Independent Spent Fuel Storage Installation Security Requirements, 41901-41903 [2024-10480]

Download as PDF 41901 Proposed Rules Federal Register Vol. 89, No. 94 Tuesday, May 14, 2024 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. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 and 73 [Docket No. PRM–72–6; NRC–2009–0558; NRC–2008–0649] RIN 3150–AI78 Independent Spent Fuel Storage Installation Security Requirements Nuclear Regulatory Commission. ACTION: Discontinuation of rulemaking activity; denial of petition for rulemaking. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing the rulemaking activity, ‘‘Independent Spent Fuel Storage Installation Security Requirements for Radiological Sabotage,’’ and denying Request 11 in the associated petition for rulemaking (PRM), PRM–72–6. The purpose of this action is to inform members of the public that this rulemaking activity is being discontinued and to provide a brief discussion of the NRC’s decision to discontinue the rulemaking and deny the petition. The rulemaking activity will no longer be reported in the NRC’s portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda). DATES: As of May 14, 2024, the rulemaking activity discussed in this document is discontinued and Request 11 in the petition for rulemaking is denied. SUMMARY: Please refer to Docket IDs NRC–2009–0558 or NRC–2008–0649 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2009–0558 or NRC– 2008–0649. Address questions about NRC dockets to Angella Love Blair; email: angella.loveblair@nrc.gov. For khammond on DSKJM1Z7X2PROD with PROPOSALS ADDRESSES: VerDate Sep<11>2014 16:07 May 13, 2024 Jkt 262001 technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, 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, at 301–415–4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to pdr.resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–6244; email: Gregory.Trussell@nrc.gov; or Johari Moore, Office of Nuclear Security and Incident Response; telephone: 301–287– 3787; email: Johari.Moore@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: I. Background A. Independent Spent Fuel Storage Installation (ISFSI) Security Requirements Rulemaking In SECY–07–0148, ‘‘Independent Spent Fuel Storage Installation Requirements for Radiological Sabotage,’’ dated August 28, 2007, the NRC staff proposed to develop new security requirements to update the security regulations for ISFSIs. Following subsequent analysis, as directed by the Commission in staff requirements memorandum (SRM) SRM–COMKLS–18–003, ‘‘Fiscal Year 2020 Budget to the Commission,’’ dated August 22, 2018, and SRM–SECY–19– PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 0100, ‘‘Discontinuation of RulemakingIndependent Spent Fuel Storage Installation Security Requirements,’’ dated August 4, 2021, the staff provided SECY–22–0098, ‘‘Rulemaking Options for Revising Security Requirements for Facilities Storing Spent Nuclear Fuel and High-Level Radioactive Waste.’’ In SECY–22–0098, the staff outlined its determination that the current regulatory framework, including the additional requirements in the post-9/11 security orders, provides reasonable assurance of adequate protection of public health and safety for facilities storing spent nuclear fuel and high-level radioactive waste and recommended that the Commission approve discontinuing the rulemaking directed by the Commission in SRM–SECY–07– 0148, ‘‘Staff Requirements—SECY–07– 0148—Independent Spent Fuel Storage Installation Security Requirements for Radiological Sabotage.’’ In SRM–SECY– 22–0098, dated October 4, 2023, the Commission approved discontinuing the rulemaking. B. Petition for Rulemaking Section 2.802 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Petition for rulemaking,’’ provides an opportunity for any interested person to petition the Commission to issue, amend, or rescind any regulation. On November 24, 2008, the NRC received a PRM filed by Sandra Gavutis (the petitioner), Executive Director of C–10 Research and Education Foundation, Inc. The petitioner requested that the NRC amend its regulations concerning dry cask safety, security, transferability, and longevity. The petitioner made 12 specific requests in the petition. The NRC docketed the petition as PRM–72– 6 and documented it in the Federal Register for public comment on March 3, 2009 (74 FR 9178). The staff discussed its review of the petition and the comments received in SECY–12– 0079, ‘‘Partial Closure of Petition for Rulemaking (PRM–72–6) C–10 Research and Education Foundation, Inc.,’’ dated June 1, 2012. The Commission approved the staff’s recommendation for partial closure of the PRM in SRM–SECY–12– 