List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment No. 10, 13295-13298 [2016-05709]

Download as PDF Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules List of Subjects 7 CFR Part 251 The Emergency Food Assistance Program, Miscellaneous provisions. 7 CFR Part 271 Supplemental Nutrition Assistance Program, Promotional activities. 7 CFR Part 272 Supplemental Nutrition Assistance Program, Program informational activities. 7 CFR Part 277 Supplemental Nutrition Assistance Program, Funding. Accordingly, 7 CFR parts 251, 271, 272 and 277 are proposed to be amended as follows: PART 251—THE EMERGENCY FOOD ASSISTANCE PROGRAM 1. The authority citation for 7 CFR part 251 continues to read as follows: ■ Authority: 7 U.S.C. 2011–2036. 2. Revise § 251.10 (i). The revision reads as follows: ■ § 251.10 Miscellaneous provisions. * * * * * (i) Recruitment activities related to the Supplemental Nutrition Assistance Program (SNAP). Any entity that receives donated foods identified in this section must adhere to regulations set forth under § 277.4(b)(6) of this chapter. PART 271—GENERAL INFORMATION AND DEFINITIONS 1. The authority citation for 7 CFR 271 continues to read as follows: ■ 2. Add § 271.9 as follows: § 271.9 Promotional activities (a) No funds authorized to be appropriated under the Food and Nutrition Act of 2008, as amended, shall be used for recruitment or promotion activities as described in § 277.4(b)(5). No entity receiving funds under the Food and Nutrition Act of 2008, as amended, shall be permitted to perform activities described in § 277.4(b)(6). mstockstill on DSK4VPTVN1PROD with PROPOSALS PART 272—REQUIREMENTS FOR PARTICIPATING STATE AGENCIES 1. The authority citation for 7 CFR part 272 continues to read as follows: ■ Authority: 7 U.S.C. 2011–2036. 2. Revise § 272.5(c). The revision reads as follows: ■ § 272.5 * * Program informational activities * VerDate Sep<11>2014 * * 16:03 Mar 11, 2016 Jkt 238001 PART 277—PAYMENTS OF CERTAIN ADMINISTRATIVE COSTS OF STATE AGENCIES 1. The authority citation for 7 CFR part 277 continues to read as follows: ■ Authority: 7 U.S.C. 2011–2036. 2. In § 277.4: a. Remove the phrase ‘‘Food Stamp Program’’ and add in its place ‘‘SNAP’’. ■ b. Amend paragraph (b) by removing the last two sentences; and ■ c. Add paragraphs (b)(5) and (b)(6). The additions read as follows: ■ ■ Authority: 7 U.S.C. 2011–2036. ■ (c) Program informational activities for low-income households. At their option, State agencies may carry out and claim associated costs for Program informational activities designed to inform low-income households about the availability, eligibility requirements, application procedures, and benefits of SNAP. Allowable informational activities shall not include recruitment activities as described in § 277.4(b)(5). Program informational materials used in such activities shall be subject to § 272.4(b), which pertains to bilingual requirements. Before FNS considers costs for allowable informational activities eligible for reimbursement at the fifty percent rate under part 277 of this chapter, State agencies shall obtain FNS approval for the attachment to their Plans of Operation as specified in § 272.2(d)(1)(ix). In such attachments, State agencies shall describe the subject activities with respect to the socioeconomic and demographic characteristics of the target population, types of media used, geographic areas warranting attention, and outside organizations which would be involved. State agencies shall update this attachment to their Plans of Operation when significant changes occur and shall report projected costs for this Program activity in accordance with § 272.2(c), (e), and (f). § 277.4 * * * * * (b) * * * (5) The Federal reimbursement rate shall include reimbursement for SNAP informational activities, but shall not include the following: (i) Recruitment activities designed to persuade an individual to apply for SNAP benefits through the use of persuasive practices. Persuasive practices constitute coercing or pressuring an individual to apply, or providing incentives to fill out an application for SNAP benefits. Communicating factual information pertaining to SNAP is not a recruitment PO 00000 Frm 00006 Fmt 4702 activity designed to persuade an individual to apply for SNAP benefits. (ii) Television, radio or billboard advertisements that are designed to promote SNAP benefits and enrollment, excepting the use of such advertisements for programmatic activities undertaken with respect to benefits provided under § 280.1 of this Part. (iii) Agreements with foreign governments that are designed to promote SNAP benefits and enrollment. (6) Any entity that receives funding from the programs identified by this section and § 251.4 is prohibited from compensating any person for conducting outreach activities relating to participation in, or for recruiting individuals to apply to receive benefits under, the supplemental nutrition assistance program, if the amount of the compensation would be based on the number of individuals who apply to receive the benefits. Dated: March 3, 2016. Kevin Concannon, Under Secretary, Food, Nutrition, and Consumer Services. [FR Doc. 2016–05583 Filed 3–11–16; 8:45 am] BILLING