List of Approved Spent Fuel Storage Casks: NUHOMS® HD System Revision 1, 2277-2279 [2011-644]

Download as PDF Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules APHIS. In the absence of data establishing the need for annual booster vaccinations, labeling must bear the following statement: ‘‘The need for annual booster vaccination has not been established for this product; consultation with a veterinarian is recommended.’’ * * * * * (j) All but very small final container labels for feline panleukopenia vaccines shall contain the following recommendations for use: (1) Killed virus vaccines. Vaccinate healthy cats with one dose, except that if the animal is less than 12 weeks of age, a second dose should be given at 12 to 16 weeks of age. (2) Modified live virus vaccines. Vaccinate healthy cats with one dose, except that if the animal is less than 12 weeks of age, a second dose should be given at 12 to 16 weeks of age. * * * * * (m) All labels for autogenous biologics must specify the name of the microorganism(s) or antigen(s) that they contain, and shall bear the following statement: ‘‘Potency and efficacy of autogenous biologics have not been established. This product is prepared for use only by or under the direction of a veterinarian or approved specialist.’’ * * * * * (o) All labels for conditionally licensed products shall bear the following statement: ‘‘This product license is conditional; efficacy and potency have not been fully demonstrated.’’ * * * * * PART 114—PRODUCTION REQUIREMENTS FOR BIOLOGICAL PRODUCTS 9. The authority citation for part 114 continues to read as follows: Authority: 21 U.S.C. 151–159; 7 CFR 2.22, 2.80, and 371.4. 10. Section 114.11 is revised to read as follows: srobinson on DSKHWCL6B1PROD with PROPOSALS § 114.11 Storage and handling. Biological products at licensed establishments must be protected at all times against improper storage and handling. Completed product must be kept under refrigeration at 35 to 46 °F (2 to 8 °C), unless the inherent nature of the product makes storage at different temperatures advisable, in which case, the proper storage temperature must be specified in the filed Outline of Production. All biological products to be shipped or delivered must be securely packed. VerDate Mar<15>2010 18:03 Jan 12, 2011 Jkt 223001 Done in Washington, DC this 7th day of January 2011. John Ferrell, Deputy Under Secretary for Marketing and Regulatory Programs. [FR Doc. 2011–648 Filed 1–12–11; 8:45 am] BILLING CODE 3410–34–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150—AI89 [NRC–2011–0002] List of Approved Spent Fuel Storage Casks: NUHOMS® HD System Revision 1 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its spent fuel storage cask 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 would revise the definitions for Damaged Fuel Assembly and Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 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; clarify the requirements for neutron absorber tests; 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 (TS). DATES: Comments on the proposed rule must be received on or before February 14, 2011. ADDRESSES: Please include Docket ID NRC–2011–0002 in the subject line of your comments. For instructions on SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 2277 submitting comments and accessing documents related to this action, see Section I, ‘‘Submitting Comments and Accessing Information’’ in the SUPPLEMENTARY INFORMATION section of this document. You may submit comments by any one of the following methods. Federal Rulemaking Web site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC–2011–0002. Address questions about NRC dockets to Carol Gallagher, telephone: 301–492–3668, e-mail: Carol.Gallager@nrc.gov. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at 301–415–1677. Hand-deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (Telephone 301–415– 1677). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 6445, e-mail: Gregory.Trussell@nrc.gov. SUPPLEMENTARY INFORMATION: Submitting Comments and Accessing Information Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal Rulemaking Web site, https:// www.regulations.gov. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. You can access publicly available documents related to this document using the following methods: NRC’s Public Document Room (PDR): The public may examine and have E:\FR\FM\13JAP1.SGM 13JAP1 2278 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules srobinson on DSKHWCL6B1PROD with PROPOSALS copied for a fee publicly available documents at the NRC’s PDR, Room 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. Federal Rulemaking Web site: Public comments and supporting materials related to this proposed rule can be found at https://www.regulations.gov by searching on Docket ID NRC–2011– 0002. For additional information, see the Direct Final Rule published in the Rules and Regulations section of this Federal Register. Procedural Background On May 6 and 7, 2010, respectively, a direct final rule (75 FR 24786) and companion proposed rule (75 FR 25120) were published in the Federal Register to revise the cask system listing for the TN NUHOMS® HD System by adding Amendment No. 1 to the list of approved spent fuel storage casks in Title 10 of the Code of Federal Regulations (10 CFR) 72.214. After the rules were published, the applicant identified that a certain TS for Boral characterization (TS 4.3.1, ‘‘Neutron Absorber Tests’’) was not written precisely and in a manner that could be readily and demonstrably implemented. On July 16, 2010, the NRC withdrew the direct final rule (75 FR 41369) and the companion proposed rule (75 FR 41404).The applicant submitted revised language for TS 4.3.1 (and Final Safety Analysis Report (FSAR) sections incorporated into the TS by reference) on July 26 and August 24, 2010, which NRC staff reviewed and found to be acceptable. This proposed rule includes the original Amendment No. 1 changes and the revised TS 4.3.1 and FSAR sections incorporated into the TS by reference. This rule is limited to the changes contained in Amendment No. 1 to CoC No. 1030 and does not include other aspects of the NUHOMS® HD System design. Because NRC considers this action noncontroversial and routine, the VerDate Mar<15>2010 18:03 Jan 12, 2011 Jkt 223001 NRC is publishing this proposed rule concurrently as a direct final rule in the Rules and Regulations section of this Federal Register. Adequate protection of public health and safety continues to be ensured. The direct final rule will become effective on March 29, 2011. However, if the NRC receives significant adverse comments on the direct final rule by February 14, 2011, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments received in response to the proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn. 