0079, dated September 7, 2012. In a Federal Register document dated October 16, 2012 (77 FR 63254), the NRC denied 9 of the petitioner’s 12 specific requests (Requests 1–3, 5–8, 10, and 12), reserved 2 requests for future E:\FR\FM\14MYP1.SGM 14MYP1 41902 Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Proposed Rules rulemaking determination (Requests 4 and 9), and accepted 1 request (Request 11) for consideration as part of the ISFSI security requirements rulemaking effort. Subsequently, the NRC announced its final decision to deny Requests 4 and 9 in the Federal Register on June 24, 2016 (81 FR 41258). As stated in the petition, Request 11 in PRM–72–6 requested that the NRC amend its regulations to do the following: [R]equire Hardened On-Site Storage (HOSS) at all nuclear power plants as well as away-from-reactor dry cask storage sites: that all nuclear industry interim on-site or off-site dry cask storage installations or ISFSIs be fortified against attack. In addition all sites should be safeguarded against accident and age-related leakage. In SECY–19–0100, the staff recommended that the Commission deny Request 11 in PRM–72–6. Following the receipt of SRM–SECY– 22–0098, the NRC staff submitted SECY–24–0006, ‘‘Denial of Request 11 in PRM–72–6 as Part of Notice Discontinuing Independent Spent Fuel Storage Installation Security Requirements Rulemaking,’’ dated January 22, 2024. In SRM–SECY–24– 0006, dated January 31, 2024, the Commission approved the staff’s recommendation. II. Discussion A. Discontinuation of Rulemaking Activity In SRM–SECY–22–0098, dated October 4, 2023, the Commission approved discontinuing the rulemaking. The NRC finds that the current regulatory framework provides reasonable assurance of adequate protection of public health and safety for facilities storing spent nuclear fuel and high-level radioactive waste, regardless of the ISFSI license type or location. The NRC’s experience shows that the staff, licensees, applicants, and other stakeholders have been able to understand and apply the existing ISFSI security requirements, and the NRC has successfully addressed the appropriate security considerations for new license applicants on a case-by-case basis. B. Denial of Petition for Rulemaking Following the receipt of SRM–SECY– 22–0098, the NRC staff submitted SECY–24–0006, ‘‘Denial of Request 11 In PRM–72–6 as Part of Notice Discontinuing Independent Spent Fuel Storage Installation Security Requirements Rulemaking,’’ dated January 22, 2024. The staff recommended that the Commission deny Request 11 in PRM–72–6. The staff also noted that, in the 2012 Federal Register document that accepted Request 11 for consideration within the context of the ISFSI security rulemaking effort (77 FR 63254, 63256), the NRC stated that it has not mandated hardened on-site storage because the NRC ‘‘has, consistently, found that the robust nature of dry cask storage systems approved by the NRC under 10 CFR part 72 assures the protection of public health, safety, and security.’’ This statement was made in 2012 in response to public comments on Request 11. In SRM–SECY–24–0006, dated January 31, 2024, the Commission approved the staff’s recommendation. The NRC is denying Request 11 in PRM–72–6 because the NRC has found that the existing security requirements for ISFSIs, together with the additional requirements in the post-9/11 security orders, provide reasonable assurance of adequate protection of public health and safety. III. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ADAMS accession No. or Federal Register citation Document khammond on DSKJM1Z7X2PROD with PROPOSALS Petition for Rulemaking, ‘‘The C–I0 Research and Education Foundation Inc. Petition for NRC Rulemaking to Upgrade Interim Dry Cask Storage Code Requirements’’ (November 24, 2008). 10 CFR Part 72, ‘‘C–10 Research and Education Foundation, Inc.; Receipt of Petition for Rulemaking’’ (March 3, 2009). SECY–12–0079, ‘‘Partial Closure of Petition for Rulemaking (PRM–72–6) C–10 Research and Education Foundation, Inc.’’ (September 7, 2012). 10 CFR Part 72, ‘‘Petition for Rulemaking Submitted by C–10 Research and Education Foundation, Inc.: Petition for rulemaking; partial consideration in the rulemaking process’’ (October 16, 2012). 