List of Approved Spent Fuel Storage Casks: Standardized NUHOMS®, 4615-4618 [E7-1644]
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Rules and Regulations
Federal Register
Vol. 72, No. 21
Thursday, February 1, 2007
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
RIN 3150–AI03
List of Approved Spent Fuel Storage
Casks: Standardized NUHOMS
System Revision 9
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The Nuclear Regulatory
Commission (NRC) is amending its
regulations revising the Transnuclear,
Inc., Standardized NUHOMS System
listing within the ‘‘List of Approved
Spent Fuel Storage Casks’’ to include
Amendment No. 9 to Certificate of
Compliance (CoC) Number 1004.
Amendment No. 9 will modify the CoC
by revising Technical Specifications
1.2.1 and 1.2.14 to add the FramatomeANP, Version 9x9–2 fuel assemblies as
approved contents for storage in the
NUHOMS–61BT dry shielded canister,
under the general license provisions of
10 CFR part 72.
DATES: The final rule is effective April
17, 2007, unless significant adverse
comments are received by March 5,
2007. 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rule is withdrawn, timely notice will be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–AI03) 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
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SUMMARY:
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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://rulemaking.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
CoC No. 1004, the proposed Technical
Specifications (TS), and the preliminary
safety evaluation report (SER) for
Amendment 9 can be found under
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ADAMS Accession Nos. ML062830065,
ML062830067, and ML062830069.
CoC No. 1004, the proposed TS, the
preliminary SER for Amendment No. 9,
and the environmental assessment, 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 Federal and State Materials
and Environmental Management
Programs, 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, Office of Federal
and State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone (301) 415–
6219, e-mail jmm2@nrc.gov.
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
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
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Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Rules and Regulations
December 22, 1994 (59 FR 65898), that
approved the Standardized NUHOMS
System (NUHOMS–24P and –52B)
cask designs and added them to the list
of NRC-approved cask designs in 10
CFR 72.214 as CoC No. 1004.
Amendments 3, 5, and 6, respectively,
added the –61BT, –32PT, –24PHB
designs to the Standardized NUHOMS
System.
Discussion
On April 18, 2006, and as
supplemented on June 21, 2006, the
certificate holder (Transnuclear, Inc.)
submitted an application to the NRC to
amend CoC No. 1004 to permit a Part 72
licensee to store Framatome-ANP,
Version 9x9–2 fuel assemblies (FANP9
9x9–2) in the NUHOMS–61BT dry
shielded canister. No other changes to
the Standardized NUHOMS 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 continues to
be reasonable assurance that public
health and safety and the environment
will be adequately protected.
This direct final rule revises the
Standardized NUHOMS System cask
design listing in 10 CFR 72.214 by
adding Amendment No. 9 to CoC No.
1004. The amendment consists of
changes to the TS that will allow for the
addition of the FANP9 9x9–2 fuel
assemblies as approved contents for
storage in the NUHOMS–61BT dry
shielded canister. The particular TS
which are changed are identified in the
NRC staff’s SER for Amendment No. 9.
The amended Standardized
NUHOMS System, when used under
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. 1004 is revised by
adding the effective date of Amendment
No. 9.
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Procedural Background
This rule is limited to the changes
contained in Amendment 9 to CoC No.
1004 and does not include other aspects
of the Standardized NUHOMS System
design. The NRC is using the ‘‘direct
final rule procedure’’ to issue this
amendment because it represents a
limited and routine change to an
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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 April 17, 2007.
However, if the NRC receives significant
adverse comments by March 5, 2007,
then the NRC will publish a document
that withdraws this action and will
subsequently address the comments
received in a final rule as a response to
the companion proposed rule published
elsewhere in this Federal Register. 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.
Voluntary Consensus Standards
The National Technology Transfer
and Advancement 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 will revise the Standardized
NUHOMS 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 contains generally
applicable requirements.
Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
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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,
‘‘Plain Language in Government
Writing,’’ published June 10, 1998 (63
FR 31883), directed that the
Government’s documents be in clear
and accessible 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 NRC has prepared an
environmental assessment and, on the
basis of this environmental assessment,
has made a finding of no significant
impact. This rule will amend the CoC
for the Standardized NUHOMS 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 CoC by
revising TS 1.2.1 and 1.2.14 to add the
FANP9 9x9–2 fuel assemblies as
approved contents for storage in the
NUHOMS–61BT dry shielded canister.
The environmental assessment 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 environmental assessment
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and finding of no significant impact are
available from Jayne M. McCausland,
Office of Federal and State Materials
and Environmental Management
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–6219, e-mail
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.
