List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 8, Revision No. 1, 6466-6468 [2015-02309]
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6466
Proposed Rules
Federal Register
Vol. 80, No. 24
Thursday, February 5, 2015
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0233]
RIN 3150–AJ47
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Amendment No.
8, Revision No. 1
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its spent fuel storage regulations
by revising the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to add Amendment No. 8,
Revision No. 1, to the Certificate of
Compliance (CoC) No. 1014.
Amendment No. 8, Revision No. 1,
changes burnup/cooling time limits for
thimble plug devices; changes MetamicHT material testing requirements;
changes Metamic-HT material minimum
guaranteed values; and updates fuel
definitions to allow boiling water
reactor fuel affected by certain corrosion
mechanisms with specific guidelines to
be classified as undamaged fuel.
DATES: Submit comments by March 9,
2015. 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–2014–0233. Address
questions about NRC dockets to Carol
Gallagher, telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, please contact the
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SUMMARY:
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individual listed in the FOR FURTHER
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 Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6445, email: Gregory.Trussell@
nrc.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2014–
0233 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–2014–0233.
• 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
PO 00000
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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–
0233 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
adding Amendment No. 8, Revision No.
1, which will supersede Amendment
No. 8 (effective May 2, 2012, and
corrected on November 16, 2012), to
CoC No. 1014 to the ‘‘List of approved
spent fuel storage casks,’’ and does not
include other aspects of the Holtec
International HI–STORM 100 Cask
System design. Amendment No. 8
continues to be effective but is now
being modified with respect to certain
specified provisions, as outlined in
Amendment No. 8, Revision No. 1,
which apply to all general licensees
using the casks for Independent Spent
Fuel Storage Installations (ISFSI). Thus,
Amendment No. 8, Revision No. 1,
supersedes the previously issued
Amendment No. 8. In requesting this
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rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Proposed Rules
revision, Holtec indicated that it has not
manufactured any cask under CoC No.
1014, Amendment No. 8, and,
consequently, no ISFSI licensee has
placed such a cask into service. 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 April 21,
2015. However, if the NRC receives
significant adverse comments on this
proposed rule by March 9, 2015, 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)
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.
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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. The NRC
subsequently issued a final rule on May
1, 2000 (65 FR 25241), that approved the
Holtec International HI–STORM 100
Cask System design and added it to the
list of NRC-approved cask designs in 10
CFR 72.214 as Coc No. 1014.
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
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6467
interested persons through one or more
of the following methods, as indicated.
Document
ADAMS accession No.
CoC No. 1014, Amendment
No. 8, Revision No. 1.
Safety Evaluation Report ......
Technical Specifications, Appendix A.
Technical Specifications, Appendix B.
Application (portions are nonpublic/proprietary).
December 20, 2013, Application Supplement.
February 28, 2014, Application Supplement.
ML14262A478
ML14262A476
ML14262A480
ML14262A479
ML13235A082
ML14009A271
ML14064A344
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–2014–0233. 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–2014–0233); 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
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, 2239, 2273,
2282, 2021); Energy Reorganization Act secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842,
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Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Proposed Rules
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); Government
Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005,
Pub. L. 109–58, 119 Stat. 788 (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).
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
2. In § 72.214, Certificate of
Compliance No. 1014 is revised to read
as follows:
In proposed rule document 2014–
27286, appearing on pages 77102
through 77335 in the issue of Tuesday,
December 23, 2014, make the following
corrections:
1. On pages 77103 to 77104, in
footnote 1, ‘‘https://.frbservices.org/
files/communications/pdf/general/
2013_fed_res_paymt_study_detailed_
rpt.pdf’’ should read ‘‘https://
www.frbservices.org/files/
communications/pdf/general/2013_fed_
res_paymt_study_detailed_rpt.pdf’’.
2. On page 77105, in footnote 19,
‘‘https://www.fdic.gov/
householdsurvey/report.pdf’’ should
read ‘‘https://www.fdic.gov/
householdsurvey/2013report.pdf’’.