10 CFR Part 72, ‘‘Petition for Rulemaking Submitted by C–10 Research and Education Foundation, Inc.: Petition for rulemaking; denial’’ (June 24, 2016). SRM–SECY–07–0148, ‘‘Staff Requirements—SECY–07–0148—Independent Spent Fuel Storage Installation Security Requirements for Radiological Sabotage’’ (December 18, 2017). SRM–COMKLS–18–003, ‘‘Fiscal Year 2020 Budget to the Commission’’ (August 22, 2018) ............................... SECY–19–0100, ‘‘Discontinuation of Rulemaking-Independent Spent Fuel Storage Installation Security Requirements’’ (October 9, 2019). SRM–SECY–19–0100, ‘‘Staff Requirements—SECY–19–0100—Discontinuation of Rulemaking Independent Spent Fuel Storage Installation Security Requirements’’ (August 4, 2021). SECY–22–0098, ‘‘Rulemaking Options for Revising Security Requirements for Facilities Storing Spent Nuclear Fuel and High-Level Radioactive Waste’’ (November 30, 2022). SRM–SECY–22–0098, ‘‘Staff Requirements—SECY–22–0098—Rulemaking Options for Revising Security Requirements for Facilities Storing Spent Nuclear Fuel and High-Level Radioactive Waste’’ (October 4, 2023). SECY–07–0148, ‘‘Independent Spent Fuel Storage Installation Requirements for Radiological Sabotage’’ (August 28, 2007). SRM–SECY–24–0006, ‘‘Denial of Request 11 in Petition for Rulemaking (PRM)-72–6 as Part of Notice Discontinuing Independent Spent Fuel Storage Installation Security Requirements Rulemaking’’ (January 31, 2024). IV. Conclusion The NRC is discontinuing the ISFSI security requirements rulemaking and is denying Request 11 in PRM–72–6 for the reasons discussed in this document. VerDate Sep<11>2014 16:07 May 13, 2024 Jkt 262001 In the next edition of the Unified Agenda, the NRC will update the entry for this rulemaking activity and reference this document to indicate that the rulemaking activity is no longer PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 ML083470148. 74 FR 9178. ML12251A238. 77 FR 63254. 81 FR 41258. ML073530119. ML18234A238 (nonpublic, budget information). ML19172A301 (package). ML21217A045. ML22243A143 (package). ML23277A281. ML080250294. ML24031A573. being pursued. This rulemaking activity will appear in the Completed Actions section of that edition of the Unified Agenda but will not appear in future editions. If the NRC decides to pursue E:\FR\FM\14MYP1.SGM 14MYP1 Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Proposed Rules similar or related rulemaking activities in the future, it will inform the public through new rulemaking entries in the Unified Agenda. Dated: May 2, 2024. For the Nuclear Regulatory Commission. Raymond Furstenau, Acting Executive Director for Operations. [FR Doc. 2024–10480 Filed 5–13–24; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1293; Project Identifier MCAI–2023–01283–T] RIN 2120–AA64 Airworthiness Directives; Saab AB, (Formerly Known as Saab AB, Support and Services) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2021–26–05, which applies to all Saab AB Model SAAB 2000 airplanes. AD 2021–26–05 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2021–26–05, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require certain actions in AD 2021–26– 05 and require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. SUMMARY: The FAA must receive comments on this NPRM by June 28, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room khammond on DSKJM1Z7X2PROD with PROPOSALS DATES: VerDate Sep<11>2014 16:07 May 13, 2024 Jkt 262001 W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1293; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA– 2024–1293. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue Suite 410, Westbury, NY 11590; phone: 206–231–3220; email: shahram.daneshmandi@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2024–1293; Project Identifier MCAI–2023–01283–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend the proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 41903 Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206–231– 3220; email: shahram.daneshmandi@ faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2021–26–05, Amendment 39–21863 (87 FR 1335, January 11, 2022) (AD 2021–26–05), for all Saab AB, Support and Services Model SAAB 2000 airplanes. AD 2021– 26–05 was prompted by an MCAI originated by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union. EASA issued AD 2021–0132, dated May 25, 2021 (EASA AD 2021–0132) (which corresponds to FAA AD 2021–26–05), to correct an unsafe condition. AD 2021–26–05 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2021– 26–05 to address, among other things, fatigue cracking of principal structural elements (PSEs) and corrosion prevention and control. This unsafe condition, if not addressed, could result in reduced structural integrity of a PSE, and lead to loss of control of the airplane. Actions Since AD 2021–26–05 Was Issued Since the FAA issued AD 2021–26– 05, EASA superseded AD 2021–0132, and issued EASA AD 2023–0220, dated December 21, 2023 (EASA AD 2023– 0220) (referred to after this as the MCAI) for all Saab AB Model SAAB 2000 E:\FR\FM\14MYP1.SGM 14MYP1

