[Federal Register: November 20, 2002 (Volume 67, Number 224)]
[Proposed Rules]
[Page 70029-70031]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no02-19]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AH-05
List of Approved Spent Fuel Storage Casks: VSC-24 Revision
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations revising the Pacific Sierra Nuclear Associates VSC-24
system listing within the ``List of Approved Spent Fuel Storage Casks''
to include Amendment No. 4 to the Certificate of Compliance. Amendment
No. 4 would modify the present cask system design to permit the storage
of different specific fuel control elements as integral components to
fuel assemblies under a general license. Also, Technical Specification
(TS) 1.1.1 would be amended to change the flood condition velocity from
7.62 meters per
[[Page 70030]]
second (m/s) [25 feet per second (ft/s)] to 5.39 m/s (17.7 ft/s); TS
1.2.1, 1.2.4., and 1.2.6 would be amended to address the additional
fuel control elements approved for storage; and TS 1.2.10 would de
deleted to eliminate redundant requirements for controlling moderator
density.
DATES: Comments on the proposed rule must be received on or before
December 20, 2002.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington DC 20555-0001, Attn: Rulemakings and
Adjudications Staff.
Deliver comments to 11555 Rockville Pike, Rockville, MD, between
7:30 a.m. and 4:15 p.m. on Federal workdays.
Certain documents related to this rulemaking, as well as all public
comments received on this rulemaking, may be viewed and downloaded
electronically via the NRC's rulemaking website at http://
ruleforum.llnl.gov. You may also provide comments via this website by
uploading comments as files (any format) if your web browser supports
that function. For information about the interactive rulemaking site,
contact Ms. Carol Gallagher (301) 415-5905; e-mail CAG@nrc.gov.
Certain documents related to this rule, including comments received
by the NRC, may be examined at the NRC Public Document Room 11555
Rockville Pike, Rockville, MD. For more information, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail to pdr@nrc.gov.
Documents created or received at the NRC after November 1, 1999,
are also available electronically at the NRC's Public Electronic
Reading Room on the Internet at http://www.nrc.gov/reading-rm/
adams.html. From this site, the public can gain entry into the NRC's
Agencywide Documents Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. An electronic
copy of the proposed Certificate of Compliance (CoC) and preliminary
Safety Evaluation Report (SER) can be found under ADAMS Accession No.
ML 022490171. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to
pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301)
415-6219, e-mail, jmm2@nrc.gov of the Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule published in the final rules section of this Federal
Register.
Procedural Background
This rule is limited to the changes contained in Amendment 4 to CoC
No. 1007 and does not include other aspects of the VSC-24 system
design. The NRC is using the ``direct final rule procedure'' to issue
this amendment because it represents a limited and routine change to an
existing CoC that is expected to be noncontroversial. Adequate
protection of public health and safety continues to be ensured.
Because NRC considers this action noncontroversial and routine, the
proposed rule is being published concurrently as a direct final rule.
The direct final rule will become effective on February 3, 2003.
However, if the NRC receives significant adverse comments by December
20, 2002, then the NRC will publish a document that withdraws this
action and will address the comments received in response to the
proposed amendments published elsewhere in this issue of the Federal
Register. A significant adverse comment is a comment where the
commenter explains why the rule would 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, in a substantive response:
(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 CoC or TS.
These comments will be addressed in a subsequent final rule. The
NRC will not initiate a second comment period on this action.
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, 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; 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 AND HIGH-LEVEL RADIOACTIVE 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).
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(20, 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96
Stat. 2202, 2203, 2204, 2222, 2224, (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 1007 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1007.
[[Page 70031]]
Initial Certificate Effective Date: May 7, 1993.
Amendment Number 1 Effective Date: May 30, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: May 21, 2001.
Amendment Number 4 Effective Date: February 3, 2003.
SAR Submitted by: Pacific Sierra Nuclear Associates.
SAR Title: Final Safety Analysis Report for the Ventilated Storage Cask
System.
Docket Number: 72-1007.
Certificate Expiration Date: May 7, 2013.
Model Number: VSC-24.
* * * * *
Dated at Rockville, Maryland, this 1st day of November, 2002.
For the Nuclear Regulatory Commission.
William D. Travers,
Executive Director for Operations.
[FR Doc. 02-29486 Filed 11-19-02; 8:45 am]
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