List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System; Amendment No. 9, Revision 1, 412-414 [2015-33279]
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412
Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Proposed Rules
and ‘‘important to safety’’ directly
resulted in adverse consequences to
external stakeholders. The NRC’s
evaluation of the cost and benefits of
adopting a formal definition would be
enhanced if commenters provided a
quantitative estimate of the costs and/or
unachieved benefits due to the lack of
formal definitions of these two terms.
3. What regulations would have to be
revised to reflect the new definition,
and what would be the nature
(objective) of the revision for each
provision of the regulation which must
be revised?
4. What, if any, guidance would be
needed to implement the new
definition, and what should be the
scope, level of detail, and content of the
guidance?
VI. Conclusion
The NRC has determined that the
petition meets the threshold sufficiency
requirements for docketing a petition for
rulemaking under 10 CFR 2.802,
‘‘Petition for rulemaking,’’ and the
petition has been docketed as PRM–50–
112. The NRC will examine the issues
raised in PRM–50–112 to determine
whether they should be considered in
rulemaking.
Dated at Rockville, Maryland, this 30th day
of December, 2015.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2015–33287 Filed 1–5–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2015–0156]
RIN 3150–AJ63
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System; Amendment No. 9,
Revision 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
(Holtec or the applicant) HI–STORM
100 Cask System listing within the ‘‘List
of Approved Spent Fuel Storage Casks’’
to include Amendment No. 9, Revision
1, to Certificate of Compliance (CoC) No.
1014. Amendment No. 9, Revision 1,
changes cooling time limits for thimble
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SUMMARY:
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plug devices, removes certain testing
requirements for the fabrication of
Metamic HT neutron-absorbing
structural material, and reduces certain
minimum guaranteed values used in
bounding calculations for this material.
Amendment No. 9, Revision 1, also
changes fuel definitions to classify
certain boiling water reactor fuel within
specified guidelines as undamaged fuel.
DATES: Submit comments by February 5,
2016. 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 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–2015–0156. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Robert D. MacDougall, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–5175, email:
Robert.MacDougall@nrc.gov; U.S.
Nuclear Regulatory Commission,
Washington DC 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2015–
0156 when contacting the NRC about
PO 00000
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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–2015–0156.
• 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–2015–
0156 in the subject line of your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Procedural Background
This proposed rule is limited to the
changes contained in Amendment No.
9, Revision 1, to CoC No. 1014 and does
not include other aspects of the Holtec
HI–STORM 100 Cask System design.
Because the NRC considers this action
noncontroversial and routine, the NRC
is publishing this proposed rule
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Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Proposed Rules
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 March 21,
2016. If the NRC receives significant
adverse comments on this proposed rule
by February 5, 2016, then the NRC will
publish a Federal Register notice
withdrawing 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
and the regulatory analysis, see the
direct final rule published in the Rules
and Regulations section of this issue of
the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the U.S. 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 [U.S. 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
within 10 CFR part 72 entitled,
‘‘Approval of Spent Fuel Storage
Casks,’’ which contains procedures and
criteria for obtaining NRC approval of
spent fuel storage cask designs. The
NRC subsequently issued a final rule (65
FR 25241; May 1, 2000) that approved
the HI–STORM 100 Cask System design
and added it to the list of NRC-approved
cask designs in 10 CFR 72.214, ‘‘List of
approved spent fuel storage casks,’’ as
CoC No. 1014. Most recently, the NRC
issued a final rule effective on March
11, 2014 (78 FR 73379), that approved
the HI–STORM 100 Cask System design
amendment subject to this rulemaking
and added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as CoC
No. 1014, Amendment No. 9.
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.
ADAMS
accession No.
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Document
Proposed CoC 1014 Amendment No. 9, Revision 1 .....................................................................................................
Proposed CoC 1014 Amendment No. 9, Revision 1 Technical Specifications, Appendix A ........................................
Proposed CoC 1014 Amendment No. 9, Revision 1 Technical Specifications, Appendix B ........................................
Proposed CoC 1014 Amendment No. 9, Revision 1 Technical Specifications, Appendix A–100U .............................
Proposed CoC 1014 Amendment No. 9, Revision 1 Technical Specifications, Appendix B–100U .............................
Preliminary CoC 1014 Amendment No. 9, Revision 1 Safety Evaluation Report .........................................................