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. For additional procedural information and the regulatory analysis, see the direct final rule published in the Rules and Regulations section of this Federal Register. 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; PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended, and 5 U.S.C. 553; the NRC is proposing to adopt the following amendments to 10 CFR Part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for Part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, 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: § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1030. Initial Certificate Effective Date: January 10, 2007. Amendment Number 1 Effective Date: March 29, 2011. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the NUHOMS® HD Horizontal Modular Storage System for Irradiated Nuclear Fuel. E:\FR\FM\13JAP1.SGM 13JAP1 Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Proposed Rules Docket Number: 72–1030. Certificate Expiration Date: January 10, 2027. Model Number: NUHOMS® HD– 32PTH. * * * * * Dated at Rockville, Maryland this 13th day of December 2010. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. 2011–644 Filed 1–12–11; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–1310; Directorate Identifier 2010–NM–067–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes Examining the AD Docket Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: SUMMARY: srobinson on DSKHWCL6B1PROD with PROPOSALS It has been reported during operational checks that some failures of the Escape Slide * * * installed on the forward passenger and service door have occurred which prevented the door from opening. * * * [T]his condition * * * could delay an emergency evacuation and increase the chance of injury to passengers and flight crew * * *. The proposed AD would require actions that are intended to address the unsafe condition described in the MCAI. DATES: We must receive comments on this proposed AD by February 28, 2011. 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, VerDate Mar<15>2010 18:03 Jan 12, 2011 Jkt 223001 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 W12–40, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro Faria ˜ Lima, 2170–Putim–12227–901 Sao Jose dos Campos–SP—BRASIL; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; e-mail distrib@embraer.com.br; Internet: https:// www.flyembraer.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations 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: Kenny Kaulia, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2848; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2010–1310; Directorate Identifier 2010–NM–067–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 2279 We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2009–11–01, dated November 30, 2009, applicable to Model ERJ 170 airplanes; and Airworthiness Directive 2009–08–02, dated August 18, 2009, applicable to Model ERJ 190 airplanes; (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. MCAI 2009–11–01 states: It has been reported during operational checks that some failures of the Escape Slide P/N [part number] 4A4030–2 and P/N 4A4030–4 installed on the forward passenger and service door have occurred which prevented the door from opening. Since this condition * * * could delay an emergency evacuation and increase the chance of injury to passengers and flight crew, a corrective action is required. MCAI 2009–08–02 states: It has been reported during operational checks some failures in the deployment of the Escape Slide P/N 104003–1 installed in the forward passenger and service door, preventing the door opening. Since this condition * * * could impede an emergency evacuation and increase the chance of injury to passengers and flight crew, a corrective action is required. The required actions include modifying the escape slides of the forward passenger and service doors, and doing boroscope inspections for damage of the aspirator body and inlet cross valve. Corrective actions include replacing the aspirator body. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Goodrich Interiors has issued Service Bulletin 4A4030–25A379, dated August 10, 2009, for Model ERJ 170 airplanes; and Service Bulletin 104003–25A380, Revision 2, dated July 7, 2009, for Model ERJ 190 airplanes. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our E:\FR\FM\13JAP1.SGM 13JAP1

Agencies

[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2277-2279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-644]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150--AI89
[NRC-2011-0002]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is proposing to amend its spent fuel storage cask 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 would revise the definitions for Damaged Fuel Assembly 
and Transfer Operations; add definitions for Fuel Class and 
Reconstituted Fuel Assembly; 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; clarify the requirements for neutron absorber tests; 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 (TS).

