List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Underground Maximum Capacity Canister Storage System, Certificate of Compliance No. 1040, 53352-53355 [2014-21419]
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53352
Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Proposed Rules
removing the word ‘‘under’’ and adding
the words ‘‘in accordance with’’ in its
place.
§§ 318.13–18 through 318.13–22
[Removed]
8. Sections 318.13–18 through
318.13–22 are removed.
■
§ 318.13–23
[Redesignated as § 318.13–17]
9. Section 318.13–23 is redesignated
as § 318.13–17.
■
§§ 318.13–24 through 318.13–26
[Removed]
10. Sections 318.13–24 through
318.13–26 are removed.
■
PART 319—FOREIGN QUARANTINE
NOTICES
11. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
Subpart—CITRUS FRUIT [Removed]
12. Subpart—CITRUS FRUIT is
removed.
■
§ 319.56–2
[Amended]
13. Section 319.56–2 is amended by
removing the definitions for Above
ground parts, Cucurbits, Field, Place of
production, Production site, and West
Indies.
■ 14. Section 319.56–4 is revised to read
as follows:
■
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§ 319.56–4 Authorization of certain fruits
and vegetables for importation.
(a) Determination by the
Administrator. No fruit or vegetable is
authorized importation into the United
States unless the Administrator has
determined that the risk posed by each
quarantine pest associated with the fruit
or vegetable can be mitigated by the
application of one or more
phytosanitary measures designated by
the Administrator and the fruit or
vegetable is imported into the United
States in accordance with, and as
stipulated in, the permit issued by the
Administrator.
(b) Designated phytosanitary
measures. (1) The fruits and vegetables
are subject to phytosanitary treatments,
which could include, but are not limited
to, pest control treatments in the field or
growing site, and post-harvest
treatments.
(2) The fruits and vegetables are
subject to growing area pest mitigations,
which could include, but are not limited
to detection surveys, trapping
requirements, pest exclusionary
structures, and field inspections.
(3) The fruits and vegetables are
subject to safeguarding and movement
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mitigations, which could include, but
are not limited to, safeguarded
transport, box labeling, limited
distribution, insect-proof boxes, and
importation as commercial
consignments only.
(4) The fruits and vegetables are
subject to administrative mitigations,
which could include, but are not limited
to, registered fields or orchards,
registered growing sites, registered
packinghouses, inspection in the
country of origin by an inspector or an
official of the national plant protection
organization of the exporting country,
and operational workplan monitoring.
(5) The fruits and vegetables are
subject to any other measures deemed
appropriate by the Administrator.
(c) Authorized fruits and vegetables.
(1) Comprehensive list. The name and
origin of all fruits and vegetables
authorized importation under this
section, as well as the applicable
requirements for their importation, may
be found on the Internet at https://
www.aphis.usda.gov/import_export/
plants/manuals/ports/downloads/fv.pdf
or https://www.aphis.usda.gov/favir.
(2) Fruits and vegetables authorized
importation prior to [EFFECTIVE DATE
OF FINAL RULE]. Fruits and vegetables
that were authorized importation under
this subpart either directly by permit or
by specific regulation as of [EFFECTIVE
DATE OF FINAL RULE] may continue
to be imported into the United States
under the same requirements that
applied before [EFFECTIVE DATE OF
FINAL RULE], except as provided in
paragraph (c)(4) of this section.
(3) Other fruits and vegetables. Fruits
and vegetables not already authorized
for importation as described in
paragraph (c)(2) of this section may be
authorized importation only after:
(i) Pest risk analysis and mitigations.
APHIS has analyzed the pest risk posed
by the importation of a fruit or vegetable
from a specified foreign region and has
determined that the risk posed by each
quarantine pest associated with the fruit
or vegetable can be mitigated by the
application of one or more
phytosanitary measures.
(ii) Opportunity for public comment.
APHIS has made its pest risk analysis
and determination available for public
comment for at least 60 days through a
notice published in the Federal
Register.
(iii) Import authorization. The
Administrator has announced his or her
decision in a subsequent Federal
Register notice to authorize the
importation of the fruit or vegetable
subject to the phytosanitary measures
specified in the notice.
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(4) Changes to phytosanitary
measures. (i) If the Administrator
determines that the phytosanitary
measures required for a fruit or
vegetable that has been authorized
importation under this subpart are no
longer sufficient to mitigate the pest risk
posed by the fruit or vegetable, APHIS
will prohibit or further restrict
importation of the fruit or vegetable.
APHIS will also publish a notice in the
Federal Register advising the public of
its finding. The notice will specify the
amended importation requirements,
provide an effective date for the change,
and will invite public comment on the
subject.
