List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized NUHOMS® Cask System, 63408-63410 [2013-24905]
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63408
Proposed Rules
Federal Register
Vol. 78, No. 206
Thursday, October 24, 2013
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Parts 2 and 3
Petition To Amend Animal Welfare Act
Regulations To Prohibit Public Contact
With Big Cats, Bears, and Nonhuman
Primates
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice; reopening of comment
period.
AGENCY:
We are reopening the
comment period for a petition
requesting amendments to the Animal
Welfare Act regulations and standards,
including to prohibit licensees from
allowing individuals, with certain
exceptions, from coming into direct or
physical contact with big cats, bears, or
nonhuman primates of any age, to
define the term ‘‘sufficient distance,’’
and to prohibit the public handling of
young or immature big cats, bears, and
nonhuman primates and the separation
of such animals from their dams before
the species-typical age of weaning
absent medical necessity. This action
will allow interested persons additional
time to prepare and submit comments.
DATES: The comment period for the
notice published on August 5, 2013 (78
FR 47215) is reopened. We will consider
all comments that we receive on or
before November 18, 2013.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS–2012–
0107–0001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2012–0107, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
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Done in Washington, DC, this 18th day of
October 2013.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
Dr.
Barbara Kohn, DVM, Senior Staff
Officer, USDA, APHIS, Animal Care,
4700 River Road Unit 84, Riverdale, MD
20737–1234; (301) 851–3751.
RIN 3150–AJ10
FOR FURTHER INFORMATION CONTACT:
[Docket No. APHIS–2012–0107]
SUMMARY:
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS–2012–0107 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
On August
5, 2013, we published in the Federal
Register (78 FR 47215–47217, Docket
No. APHIS–2012–0107) a notice 1
making available for comment a petition
requesting amendments to the Animal
Welfare Act regulations and standards,
including to prohibit licensees from
allowing individuals, with certain
exceptions, from coming into direct or
physical contact with big cats, bears, or
nonhuman primates of any age, to
define the term ‘‘sufficient distance,’’
and to prohibit the public handling of
young or immature big cats, bears, and
nonhuman primates and the separation
of such animals from their dams before
the species-typical age of weaning
absent medical necessity.
Comments on the petition were
required to be received on or before
October 4, 2013. We are reopening the
comment period on Docket No. APHIS–
2012–0107 for an additional 45 days.
This action will allow interested
persons additional time to prepare and
submit comments. We will also consider
all comments received between October
5, 2013 (the day after the close of the
original comment period) and the date
of this notice.
SUPPLEMENTARY INFORMATION:
Authority: 7 U.S.C. 2131–2159; 7 CFR
2.22, 2.80, and 371.7.
1 To view the notice, petition, and the comments
we have received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS–2012–0107.
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[FR Doc. 2013–25004 Filed 10–23–13; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2012–0020]
List of Approved Spent Fuel Storage
Casks: Transnuclear, Inc. Standardized
NUHOMS® Cask System
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Transnuclear, Inc.
Standardized NUHOMS® Cask System
listing within the ‘‘List of Approved
Spent Fuel Storage Casks’’ to include
Amendment No. 11 to Certificate of
Compliance (CoC) No. 1004.
Amendment No. 11 revises authorized
contents to include: adding a new
transfer cask, the OS197L, for use with
the 32PT and 61BT dry shielded
canisters; and converting the CoC No.
1004 Technical Specifications (TS) to
the format in NUREG–1745, ‘‘Standard
Format and Content for Technical
Specifications for 10 CFR [Title 10 of
the Code of Federal Regulations] Part 72
Cask Certificates of Compliance.’’ In
addition, the amendment makes several
other changes as described under the
‘‘Discussion of Changes’’ heading in the
SUPPLEMENTARY INFORMATION section of
the direct final rule published in the
Rules and Regulations section of this
issue of the Federal Register.