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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 10 CFR 72.214. On December 22,
1994 (59 FR 65898), the NRC issued an
amendment to part 72 that approved the
Standardized NUHOMS System design
by adding it to the list of NRC-approved
cask designs in 10 CFR 72.214. On April
18, 2006, and as supplemented on June
21, 2006, the certificate holder,
Transnuclear, Inc., submitted an
application to the NRC to amend CoC
No. 1004 to permit a part 72 licensee to
use the FANP9 9x9–2 fuel assemblies in
the NUHOMS–61BT dry shielded
canister.
The alternative to this action is to
withhold approval of Amendment No. 9
and to require any part 72 licensee
seeking to use Amendment No. 9 to
request an exemption from the
requirements of 10 CFR 72.212 and
72.214. Under this alternative, each
interested part 72 licensee would have
to prepare, and the NRC would have to
review, a separate exemption request,
thereby increasing the administrative
burden upon the NRC and the costs to
each licensee.
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Approval of the direct final rule 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 regulatory analysis, 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
Under 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 TN. 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 size
standards established by the NRC (10
CFR 2.810).
Backfit Analysis
The NRC has determined that the
backfit rule (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 in 10 CFR Chapter I.
Therefore, a backfit analysis is not
required.
Congressional Review Act
Under the Congressional Review 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.
I 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.
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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);
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, 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 1004 is revised to read as
follows:
I
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1004.
Initial Certificate Effective Date:
January 23, 1995.
Amendment Number 1 Effective Date:
April 27, 2000.
Amendment Number 2 Effective Date:
September 5, 2000.
Amendment Number 3 Effective Date:
September 12, 2001.
Amendment Number 4 Effective Date:
February 12, 2002.
Amendment Number 5 Effective Date:
January 7, 2004.
Amendment Number 6 Effective Date:
December 22, 2003.
Amendment Number 7 Effective Date:
March 2, 2004.
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Amendment Number 8 Effective Date:
December 5, 2005.
Amendment Number 9 Effective Date:
April 17, 2007.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis
Report for the Standardized NUHOMS
Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72–1004.
Certificate Expiration Date: January
23, 2015.
Model Number: NUHOMS–24P,
–52B, –61BT, –32PT, –24PHB, and
–24PTH.
*
*
*
*
*
Dated at Rockville, Maryland, this 19th day
of January, 2007.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7–1644 Filed 1–31–07; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Regional Counsel, ACE–7, Attention:
Rules Docket CE255, 901 Locust, Room
506, Kansas City, Missouri 64106; or
delivered in duplicate to the Regional
Counsel at the above address.
Comments must be marked: CE255.
Comments may be inspected in the
Rules Docket weekdays, except Federal
holidays, between 7:30 a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: J.
Lowell Foster, Federal Aviation
Administration, Aircraft Certification
Service, Small Airplane Directorate,
ACE–111, 901 Locust, Room 301,
Kansas City, Missouri, 816–329–4125,
fax 816–329–4090.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
opportunity for prior public comment
hereon are impracticable because the
substance of these special conditions
has been subject to the public comment
process in several prior instances with
no substantive comments received. The
FAA therefore finds that good cause
exists for making these special
conditions effective upon issuance.
Federal Aviation Administration
Comments Invited
14 CFR Part 23
Interested persons are invited to
submit such written data, views, or
arguments as they may desire.
Communications should identify the
regulatory docket or special condition
number and be submitted in duplicate
to the address specified above. All
communications received on or before
the closing date for comments will be
considered by the Administrator. The
special conditions may be changed in
light of the comments received. All
comments received will be available in
the Rules Docket for examination by
interested persons, both before and after
the closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerning
this rulemaking will be filed in the
docket. Commenters wishing the FAA to
acknowledge receipt of their comments
submitted in response to this notice
must include a self-addressed, stamped
postcard on which the following
statement is made: ‘‘Comments to
CE255.’’ The postcard will be date
stamped and returned to the
commenter.
[Docket No. CE255; Special Conditions No.
23–195–SC]
Special Conditions: Aviation
Technology Group (ATG), Inc., Javelin
Model 100 Series Airplane; Flight
Performance, Flight Characteristics,
and Operating Limitations
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
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AGENCY:
SUMMARY: These special conditions are
issued for the Aviation Technology
Group (ATG), Inc., Javelin Model 100
Series airplane. This airplane will have
a novel or unusual design feature(s)
associated with engine location, certain
performance, flight characteristics and
operating limitations necessary for this
type of airplane. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to airworthiness
standards applicable to these airplanes.