(ii) If the Administrator determines
that any of the phytosanitary measures
required for a fruit or vegetable that has
been authorized importation under this
subpart are no longer necessary to
mitigate the pest risk posed by the fruit
or vegetable, APHIS will make new pest
risk documentation available for public
comment, in accordance with paragraph
(c)(3) of this section, prior to allowing
importation of the fruit or vegetable
subject to the phytosanitary measures
specified in the notice.
(Approved by the Office of Management
and Budget under control number
0579–0293)
§§ 319.56–13 through 319.56–69
[Removed]
15. Sections 319.56–13 through
319.56–69 are removed.
■
§ 319.56–70
[Removed]
16. § 319.56–70, as added at 79 FR
52543, September 4, 2014, and effective
October 6, 2014, is removed.
■
Done in Washington, DC, this 2nd day of
September 2014.
Gary Woodward,
Deputy Under Secretary for Marketing and
Regulatory Programs.
[FR Doc. 2014–21406 Filed 9–8–14; 8:45 am]
BILLING CODE 3410–34–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0120]
RIN 3150–AJ42
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
Underground Maximum Capacity
Canister Storage System, Certificate of
Compliance No. 1040
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
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Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Proposed Rules
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its spent fuel storage regulations
by adding the Holtec International HI–
STORM Underground Maximum
Capacity (UMAX) Canister Storage
System, Certificate of Compliance (CoC)
No. 1040, to the ‘‘List of approved spent
fuel storage casks.’’ Holtec International
intends to provide an underground
storage option compatible with the
Holtec International HI–STORM
FLOOD/WIND System (CoC No. 1032).
The Holtec International HI–STORM
UMAX Canister Storage System stores a
hermetically sealed canister containing
spent nuclear fuel in an in-ground
vertical ventilated module. The Holtec
International HI–STORM UMAX
Canister Storage System is designed to
provide long-term underground storage
of loaded multi-purpose canisters
previously certified for storage in CoC
No. 1032.
DATES: Submit comments by October 9,
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
https://www.regulations.gov and search
for Docket ID NRC–2014–0120. 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.
• 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.
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SUMMARY:
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53353
Gregory R. Trussell, Office of Federal
and State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6445, email: Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
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. Procedural Background
FOR FURTHER INFORMATION CONTACT:
A. Obtaining Information
Please refer to Docket ID NRC–2014–
0120 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–2014–0120.
• 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.
B. Submitting Comments
Please include Docket ID NRC–2014–
0120 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 in your
comment submission. The NRC will
post all comment submissions at
https://www.regulations.gov as well as
enter the comment submissions into
ADAMS, and the NRC does not
routinely edit comment submissions to
remove identifying or contact
information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
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This proposed rule is limited to the
addition of CoC No. 1040 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 November
24, 2014 However, if the NRC receives
significant adverse comments on this
proposed rule by October 9, 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-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)
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Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Proposed Rules
to the rule, CoC, or Technical
Specifications.
For additional procedural
information, including the regulatory
analysis and the environmental
assessment and finding of no significant
impact, see the direct final rule
published in the Rules and Regulations
section of this issue of the Federal
Register.
III. 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 through one or more
of the following methods, as indicated.
Document
ADAMS Accession No.
CoC No. 1040 .....................................................................................................................................................................
Safety Evaluation Report ....................................................................................................................................................
Technical Specifications, Appendix A .................................................................................................................................
Technical Specifications, Appendix B .................................................................................................................................
Application ...........................................................................................................................................................................
Application supplemental July 16, 2012 .............................................................................................................................
Application Supplemental November 20, 2012 ..................................................................................................................
Application supplemental January 30, 2013 .......................................................................................................................
Application supplemental April 2, 2013 ..............................................................................................................................
Application supplemental April 19, 2013 ............................................................................................................................
Application supplemental June 21, 2013 ............................................................................................................................
Application supplemental August 28, 2013 ........................................................................................................................
Application Supplemental December 6, 2013 ....................................................................................................................
Application supplemental December 31, 2013 ...................................................................................................................
Application supplemental January 13, 2014 .......................................................................................................................
Application supplemental January 28, 2014 .......................................................................................................................
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–2014–0120. 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–2014–0120); (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,
Manpower training programs, Nuclear
materials, Occupational safety and
health, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
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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 proposing to
adopt the following amendments to 10
CFR part 72.
