List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, 15007-15009 [2017-05897]
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15007
Proposed Rules
Federal Register
Vol. 82, No. 56
Friday, March 24, 2017
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
[NRC–2016–0254]
RIN 3150–AJ88
List of Approved Spent Fuel Storage
Casks: TN Americas LLC, NUHOMS®
EOS Dry Spent Fuel Storage System,
Certificate of Compliance No. 1042
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its spent fuel storage regulations
by adding the TN Americas LLC (TN
Americas), NUHOMS® Extended
Optimized Storage (EOS) Dry Spent
Fuel Storage System to the ‘‘List of
approved spent fuel storage casks’’ as
Certificate of Compliance (CoC) No.
1042. The NUHOMS® EOS System
provides horizontal storage of high
burnup spent pressurized water reactor
and boiling water reactor fuel
assemblies in dry shielded canisters.
DATES: Submit comments by April 24,
2017. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0254. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
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.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
SUMMARY:
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• 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.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Edward Lohr, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
0253; email: Edward.Lohr@nrc.gov.
SUPPLEMENTARY INFORMATION:
B. Submitting Comments
I. Obtaining Information and
Submitting Comments
Please include Docket ID NRC–2016–
0254 in your comment submission.
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.
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 into ADAMS.
A. Obtaining Information
II. Rulemaking Procedure
Please refer to Docket ID NRC–2016–
0254 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0254.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection 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. 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: 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.
This proposed rule is limited to the
addition of CoC No. 1042 to the ‘‘List of
approved spent fuel storage casks.’’
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 June 7,
2017. However, if the NRC receives
significant adverse comments on this
proposed rule by April 24, 2017, 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 this proposed addition in a
subsequent final rule. Absent significant
modifications to the proposed addition
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
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Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules
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 technical
specifications.
For additional procedural information
and the regulatory analysis, see the
direct final rule published in the Rules
and Regulations section of this issue of
the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the Department of Energy] shall
establish a demonstration program, in
cooperation with the private sector, for
the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[the
Commission] shall, by rule, establish
procedures for the licensing of any
technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule which added a
new subpart K in part 72 of title 10 of
the Code of Federal Regulations (10
CFR) entitled, ‘‘General License for
Storage of Spent Fuel at Power Reactor
Sites’’ (55 FR 29181; July 18, 1990). This
rule also established a new subpart L in
10 CFR part 72 entitled, ‘‘Approval of
Spent Fuel Storage Casks,’’ which
contains procedures and criteria for
obtaining NRC approval of spent fuel
storage cask designs.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise,
well-organized manner that also follows
other best practices appropriate to the
subject or field and the intended
audience. 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 clarity
and effectiveness of the language used.
V. Availability of Documents
The documents identified in the
following table are available to
interested persons as indicated.
Document
ADAMS Accession No.
NUHOMS®
AREVA Application for Approval of the Spent Fuel Cask Design for the
EOS System, Docket 72–1042,
letter dated. December, 19, 2014 (original application).
Withdrawal of December 19, 2014 AREVA Application for Approval of the Spent Fuel Cask Design for the
NUHOMS® EOS System, Docket 72–1042, letter dated April 24, 2015.
Re-submittal of AREVA Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System,
CoC No. 1042, letter dated. June 16, 2015 *.
Safety Evaluation Report for AREVA NUHOMS® HD Horizontal Modular Storage System, CoC No. 1030 .................
AREVA Submittal of Additional Information Related to Application for Approval of the Spent Fuel Cask Design for
the NUHOMS® EOS System, CoC No. 1042, letter dated July 30, 2015 *.
NRC Request for Additional Information Related to AREVA Application for Approval of the Spent Fuel Cask Design
for the NUHOMS® EOS System, CoC No. 1042, letter dated October 16, 2015 *.
AREVA Response to NRC Request for Additional Information Related to Application for Approval of the Spent Fuel
Cask Design for the NUHOMS® EOS System, CoC. No. 1042, letter dated December 18, 2015 *.
NRC Request for Additional Information Related to AREVA Application for Approval of the Spent Fuel Cask Design
for the NUHOMS® EOS System, CoC No. 1042, letter dated March 3, 2016 *.
AREVA Response to NRC Request for Additional Information Related to Application for Approval of the Spent Fuel
Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated April 7, 2016 *.