DATES: The effective date of these
special conditions is January 24, 2007.
Comments must be received on or
before March 5, 2007.
ADDRESSES: Comments on these special
conditions may be mailed in duplicate
to: Federal Aviation Administration,
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15:01 Jan 31, 2007
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Background
On February 15, 2005, Aviation
Technology Group (ATG); 8001 South
InterPort Boulevard, Suite 310;
Englewood, Colorado 80112–5951,
applied for a type certificate for their
new Model 100 Javelin airplane in
accordance with the airworthiness
standards in 14 CFR, part 23. The
Javelin is a two-place, twin engine,
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turbofan-powered light jet airplane with
a planned maximum operating altitude
of 45,000 feet. Part 23 regulations in
effect on the date of ATG’s application
do not contain adequate or appropriate
safety standards for a small, high
performance jet airplane such as the
Javelin. In accordance with Small
Airplane Directorate policy, the safety
standards for flight performance, flight
characteristics and operational
limitations that the Federal Aviation
Administration (FAA) finds necessary to
establish an acceptable level of safety
for this type of airplane are presented in
this special condition.
Type Certification Basis
Under the provisions of 14 CFR, part
21, § 21.17, ATG must show that the
Model 100 meets the applicable
provisions of part 23, as amended by
Amendment 23–1 through 23–55
thereto. If the Administrator finds that
the applicable airworthiness regulations
(i.e., 14 CFR part 23) do not contain
adequate or appropriate safety standards
for the ATG Model 100 series because
of a novel or unusual design feature,
special conditions are prescribed under
the provisions of § 21.16.
Special conditions, as appropriate, as
defined in § 11.19, are issued in
accordance with § 11.38, and become
part of the type certification basis in
accordance with § 21.17(a)(2).
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, the special conditions
would also apply to the other model
under the provisions of § 21.101(a)(1).
In addition to the applicable
airworthiness regulations and special
conditions, the Model 100 must comply
with the part 23 fuel vent and exhaust
emission requirements of 14 CFR, part
34 and the part 23 noise certification
requirements of 14 CFR part 36; and the
FAA must issue a finding of regulatory
adequacy pursuant to § 611 of Public
Law 92–574, the ‘‘Noise Control Act of
1972.’’
Novel or Unusual Design Features
ATG intends to certificate the Javelin
in both utility and acrobatic categories.
The ATG Javelin Model 100 will
incorporate the following novel or
unusual design features:
• Two-place, tandem configuration.
• Maximum takeoff weight of
approximately 6,900 pounds.
• Design cruise speed of 500 knots
calibrated airspeed.
E:\FR\FM\01FER1.SGM
01FER1
]]>Agencies
[Federal Register Volume 72, Number 21 (Thursday, February 1, 2007)]
[Rules and Regulations]
[Pages 4615-4618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1644]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 /
Rules and Regulations
[[Page 4615]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AI03
List of Approved Spent Fuel Storage Casks: Standardized
NUHOMS[reg] System Revision 9
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations revising the Transnuclear, Inc., Standardized
NUHOMS[reg] System listing within the ``List of Approved
Spent Fuel Storage Casks'' to include Amendment No. 9 to Certificate of
Compliance (CoC) Number 1004. Amendment No. 9 will modify the CoC by
revising Technical Specifications 1.2.1 and 1.2.14 to add the
Framatome-ANP, Version 9x9-2 fuel assemblies as approved contents for
storage in the NUHOMS[reg]-61BT dry shielded canister, under
the general license provisions of 10 CFR part 72.
DATES: The final rule is effective April 17, 2007, unless significant
adverse comments are received by March 5, 2007. 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-AI03) 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.
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://rulemaking.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 CoC No. 1004, the
proposed Technical Specifications (TS), and the preliminary safety
evaluation report (SER) for Amendment 9 can be found under ADAMS
Accession Nos. ML062830065, ML062830067, and ML062830069.
CoC No. 1004, the proposed TS, the preliminary SER for Amendment
No. 9, and the environmental assessment, 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
Federal and State Materials and Environmental Management Programs, 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, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail jmm2@nrc.gov.
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 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
[[Page 4616]]
December 22, 1994 (59 FR 65898), that approved the Standardized
NUHOMS[reg] System (NUHOMS[reg]-24P and -52B)
cask designs and added them to the list of NRC-approved cask designs in
10 CFR 72.214 as CoC No. 1004. Amendments 3, 5, and 6, respectively,
added the -61BT, -32PT, -24PHB designs to the Standardized
NUHOMS[reg] System.
