List of Approved Spent Fuel Storage Casks: NUHOMS® HD System Revision 1, 24786-24789 [2010-10677]

Download as PDF 24786 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AI75 [NRC–2009–0538] List of Approved Spent Fuel Storage Casks: NUHOMS® HD System Revision 1 emcdonald on DSK2BSOYB1PROD with RULES 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 Transnuclear, Inc. (TN) NUHOMS® HD System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 1 to Certificate of Compliance (CoC) Number 1030. Amendment No. 1 will modify the CoC to add Combustion Engineering 16×16 class fuel assemblies as authorized contents, reduce the minimum off-normal ambient temperature from ¥20°F to ¥21°F, expand the authorized contents of the NUHOMS® HD System to include pressurized water reactor fuel assemblies with control components, reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235, clarify the requirements of reconstituted fuel assemblies, add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding, delete use of nitrogen for draining the water from the dry shielded canister (DSC) and allow only helium as a cover gas during DSC cavity water removal operations, and make corresponding changes to the technical specifications. DATES: The final rule is effective July 20, 2010, unless significant adverse comments are received by June 7, 2010. 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 If the rule is withdrawn, timely notice will be published in the Federal Register.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–2009–0538]. Address questions about NRC dockets to Carol Gallagher VerDate Mar<15>2010 16:09 May 05, 2010 Jkt 220001 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 CoC, technical specifications (TS), and preliminary safety evaluation report (SER) can be found under ADAMS Package Number ML092050827. CoC No. 1030, 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 U. S. 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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 December 11, 2006 (71 FR 71463), that approved the NUHOMS® HD System cask design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1030. Discussion On November 1, 2007, and as supplemented on December 15, 2008, February 19, April 30, May 26, and June 10, 2009, TN, the holder of CoC No. 1030, submitted an application to the NRC that requested an amendment to CoC No. 1030. Specifically, TN requested modifications to the cask design to add Combustion Engineering (CE) 16×16 class fuel assemblies as authorized contents (the system is currently authorized to store CE 14×14, Westinghouse (WE) 15×15, and WE 17×17 classes only); reduce the minimum off-normal ambient temperature from ¥20°F to ¥21°F; expand the authorized contents of the NUHOMS® HD System to include pressurized water reactor (PWR) fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies, add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; delete use of nitrogen for draining the water from the DSC, and allow only helium as a cover gas during DSC cavity water removal operations; and make corresponding changes to the TS as described in the SER. As documented in the SER, the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request E:\FR\FM\06MYR1.SGM 06MYR1 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations 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 will be adequately protected. This direct final rule revises the NUHOMS® HD System listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1030. 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 NUHOMS® HD System 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 NUHOMS® HD System casks that meet the criteria of Amendment No. 1 to CoC No. 1030 under 10 CFR 72.212. Discussion of Amendments by Section Section 72.214 List of approved spent fuel storage casks. Certificate No. 1030 is revised by adding the effective date of Amendment Number 1. emcdonald on DSK2BSOYB1PROD with RULES Procedural Background This rule is limited to the changes contained in Amendment 1 to CoC No. 1030 and does not include other aspects of the NUHOMS® HD 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 July 20, 2010. However, if the NRC receives significant adverse comments on this direct final rule by June 7, 2010, 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 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 VerDate Mar<15>2010 16:09 May 05, 2010 Jkt 220001 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 NUHOMS® HD System 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 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 24787 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 NUHOMS® HD System 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 CE 16x16 class fuel assemblies as authorized contents; reduce the minimum offnormal ambient temperature from ¥20°F to ¥21°F; expand the authorized contents of the NUHOMS® HD System to include PWR fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; delete use of nitrogen for draining the water from the DSC, and allow only helium as a cover gas during DSC cavity water removal operations; and make corresponding changes to the TS as described in the SER. 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 E:\FR\FM\06MYR1.SGM 06MYR1 24788 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415– 6219, e-mail Jayne.McCausland@nrc.gov. Paperwork Reduction Act Statement This rule does not contain any information collection requirements and, therefore, is not 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. emcdonald on DSK2BSOYB1PROD with RULES 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 December 11, 2006 (71 FR 71463), the NRC issued an amendment to Part 72 that approved the NUHOMS® HD System cask design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On November 1, 2007, and as supplemented on December 15, 2008, February 19, April 30, May 26, and June 10, 2009, the certificate holder (TN) submitted an application to the NRC to amend CoC No. 1030 to add CE 16x16 class fuel assemblies as authorized contents; reduce the minimum offnormal ambient temperature from ¥20°F to ¥21°F; expand the authorized contents of the NUHOMS® HD System to include PWR fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; delete use of nitrogen for draining the water from the DSC, and allow only helium as a VerDate Mar<15>2010 16:09 May 05, 2010 Jkt 220001 cover gas during DSC cavity water removal operations; and make corresponding changes to the TS as described in the SER. The alternative to this action is to withhold approval of Amendment No. 1 and to require any Part 72 general licensee, seeking to load fuel into NUHOMS® HD System casks under the changes described in Amendment No. 1, 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 TN. 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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. 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 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). 2. In § 72.214, Certificate of Compliance 1030 is revised to read as follows: ■ E:\FR\FM\06MYR1.SGM 06MYR1 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Rules and Regulations § 72.214 List of approved spent fuel storage casks. History * * * * * Certificate Number: 1030. Initial Certificate Effective Date: January 10, 2007. Amendment No. 1 Effective Date: July 20, 2010. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the NUHOMS® HD Horizontal Modular Storage System for Irradiated Nuclear Fuel. Docket Number: 72–1030. Certificate Expiration Date: January 10, 2027. Model Number: NUHOMS® HD– 32PTH. * * * * * Dated at Rockville, Maryland, this 19th day of April, 2010. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. 2010–10677 Filed 5–5–10; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2010–0008; Airspace Docket No. 09–ANM–21] Modification of Jet Route J–3; Spokane, WA emcdonald on DSK2BSOYB1PROD with RULES AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies Jet Route J–3 by terminating the route at the Spokane, WA, VHF omnidirectional range/tactical air navigation (VORTAC) instead of the Canadian border. This action is necessary for the safety and management of instrument flight rules (IFR) operations within the National Airspace System (NAS). DATES: Effective date 0901 UTC, July 29, 2010. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules Group, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783. VerDate Mar<15>2010 16:09 May 05, 2010 Jkt 220001 On February 4, 2010, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify J–3 Spokane, WA. (75 FR 5703). Interested parties were invited to participate in this rulemaking effort by submitting written comments on this proposal to the FAA. No comments were received in response to the NPRM, therefore, this amendment is the same as that proposed in the NPRM. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by removing the segment of J–3 that extends from the Spokane VORTAC to Cranbrook, BC. The route terminates at the EDGES fix located on the United States and Canadian border. The FAA has determined that this segment of J– 3 is not required since the Jet Route, as currently described, terminates or originates at a point in space on the international border and does not meet or connect to any corresponding airway within Canadian airspace. Additionally, the segment between the Spokane VORTAC and Cranbrook, BC VOR/DME causes confusion because it appears that pilots can file a flight plan all the way to the Cranbrook, BC VOR/DME, however, the computer rejects the flight plans filed to the Cranbrook, BC VOR/ DME. Jet Routes are published in paragraph 2004 of FAA Order 7400.9T, dated August 27, 2009 and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Jet Route listed in this document would be subsequently published in the Order. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 24789 Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies a Jet Route from Oakland, CA, to Spokane, WA. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: ■ PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9T, Airspace Designations and Reporting Points, dated August 27, 2009 and effective September 15, 2009, is amended as follows: ■ Paragraph 2004—Jet Routes * * * * * J–3 [Modified] From Oakland, CA, via Red Bluff, CA; Lakeview, OR; Kimberly, OR; Spokane, WA. E:\FR\FM\06MYR1.SGM 06MYR1