AREVA Submittal of Additional Information Related to Application for Approval of the Spent Fuel Cask Design for
the NUHOMS® EOS System, CoC No. 1042, letter dated June 13, 2016 *.
AREVA Submittal of Additional Information Related to Application for Approval of the Spent Fuel Cask Design for
the NUHOMS® EOS System, CoC No. 1042, letter dated July 28, 2016 *.
Name Change from AREVA to TN Americas, letter dated November 18, 2016 * ..........................................................
Preliminary Safety Evaluation Report for TN Americas NUHOMS® EOS System, CoC No. 1042 * ..............................
Technical Specifications for TN Americas NUHOMS® EOS System, CoC No. 1042 * ..................................................
ML15005A477 (Package).
ML15114A444.
ML15173A379 (Package).
ML070160089.
ML15223A204.
ML15287A255 (Package).
ML15364A490 (Package).
ML16063A454 (Package).
ML16111A670 (Package).
ML16169A044 (Package).
ML16215A026 (Package).
ML16327A011.
ML16242A023.
ML16242A022.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
* The term ‘‘Amendment 0’’ used in the supporting documents for this proposed rule and the term ‘‘Initial Certificate’’ used in 10 CFR 72.214
describes the same document. Initial Certificate is the correct term and will be used henceforth when discussion involves this document.
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
Web site at https://www.regulations.gov
under Docket ID NRC–2016–0254. The
Federal Rulemaking Web site allows
you to receive alerts when changes or
additions occur in a docket folder. To
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subscribe: (1) Navigate to the docket
folder (NRC–2016–0254); (2) click the
‘‘Sign up for Email Alerts’’ link; and (3)
enter your email address and select how
frequently you would like to receive
emails (daily, weekly, or monthly).
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List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Criminal penalties,
Hazardous waste, Indians,
Intergovernmental relations, Manpower
training programs, Nuclear energy,
Nuclear materials, Occupational safety
and health, Penalties, Radiation
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Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules
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.
552 and 553; the NRC is adopting the
following amendment 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 of 1954,
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, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance 1042 is added to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
*
*
*
*
*
Certificate Number: 1042.
Initial Certificate Effective Date: June
7, 2017.
SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis
Report for the NUHOMS® EOS Dry
Spent Fuel Storage System.
Docket Number: 72–1042.
Certificate Expiration Date: [DATE 20
YEARS AFTER PUBLICATION IN THE
Federal Register].
Model Number: EOS–37PTH, EOS–
89BTH.
Dated at Rockville, Maryland, this 9th day
of March 2017.
For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017–05897 Filed 3–23–17; 8:45 am]
BILLING CODE 7590–01–P
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BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1005
[Docket No. CFPB–2017–0004]
Request for Information Regarding
Remittance Rule Assessment
Bureau of Consumer Financial
Protection.
ACTION: Notice of assessment of
remittance rule and request for public
comment.
AGENCY:
The Bureau of Consumer
Financial Protection (Bureau) is
conducting an assessment of certain of
the Bureau’s regulations related to
consumer remittance transfers under the
Electronic Fund Transfer Act (subpart B
of Regulation E) in accordance with
section 1022(d) of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act. The Bureau is requesting public
comment on its plans for assessing these
regulations as well as certain
recommendations and information that
may be useful in conducting the
planned assessment.
DATES: Comments must be received on
or before: May 23, 2017.
ADDRESSES: You may submit comments,
identified by Docket No. CFPB–2017–
0004, by any of the following methods:
• Electronic: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: FederalRegisterComments@
cfpb.gov. Include Docket No. CFPB–
2017–0004 in the subject line of the
email.
• Mail: Monica Jackson, Office of the
Executive Secretary, Consumer
Financial Protection Bureau, 1700 G
Street NW., Washington, DC 20552.
• Hand Delivery/Courier: Monica
Jackson, Office of the Executive
Secretary, Consumer Financial
Protection Bureau, 1275 First Street NE.,
Washington, DC 20002.
Instructions: All submissions should
include the document title and docket
number. Because paper mail in the
Washington, DC area and at the Bureau
is subject to delay, commenters are
encouraged to submit comments
electronically. In general, all comments
received will be posted without change
to https://www.regulations.gov. In
addition, comments will be available for
public inspection and copying at 1275
First Street NE., Washington, DC 20002
on official business days between the
hours of 10 a.m. and 5 p.m. Eastern
Time. You can make an appointment to
inspect the documents by telephoning
(202) 435–7275.