3. On page 77107, in footnote 36,
‘‘https://.com/blackhawkcomments-onparent-company-safeways-spinoffannouncement/’’ should read ‘‘https://
blackhawknetwork.com/blackhawkcomments-on-parent-companysafeways-spin-off-announcement/’’.
4. On page 77109, in footnote 43,
‘‘https://.consumerfinance.gov/f/201309_
cfpb_payroll-cardbulletin.pdf’’ should
read ‘‘https://www.consumerfinance.gov/
f/201309_cfpb_payroll-cardbulletin.pdf’’.
5. On page 77120, in the third
column, in the third paragraph, on the
fifth and sixth line, ‘‘et se’’ should read
‘‘et seq.’’.
6. On page 77131, in footnote 206,
‘‘https://www.consumer.ftc.gov//0182gift-cards’’ should read ‘‘https://
www.consumer.ftc.gov/articles/0182gift-cards’’.
7. On page 77141, in footnote 222,
‘‘https://www.federalreserve.gov/
publications/es/2014_Prepaid_Cards_
Final.pdf’’ should read ‘‘https://
www.federalreserve.gov/publications/
files/2014_Prepaid_Cards_Final.pdf’’.
8. On page 77154, in footnote 258,
‘‘https://www.nielsen.com/content//
■
§ 72.214 List of approved spent fuel
storage casks.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
*
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000.
Amendment Number 1 Effective Date:
July 15, 2002.
Amendment Number 2 Effective Date:
June 7, 2005.
Amendment Number 3 Effective Date:
May 29, 2007.
Amendment Number 4 Effective Date:
January 8, 2008.
Amendment Number 5 Effective Date:
July 14, 2008.
Amendment Number 6 Effective Date:
August 17, 2009.
Amendment Number 7 Effective Date:
December 28, 2009.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
ML12213A170), superseded by
Amendment 8, Revision 1 on April 21,
2015.
Amendment Number 8, Revision No.
1, Effective Date: April 21, 2015.
Amendment Number 9 Effective Date:
March 11, 2014.
SAR Submitted by: Holtec
International.
SAR Title: Final Safety Analysis
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Model Number: HI–STORM 100.
*
*
*
*
*
Dated at Rockville, Maryland, this 26 day
of January.
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[FR Doc. 2015–02309 Filed 2–4–15; 8:45 am]
BILLING CODE 7590–01–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Parts 1005 and 1026
[Docket No. CFPB–2014–0031]
RIN 3170–AA22
Prepaid Accounts under the Electronic
Fund Transfer Act (Regulation E) and
the Truth in Lending Act (Regulation Z)
Correction
PO 00000
Frm 00003
Fmt 4702
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corporate/us/en/reportsdownloads/
2014%20Reports/the-digitalconsumerreport-feb-2014.pdf’’ should
read ‘‘https://www.nielsen.com/content/
dam/corporate/us/en/reportsdownloads/2014%20Reports/thedigital-consumer-report-feb-2014.pdf’’.
9. On the same page, in the same
footnote, ‘‘https://
www.Federalreserve.gov//mobile-devicereport-201203.pdf’’ should read ‘‘https://
www.Federalreserve.gov/econresdata/
mobile-device-report-201203.pdf’’.
10. On the same page, in footnote 259,
in the fifth line, ‘‘100 a.m.’’ should read
‘‘100 Am.’’.
11. On page 77179, in footnote 296,
‘‘https://
cfsinnovation.s3.amazonaws.com/_
Prepaid_Industry_Scorecard_2014.pdf’’
should read ‘‘https://
cfsinnovation.s3.amazonaws.com/CFSI_
Prepaid_Industry_Scorecard_2014.pdf’’.
12. On page 77227, in footnote 365,
on the ninth line, ‘‘1026.4(c)(4)).’’
should read ‘‘1026.4(C)(4).)’’.