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH–LEVEL
RADIOACTIVE WASTE, AND
REACTOR–RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act secs. 51, 53,
57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186,
187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073,
2077, 2092, 2093, 2095, 2099, 2111, 2201,
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ML14122A443
ML14122A441
ML14122A444
ML14122A442
ML12363A282
ML12205A134
ML12348A483
ML13032A008
ML13107B249
ML13114A191
ML13175A363
ML13261A062
ML13343A169
ML14002A402
ML14015A145
ML14030A055
2232, 2233, 2234, 2236, 2237, 2238, 2273,
2282, 2021); Energy Reorganization Act sec.
201, 202, 206, 211 (42 U.S.C. 5841, 5842,
5846, 5851); National Environmental
Protection Act sec. 102 (42 U.S.C. 4332);
Nuclear Waste Policy Act secs. 131, 132, 133,
135, 137, 141, 148 (42 U.S.C. 10151, 10152,
10153, 10155, 10157, 10161, 10168); sec.
1704 (112 Stat. 2750 (44 U.S.C. 3504 note);
Energy Policy Act of 2005, Pub. L. No. 109–
58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under 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 Nuclear Waste
Policy Act sec. 218(a) (42 U.S.C. 10198).
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Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Proposed Rules
2. In § 72.214, Certificate of
Compliance No. 1040 is added to read
as follows:
On
Thursday, August 14, 2014, BEA
published a Notice of Proposed
Rulemaking reinstating reporting
requirements for the 2014 BE–10,
Benchmark Survey of U.S. Direct
Investment Abroad. That rule
incorrectly identified the RIN as 0691–
XC026. The correct RIN for the action is
0691–AA83.
SUPPLEMENTARY INFORMATION:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1040.
Initial Certificate Effective Date:
November 24, 2014.
SAR Submitted by: Holtec
International, Inc.
SAR Title: Final Safety Analysis
Report for the Holtec International HI–
STORM UMAX Canister Storage
System.
Docket Number: 72–1040.
Certificate Expiration Date: September
9, 2034.
Model Number: MPC–37, MPC–89.
Dated at Rockville, Maryland, this 22nd
day of August, 2014.
For the Nuclear Regulatory Commission.
Darren B. Ash,
Acting Executive Director for Operations.
Correction
Accordingly, in proposed rule FR
Doc. 2014–18629, beginning on page
47599 in the issue of Thursday, August
14, 2014 (79 FR 47599), the RIN in the
heading of the document is revised to
read 0691–AA83.
Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22
U.S.C. 3101–3108; E.O. 11961 (3 CFR, 1977
Comp., p. 86), as amended by E.O. 12318 (3
CFR 1981 Comp., p. 173); and E.O. 12518 (3
CFR 1985 Comp., p. 348).
Dated: August 25, 2014.
Brian C. Moyer,
Acting Director, Bureau of Economic
Analysis.
[FR Doc. 2014–21419 Filed 9–8–14; 8:45 am]
BILLING CODE 7590–01–P
[FR Doc. 2014–21330 Filed 9–8–14; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
ENVIRONMENTAL PROTECTION
AGENCY
[Docket No. 1206013202–4700–01]
40 CFR Part 52
RIN 0691–AA83
[EPA–R06–OAR–2012–0096; FRL–9916–31–
Region 6]
Direct Investment Surveys: BE–10,
Survey of U.S. Direct Investment
Abroad; Correction
Bureau of Economic Analysis,
Commerce.
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
This action corrects the
Regulation Identifier Number (RIN) in a
proposed rule published in the Federal
Register on Thursday, August 14, 2014,
to amend regulations of the Department
of Commerce’s Bureau of Economic
Analysis (BEA) to reinstate reporting
requirements for the 2014 BE–10,
Benchmark Survey of U.S. Direct
Investment Abroad. Benchmark surveys
are conducted every five years; the prior
survey covered 2009.
DATES: Comments on the proposed rule
will receive consideration if submitted
in writing on or before 5:00 p.m.,
October 14, 2014.
FOR FURTHER INFORMATION CONTACT:
Patricia Abaroa, Chief, Direct
Investment Division (BE–50), Bureau of
Economic Analysis, U.S. Department of
Commerce, Washington, DC 20230;
phone (202) 606–9591.
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SUMMARY:
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Approval and Promulgation of
Implementation Plans; Texas; Revision
to Control Volatile Organic Compound
Emissions from Storage Tanks
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
Texas State Implementation (SIP)
revision for control of volatile organic
compound (VOC) emissions from
storage tanks. The revision implements
additional controls in the Dallas-Fort
Worth 1997 ozone nonattainment area
(DFW area); modifies control
requirements in the DFW area, the
Houston-Galveston-Brazoria ozone
nonattainment area (HGB area), the
Beaumont-Port Arthur area and El Paso,
Gregg, Nueces and Victoria Counties;
and makes non-substantive changes to
VOC control provisions that apply in
Aransas, Bexar, Calhoun, Matagorda,
San Patricio and Travis Counties. In
addition, EPA is proposing to find that
the SIP revision implements serious
area reasonable available control
SUMMARY:
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53355
technology (RACT) controls for the VOC
storage source category in the DFW area
and continues to implement severe area
RACT for this source category in the
HGB area as required by the Clean Air
Act.