DATES: Comments on the proposed rule must be received on or before 
February 14, 2011.

ADDRESSES: Please include Docket ID NRC-2011-0002 in the subject line 
of your comments. For instructions on submitting comments and accessing 
documents related to this action, see Section I, ``Submitting Comments 
and Accessing Information'' in the SUPPLEMENTARY INFORMATION section of 
this document. You may submit comments by any one of the following 
methods.
    Federal Rulemaking Web site: Go to https://www.regulations.gov and 
search for documents filed under Docket ID NRC-2011-0002. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-492-
3668, e-mail: Carol.Gallager@nrc.gov.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Hand-deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (Telephone 301-
415-1677).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6445, e-mail: Gregory.Trussell@nrc.gov.

SUPPLEMENTARY INFORMATION:

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal Rulemaking Web site, https://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed. The NRC requests that any party soliciting or 
aggregating comments received from other persons for submission to the 
NRC inform those persons that the NRC will not edit their comments to 
remove any identifying or contact information, and therefore, they 
should not include any information in their comments that they do not 
want publicly disclosed.
    You can access publicly available documents related to this 
document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have

[[Page 2278]]

copied for a fee publicly available documents at the NRC's PDR, Room 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.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to this proposed rule can be found at https://www.regulations.gov by searching on Docket ID NRC-2011-0002.
    For additional information, see the Direct Final Rule published in 
the Rules and Regulations section of this Federal Register.

Procedural Background

    On May 6 and 7, 2010, respectively, a direct final rule (75 FR 
24786) and companion proposed rule (75 FR 25120) were published in the 
Federal Register to revise the cask system listing for the TN 
NUHOMS[supreg] HD System by adding Amendment No. 1 to the list of 
approved spent fuel storage casks in Title 10 of the Code of Federal 
Regulations (10 CFR) 72.214. After the rules were published, the 
applicant identified that a certain TS for Boral characterization (TS 
4.3.1, ``Neutron Absorber Tests'') was not written precisely and in a 
manner that could be readily and demonstrably implemented. On July 16, 
2010, the NRC withdrew the direct final rule (75 FR 41369) and the 
companion proposed rule (75 FR 41404).The applicant submitted revised 
language for TS 4.3.1 (and Final Safety Analysis Report (FSAR) sections 
incorporated into the TS by reference) on July 26 and August 24, 2010, 
which NRC staff reviewed and found to be acceptable. This proposed rule 
includes the original Amendment No. 1 changes and the revised TS 4.3.1 
and FSAR sections incorporated into the TS by reference.
    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1030 and does not include other aspects of the NUHOMS[supreg] 
HD System design. Because NRC considers this action noncontroversial 
and routine, the NRC is publishing this proposed rule concurrently as a 
direct final rule in the Rules and Regulations section of this Federal 
Register. Adequate protection of public health and safety continues to 
be ensured. The direct final rule will become effective on March 29, 
2011. However, if the NRC receives significant adverse comments on the 
direct final rule by February 14, 2011, then the NRC will publish a 
document that withdraws the direct final rule. If the direct final rule 
is withdrawn, the NRC will address the comments received in response to 
the proposed revisions in a subsequent final rule. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period on this action in the 
event the direct final rule is withdrawn.
    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.
    For additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this Federal Register.

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. 553; the NRC is proposing to adopt the following 
amendments to 10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

    1. The authority citation for Part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, 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 Sec.  72.214, Certificate of Compliance 1030 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1030.
    Initial Certificate Effective Date: January 10, 2007.
    Amendment Number 1 Effective Date: March 29, 2011.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] HD 
Horizontal Modular Storage System for Irradiated Nuclear Fuel.

[[Page 2279]]

    Docket Number: 72-1030.
    Certificate Expiration Date: January 10, 2027.
    Model Number: NUHOMS[supreg] HD-32PTH.
* * * * *


    Dated at Rockville, Maryland this 13th day of December 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2011-644 Filed 1-12-11; 8:45 am]
BILLING CODE 7590-01-P
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