List of Approved Spent Fuel Storage Casks: NUHOMS® HD Revision 1; Withdrawal, 41369-41370 [2010-17425]
Download as PDF
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Background
These changes are necessary due to
the Biennial Review of Fees for the
Freedom of Information Act, as required
by the Chief Financial Officer’s Act of
1990 and Office of Management and
Budget (OMB) Circular No. A–25.
Specifically, 10 CFR part 9, section
9.37(a) will be changed from GG–7/7 to
GG–7/6 and 9.37(c) will be changed
from ES–4 to ES–Maximum.
Environmental Impact: Categorical
Exclusion
The NRC has determined that this
final rule is the type of action described
in categorical exclusion 10 CFR
51.22(c)(2). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this rule.
Paperwork Reduction Act Statement
This final rule does not contain
information collection requirements
and, therefore, is not subject to the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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.
Backfit Analysis
The NRC has determined that the
backfit rule does not apply to this final
rule; therefore, a backfit analysis is not
required for this final rule because these
amendments are administrative in
nature and do not involve any
provisions that would impose backfits
as defined in 10 CFR chapter I.
cprice-sewell on DSK8KYBLC1PROD with RULES
Congressional Review Act
In accordance with 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 of
OMB.
List of Subjects in 10 CFR Part 9
Freedom of Information Act
Regulations, Privacy Act Regulations,
Government Sunshine Act Regulations,
and Production or Disclosure in
Response to Subpoenas or Demands of
Courts or Other Authorities.
Rulemaking Procedure
Because this amendment constitutes a
minor administrative change to the
VerDate Mar<15>2010
14:26 Jul 15, 2010
Jkt 220001
regulations, the notice and comment
provisions of the Administrative
Procedure Act do not apply under 5
U.S.C. 553(b)(B).
■ For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 5
U.S.C. 553, the NRC is adopting the
following amendments to 10 CFR part 9.
PART 9—PUBLIC RECORDS
1. The authority citation for part 9
continues to read as follows:
■
Authority: Sec. 161, 68 Stat. 948, as
amended (42 U.S.C. 2201); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841); sec. 1704,
112 Stat. 2750 (44 U.S.C. 3504 note).
Subpart A also issued 5 U.S.C. 552; 31
U.S.C. 9701; Pub. L. 99–570.
Subpart B is also issued under 5 U.S.C.
552a.
Subpart C is also issued under 5 U.S.C.
552b.
2. In § 9.37, paragraphs (a) and (c) are
revised to read as follows:
■
§ 9.37 Fees for search and review of
agency records by NRC personnel.
*
*
*
*
*
(a) Clerical search and review at a
salary rate that is equivalent to a GG–7/
step 6, plus 16 percent fringe benefits;
*
*
*
*
*
(c) Senior executive or Commissioner
search and review at a salary rate that
is equivalent to an ES–Maximum, plus
16 percent fringe benefits.
Dated at Rockville, Maryland, this 6th day
of July, 2010.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010–17372 Filed 7–15–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2009–0538]
RIN 3150–AI75
List of Approved Spent Fuel Storage
Casks: NUHOMS® HD Revision 1;
Withdrawal
AGENCY: Nuclear Regulatory
Commission.
ACTION: Direct final rule; withdrawal.
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is withdrawing a
direct final rule that would have revised
the NUHOMS® HD cask system listing
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
41369
within the list of approved spent fuel
storage casks to include Amendment
No. 1 to Certificate of Compliance (CoC)
Number 1030. The NRC is taking this
action because the applicant identified
that a certain Technical Specification
(TS) for Boral characterization was not
written precisely and in a manner that
could be readily and demonstrably
implemented. Specifically, the
requirements for meeting TS 4.3.1,
‘‘Neutron Absorber Tests,’’ which
references Section 9.1.7.3 of the Safety
Analysis Report (SAR), are not precisely
quantified in that it requires that ‘‘the
average size of the boron carbide
particles in the finished product is
approximately 50 microns after rolling.’’