Agencies

[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Proposed Rules]
[Pages 41901-41903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10480]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 89, No. 94 / Tuesday, May 14, 2024 / Proposed 
Rules

[[Page 41901]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72 and 73

[Docket No. PRM-72-6; NRC-2009-0558; NRC-2008-0649]
RIN 3150-AI78


Independent Spent Fuel Storage Installation Security Requirements

AGENCY: Nuclear Regulatory Commission.

ACTION: Discontinuation of rulemaking activity; denial of petition for 
rulemaking.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing 
the rulemaking activity, ``Independent Spent Fuel Storage Installation 
Security Requirements for Radiological Sabotage,'' and denying Request 
11 in the associated petition for rulemaking (PRM), PRM-72-6. The 
purpose of this action is to inform members of the public that this 
rulemaking activity is being discontinued and to provide a brief 
discussion of the NRC's decision to discontinue the rulemaking and deny 
the petition. The rulemaking activity will no longer be reported in the 
NRC's portion of the Unified Agenda of Regulatory and Deregulatory 
Actions (the Unified Agenda).

DATES: As of May 14, 2024, the rulemaking activity discussed in this 
document is discontinued and Request 11 in the petition for rulemaking 
is denied.

ADDRESSES: Please refer to Docket IDs NRC-2009-0558 or NRC-2008-0649 
when contacting the NRC about the availability of information for this 
action. You may obtain publicly available information related to this 
action by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2009-0558 or NRC-2008-
0649. Address questions about NRC dockets to Angella Love Blair; email: 
[email protected]. For technical questions, contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6244; email: 
[email protected]; or Johari Moore, Office of Nuclear Security 
and Incident Response; telephone: 301-287-3787; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Independent Spent Fuel Storage Installation (ISFSI) Security 
Requirements Rulemaking

    In SECY-07-0148, ``Independent Spent Fuel Storage Installation 
Requirements for Radiological Sabotage,'' dated August 28, 2007, the 
NRC staff proposed to develop new security requirements to update the 
security regulations for ISFSIs. Following subsequent analysis, as 
directed by the Commission in staff requirements memorandum (SRM) SRM-
COMKLS-18-003, ``Fiscal Year 2020 Budget to the Commission,'' dated 
August 22, 2018, and SRM-SECY-19-0100, ``Discontinuation of Rulemaking-
Independent Spent Fuel Storage Installation Security Requirements,'' 
dated August 4, 2021, the staff provided SECY-22-0098, ``Rulemaking 
Options for Revising Security Requirements for Facilities Storing Spent 
Nuclear Fuel and High-Level Radioactive Waste.''
    In SECY-22-0098, the staff outlined its determination that the 
current regulatory framework, including the additional requirements in 
the post-9/11 security orders, provides reasonable assurance of 
adequate protection of public health and safety for facilities storing 
spent nuclear fuel and high-level radioactive waste and recommended 
that the Commission approve discontinuing the rulemaking directed by 
the Commission in SRM-SECY-07-0148, ``Staff Requirements--SECY-07-
0148--Independent Spent Fuel Storage Installation Security Requirements 
for Radiological Sabotage.'' In SRM-SECY-22-0098, dated October 4, 
2023, the Commission approved discontinuing the rulemaking.

