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]

Download as PDF 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: ■ tkelley on DSK3SPTVN1PROD with PROPOSALS § 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 VerDate Mar<15>2010 16:51 Sep 08, 2014 Jkt 232001 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. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 (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: E:\FR\FM\09SEP1.SGM 09SEP1 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. tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:51 Sep 08, 2014 Jkt 232001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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) E:\FR\FM\09SEP1.SGM 09SEP1 53354 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). tkelley on DSK3SPTVN1PROD with PROPOSALS 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. VerDate Mar<15>2010 16:51 Sep 08, 2014 Jkt 232001 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, PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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). E:\FR\FM\09SEP1.SGM 09SEP1 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. tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:51 Sep 08, 2014 Jkt 232001 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: PO 00000 Frm 00010 Fmt 4702 Sfmt 9990 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.

------------------------------------------------------------------------
             Document                        ADAMS Accession No.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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]]


0
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]
BILLING CODE 7590-01-P
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