DATES: Submit comments by November
25, 2013. Comments received after this
date will be considered if it is practical
to do so, but the NRC staff is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any one of the following methods
(unless this document describes a
different method for submitting
comments on a specific subject):
SUMMARY:
E:\FR\FM\24OCP1.SGM
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0020. Address
questions about NRC dockets to Carol
Gallagher, telephone: 301–287–3422,
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Gregory R. Trussell, Office of Federal
and State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–415–
6445, email: Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2012–
0020 when contacting the NRC about
the availability of information for this
proposed rule. You may access
information related to this proposed
rulemaking, which the NRC possesses
and is publicly available by any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0020.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
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a document is referenced. The proposed
CoC and the preliminary Safety
Evaluation Report are available in
ADAMS under Package Accession No.
ML120130550. The ADAMS Accession
No. for the Transnuclear, Inc.
Standardized NUHOMS® Cask System
Amendment No. 11 dated April 10,
2007, is ML071240088.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2012–
0020 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS,
and the NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Procedural Background
This rule is limited to the changes
contained in Amendment No. 11 to CoC
No. 1004 and does not include other
aspects of the Transnuclear, Inc.
Standardized NUHOMS® Cask System
design. Because the NRC considers this
action noncontroversial and routine, the
NRC is publishing this proposed rule
concurrently with a direct final rule in
the Rules and Regulations section of this
issue of the Federal Register. Adequate
protection of public health and safety
continues to be ensured. The direct final
rule will become effective on January 7,
2014. However, if the NRC receives
significant adverse comments on this
proposed rule by November 25, 2013,
then the NRC will publish a document
that withdraws the direct final rule. If
the direct final rule is withdrawn, the
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63409
NRC will address the comments
received in response to these 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 TSs.
For additional procedural information
and the regulatory analysis and the
availability of the environmental
assessment and finding of no significant
impact, see the direct final rule
published in the Rules and Regulations
section of this issue of the Federal
Register.
III. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
The NRC requests comment on the
proposed rule with respect to the clarity
and effectiveness of the language used.
List of Subjects in 10 CFR part 72
Administrative practice and
procedure, Criminal penalties,
Manpower training programs, Nuclear
materials, Occupational safety and
health, Penalties, Radiation protection,
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63410
Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Proposed Rules
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: Atomic Energy Act secs. 51, 53,
57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186,
187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073,
2077, 2092, 2093, 2095, 2099, 2111, 2201,
2232, 2233, 2234, 2236, 2237, 2238, 2273,
2282, 2021); Energy Reorganization Act sec.
201, 202, 206, 211 (42 U.S.C. 5841, 5842,
5846, 5851); National Environmental Policy
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Policy Act secs. 131, 132, 133, 135, 137, 141,
148 (42 U.S.C. 10151, 10152, 10153, 10155,
10157, 10161, 10168); sec. 1704, 112 Stat.
2750 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, Pub. L. No. 109–58, 119 Stat. 549
(2005).
Section 72.44(g) also issued under secs.
Nuclear Waste Policy Act 142(b) and 148(c),
(d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic
Energy Act sec. 189 (42 U.S.C. 2239); Nuclear
Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear
Waste Policy Act sec. 145(g) (42 U.S.C.
10165(g)). Subpart J also issued under
Nuclear Waste Policy Act secs. 117(a), 141(h)
(42 U.S.C. 10137(a), 10161(h)). Subpart K is
also issued under sec. 218(a) (42 U.S.C.
10198).
2. In § 72.214, Certificate of
Compliance 1004 is revised to read as
follows:
■
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*
*
*
*
Certificate Number: 1004.
Initial Certificate Effective Date:
January 23, 1995.
Amendment Number 1 Effective Date:
April 27, 2000.
Amendment Number 2 Effective Date:
September 5, 2000.
Amendment Number 3 Effective Date:
September 12, 2001.
Amendment Number 4 Effective Date:
February 12, 2002.
Amendment Number 5 Effective Date:
January 7, 2004.