Request for Revision Application dated July 1, 2014 ....................................................................................................
Notification by general licensees of voluntary acceptance of Revision 1 requirements dated August 28, 2015 .........
Interim Staff Guidance 1, Classifying the Condition of Spent Nuclear Fuel for Interim Storage and Transportation
Based on Function.
Interim Staff Guidance 11, Revision 3, Cladding Considerations for the Transportation and Storage of Spent Fuel
Interim Staff Guidance 23, Application of ASTM Standard Practice C1671–07 when performing technical reviews
of spent fuel storage and transportation packaging licensing actions.
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–2015–0156. The
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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–2015–0156); (2) click the
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ML15156A941
ML15156A956
ML15156A970
ML15156A982
ML15156B000
ML15156B011
ML14182A486
ML15240A233
ML071420268
ML033230335
ML103130171
‘‘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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Federal Register / Vol. 81, No. 3 / Wednesday, January 6, 2016 / Proposed Rules
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Criminal penalties,
Hazardous waste, Indians,
Intergovernmental relations, Manpower
training programs, Nuclear energy,
Nuclear materials, Occupational safety
and health, Penalties, Radiation
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:
■
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Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
2099, 2111, 2201, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1982,
secs. 117(a), 132, 133, 134, 135, 137, 141,
145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
Section 72.44(g) also issued under
Nuclear Waste Policy Act secs. 142(b)
and 148(c), (d) (42 U.S.C. 10162(b),
10168(c), (d)).
Section 72.46 also issued under
Atomic Energy Act sec. 189 (42 U.S.C.
2239); Nuclear Waste Policy Act sec.
134 (42 U.S.C. 10154).
Section 72.96(d) also issued under
Nuclear Waste Policy Act sec. 145(g) (42
U.S.C. 10165(g)).
Subpart J also issued under Nuclear
Waste Policy Act secs. 117(a), 141(h) (42
U.S.C. 10137(a), 10161(h)).
Subpart K also issued under sec.
218(a) (42 U.S.C. 10198).
■ 2. In § 72.214, Certificate of
Compliance No. 1014 is revised to read
as follows:
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000.
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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).
Amendment Number 9 Effective Date:
March 11, 2014, superseded by
Amendment Number 9, Revision 1 on
March 21, 2016.
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016.
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 22nd
day of December, 2015. For the Nuclear
Regulatory Commission.
Glenn M. Tracy,
Acting, Executive Director for Operations.
[FR Doc. 2015–33279 Filed 1–5–16; 8:45 am]
BILLING CODE 7590–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2015–0733; FRL–9941–05–
Region 7]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Nebraska; Sewage Sludge
Incinerators
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve the
Clean Air Act (CAA) section 111(d)/129
negative declaration for the state of
Nebraska, for existing sewage sludge
incinerator (SSI) units. This negative
declaration certifies that existing SSI
units subject to sections 111(d) and 129
of the CAA do not exist within the
SUMMARY:
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jurisdiction of Nebraska. EPA is
accepting the negative declaration in
accordance with the requirements of the
CAA.
DATES: Comments must be received on
or before February 5, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0733, to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Paula Higbee, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at 913–551–7028
or by email at higbee.paula@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving the state’s
SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant 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 action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule and if that part can be severed
E:\FR\FM\06JAP1.SGM
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Agencies
[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Proposed Rules]
[Pages 412-414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33279]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2015-0156]
RIN 3150-AJ63
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System; Amendment No. 9, Revision 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 (Holtec or the applicant) HI-STORM 100 Cask System
listing within the ``List of Approved Spent Fuel Storage Casks'' to
include Amendment No. 9, Revision 1, to Certificate of Compliance (CoC)
No. 1014. Amendment No. 9, Revision 1, changes cooling time limits for
thimble plug devices, removes certain testing requirements for the
fabrication of Metamic HT neutron-absorbing structural material, and
reduces certain minimum guaranteed values used in bounding calculations
for this material. Amendment No. 9, Revision 1, also changes fuel
definitions to classify certain boiling water reactor fuel within
specified guidelines as undamaged fuel.