Use of language such as ‘‘average’’ and
‘‘approximately’’ is imprecise, and no
ranges or statistical variations are
specified. The NRC will publish a
revised direct final rule along with its
companion proposed rule after the
necessary revisions to the TS are made.
DATES: The direct final rule published
May 6, 2010 (75 FR 24786), is
withdrawn.
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: On May 6,
2010 (75 FR 24786), the NRC published
in the Federal Register a direct final
rule that would have amended its
regulations in 10 CFR 72.214 to revise
the NUHOMS® HD System listing
within the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 1 to the CoC. Amendment No. 1
would have modified the present cask
system by adding Combustion
Engineering 16x16 class fuel assemblies
as authorized contents, reducing the
minimum off-normal ambient
temperature from ¥20 °F to ¥21 °F,
expanding the authorized contents of
the NUHOMS® HD System to include
pressurized water reactor fuel
assemblies with control components,
reducing the minimum initial
enrichment of fuel assemblies from 1.5
weight percent uranium-235 to 0.2
weight percent uranium-235, clarifying
the requirements of reconstituted fuel
assemblies, adding requirements to
qualify metal matrix composite neutron
absorbers with integral aluminum
cladding, deleting use of nitrogen for
draining the water from the dry shielded
canister (DSC) and allowing only
helium as a cover gas during DSC cavity
water removal operations, and making
E:\FR\FM\16JYR1.SGM
16JYR1
41370
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Rules and Regulations
corresponding changes to the technical
specifications.
The NRC also published a companion
proposed rule on May 7, 2010 (75 FR
25120). A correction notice was
published on May 17, 2010 (75 FR
27401), to correctly specify an effective
date of July 21, 2010. The direct final
rulemaking and the companion
proposed rulemaking were published in
the Federal Register on different dates
instead of being published concurrently
on the same date.
The rulemaking is being withdrawn
because the applicant identified that a
certain TS for Boral characterization
was not written precisely and in a
manner that could be readily and
demonstrably implemented.
Specifically, the requirements for
meeting TS 4.3.1, ‘‘Neutron Absorber
Tests,’’ which references Section 9.1.7.3
of the SAR, are not precisely quantified
in that it requires that ‘‘the average size
of the boron carbide particles in the
finished product is approximately 50
microns after rolling.’’ Use of language
such as ‘‘average’’ and ‘‘approximately’’
is imprecise, and no ranges or statistical
variations are specified.
The NRC will publish a revised direct
final rule along with its companion
proposed rule after the necessary
revisions to the TS are made.
Dated at Rockville, Maryland, this 8th day
of July, 2010.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010–17425 Filed 7–15–10; 8:45 am]
BILLING CODE 7590–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
29 CFR Part 2201
Regulations Implementing the
Freedom of Information Act
AGENCY: Occupational Safety and Health
Review Commission.
ACTION: Final rule.
The Occupational Safety and
Health Review Commission (OSHRC)
revises its regulations implementing the
Freedom of Information Act (FOIA). The
regulations have been updated to reflect
the amendments to the FOIA from the
Openness Promotes Effectiveness in our
National Government Act of 2007
(OPEN Government Act), as well as
changes in OSHRC’s own policies and
procedures.
cprice-sewell on DSK8KYBLC1PROD with RULES
SUMMARY:
DATES: This rule is effective on August
16, 2010.
VerDate Mar<15>2010
14:26 Jul 15, 2010
Jkt 220001
FOR FURTHER INFORMATION CONTACT:
Jennifer D. Marr, FOIA Public Liaison,
or Robert M. Kahn, Office of the General
Counsel, via telephone: (202) 606–5410,
or via e-mail: jmarr@oshrc.gov or
rkahn@oshrc.gov.
OSHRC is
publishing a final rule revising its
regulations implementing the FOIA. On
April 28, 2010, OSHRC published for
comment a notice of proposed
rulemaking (NPRM) in the Federal
Register that proposed revisions to
OSHRC’s regulations at 29 CFR part
2201, implementing the FOIA, 5 U.S.C.