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Dated at Rockville, Maryland, this 2nd day
of October, 2013.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2013–24905 Filed 10–23–13; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE–2013–BT–TP–0004]
RIN 1904–AC94
Energy Conservation Program for
Consumer Products: Test Procedures
for Direct Heating Equipment and Pool
Heaters
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
and public meeting.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to revise its test
procedures for direct heating equipment
and pool heaters established under the
Energy Policy and Conservation Act.
This rulemaking will fulfill DOE’s
statutory obligation to review its test
procedures for covered products at least
once every seven years. For direct
heating equipment, the proposed
amendments would add provisions for
testing vented home heating equipment
that utilizes condensing technology, and
to incorporate by reference six industry
test standards to replace the outdated
test standards which are referred to in
the existing DOE test procedure. These
industry standards reflect the current
SUMMARY:
§ 72.214 List of approved spent fuel
storage casks.
*
Amendment Number 6 Effective Date:
December 22, 2003.
Amendment Number 7 Effective Date:
March 2, 2004.
Amendment Number 8 Effective Date:
December 5, 2005.
Amendment Number 9 Effective Date:
April 17, 2007.
Amendment Number 10 Effective
Date: August 24, 2009.
Amendment Number 11 Effective
Date: January 7, 2014.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis
Report for the Standardized NUHOMS®
Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72–1004.
Certificate Expiration Date: January
23, 2015.
Model Number: NUHOMS®–24P,
–24PHB, –24PTH, –32PT, –32PTH1,
–52B, –61BT, and –61BTH.
*
*
*
*
*
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practice in test set-up and test
conditions for testing direct heating
equipment. For pool heaters, the
proposed amendments would
incorporate by reference ANSI/Airconditioning, Heating, and Refrigeration
Institute (AHRI) Standard 1160–2009,
‘‘Performance Rating of Heat Pump Pool
Heaters,’’ and ANSI/American Society
of Heating, Refrigerating, and Airconditioning Engineers (ASHRAE)
Standard 146–2011, ‘‘Method of Testing
and Rating Pool Heaters,’’ to establish a
test method for electric pool heaters
(including heat pump pool heaters). The
proposed amendments would also
clarify the test procedure’s applicability
to oil-fired pool heaters. DOE is also
announcing a public meeting to discuss
and receive comments on issues
presented in this test procedure
rulemaking.
Comments: DOE will accept
comments, data, and information
regarding this notice of proposed
rulemaking (NOPR) before and after the
public meeting, but no later than
January 7, 2014. See section V, ‘‘Public
Participation,’’ for details.
Meeting: DOE will hold a public
meeting on Wednesday, December 4,
2013, from 9:00 a.m. to 4:00 p.m., in
Washington, DC. The meeting will also
be broadcast as a webinar. See section
V, ‘‘Public Participation,’’ for webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants.
DATES:
The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 1000
Independence Avenue SW.,
Washington, DC 20585. To attend,
please notify Ms. Brenda Edwards at
(202) 586–2945. For more information,
refer to section V, ‘‘Public
Participation,’’ near the end of this
notice of proposed rulemaking.
Interested persons are encouraged to
submit comments using the Federal
eRulemaking Portal at
www.regulations.gov. Alternatively,
interested persons may submit
comments, identified by docket number
EERE–2013–BT–TP–0004 and/or RIN
1904–AC94, by any of the following
methods:
• Email:
DirectHeatingPoolHeaters2013TP0004@
ee.doe.gov. Include EERE–2013–BT–
TP–0004 and/or RIN 1904–AC94 in the
subject line of the message. Submit
electronic comments in WordPerfect,
Microsoft Word, PDF, or ASCII file
format, and avoid the use of special
characters or any form of encryption.
ADDRESSES:
E:\FR\FM\24OCP1.SGM
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Agencies
[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Proposed Rules]
[Pages 63408-63410]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24905]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2012-0020]
RIN 3150-AJ10
List of Approved Spent Fuel Storage Casks: Transnuclear, Inc.