Written comments should be
received on or before October 9, 2014.
DATES:
Comments may be mailed to
Mr. Guy Donaldson, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
ADDRESSES:
Carl
Young, (214) 665–6645, young.carl@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct rule without
prior proposal because the Agency
views this as noncontroversial submittal
and anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this action no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 22, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2014–21305 Filed 9–8–14; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\09SEP1.SGM
09SEP1
Agencies
[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Proposed Rules]
[Pages 53352-53355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21419]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0120]
RIN 3150-AJ42
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM Underground Maximum Capacity Canister Storage System,
Certificate of Compliance No. 1040
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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[[Page 53353]]
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel storage regulations by adding the Holtec
International HI-STORM Underground Maximum Capacity (UMAX) Canister
Storage System, Certificate of Compliance (CoC) No. 1040, to the ``List
of approved spent fuel storage casks.'' Holtec International intends to
provide an underground storage option compatible with the Holtec
International HI-STORM FLOOD/WIND System (CoC No. 1032). The Holtec
International HI-STORM UMAX Canister Storage System stores a
hermetically sealed canister containing spent nuclear fuel in an in-
ground vertical ventilated module. The Holtec International HI-STORM
UMAX Canister Storage System is designed to provide long-term
underground storage of loaded multi-purpose canisters previously
certified for storage in CoC No. 1032.
DATES: Submit comments by October 9, 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 https://www.regulations.gov and search for Docket ID NRC-2014-0120. 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.
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: Gregory R. Trussell, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
6445, email: Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0120 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-2014-0120.
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-2014-0120 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 in your comment submission. The NRC will post all comment
submissions at https://www.regulations.gov as well as enter the comment
submissions into ADAMS, and the NRC does not routinely edit comment
submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
This proposed rule is limited to the addition of CoC No. 1040 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 November 24,
2014 However, if the NRC receives significant adverse comments on this
proposed rule by October 9, 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)
[[Page 53354]]
to the rule, CoC, or Technical Specifications.
For additional procedural information, including the regulatory
analysis and the environmental assessment and finding of no significant
impact, see the direct final rule published in the Rules and
Regulations section of this issue of the Federal Register.
III. 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 through one or more of the following methods, as
indicated.
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Document ADAMS Accession No.
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CoC No. 1040...................... ML14122A443
Safety Evaluation Report.......... ML14122A441
Technical Specifications, Appendix ML14122A444
A.
Technical Specifications, Appendix ML14122A442
B.
Application....................... ML12363A282
Application supplemental July 16, ML12205A134
2012.
Application Supplemental November ML12348A483
20, 2012.
Application supplemental January ML13032A008
30, 2013.
Application supplemental April 2, ML13107B249
2013.
Application supplemental April 19, ML13114A191
2013.
Application supplemental June 21, ML13175A363
2013.
Application supplemental August ML13261A062
28, 2013.
Application Supplemental December ML13343A169
6, 2013.
Application supplemental December ML14002A402
31, 2013.
Application supplemental January ML14015A145
13, 2014.
Application supplemental January ML14030A055
28, 2014.
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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-2014-0120. 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-2014-0120); (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, 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. 552 and 553; the NRC is proposing to adopt the
following amendments to 10 CFR part 72.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National
Environmental Protection Act sec. 102 (42 U.S.C. 4332); Nuclear
Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C.
10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704 (112
Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L.
No. 109-58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under 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 Nuclear Waste Policy Act sec. 218(a)
(42 U.S.C. 10198).
[[Page 53355]]
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2. In Sec. 72.214, Certificate of Compliance No. 1040 is added to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1040.
Initial Certificate Effective Date: November 24, 2014.
SAR Submitted by: Holtec International, Inc.
SAR Title: Final Safety Analysis Report for the Holtec
International HI-STORM UMAX Canister Storage System.
Docket Number: 72-1040.
Certificate Expiration Date: September 9, 2034.
Model Number: MPC-37, MPC-89.
Dated at Rockville, Maryland, this 22nd day of August, 2014.
For the Nuclear Regulatory Commission.
Darren B. Ash,
Acting Executive Director for Operations.
[FR Doc. 2014-21419 Filed 9-8-14; 8:45 am]
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