Discussion
On April 18, 2006, and as supplemented on June 21, 2006, the
certificate holder (Transnuclear, Inc.) submitted an application to the
NRC to amend CoC No. 1004 to permit a Part 72 licensee to store
Framatome-ANP, Version 9x9-2 fuel assemblies (FANP9 9x9-2) in the
NUHOMS[reg]-61BT dry shielded canister. No other changes to
the Standardized NUHOMS[reg] 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 continues to be reasonable assurance that public health and
safety and the environment will be adequately protected.
This direct final rule revises the Standardized NUHOMS[supreg]
System cask design listing in 10 CFR 72.214 by adding Amendment No. 9
to CoC No. 1004. The amendment consists of changes to the TS that will
allow for the addition of the FANP9 9x9-2 fuel assemblies as approved
contents for storage in the NUHOMS[supreg]-61BT dry shielded canister.
The particular TS which are changed are identified in the NRC staff's
SER for Amendment No. 9.
The amended Standardized NUHOMS[supreg] System, when used under 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. 1004 is revised by adding the effective date of
Amendment No. 9.
Procedural Background
This rule is limited to the changes contained in Amendment 9 to CoC
No. 1004 and does not include other aspects of the Standardized
NUHOMS[supreg] 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 April 17, 2007. However, if the NRC receives significant
adverse comments by March 5, 2007, then the NRC will publish a document
that withdraws this action and will subsequently address the comments
received in a final rule as a response to the companion proposed rule
published elsewhere in this Federal Register. 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.
Voluntary Consensus Standards
The National Technology Transfer and Advancement 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 will revise
the Standardized NUHOMS[supreg] 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 contains
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, ``Plain Language in Government
Writing,'' published June 10, 1998 (63 FR 31883), directed that the
Government's documents be in clear and accessible 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
NRC has prepared an environmental assessment and, on the basis of this
environmental assessment, has made a finding of no significant impact.
This rule will amend the CoC for the Standardized NUHOMS[supreg] 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 CoC by revising TS 1.2.1 and
1.2.14 to add the FANP9 9x9-2 fuel assemblies as approved contents for
storage in the NUHOMS[supreg]-61BT dry shielded canister. The
environmental assessment 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 environmental assessment
[[Page 4617]]
and finding of no significant impact are available from Jayne M.
McCausland, Office of Federal and State Materials and Environmental
Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone (301) 415-6219, e-mail 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 10 CFR 72.214. On December 22, 1994 (59 FR 65898), the NRC
issued an amendment to part 72 that approved the Standardized
NUHOMS[supreg] System design by adding it to the list of NRC-approved
cask designs in 10 CFR 72.214. On April 18, 2006, and as supplemented
on June 21, 2006, the certificate holder, Transnuclear, Inc., submitted
an application to the NRC to amend CoC No. 1004 to permit a part 72
licensee to use the FANP9 9x9-2 fuel assemblies in the NUHOMS[supreg]-
61BT dry shielded canister.
The alternative to this action is to withhold approval of Amendment
No. 9 and to require any part 72 licensee seeking to use Amendment No.
9 to request an exemption from the requirements of 10 CFR 72.212 and
72.214. Under this alternative, each interested part 72 licensee would
have to prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee.
Approval of the direct final rule 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 regulatory analysis, 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
Under 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 TN. 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 size standards established by the NRC (10 CFR
2.810).
Backfit Analysis
The NRC has determined that the backfit rule (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 in 10 CFR
Chapter I. Therefore, a backfit analysis is not required.
Congressional Review Act
Under the Congressional Review 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); 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, 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).
0
2. In Sec. 72.214, Certificate of Compliance 1004 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1004.
Initial Certificate Effective Date: January 23, 1995.
Amendment Number 1 Effective Date: April 27, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: September 12, 2001.
Amendment Number 4 Effective Date: February 12, 2002.
Amendment Number 5 Effective Date: January 7, 2004.
Amendment Number 6 Effective Date: December 22, 2003.
Amendment Number 7 Effective Date: March 2, 2004.
[[Page 4618]]
Amendment Number 8 Effective Date: December 5, 2005.
Amendment Number 9 Effective Date: April 17, 2007.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear
Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Model Number: NUHOMS[supreg]-24P, -52B, -61BT, -32PT, -24PHB, and -
24PTH.
* * * * *
Dated at Rockville, Maryland, this 19th day of January, 2007.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. E7-1644 Filed 1-31-07; 8:45 am]
BILLING CODE 7590-01-P