552, as amended. 75 FR 22320, Apr. 28,
2010. Interested persons were afforded
an opportunity to participate in the
rulemaking process through submission
of written comments on the NPRM.
OSHRC received no public comments.
OSHRC has reviewed the proposed
regulations and adopts them in this final
rule.
SUPPLEMENTARY INFORMATION:
I. Background
OSHRC makes several substantive and
technical revisions to its regulations
implementing the FOIA (5 U.S.C. 552,
as amended) that fall within two general
categories. First, OSHRC modifies its
existing FOIA regulations to reflect the
amendments to the FOIA contained in
the OPEN Government Act, Public Law
110–175, 121 Stat. 2524. The OPEN
Government Act amended various FOIA
administrative procedures, such as
when an agency may toll the statutory
time for responding to FOIA requests
and how to indicate exemptions
authorizing deletion of materials under
the FOIA on the responsive record.
Second, as a result of the Chief FOIA
Officer’s review of OSHRC’s FOIA
operations, OSHRC revises its
regulations to further clarify its policies
and procedures relating to the
processing of FOIA requests and the
administration of its FOIA operations.
These revisions include changes to the
description of the OSHRC reading
rooms and to OSHRC fee policies.
II. Section-by-Section Analysis
In 29 CFR 2201.3, OSHRC revises the
description of the Chief FOIA Officer’s
duties in paragraph (a) to reflect the
more detailed description of those
duties set forth under the OPEN
Government Act. 5 U.S.C. 552(k).
Additionally, OSHRC adds a description
of the FOIA Public Liaison’s duties in
paragraph (c) to reflect the
responsibilities described in the OPEN
Government Act. 5 U.S.C.
552(a)(6)(B)(ii), (l). In paragraph (d)
OSHRC revises the FOIA Service
Center’s contact information. OSHRC
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
also revises paragraph (d) to add
information about status requests
provided by the FOIA Service Center.
5 U.S.C. 552(a)(7)(B).
In 29 CFR 2201.4, OSHRC revises
paragraph (c) to clarify the type of
records publicly available in the e-FOIA
Reading Room and where to access
them. OSHRC changes paragraph (d) to
explain the procedures for using
OSHRC’s on-site e-FOIA Reading Room.
OSHRC also revises its definition of
‘‘Representative of the news media, or
news media requester’’ in paragraph (e)
to reflect the definition provided in the
OPEN Government Act. 5 U.S.C.
552(a)(4)(A)(ii). OSHRC also adds
definitions of ‘‘Exceptional
circumstances’’ and ‘‘Record’’ to
paragraph (e), based on the description
of these terms in the OPEN Government
Act. 5 U.S.C. 552(a)(4)(A)(viii), (f)(2).
In 29 CFR 2201.6, OSHRC revises
paragraph (a) to add the tolling
requirements set forth in the OPEN
Government Act. 5 U.S.C.
552(a)(6)(A)(ii). Following the new
requirement in the OPEN Government
Act, OSHRC revises its procedure for
making deletions within records as set
forth in paragraph (g) to include, where
technically feasible, marking the
exemption under which each deletion is
made. 5 U.S.C. 552(b). OSHRC also
creates a new paragraph (h) describing
how OSHRC assigns tracking numbers
to incoming FOIA requests and notifies
a requester of the tracking number
assigned to the request. 5 U.S.C.
552(a)(7)(A). In addition, OSHRC creates
a new paragraph (i) to indicate that
when searching for responsive records,
OSHRC will ordinarily consider only
records in its possession as of the date
it begins its search. Finally, OSHRC
makes minor grammatical corrections to
paragraphs (c) and (d)(3).
In 29 CFR 2201.7, OSHRC revises the
copying fee provision in paragraph
(b)(1) and the search fee provision in
paragraph (b)(2) to reflect the new
requirements for each in the OPEN
Government Act. 5 U.S.C.