B. Petition for Rulemaking

    Section 2.802 of title 10 of the Code of Federal Regulations (10 
CFR), ``Petition for rulemaking,'' provides an opportunity for any 
interested person to petition the Commission to issue, amend, or 
rescind any regulation. On November 24, 2008, the NRC received a PRM 
filed by Sandra Gavutis (the petitioner), Executive Director of C-10 
Research and Education Foundation, Inc. The petitioner requested that 
the NRC amend its regulations concerning dry cask safety, security, 
transferability, and longevity. The petitioner made 12 specific 
requests in the petition. The NRC docketed the petition as PRM-72-6 and 
documented it in the Federal Register for public comment on March 3, 
2009 (74 FR 9178). The staff discussed its review of the petition and 
the comments received in SECY-12-0079, ``Partial Closure of Petition 
for Rulemaking (PRM-72-6) C-10 Research and Education Foundation, 
Inc.,'' dated June 1, 2012. The Commission approved the staff's 
recommendation for partial closure of the PRM in SRM-SECY-12-0079, 
dated September 7, 2012. In a Federal Register document dated October 
16, 2012 (77 FR 63254), the NRC denied 9 of the petitioner's 12 
specific requests (Requests 1-3, 5-8, 10, and 12), reserved 2 requests 
for future

[[Page 41902]]

rulemaking determination (Requests 4 and 9), and accepted 1 request 
(Request 11) for consideration as part of the ISFSI security 
requirements rulemaking effort. Subsequently, the NRC announced its 
final decision to deny Requests 4 and 9 in the Federal Register on June 
24, 2016 (81 FR 41258). As stated in the petition, Request 11 in PRM-
72-6 requested that the NRC amend its regulations to do the following:

    [R]equire Hardened On-Site Storage (HOSS) at all nuclear power 
plants as well as away-from-reactor dry cask storage sites: that all 
nuclear industry interim on-site or off-site dry cask storage 
installations or ISFSIs be fortified against attack. In addition all 
sites should be safeguarded against accident and age-related 
leakage.

    In SECY-19-0100, the staff recommended that the Commission deny 
Request 11 in PRM-72-6. Following the receipt of SRM-SECY-22-0098, the 
NRC staff submitted SECY-24-0006, ``Denial of Request 11 in PRM-72-6 as 
Part of Notice Discontinuing Independent Spent Fuel Storage 
Installation Security Requirements Rulemaking,'' dated January 22, 
2024. In SRM-SECY-24-0006, dated January 31, 2024, the Commission 
approved the staff's recommendation.

II. Discussion

A. Discontinuation of Rulemaking Activity

    In SRM-SECY-22-0098, dated October 4, 2023, the Commission approved 
discontinuing the rulemaking. The NRC finds that the current regulatory 
framework provides reasonable assurance of adequate protection of 
public health and safety for facilities storing spent nuclear fuel and 
high-level radioactive waste, regardless of the ISFSI license type or 
location. The NRC's experience shows that the staff, licensees, 
applicants, and other stakeholders have been able to understand and 
apply the existing ISFSI security requirements, and the NRC has 
successfully addressed the appropriate security considerations for new 
license applicants on a case-by-case basis.

B. Denial of Petition for Rulemaking

    Following the receipt of SRM-SECY-22-0098, the NRC staff submitted 
SECY-24-0006, ``Denial of Request 11 In PRM-72-6 as Part of Notice 
Discontinuing Independent Spent Fuel Storage Installation Security 
Requirements Rulemaking,'' dated January 22, 2024. The staff 
recommended that the Commission deny Request 11 in PRM-72-6. The staff 
also noted that, in the 2012 Federal Register document that accepted 
Request 11 for consideration within the context of the ISFSI security 
rulemaking effort (77 FR 63254, 63256), the NRC stated that it has not 
mandated hardened on-site storage because the NRC ``has, consistently, 
found that the robust nature of dry cask storage systems approved by 
the NRC under 10 CFR part 72 assures the protection of public health, 
safety, and security.'' This statement was made in 2012 in response to 
public comments on Request 11. In SRM-SECY-24-0006, dated January 31, 
2024, the Commission approved the staff's recommendation. The NRC is 
denying Request 11 in PRM-72-6 because the NRC has found that the 
existing security requirements for ISFSIs, together with the additional 
requirements in the post-9/11 security orders, provide reasonable 
assurance of adequate protection of public health and safety.

III. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

----------------------------------------------------------------------------------------------------------------
                        Document                             ADAMS accession No. or Federal Register citation
----------------------------------------------------------------------------------------------------------------
Petition for Rulemaking, ``The C-I0 Research and          ML083470148.
 Education Foundation Inc. Petition for NRC Rulemaking
 to Upgrade Interim Dry Cask Storage Code Requirements''
 (November 24, 2008).
10 CFR Part 72, ``C-10 Research and Education             74 FR 9178.
 Foundation, Inc.; Receipt of Petition for Rulemaking''
 (March 3, 2009).
SECY-12-0079, ``Partial Closure of Petition for           ML12251A238.
 Rulemaking (PRM-72-6) C-10 Research and Education
 Foundation, Inc.'' (September 7, 2012).
10 CFR Part 72, ``Petition for Rulemaking Submitted by C- 77 FR 63254.
 10 Research and Education Foundation, Inc.: Petition
 for rulemaking; partial consideration in the rulemaking
 process'' (October 16, 2012).
10 CFR Part 72, ``Petition for Rulemaking Submitted by C- 81 FR 41258.
 10 Research and Education Foundation, Inc.: Petition
 for rulemaking; denial'' (June 24, 2016).
SRM-SECY-07-0148, ``Staff Requirements--SECY-07-0148--    ML073530119.
 Independent Spent Fuel Storage Installation Security
 Requirements for Radiological Sabotage'' (December 18,
 2017).
SRM-COMKLS-18-003, ``Fiscal Year 2020 Budget to the       ML18234A238 (nonpublic, budget information).
 Commission'' (August 22, 2018).
SECY-19-0100, ``Discontinuation of Rulemaking-            ML19172A301 (package).
 Independent Spent Fuel Storage Installation Security
 Requirements'' (October 9, 2019).
SRM-SECY-19-0100, ``Staff Requirements--SECY-19-0100--    ML21217A045.
 Discontinuation of Rulemaking Independent Spent Fuel
 Storage Installation Security Requirements'' (August 4,
 2021).
SECY-22-0098, ``Rulemaking Options for Revising Security  ML22243A143 (package).
 Requirements for Facilities Storing Spent Nuclear Fuel
 and High-Level Radioactive Waste'' (November 30, 2022).
SRM-SECY-22-0098, ``Staff Requirements--SECY-22-0098--    ML23277A281.
 Rulemaking Options for Revising Security Requirements
 for Facilities Storing Spent Nuclear Fuel and High-
 Level Radioactive Waste'' (October 4, 2023).
SECY-07-0148, ``Independent Spent Fuel Storage            ML080250294.
 Installation Requirements for Radiological Sabotage''
 (August 28, 2007).
SRM-SECY-24-0006, ``Denial of Request 11 in Petition for  ML24031A573.
 Rulemaking (PRM)-72-6 as Part of Notice Discontinuing
 Independent Spent Fuel Storage Installation Security
 Requirements Rulemaking'' (January 31, 2024).
----------------------------------------------------------------------------------------------------------------

IV. Conclusion

    The NRC is discontinuing the ISFSI security requirements rulemaking 
and is denying Request 11 in PRM-72-6 for the reasons discussed in this 
document. In the next edition of the Unified Agenda, the NRC will 
update the entry for this rulemaking activity and reference this 
document to indicate that the rulemaking activity is no longer being 
pursued. This rulemaking activity will appear in the Completed Actions 
section of that edition of the Unified Agenda but will not appear in 
future editions. If the NRC decides to pursue

[[Page 41903]]

similar or related rulemaking activities in the future, it will inform 
the public through new rulemaking entries in the Unified Agenda.

    Dated: May 2, 2024.

    For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-10480 Filed 5-13-24; 8:45 am]
BILLING CODE 7590-01-P
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