DATES: Submit comments by February 5, 2016. 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 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-2015-0156. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: Rulemaking.Comments@nrc.gov. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Robert D. MacDougall, Office of
Nuclear Material Safety and Safeguards, telephone: 301-415-5175, email:
Robert.MacDougall@nrc.gov; U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0156 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-2015-0156.
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-2015-0156 in the subject line of your
comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
This proposed rule is limited to the changes contained in Amendment
No. 9, Revision 1, to CoC No. 1014 and does not include other aspects
of the Holtec HI-STORM 100 Cask System design. Because the NRC
considers this action noncontroversial and routine, the NRC is
publishing this proposed rule
[[Page 413]]
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 March 21, 2016. If the NRC receives
significant adverse comments on this proposed rule by February 5, 2016,
then the NRC will publish a Federal Register notice withdrawing 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 and the regulatory analysis,
see the direct final rule published in the Rules and Regulations
section of this issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the U.S. 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 [U.S. 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
within 10 CFR part 72 entitled, ``Approval of Spent Fuel Storage
Casks,'' which contains procedures and criteria for obtaining NRC
approval of spent fuel storage cask designs. The NRC subsequently
issued a final rule (65 FR 25241; May 1, 2000) that approved the HI-
STORM 100 Cask System design and added it to the list of NRC-approved
cask designs in 10 CFR 72.214, ``List of approved spent fuel storage
casks,'' as CoC No. 1014. Most recently, the NRC issued a final rule
effective on March 11, 2014 (78 FR 73379), that approved the HI-STORM
100 Cask System design amendment subject to this rulemaking and added
it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No.
1014, Amendment No. 9.
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.
---------------------------------------------------------------
Proposed CoC 1014 Amendment No. 9, ML15156A941
Revision 1.
Proposed CoC 1014 Amendment No. 9, ML15156A956
Revision 1 Technical
Specifications, Appendix A.
Proposed CoC 1014 Amendment No. 9, ML15156A970
Revision 1 Technical
Specifications, Appendix B.
Proposed CoC 1014 Amendment No. 9, ML15156A982
Revision 1 Technical
Specifications, Appendix A-100U.
Proposed CoC 1014 Amendment No. 9, ML15156B000
Revision 1 Technical
Specifications, Appendix B-100U.
Preliminary CoC 1014 Amendment No. ML15156B011
9, Revision 1 Safety Evaluation
Report.
Request for Revision Application ML14182A486
dated July 1, 2014.
Notification by general licensees ML15240A233
of voluntary acceptance of
Revision 1 requirements dated
August 28, 2015.
Interim Staff Guidance 1, ML071420268
Classifying the Condition of
Spent Nuclear Fuel for Interim
Storage and Transportation Based
on Function.
Interim Staff Guidance 11, ML033230335
Revision 3, Cladding
Considerations for the
Transportation and Storage of
Spent Fuel.
Interim Staff Guidance 23, ML103130171
Application of ASTM Standard
Practice C1671-07 when performing
technical reviews of spent fuel
storage and transportation
packaging licensing actions.
------------------------------------------------------------------------
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-2015-0156. 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-2015-0156); (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).
[[Page 414]]
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties,
Hazardous waste, Indians, Intergovernmental relations, Manpower
training programs, Nuclear energy, Nuclear materials, Occupational
safety and health, Penalties, Radiation 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 of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1982,
secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42
U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g),
10168, 10198(a)); 44 U.S.C. 3504 note.
Section 72.44(g) also issued under Nuclear Waste Policy Act secs.
142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear Waste Policy Act sec.
145(g) (42 U.S.C. 10165(g)).
Subpart J also issued under Nuclear Waste Policy Act secs. 117(a),
141(h) (42 U.S.C. 10137(a), 10161(h)).
Subpart K also issued under sec. 218(a) (42 U.S.C. 10198).
0
2. In Sec. 72.214, Certificate of Compliance 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).
Amendment Number 9 Effective Date: March 11, 2014, superseded by
Amendment Number 9, Revision 1 on March 21, 2016.
Amendment Number 9, Revision 1, Effective Date: March 21, 2016.
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 22nd day of December, 2015.
For the Nuclear Regulatory Commission.
Glenn M. Tracy,
Acting, Executive Director for Operations.
[FR Doc. 2015-33279 Filed 1-5-16; 8:45 am]
BILLING CODE 7590-01-P