List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 6, 26285-26288 [E9-12619]

Download as PDF Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations and by revising paragraphs (a)(2)(iv) and (b)(2)(iii) to read as follows: § 1467.11 Easement and 30-year contract participation requirements. (a) * * * (2) * * * (iv) The right to restore, protect, enhance, maintain, and manage activities on the easement area. * * * * * (b) * * * (2) * * * (iii) The right to restore, protect, enhance, maintain, and manage activities on the enrolled area. * * * * * ■ 6. Section 1467.12 is amended by adding a new sentence at the end of paragraph (b) to read as follows: § 1467.12 The WRPO development. * * * * * (b) * * * NRCS will review, revise, and supplement the WRPO as needed throughout the duration of the enrollment to ensure that program goals are fully and effectively achieved. * * * * * Signed this 26th day of May 2009, in Washington, DC. Virginia (Ginger) L. Murphy, Acting Vice President, Commodity Credit Corporation and Acting Chief, Natural Resources Conservation Service. [FR Doc. E9–12680 Filed 6–1–09; 8:45 am] BILLING CODE 3410–16–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AI60 [NRC–2009–0132] List of Approved Spent Fuel Storage Casks: HI–STORM 100 Revision 6 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI– STORM 100 dry cask storage system listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 6 to Certificate of Compliance (CoC) Number 1014. Amendment No. 6 will modify the CoC to add instrument tube tie rods used for pressurized water reactor 15x15 and 17x17 fuel lattices, for both intact and damaged fuel assemblies, to the VerDate Nov<24>2008 15:57 Jun 01, 2009 Jkt 217001 approved contents of the MPC–24, MPC–24E, MPC–24EF, MPC–32, and MPC–32F models; and to correct legacy editorial issues in Appendices A and B Technical Specifications. DATES: The final rule is effective August 17, 2009, unless significant adverse comments are received by July 2, 2009. 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 If the rule is withdrawn, timely notice will be published in the Federal Register.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 can access publicly available documents related to this document using the following methods: Federal e-Rulemaking Portal: Go to https://www.regulations.gov and search for documents filed under Docket ID [NRC–2009–0132]. Address questions about NRC dockets to Carol Gallagher 301–492–3668; e-mail Carol.Gallagher@nrc.gov. NRC’s Public Document Room (PDR): The public may examine and have copied for a fee publicly available documents at the NRC’s PDR, Public File Area O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this page, the public can gain entry into 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’s PDR Reference staff at 1–800–397–4209, 301–415–4737 or by e-mail to pdr.resource@nrc.gov. An electronic copy of the proposed Certificate of Compliance (CoC), technical specifications (TS), and preliminary safety evaluation report (SER) can be found under ADAMS Package Number ML090290140. CoC No. 1014, the TS, the preliminary SER, and the environmental assessment are available for inspection at the NRC PDR, Public File Area O–1F21, One White Flint North, 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– PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 26285 6219, e-mail Jayne.McCausland@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 Jayne.McCausland@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, which added a new Subpart K within 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,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on May 1, 2000 (65 FR 25241), that approved the HI–STORM 100 cask system design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1014. Discussion On April 15, 2008, and as supplemented August 1, November 17, and November 26, 2008, the certificate holder, Holtec International (Holtec), submitted an application to the NRC that requested an amendment to CoC No. 1014. The amendment included changes to add instrument tube tie rods used for pressurized water reactor 15x15 E:\FR\FM\02JNR1.SGM 02JNR1 26286 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations and 17x17 fuel lattices, for both intact and damaged fuel assemblies, to the approved contents of the MPC–24, MPC–24E, MPC–24EF, MPC–32, and MPC–32F models; and to correct legacy editorial issues in Appendices A and B of the TS. As documented in the SER, 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 HI– STORM 100 cask system listing in 10 CFR 72.214 by adding Amendment No. 6 to CoC No. 1014. The amendment consists of the changes described above, as set forth in the revised CoC and TS. The particular TS which are changed are identified in the SER. The amended HI–STORM 100 cask design, 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. When this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into HI– STORM 100 casks that meet the criteria of Amendment No. 6 to CoC No. 1014 under 10 CFR 72.212. Discussion of Amendments by Section Section 72.214 List of approved spent fuel storage casks. Certificate No. 1014 is revised by adding the effective date of Amendment No. 6. Procedural Background This rule is limited to the changes contained in Amendment No. 6 to CoC No. 1014 and does not include other aspects of the HI–STORM 100 dry storage cask system. 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 August 17, 2009. However, if the NRC receives any significant adverse comments on this direct final rule by July 2, 2009, then the NRC will publish a document that withdraws this action and will subsequently address any comment received in a final rule as a response to the companion proposed rule published elsewhere in this issue of the Federal Register. Absent significant VerDate Nov<24>2008 15:57 Jun 01, 2009 Jkt 217001 modifications to the proposed revisions requiring republication, 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, a substantive response is required when: (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 rule, 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 HI–STORM 100 cask 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 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 HI–STORM 100 cask design 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 add instrument tube tie rods used for pressurized water reactor 15x15 and 17x17 fuel lattices, for both intact and damaged fuel assemblies, to the approved contents of the MPC–24 and MPC–32 models; and correct legacy editorial issues in the Appendices A and B TS. 