Agencies

[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Rules and Regulations]
[Pages 24786-24789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10677]



[[Page 24786]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI75
[NRC-2009-0538]


List of Approved Spent Fuel Storage Casks: NUHOMS[supreg] HD 
System Revision 1

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 Transnuclear, Inc. (TN) 
NUHOMS[supreg] HD System listing within the ``List of Approved Spent 
Fuel Storage Casks'' to include Amendment No. 1 to Certificate of 
Compliance (CoC) Number 1030. Amendment No. 1 will modify the CoC to 
add Combustion Engineering 16x16 class fuel assemblies as authorized 
contents, reduce the minimum off-normal ambient temperature from -
20[deg]F to -21[deg]F, expand the authorized contents of the 
NUHOMS[supreg] HD System to include pressurized water reactor fuel 
assemblies with control components, reduce the minimum initial 
enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 
0.2 weight percent uranium-235, clarify the requirements of 
reconstituted fuel assemblies, add requirements to qualify metal matrix 
composite neutron absorbers with integral aluminum cladding, delete use 
of nitrogen for draining the water from the dry shielded canister (DSC) 
and allow only helium as a cover gas during DSC cavity water removal 
operations, and make corresponding changes to the technical 
specifications.

DATES: The final rule is effective July 20, 2010, unless significant 
adverse comments are received by June 7, 2010. 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-2009-0538]. 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 CoC, technical 
specifications (TS), and preliminary safety evaluation report (SER) can 
be found under ADAMS Package Number ML092050827.
    CoC No. 1030, 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 U. S. 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 December 11, 2006 (71 FR 
71463), that approved the NUHOMS[supreg] HD System cask design and 
added it to the list of NRC-approved cask designs in 10 CFR 72.214 as 
CoC No. 1030.

