particular applicability relating
to rates or practices relating to such
rates, which are expressly excluded
from the definition of ‘‘rule’’ for
purposes of the RFA (5 U.S.C. 601). The
FDIC continues to believe that the rate
exception applies to this rulemaking.
Nonetheless, the FDIC is voluntarily
undertaking an initial regulatory
flexibility analysis of the proposal and
seeking comment on it.
1 Federal Deposit Insurance Reform Act of 2005,
Public Law 109–171, 120 Stat. 9; Federal Deposit
Insurance Conforming Amendments Act of 2005,
Public Law 109–173, 119 Stat. 3601.
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The Reform Act requires that the FDIC
prescribe final regulations, after notice
and opportunity for comment, to
provide for deposit insurance
assessments under section 7(b) of the
Federal Deposit Insurance Act (the FDI
Act).2 The Reform Act enacted the bulk
of the recommendations made by the
FDIC in 2001; it defines a risk-based
system generally as one based on an
institution’s probability of incurring loss
to the deposit insurance fund due to the
composition and concentration of the
institution’s assets and liabilities, the
likely amount of loss, and the revenue
needs of the Deposit Insurance Fund
(DIF).3
The Reform Act also grants the FDIC’s
Board of Directors the discretion to
price deposit insurance according to
risk for all insured institutions
regardless of the level of the fund
reserve ratio; it leaves in place the
existing statutory provision allowing the
FDIC to ‘‘establish separate risk-based
assessment systems for large and small
members of the Deposit Insurance
Fund.’’ 4 These separate systems are
subject to a new requirement that ‘‘[n]o
insured depository institution shall be
barred from the lowest-risk category
solely because of size.’’ 5 In short,
Congress directed the FDIC to
differentiate for risk among all
depository institutions and gave it the
tools to do so.
The FDIC’s proposal would improve
risk differentiation and pricing by
drawing upon established measures of
risk and existing best practices of the
industry and Federal regulators for
evaluating risk. The FDIC believes that
the proposal would make the
assessment system more sensitive to
risk, and also make the risk-based
assessment system fairer, by limiting the
subsidization of riskier institutions by
safer ones. The proposed system for risk
differentiation would consolidate the
existing nine categories into four and
name them Risk Categories I, II, III and
IV. Risk Category I would replace the
current 1A risk category (see 71 FR
41910).
Within Risk Category I, the FDIC
proposed one method of risk
differentiation for small institutions
2 Pursuant to the Reform Act, current assessment
regulations remain in effect until the effective date
of new regulations. Section 2109 of the Reform Act.
The Reform Act requires the FDIC, within 270 days
of enactment, to prescribe final regulations, after
notice and opportunity for comment, providing for
assessments under section 7(b) of the Federal
Deposit Insurance Act. Section 2109(a)(5) of the
Reform Act.
3 12 U.S.C. 1817(b)(1)(A) and (C).
4 12 U.S.C. 1817(b)(1)(D).
5 Section 2104(a)(2) of the Reform Act (to be
codified at 12 U.S.C. 1817(b)(2)(D)).
E:\FR\FM\16OCP1.SGM
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Agencies
[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Proposed Rules]
[Pages 60672-60674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17077]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH98
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
3
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
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. 3 to Certificate of Compliance Number 1014.
Amendment No. 3 would revise Technical Specification (TS) 3.1.3, to
eliminate cooling of the Multi-Purpose Canister (MPC) cavity prior to
reflood with water, as part of cask unloading operations; TS 3.3.1, to
allow linear interpolation between minimal soluble boron
concentrations, for certain fuel enrichments in the MPC-32/32F;
Appendix B, Section 1, to make modifications to the definitions of fuel
debris, damaged fuel assembly, and non-fuel hardware; and Appendix B,
Section 2, to permit the storage of pressurized water reactor fuel
assemblies with annular fuel pellets in the top and bottom 12 inches of
the active fuel length. Other changes would be made to incorporate
minor editorial corrections.
DATES: Comments on the proposed rule must be received on or before
November 15, 2006.
ADDRESSES: You may submit comments by any one of the following methods.
Please include the following number (RIN 3150-AH98) 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 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.
[[Page 60673]]
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 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. ML062130434,
ML061980040, and ML062130467, 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. 3 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
January 2, 2007. However, if the NRC receives significant adverse
comments by November 15, 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 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, Public Law 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);
Public Law 95-601, sec. 10, 92 Stat. 2951 as amended by Public Law
102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102,
Public Law 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132,
133, 135, 137, 141, Public Law 97-425, 96 Stat. 2229, 2230, 2232,
2241, sec. 148, Public Law 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), Public Law 109-58,
119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Public Law 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, Public Law 97-425, 96 Stat.
2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec.
145(g), Public Law 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), Public Law 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 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: June 7, 2005.
Amendment Number 3 Effective Date: January 2, 2007.
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.
[[Page 60674]]
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 22nd day of September, 2006.
For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. E6-17077 Filed 10-13-06; 8:45 am]
BILLING CODE 7590-01-P