552(a)(4)(A)(viii). OSHRC revises
paragraph (e) to consider requests for
which fees are likely to exceed $25
received only after the requester agrees
to pay the actual or estimated fee.
In 29 CFR 2201.10, OSHRC updates
paragraph (a) to reflect the new
maintenance of statistics requirements
in the OPEN Government Act. 5 U.S.C.
552(e).
III. Analysis of Comments Received
OSHRC received no comments to the
proposed rules.
E:\FR\FM\16JYR1.SGM
16JYR1
Agencies
[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Rules and Regulations]
[Pages 41369-41370]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17425]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2009-0538]
RIN 3150-AI75
List of Approved Spent Fuel Storage Casks: NUHOMS[supreg] HD
Revision 1; Withdrawal
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a
direct final rule that would have revised the NUHOMS[supreg] HD cask
system listing within the list of approved spent fuel storage casks to
include Amendment No. 1 to Certificate of Compliance (CoC) Number 1030.
The NRC is taking this action because the applicant identified that a
certain Technical Specification (TS) for Boral characterization was not
written precisely and in a manner that could be readily and
demonstrably implemented. Specifically, the requirements for meeting TS
4.3.1, ``Neutron Absorber Tests,'' which references Section 9.1.7.3 of
the Safety Analysis Report (SAR), are not precisely quantified in that
it requires that ``the average size of the boron carbide particles in
the finished product is approximately 50 microns after rolling.'' Use
of language such as ``average'' and ``approximately'' is imprecise, and
no ranges or statistical variations are specified. The NRC will publish
a revised direct final rule along with its companion proposed rule
after the necessary revisions to the TS are made.
DATES: The direct final rule published May 6, 2010 (75 FR 24786), is
withdrawn.
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: On May 6, 2010 (75 FR 24786), the NRC
published in the Federal Register a direct final rule that would have
amended its regulations in 10 CFR 72.214 to revise the NUHOMS[supreg]
HD System listing within the ``List of Approved Spent Fuel Storage
Casks'' to include Amendment No. 1 to the CoC. Amendment No. 1 would
have modified the present cask system by adding Combustion Engineering
16x16 class fuel assemblies as authorized contents, reducing the
minimum off-normal ambient temperature from -20 [deg]F to -21 [deg]F,
expanding the authorized contents of the NUHOMS[supreg] HD System to
include pressurized water reactor fuel assemblies with control
components, reducing the minimum initial enrichment of fuel assemblies
from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235,
clarifying the requirements of reconstituted fuel assemblies, adding
requirements to qualify metal matrix composite neutron absorbers with
integral aluminum cladding, deleting use of nitrogen for draining the
water from the dry shielded canister (DSC) and allowing only helium as
a cover gas during DSC cavity water removal operations, and making
[[Page 41370]]
corresponding changes to the technical specifications.
The NRC also published a companion proposed rule on May 7, 2010 (75
FR 25120). A correction notice was published on May 17, 2010 (75 FR
27401), to correctly specify an effective date of July 21, 2010. The
direct final rulemaking and the companion proposed rulemaking were
published in the Federal Register on different dates instead of being
published concurrently on the same date.
The rulemaking is being withdrawn because the applicant identified
that a certain TS for Boral characterization was not written precisely
and in a manner that could be readily and demonstrably implemented.
Specifically, the requirements for meeting TS 4.3.1, ``Neutron Absorber
Tests,'' which references Section 9.1.7.3 of the SAR, are not precisely
quantified in that it requires that ``the average size of the boron
carbide particles in the finished product is approximately 50 microns
after rolling.'' Use of language such as ``average'' and
``approximately'' is imprecise, and no ranges or statistical variations
are specified.
The NRC will publish a revised direct final rule along with its
companion proposed rule after the necessary revisions to the TS are
made.
Dated at Rockville, Maryland, this 8th day of July, 2010.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-17425 Filed 7-15-10; 8:45 am]
BILLING CODE 7590-01-P