List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized Advanced NUHOMS® Horizontal Modular Storage System; Amendment No. 3, 21156-21158 [2014-08345]

Download as PDF ehiers on DSK2VPTVN1PROD with PROPOSALS-1 21156 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules details the activities that the NPPO of Jamaica, subject to APHIS’ approval of the workplan, will carry out to meet the requirements of this section. (2) The mangoes must be grown at places of production that are registered with the NPPO of Jamaica and that meet the specifications detailed in the workplan. If a pest or disease is detected at the port of entry in the United States, the consignment of mangoes would be prohibited entry into the United States and further shipments from the place of production where the mangoes were grown will be prohibited until an investigation is conducted and APHIS and the NPPO of Jamaica agree that the risk has been mitigated. (3) The mangoes may be imported in commercial consignments only. (b) Treatment. The mangoes must be treated for Anastrepha spp. fruit flies in accordance with part 305 of this chapter. (c) Packaging. The mangoes must be safeguarded from exposure to fruit flies from the time of treatment to export, including packaging that prevents access by fruit flies and other injurious insect pests. The package containing the mangoes could not contain any other fruit, including mangoes not qualified for importation into the United States. (d) Inspection. The mangoes must be inspected by the NPPO of Jamaica and found free of Coccus moestus. (e) Plant pathogens. The risks presented by Phomopsis mangiferae and Xanthomonas campestris pv. mangiferaeindicae must be addressed in one of the following ways: (1) The mangoes are treated with a broad-spectrum pre- or post-harvest fungicidal application; or (2) The mangoes are inspected prior to export from Jamaica and found free of P. mangiferae and X. campestris pv. mangiferaeindicae. (f) Phytosanitary certificate. Each consignment of fruit must be inspected by the NPPO of Jamaica and accompanied by a phytosanitary certificate issued by the NPPO of Jamaica with one of the following additional declarations. (1) For mangoes that were subject to treatment for Anastrepha spp. fruit flies in Jamaica, the additional declaration must state that the mangoes were subjected to treatment in accordance with 7 CFR part 305 for Anastrepha spp. fruit flies; that the mangoes were inspected and found free of C. moestus; and that the mangoes were either treated with a pre- or post-harvest fungicidal application or they were inspected prior to export and found free of P. mangiferae and X. campestris pv. mangiferaeindicae. VerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 (2) If the mangoes are to be treated for Anastrepha spp. fruit flies upon arrival in the United States, the additional declaration must state that the mangoes were inspected and found free of C. moestus and were either treated with a pre- or post-harvest fungicidal application or inspected prior to export and found free of P. mangiferae and X. campestris pv. mangiferaeindicae. Done in Washington, DC, this 9th day of April 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014–08480 Filed 4–14–14; 8:45 am] BILLING CODE 3410–34–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2013–0271] RIN 3150–AJ31 List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized Advanced NUHOMS® Horizontal Modular Storage System; Amendment No. 3 email: Carol.Gallagher@nrc.gov. For technical questions, please 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: Naiem S. Tanious, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 6103, email: Naiem.Tanious@nrc.gov. SUPPLEMENTARY INFORMATION: Nuclear Regulatory Commission. ACTION: Proposed rule. I. Accessing Information and Submitting Comments The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Transnuclear, Inc. Standardized Advanced NUHOMS® Horizontal Modular Storage System (NUHOMS® Storage System) within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1029. Amendment No. 3 adds a new transportable dry shielded canister (DSC), 32PTH2, to the NUHOMS® Storage System; and makes editorial corrections. Please refer to Docket ID–NRC–2013– 0271 when contacting the NRC about the availability of information for this proposed rule. You may access publiclyavailable information related to this proposed rulemaking by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID–NRC–2013–0271. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at http://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 notice (if that document is available in ADAMS) is provided the first time that a document is referenced. The proposed CoC, proposed technical specifications (TSs), and preliminary Safety Evaluation Report (SER) are available in ADAMS under Accession Nos. AGENCY: A. Accessing Information SUMMARY: Submit comments by May 15, 2014. 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): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0271. Address questions about NRC dockets to Carol Gallagher, telephone: 301–287–3422, DATES: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules ML13290A176, ML13290A182, and ML13290A205, respectively. • 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–2013– 0271 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 in comment submissions that you do not want to be publicly disclosed. The NRC posts all comment submissions at http:// www.regulations.gov as well as entering 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 in their comment submissions that they do not want to be publicly disclosed. 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. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 II. Procedural Background This proposed rule is limited to the changes contained in Amendment No. 3 to CoC No. 1029 and does not include other aspects of the NUHOMS® Storage 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 June 30, 2014. However, if the NRC receives significant adverse comments on this proposed rule by May 15, 2014, 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. VerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 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 including the regulatory analysis, and the availability of the environmental assessment and the 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. 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 in part 72 of Title PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 21157 10 of the Code of Federal Regulations (10 CFR), ’’Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste,’’ which added a new subpart K within 10 CFR part 72 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 within 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. The NRC subsequently issued a final rule (68 FR 463; January 6, 2003) that approved the NUHOMS® Storage System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 ‘‘List of approved spent fuel storage casks,’’ as CoC No. 1029. 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. 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; 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. E:\FR\FM\15APP1.SGM 15APP1 21158 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules 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 is revised to read as follows: Dated at Rockville, Maryland, this 28th day of March, 2014. For the Nuclear Regulatory Commission. Darren B. Ash, Acting Executive Director for Operations. [FR Doc. 2014–08345 Filed 4–14–14; 8:45 am] BILLING CODE 7590–01–P ■ 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, 2239, 2273, 2282, 2021); Energy Reorganization Act secs. 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. 109–58, 119 Stat. 549 (2005). Section 72.44(g) also issued under Nuclear Waste Policy Act secs.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 also issued under sec. 218(a) (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1029 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 * * * * * Certificate Number: 1029. Initial Certificate Effective Date: February 5, 2003. Amendment Number 1 Effective Date: May 16, 2005. Amendment Number 2 Effective Date: Amendment not issued by the NRC. Amendment Number 3 Effective Date: June 30, 2014. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the Standardized Advanced NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel. Docket Number: 72–1029. Certificate Expiration Date: February 5, 2023. Model Number: Standardized Advanced NUHOMS® –24PT1, –24PT4, and –32PTH2. * * * * * VerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0231; Directorate Identifier 2013–NM–163–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2B16 (CL–604 Variant) airplanes. This proposed AD was prompted by reports of loose, broken, or backed out spur gear bolts on the horizontal stabilizer trim actuator (HSTA). This proposed AD would require a revision to the airplane flight manual, a revision to the maintenance or inspection program, and replacement of HSTAs having certain part numbers. We are proposing this AD to detect and correct loose spur gear bolts on the HSTA, which, if combined with the failure of the primary load path, could lead to failure of the HSTA and subsequent loss of control of the airplane. SUMMARY: We must receive comments on this proposed AD by May 30, 2014. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.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 W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Bombardier, ˆ Inc., 400 Cote-Vertu Road West, Dorval, DATES: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 ´ Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0231; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Ricardo Garcia, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE–171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516) 228–7331; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2014–0231; Directorate Identifier 2013–NM–163–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF–2013–18, dated July 16, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the E:\FR\FM\15APP1.SGM 15APP1