13. On page 77262, in footnote 430,
‘‘https://.pewtrusts.org/en/research-andanalysis/reports/2014/02/06/consumerscontinue-to-load-up-on-prepaid-cards’’
should read ‘‘https://www.pewtrusts.org/
en/research-and-analysis/reports/2014/
02/06/consumers-continue-to-load-upon-prepaid-cards’’.
PART 1005 [Corrected]
Supplement I to Part 1005 [Corrected]
14. In Supplement I to Part 1005, on
page 77315, in the first column, in the
first paragraph, on the eleventh line,
‘‘2(a)(15))–2)’’ should read ‘‘2(a)(15)–
2)’’.
15. In Supplement I to Part 1005, on
the same page, in the same column, in
the second paragraph, on the forty-first
line, ‘‘2(a)(15))–2.i.F’’ should read
‘‘2(a)(15)–2.i.F’’.
16. In Supplement I to Part 1005, on
the same page, in the third column, in
the second paragraph, on the first line,
‘‘12(a))–’’ should read ‘‘12(a)–’’.
[FR Doc. C1–2014–27286 Filed 2–4–15; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 73
[Docket No. FDA–2015–C–0245]
Signature Brands, LLC; Filing of Color
Additive Petition
AGENCY:
Food and Drug Administration,
HHS.
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Agencies
[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Proposed Rules]
[Pages 6466-6468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02309]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 /
Proposed Rules
[[Page 6466]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0233]
RIN 3150-AJ47
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 8, Revision No. 1
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 Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to add Amendment No. 8, Revision
No. 1, to the Certificate of Compliance (CoC) No. 1014. Amendment No.
8, Revision No. 1, changes burnup/cooling time limits for thimble plug
devices; changes Metamic-HT material testing requirements; changes
Metamic-HT material minimum guaranteed values; and updates fuel
definitions to allow boiling water reactor fuel affected by certain
corrosion mechanisms with specific guidelines to be classified as
undamaged fuel.
DATES: Submit comments by March 9, 2015. 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-2014-0233. 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 Nuclear
Material Safety and Safeguards, 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-2014-0233 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-2014-0233.
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-2014-0233 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 adding Amendment No. 8, Revision
No. 1, which will supersede Amendment No. 8 (effective May 2, 2012, and
corrected on November 16, 2012), to CoC No. 1014 to the ``List of
approved spent fuel storage casks,'' and does not include other aspects
of the Holtec International HI-STORM 100 Cask System design. Amendment
No. 8 continues to be effective but is now being modified with respect
to certain specified provisions, as outlined in Amendment No. 8,
Revision No. 1, which apply to all general licensees using the casks
for Independent Spent Fuel Storage Installations (ISFSI). Thus,
Amendment No. 8, Revision No. 1, supersedes the previously issued
Amendment No. 8. In requesting this
[[Page 6467]]
revision, Holtec indicated that it has not manufactured any cask under
CoC No. 1014, Amendment No. 8, and, consequently, no ISFSI licensee has
placed such a cask into service. 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 April 21, 2015. However, if the NRC receives
significant adverse comments on this proposed rule by March 9, 2015,
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 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. The NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 Cask System design and added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as Coc No. 1014.
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. 1014, Amendment No. 8, Revision ML14262A478
No. 1.
Safety Evaluation Report.................. ML14262A476
Technical Specifications, Appendix A...... ML14262A480
Technical Specifications, Appendix B...... ML14262A479
Application (portions are non-public/ ML13235A082
proprietary).
December 20, 2013, Application Supplement. ML14009A271
February 28, 2014, Application Supplement. ML14064A344
------------------------------------------------------------------------
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-2014-0233. 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-2014-0233); 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, 2239, 2273, 2282, 2021); Energy Reorganization Act
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842,
[[Page 6468]]
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);
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504
note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 788
(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).
0
2. In Sec. 72.214, Certificate of Compliance No. 1014 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170), superseded by
Amendment 8, Revision 1 on April 21, 2015.
Amendment Number 8, Revision No. 1, Effective Date: April 21, 2015.
Amendment Number 9 Effective Date: March 11, 2014.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 26 day of January.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-02309 Filed 2-4-15; 8:45 am]
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