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, Public File Area O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment 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– E:\FR\FM\02JNR1.SGM 02JNR1 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 6219, e-mail Jayne.McCausland@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, the 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 May 1, 2000 (65 FR 25241), the NRC issued an amendment to Part 72 that approved the HI–STORM 100 cask design by adding it to the list of NRCapproved cask designs in 10 CFR 72.214. On April 15, 2008, and as supplemented August 1, November 17, and November 26, 2008, the certificate holder, Holtec, submitted an application to the NRC to amend CoC No. 1014 to add instrument tube tie rods used for pressurized water reactor 15x15 and 17x17 fuel lattices, for both intact and damaged fuel assemblies, to the approved contents of the MPC–24, MPC–24E, MPC–24EF, MPC–32, and MPC–32F models; and to correct legacy editorial issues in the Appendices A and B TS. The alternative to this action is to withhold approval of Amendment No. 6 and to require any Part 72 general licensee, seeking to load spent fuel into HI–STORM 100 casks under the changes described in Amendment No. 6, 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 VerDate Nov<24>2008 15:57 Jun 01, 2009 Jkt 217001 burden upon the NRC and the costs to each licensee. Approval of the direct final rule is consistent with previous NRC actions. Further, as documented in the SER and the environmental assessment, 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 nuclear power plant licensees and Holtec. These entities 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. 26287 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. 806–10 (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, 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 1014 is revised to read as follows: ■ List of Subjects in 10 CFR Part 72 § 72.214 List of approved spent fuel storage casks. Administrative practice and procedure, Hazardous waste, Nuclear materials, Occupational safety and health, 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; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the * PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 * * * * Certificate Number: 1014. Initial Certificate Effective Date: May 31, 2000. Amendment Number 1 Effective Date: July 15, 2002. Amendment Number 2 Effective Date: June 7, 2005. Amendment Number 3 Effective Date: May 29, 2007. Amendment Number 4 Effective Date: January 8, 2008. Amendment Number 5 Effective Date: July 14, 2008. E:\FR\FM\02JNR1.SGM 02JNR1 26288 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations Amendment Number 6 Effective Date: August 17, 2009. SAR Submitted by: Holtec International. SAR Title: Final Safety Analysis Report for the HI–STORM 100 Cask System. Docket Number: 72–1014. Certificate Expiration Date: June 1, 2020. Model Number: HI–STORM 100. * * * * * Dated at Rockville, Maryland, this 7th day of May 2009. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. E9–12619 Filed 6–1–09; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0498; Directorate Identifier 2009–NM–065–AD; Amendment 39–15923; AD 2009–11–13] Examining the AD Docket RIN 2120–AA64 Airworthiness Directives; Learjet Model 45 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive (AD) for certain Learjet Model 45 airplanes. For certain airplanes, this AD requires repetitive inspections for chafing and other damage of the case drain tube from the hydraulic pump case installed on the left-hand engine, and corrective action if necessary. This AD also requires, for all airplanes, repetitive inspections for discrepancies of the left engine’s nacelle tubing, repetitive inspections for evidence of fluid leakage within the left engine accessory compartment, and corrective actions if necessary. This AD was prompted by reports of chafed hydraulic tubes in the left-hand engine. We are issuing this AD to detect and correct chafed hydraulic tubes in the left-hand engine and consequent hydraulic tube failure and uncontrolled loss of flammable fluid within the engine cowling, which could result in a fire in the engine nacelle and loss of control of the airplane. DATES: This AD is effective June 17, 2009. The Director of the Federal Register approved the incorporation by reference VerDate Nov<24>2008 15:57 Jun 01, 2009 of certain publications listed in the AD as of June 17, 2009. We must receive comments on this AD by August 3, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Learjet, Inc., One Learjet Way, Wichita, Kansas 67209– 2942; telephone 316–946–2000; fax 316–946–2220; e-mail ac.ict@aero.bombardier.com; Internet https://www.bombardier.com. Jkt 217001 You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647– 5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: James P. Galstad, Aerospace Engineer, Systems and Propulsion Branch, ACE– 116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 946–4135; fax (316) 946–4107. SUPPLEMENTARY INFORMATION: Discussion We have received reports of chafing found on hydraulic tubing in the lefthand engine. Specifically, the chafing was found on a case drain tube from the hydraulic pump case installed on the left-hand engine, on the lower forward cowl latch structure on the inboard side of the engine. Chafing was also found on a hydraulic pressure tube, on the hydraulic case drain tube on the lefthand engine, and on the hydraulic supply tube on the oil reservoir on the left-hand engine. Chafed hydraulic PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 tubes in the left-hand engine and consequent hydraulic tube failure and uncontrolled loss of flammable fluid within the engine cowling, if not corrected, could result in a fire in the engine nacelle and loss of control of the airplane. Relevant Service Information We reviewed the following service bulletins: • Bombardier Alert Service Bulletin A45–29–15, dated December 26, 2006. • Bombardier Alert Service Bulletin A40–29–03, dated December 26, 2006. The service bulletins describe procedures for a detailed inspection for chafing and other damage of the case drain tube from the hydraulic pump case installed on the left-hand engine. The service bulletins also describe procedures for repositioning any tube that has damage within certain limits and replacing any tube that has damage that exceeds those limits. We have reviewed the following temporary revisions (TRs): • Learjet 40 Temporary Revision (TR) 71–1, dated April 28, 2009, to the Learjet 40 Maintenance Manual MM– 105. • Learjet 45 TR 71–1, dated April 28, 2009, to the Learjet 45 Maintenance Manual MM–104. The TRs describe procedures for repetitive detailed inspections for discrepancies, including damage to the left engine’s nacelle tubing and inadequate clearance between any unsupported section of the tube or other tubing and surrounding components. The TRs also describe procedures for adjusting the tubing and clamping to achieve minimum clearance and replacing any tube that has damage exceeding certain limits. We have reviewed the engine— maintenance practices in the following maintenance manual documents: • Learjet 45 Maintenance Manual MM–104, Revision 47, dated March 30, 2009, Powerplant–Maintenance Practices Section 71–00–00 and Engine– Maintenance Practices Section 71–00– 01 (for M45 airplanes). • Learjet 40 Maintenance Manual MM–105, Revision 15, dated March 30, 2009, Engine–Maintenance Practices Section 71–00–01 (for M40 airplanes). The engine–maintenance practices sections in the maintenance manuals (MMs) describe procedures for a general visual inspection for evidence of engine oil, hydraulic fluid, or fuel leakage within the left engine accessory compartment. For airplanes on which there is evidence of leakage, the MMs describe procedures for removing each plumbing clamp within the area affected E:\FR\FM\02JNR1.SGM 02JNR1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Rules and Regulations]
[Pages 26285-26288]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12619]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI60
[NRC-2009-0132]