Agencies

[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21156-21158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08345]


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

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2013-0271]
RIN 3150-AJ31


List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. 
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System; 
Amendment No. 3

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 revising the Transnuclear, 
Inc. Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage 
System (NUHOMS[supreg] Storage System) within the ``List of Approved 
Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of 
Compliance (CoC) No. 1029. Amendment No. 3 adds a new transportable dry 
shielded canister (DSC), 32PTH2, to the NUHOMS[supreg] Storage System; 
and makes editorial corrections.

DATES: Submit comments by May 15, 2014. 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):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0271. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: Carol.Gallagher@nrc.gov. For technical questions, please 
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: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6103, email: Naiem.Tanious@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID-NRC-2013-0271 when contacting the NRC 
about the availability of information for this proposed rule. You may 
access publicly-available information related to this proposed 
rulemaking by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID-NRC-2013-0271.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://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 notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The proposed CoC, proposed technical specifications (TSs), 
and preliminary Safety Evaluation Report (SER) are available in ADAMS 
under Accession Nos.

[[Page 21157]]

ML13290A176, ML13290A182, and ML13290A205, respectively.
     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-2013-0271 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 in comment submissions that you do not want to be publicly 
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as entering 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 in their comment submissions 
that they do not want to be publicly disclosed. 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 proposed rule is limited to the changes contained in Amendment 
No. 3 to CoC No. 1029 and does not include other aspects of the 
NUHOMS[supreg] Storage 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 June 30, 2014. However, if 
the NRC receives significant adverse comments on this proposed rule by 
May 15, 2014, 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 including the regulatory 
analysis, and the availability of the environmental assessment and the 
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. 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 in part 72 of Title 10 of the Code of Federal 
Regulations (10 CFR), ''Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater Than Class C Waste,'' which added a new subpart 
K within 10 CFR part 72 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 within 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. 
The NRC subsequently issued a final rule (68 FR 463; January 6, 2003) 
that approved the NUHOMS[supreg] Storage System design and added it to 
the list of NRC-approved cask designs in 10 CFR 72.214 ``List of 
approved spent fuel storage casks,'' as CoC No. 1029.

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.

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; 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.

[[Page 21158]]

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 is revised 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, 2239, 2273, 2282, 2021); Energy Reorganization Act 
secs. 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. 
109-58, 119 Stat. 549 (2005).
    Section 72.44(g) also issued under Nuclear Waste Policy Act 
secs.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 also issued under sec. 218(a) (42 U.S.C. 10198).

0
2. In Sec.  72.214, Certificate of Compliance 1029 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1029.
    Initial Certificate Effective Date: February 5, 2003.
    Amendment Number 1 Effective Date: May 16, 2005.
    Amendment Number 2 Effective Date: Amendment not issued by the NRC.
    Amendment Number 3 Effective Date: June 30, 2014.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
Advanced NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel.
    Docket Number: 72-1029.
    Certificate Expiration Date: February 5, 2023.
    Model Number: Standardized Advanced NUHOMS[supreg] -24PT1, -24PT4, 
and -32PTH2.
* * * * *

    Dated at Rockville, Maryland, this 28th day of March, 2014. For 
the Nuclear Regulatory Commission.
Darren B. Ash,
Acting Executive Director for Operations.
[FR Doc. 2014-08345 Filed 4-14-14; 8:45 am]
BILLING CODE 7590-01-P