SUMMARY:
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All comments, including attachments
and other supporting materials, will
become part of the public record and
subject to public disclosure. Sensitive
personal information, such as account
numbers or Social Security numbers,
should not be included. Comments
generally will not be edited to remove
any identifying or contact information.
FOR FURTHER INFORMATION CONTACT:
Scott Fulford, Economist; Paul
Rothstein, Section Chief; Jane Raso,
Counsel; Max Bentovim, Financial
Analyst; Division of Research, Markets,
and Regulations at (202) 435–9798.
SUPPLEMENTARY INFORMATION:
I. Background
Congress established the Bureau in
the Dodd-Frank Wall Street Reform and
Consumer Protection Act (Dodd-Frank
Act).1 In the Dodd-Frank Act, Congress
generally consolidated in the Bureau the
rulemaking authority for Federal
consumer financial laws previously
vested in certain other Federal agencies.
Congress also provided the Bureau with
the authority to, among other things,
prescribe rules as may be necessary or
appropriate to enable the Bureau to
administer and carry out the purposes
and objectives of the Federal consumer
financial laws and to prevent evasions
thereof.2 Since 2011, the Bureau has
issued a number of rules adopted under
Federal consumer financial law.3
Section 1022(d) of the Dodd-Frank
Act requires the Bureau to conduct an
assessment of each significant rule or
order adopted by the Bureau under
Federal consumer financial law. The
Bureau must publish a report of the
assessment not later than five years after
the effective date of such rule or order.
The assessment must address, among
other relevant factors, the rule’s
effectiveness in meeting the purposes
and objectives of title X of the DoddFrank Act and the specific goals stated
by the Bureau. The assessment must
reflect available evidence and any data
that the Bureau reasonably may collect.
Before publishing a report of its
assessment, the Bureau must invite
public comment on recommendations
for modifying, expanding, or
eliminating the significant rule or order.
In February 2012, the Bureau
published a final rule concerning
consumer remittance transfers to
individuals and businesses in foreign
countries in the Federal Register titled
‘‘Electronic Fund Transfers (Regulation
E)’’ (February 2012 Final Rule) to
implement section 1073 of the Dodd
1 Public
Law 111–203, 124 Stat. 1376 (2010).
U.S.C. 5512(b)(1).
3 12 U.S.C. 5512(d).
2 12
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]]>Agencies
[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Proposed Rules]
[Pages 15007-15009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05897]
========================================================================
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. 82, No. 56 / Friday, March 24, 2017 /
Proposed Rules
[[Page 15007]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2016-0254]
RIN 3150-AJ88
List of Approved Spent Fuel Storage Casks: TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of
Compliance No. 1042
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel storage regulations by adding the TN Americas LLC
(TN Americas), NUHOMS[supreg] Extended Optimized Storage (EOS) Dry
Spent Fuel Storage System to the ``List of approved spent fuel storage
casks'' as Certificate of Compliance (CoC) No. 1042. The NUHOMS[supreg]
EOS System provides horizontal storage of high burnup spent pressurized
water reactor and boiling water reactor fuel assemblies in dry shielded
canisters.
DATES: Submit comments by April 24, 2017. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0254. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Edward Lohr, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-0253; email:
Edward.Lohr@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2016-0254 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 Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0254.
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 ``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. 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: 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-2016-0254 in your comment submission.
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. 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 into ADAMS.
II. Rulemaking Procedure
This proposed rule is limited to the addition of CoC No. 1042 to
the ``List of approved spent fuel storage casks.'' 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 June 7,
2017. However, if the NRC receives significant adverse comments on this
proposed rule by April 24, 2017, 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
this proposed addition in a subsequent final rule. Absent significant
modifications to the proposed addition 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
[[Page 15008]]
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 technical specifications.
For additional procedural information and the regulatory analysis,
see the direct final rule published in the Rules and Regulations
section of this issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the Department of Energy]
shall establish a demonstration program, in cooperation with the
private sector, for the dry storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the objective of establishing one or
more technologies that the [Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the NWPA
states, in part, that ``[the Commission] shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 219(a) [sic: 218(a)] for use at the site of
any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule which added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled, ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, well-organized manner
that also follows other best practices appropriate to the subject or
field and the intended audience. 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 clarity and effectiveness of the language used.
V. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
AREVA Application for Approval of the Spent ML15005A477 (Package).
Fuel Cask Design for the NUHOMS[supreg]
EOS System, Docket 72-1042, letter dated.
December, 19, 2014 (original application).
Withdrawal of December 19, 2014 AREVA ML15114A444.
Application for Approval of the Spent Fuel
Cask Design for the NUHOMS[supreg] EOS
System, Docket 72-1042, letter dated April
24, 2015.
Re-submittal of AREVA Application for ML15173A379 (Package).
Approval of the Spent Fuel Cask Design for
the NUHOMS[supreg] EOS System, CoC No.
1042, letter dated. June 16, 2015 *.
Safety Evaluation Report for AREVA ML070160089.
NUHOMS[supreg] HD Horizontal Modular
Storage System, CoC No. 1030.
AREVA Submittal of Additional Information ML15223A204.
Related to Application for Approval of the
Spent Fuel Cask Design for the
NUHOMS[supreg] EOS System, CoC No. 1042,
letter dated July 30, 2015 *.
NRC Request for Additional Information ML15287A255 (Package).
Related to AREVA Application for Approval
of the Spent Fuel Cask Design for the
NUHOMS[supreg] EOS System, CoC No. 1042,
letter dated October 16, 2015 *.
AREVA Response to NRC Request for ML15364A490 (Package).
Additional Information Related to
Application for Approval of the Spent Fuel
Cask Design for the NUHOMS[supreg] EOS
System, CoC. No. 1042, letter dated
December 18, 2015 *.
NRC Request for Additional Information ML16063A454 (Package).
Related to AREVA Application for Approval
of the Spent Fuel Cask Design for the
NUHOMS[supreg] EOS System, CoC No. 1042,
letter dated March 3, 2016 *.
AREVA Response to NRC Request for ML16111A670 (Package).
Additional Information Related to
Application for Approval of the Spent Fuel
Cask Design for the NUHOMS[supreg] EOS
System, CoC No. 1042, letter dated April
7, 2016 *.
AREVA Submittal of Additional Information ML16169A044 (Package).
Related to Application for Approval of the
Spent Fuel Cask Design for the
NUHOMS[supreg] EOS System, CoC No. 1042,
letter dated June 13, 2016 *.
AREVA Submittal of Additional Information ML16215A026 (Package).
Related to Application for Approval of the
Spent Fuel Cask Design for the
NUHOMS[supreg] EOS System, CoC No. 1042,
letter dated July 28, 2016 *.
Name Change from AREVA to TN Americas, ML16327A011.
letter dated November 18, 2016 *.
Preliminary Safety Evaluation Report for TN ML16242A023.
Americas NUHOMS[supreg] EOS System, CoC
No. 1042 *.
Technical Specifications for TN Americas ML16242A022.
NUHOMS[supreg] EOS System, CoC No. 1042 *.
------------------------------------------------------------------------
* The term ``Amendment 0'' used in the supporting documents for this
proposed rule and the term ``Initial Certificate'' used in 10 CFR
72.214 describes the same document. Initial Certificate is the correct
term and will be used henceforth when discussion involves this
document.
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking Web site at https://www.regulations.gov under Docket ID NRC-2016-0254. The Federal
Rulemaking Web site allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2016-0254); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties,
Hazardous waste, Indians, Intergovernmental relations, Manpower
training programs, Nuclear energy, Nuclear materials, Occupational
safety and health, Penalties, Radiation
[[Page 15009]]
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. 552 and 553; the NRC is adopting the following
amendment 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 of 1954, 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, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance 1042 is added to read as
follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1042.
Initial Certificate Effective Date: June 7, 2017.
SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS
Dry Spent Fuel Storage System.
Docket Number: 72-1042.
Certificate Expiration Date: [DATE 20 YEARS AFTER PUBLICATION IN
THE Federal Register].
Model Number: EOS-37PTH, EOS-89BTH.
Dated at Rockville, Maryland, this 9th day of March 2017.
For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017-05897 Filed 3-23-17; 8:45 am]
BILLING CODE 7590-01-P