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
6

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Holtec International HI-
STORM 100 dry cask storage system listing within the ``List of Approved
Spent Fuel Storage Casks'' to include Amendment No. 6 to Certificate of
Compliance (CoC) Number 1014. Amendment No. 6 will modify the CoC to
add instrument tube tie rods used for pressurized water reactor 15x15
and 17x17 fuel lattices, for both intact and damaged fuel assemblies,
to the approved contents of the MPC-24, MPC-24E, MPC-24EF, MPC-32, and
MPC-32F models; and to correct legacy editorial issues in Appendices A
and B Technical Specifications.

DATES: The final rule is effective August 17, 2009, unless significant
adverse comments are received by July 2, 2009. 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 can access publicly available documents related to this
document using the following methods:
Federal e-Rulemaking Portal: Go to https://www.regulations.gov and
search for documents filed under Docket ID [NRC-2009-0132]. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O-1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into 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's PDR
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to
pdr.resource@nrc.gov. An electronic copy of the proposed Certificate of
Compliance (CoC), technical specifications (TS), and preliminary safety
evaluation report (SER) can be found under ADAMS Package Number
ML090290140.
CoC No. 1014, the TS, the preliminary SER, and the environmental
assessment are available for inspection at the NRC PDR, Public File
Area O-1F21, One White Flint North, 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 Jayne.McCausland@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 Jayne.McCausland@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, which added a new Subpart K
within 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,'' which contains procedures and
criteria for obtaining NRC approval of spent fuel storage cask designs.
The NRC subsequently issued a final rule on May 1, 2000 (65 FR 25241),
that approved the HI-STORM 100 cask system design and added it to the
list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1014.