Discussion

    On November 1, 2007, and as supplemented on December 15, 2008, 
February 19, April 30, May 26, and June 10, 2009, TN, the holder of CoC 
No. 1030, submitted an application to the NRC that requested an 
amendment to CoC No. 1030. Specifically, TN requested modifications to 
the cask design to add Combustion Engineering (CE) 16x16 class fuel 
assemblies as authorized contents (the system is currently authorized 
to store CE 14x14, Westinghouse (WE) 15x15, and WE 17x17 classes only); 
reduce the minimum off-normal ambient temperature from -20[deg]F to -
21[deg]F; expand the authorized contents of the NUHOMS[supreg] HD 
System to include pressurized water reactor (PWR) fuel assemblies with 
control components; reduce the minimum initial enrichment of fuel 
assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent 
uranium-235; clarify the requirements of reconstituted fuel assemblies, 
add requirements to qualify metal matrix composite neutron absorbers 
with integral aluminum cladding; delete use of nitrogen for draining 
the water from the DSC, and allow only helium as a cover gas during DSC 
cavity water removal operations; and make corresponding changes to the 
TS as described in the SER. As documented in the SER, the NRC staff 
performed a detailed safety evaluation of the proposed CoC amendment 
request

[[Page 24787]]

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 will be adequately protected.
    This direct final rule revises the NUHOMS[supreg] HD System listing 
in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1030. 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 NUHOMS[supreg] HD System 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 NUHOMS[supreg] HD System casks 
that meet the criteria of Amendment No. 1 to CoC No. 1030 under 10 CFR 
72.212.

Discussion of Amendments by Section


Section 72.214  List of approved spent fuel storage casks.

    Certificate No. 1030 is revised by adding the effective date of 
Amendment Number 1.

Procedural Background

    This rule is limited to the changes contained in Amendment 1 to CoC 
No. 1030 and does not include other aspects of the NUHOMS[supreg] HD 
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 July 20, 2010. However, 
if the NRC receives significant adverse comments on this direct final 
rule by June 7, 2010, 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 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 NUHOMS[supreg] HD System 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 NUHOMS[supreg] HD System 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 CE 16x16 class fuel assemblies 
as authorized contents; reduce the minimum off-normal ambient 
temperature from -20[deg]F to -21[deg]F; expand the authorized contents 
of the NUHOMS[supreg] HD System to include PWR fuel assemblies with 
control components; reduce the minimum initial enrichment of fuel 
assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent 
uranium-235; clarify the requirements of reconstituted fuel assemblies; 
add requirements to qualify metal matrix composite neutron absorbers 
with integral aluminum cladding; delete use of nitrogen for draining 
the water from the DSC, and allow only helium as a cover gas during DSC 
cavity water removal operations; and make corresponding changes to the 
TS as described in the SER.
    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

[[Page 24788]]

Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail Jayne.McCausland@nrc.gov.

Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements 
and, therefore, is not 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 December 11, 2006 (71 FR 
71463), the NRC issued an amendment to Part 72 that approved the 
NUHOMS[supreg] HD System cask design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214. On November 1, 2007, and as 
supplemented on December 15, 2008, February 19, April 30, May 26, and 
June 10, 2009, the certificate holder (TN) submitted an application to 
the NRC to amend CoC No. 1030 to add CE 16x16 class fuel assemblies as 
authorized contents; reduce the minimum off-normal ambient temperature 
from -20[deg]F to -21[deg]F; expand the authorized contents of the 
NUHOMS[supreg] HD System to include PWR fuel assemblies with control 
components; reduce the minimum initial enrichment of fuel assemblies 
from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; 
clarify the requirements of reconstituted fuel assemblies; add 
requirements to qualify metal matrix composite neutron absorbers with 
integral aluminum cladding; delete use of nitrogen for draining the 
water from the DSC, and allow only helium as a cover gas during DSC 
cavity water removal operations; and make corresponding changes to the 
TS as described in the SER.
    The alternative to this action is to withhold approval of Amendment 
No. 1 and to require any Part 72 general licensee, seeking to load fuel 
into NUHOMS[supreg] HD System casks under the changes described in 
Amendment No. 1, 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 TN. 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, 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 1030 is revised to read 
as follows:

[[Page 24789]]

Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1030.
    Initial Certificate Effective Date: January 10, 2007.
    Amendment No. 1 Effective Date: July 20, 2010.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] HD 
Horizontal Modular Storage System for Irradiated Nuclear Fuel.
    Docket Number: 72-1030.
    Certificate Expiration Date: January 10, 2027.
    Model Number: NUHOMS[supreg] HD-32PTH.
* * * * *

    Dated at Rockville, Maryland, this 19th day of April, 2010.
    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-10677 Filed 5-5-10; 8:45 am]
BILLING CODE 7590-01-P
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