Standardized NUHOMS[supreg] Cask System
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Transnuclear, Inc.
Standardized NUHOMS[supreg] Cask System listing within the ``List of
Approved Spent Fuel Storage Casks'' to include Amendment No. 11 to
Certificate of Compliance (CoC) No. 1004. Amendment No. 11 revises
authorized contents to include: adding a new transfer cask, the OS197L,
for use with the 32PT and 61BT dry shielded canisters; and converting
the CoC No. 1004 Technical Specifications (TS) to the format in NUREG-
1745, ``Standard Format and Content for Technical Specifications for 10
CFR [Title 10 of the Code of Federal Regulations] Part 72 Cask
Certificates of Compliance.'' In addition, the amendment makes several
other changes as described under the ``Discussion of Changes'' heading
in the SUPPLEMENTARY INFORMATION section of the direct final rule
published in the Rules and Regulations section of this issue of the
Federal Register.
DATES: Submit comments by November 25, 2013. Comments received after
this date will be considered if it is practical to do so, but the NRC
staff is able to ensure consideration only for comments received on or
before this date.
ADDRESSES: You may submit comments by any one of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
[[Page 63409]]
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0020. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: Rulemaking.Comments@nrc.gov. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6445, email: Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0020 when contacting the NRC
about the availability of information for this proposed rule. You may
access information related to this proposed rulemaking, which the NRC
possesses and is publicly available by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0020.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The proposed CoC and the preliminary Safety Evaluation
Report are available in ADAMS under Package Accession No. ML120130550.
The ADAMS Accession No. for the Transnuclear, Inc. Standardized
NUHOMS[supreg] Cask System Amendment No. 11 dated April 10, 2007, is
ML071240088.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2012-0020 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS, and the NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.
II. Procedural Background
This rule is limited to the changes contained in Amendment No. 11
to CoC No. 1004 and does not include other aspects of the Transnuclear,
Inc. Standardized NUHOMS[supreg] Cask System design. Because the NRC
considers this action noncontroversial and routine, the NRC is
publishing this proposed rule concurrently with a direct final rule in
the Rules and Regulations section of this issue of the Federal
Register. Adequate protection of public health and safety continues to
be ensured. The direct final rule will become effective on January 7,
2014. However, if the NRC receives significant adverse comments on this
proposed rule by November 25, 2013, 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
these 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 TSs.
For additional procedural information and the regulatory analysis
and the availability of the environmental assessment and finding of no
significant impact, see the direct final rule published in the Rules
and Regulations section of this issue of the Federal Register.
III. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883). The NRC requests comment on the proposed rule with respect to
the clarity and effectiveness of the language used.
List of Subjects in 10 CFR part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, Radiation protection,
[[Page 63410]]
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
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National
Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151,
10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-
58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under secs. Nuclear Waste Policy
Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear Waste Policy Act sec.
145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear
Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a),
10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C.
10198).
0
2. In Sec. 72.214, Certificate of Compliance 1004 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1004.
Initial Certificate Effective Date: January 23, 1995.
Amendment Number 1 Effective Date: April 27, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: September 12, 2001.
Amendment Number 4 Effective Date: February 12, 2002.
Amendment Number 5 Effective Date: January 7, 2004.
Amendment Number 6 Effective Date: December 22, 2003.
Amendment Number 7 Effective Date: March 2, 2004.
Amendment Number 8 Effective Date: December 5, 2005.
Amendment Number 9 Effective Date: April 17, 2007.
Amendment Number 10 Effective Date: August 24, 2009.
Amendment Number 11 Effective Date: January 7, 2014.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear
Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
52B, -61BT, and -61BTH.
* * * * *
Dated at Rockville, Maryland, this 2nd day of October, 2013.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2013-24905 Filed 10-23-13; 8:45 am]
BILLING CODE 7590-01-P