Discussion

On April 15, 2008, and as supplemented August 1, November 17, and
November 26, 2008, the certificate holder, Holtec International
(Holtec), submitted an application to the NRC that requested an
amendment to CoC No. 1014. The amendment included changes to add
instrument tube tie rods used for pressurized water reactor 15x15

[[Page 26286]]

and 17x17 fuel lattices, for both intact and damaged fuel assemblies,
to the approved contents of the MPC-24, MPC-24E, MPC-24EF, MPC-32, and
MPC-32F models; and to correct legacy editorial issues in Appendices A
and B of the TS. As documented in the SER, 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 HI-STORM 100 cask system listing
in 10 CFR 72.214 by adding Amendment No. 6 to CoC No. 1014. The
amendment consists of the changes described above, as set forth in the
revised CoC and TS. The particular TS which are changed are identified
in the SER.
The amended HI-STORM 100 cask design, 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. When this direct final rule
becomes effective, persons who hold a general license under 10 CFR
72.210 may load spent nuclear fuel into HI-STORM 100 casks that meet
the criteria of Amendment No. 6 to CoC No. 1014 under 10 CFR 72.212.

Discussion of Amendments by Section

Section 72.214 List of approved spent fuel storage casks.
Certificate No. 1014 is revised by adding the effective date of
Amendment No. 6.

Procedural Background

This rule is limited to the changes contained in Amendment No. 6 to
CoC No. 1014 and does not include other aspects of the HI-STORM 100 dry
storage cask system. 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 August 17, 2009. However, if the NRC receives any
significant adverse comments on this direct final rule by July 2, 2009,
then the NRC will publish a document that withdraws this action and
will subsequently address any comment received in a final rule as a
response to the companion proposed rule published elsewhere in this
issue of the Federal Register. Absent significant modifications to the
proposed revisions requiring republication, 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, a substantive response is required when:
(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 rule, 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 HI-STORM 100 cask 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 HI-STORM 100 cask design 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 add instrument tube tie rods used for
pressurized water reactor 15x15 and 17x17 fuel lattices, for both
intact and damaged fuel assemblies, to the approved contents of the
MPC-24 and MPC-32 models; and correct legacy editorial issues in the
Appendices A and B TS.
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, Public File Area O-1F21, One White Flint
North, 11555 Rockville Pike, Rockville, MD. Single copies of the
environmental assessment 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-

[[Page 26287]]

6219, e-mail Jayne.McCausland@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, the 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 May 1, 2000 (65 FR 25241),
the NRC issued an amendment to Part 72 that approved the HI-STORM 100
cask design by adding it to the list of NRC-approved cask designs in 10
CFR 72.214. On April 15, 2008, and as supplemented August 1, November
17, and November 26, 2008, the certificate holder, Holtec, submitted an
application to the NRC to amend CoC No. 1014 to add instrument tube tie
rods used for pressurized water reactor 15x15 and 17x17 fuel lattices,
for both intact and damaged fuel assemblies, to the approved contents
of the MPC-24, MPC-24E, MPC-24EF, MPC-32, and MPC-32F models; and to
correct legacy editorial issues in the Appendices A and B TS.
The alternative to this action is to withhold approval of Amendment
No. 6 and to require any Part 72 general licensee, seeking to load
spent fuel into HI-STORM 100 casks under the changes described in
Amendment No. 6, 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, as documented in the SER and the environmental
assessment, 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 nuclear power plant licensees and Holtec. These
entities 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, Hazardous waste, Nuclear
materials, Occupational safety and health, 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; the Nuclear Waste Policy Act of 1982, 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, 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. 806-10 (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, 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 1014 is revised to read
as follows:

Sec. 72.214 List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.

[[Page 26288]]

Amendment Number 6 Effective Date: August 17, 2009.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: June 1, 2020.
Model Number: HI-STORM 100.
* * * * *

Dated at Rockville, Maryland, this 7th day of May 2009.

For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E9-12619 Filed 6-1-09; 8:45 am]
BILLING CODE 7590-01-P

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