CODE 3410–30–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2015–0270] RIN 3150–AJ71 List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment No. 10 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 applicant) HI–STORM 100 Cask System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 10 to Certificate of Compliance (CoC) No. 1014. Amendment No. 10 adds new fuel classes to the contents approved for the loading of 16X16-pin fuel assemblies into a HI–STORM 100 Cask System; allows a minor increase in manganese in an alloy material for the system’s overpack and transfer cask; clarifies the minimum water displacement required of a dummy fuel rod (i.e., a rod not SUMMARY: Funding Sfmt 4702 13295 E:\FR\FM\14MRP1.SGM 14MRP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 13296 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules filled with uranium pellets); and clarifies the design pressures needed for normal operation of forced helium drying systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC No. 1014 to provide clearer direction on the measurement of air velocity and modeling of heat distribution through the storage system. DATES: Submit comments by April 13, 2016. Comments received after this date will be considered if it is practical to do so, but the Commission 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–2015–0270. 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, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–5175; email: Robert.MacDougall@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2015– 0270 when contacting the NRC about VerDate Sep<11>2014 16:03 Mar 11, 2016 Jkt 238001 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–2015–0270. • 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– 0270 in 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. 10 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 concurrently with a direct final rule in PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 May 31, 2016. However, if the NRC receives significant adverse comments on this proposed rule by April 13, 2016, 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 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 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 E:\FR\FM\14MRP1.SGM 14MRP1 13297 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules 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 HI–STORM 100 Cask System design and added it to the list of NRCapproved 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 as indicated. Document ADAMS accession No. Holtec International HI–STORM 100 Cask System—License Amendment Request (1014–10) ....................................................... Proposed CoC No. 1014, Amendment No. 10 .................................................................................................................................... Appendix A for Proposed CoC No. 1014, Amendment No. 10 .......................................................................................................... Appendix B for Proposed CoC No. 1014, Amendment No. 10 .......................................................................................................... Appendix A—100U for Proposed CoC No. 1014, Amendment No. 10 .............................................................................................. Appendix B—100U for Proposed CoC No. 1014, Amendment No. 10 .............................................................................................. Preliminary SER for Proposed CoC No. 1014, Amendment No. 10 .................................................................................................. ML15007A435 ML15331A307 ML15331A310 ML15331A311 ML15331A312 ML15331A313 ML15331A309 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–2015–0270. 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–2015–0270); 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 mstockstill on DSK4VPTVN1PROD with PROPOSALS 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: VerDate Sep<11>2014 16:03 Mar 11, 2016 Jkt 238001 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 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 1969 (42 U.S.C. 4332); Nuclear Waste 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. 2. In § 72.214, Certificate of Compliance 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. Amendment Number 1 Effective Date: July 15, 2002. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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. Amendment Number 10 Effective Date: May 31, 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 2nd day of March, 2016. E:\FR\FM\14MRP1.SGM 14MRP1 13298 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules For the Nuclear Regulatory Commission. Victor M. McCree, Executive Director of Operations. [FR Doc. 2016–05709 Filed 3–11–16; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–4224; Directorate Identifier 2015–NM–170–AD] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc. Model DHC–8–400 airplanes. This proposed AD was prompted by one in-service report of a cracked and corroded barrel nut found at the mid-spar location of the horizontal stabilizer to vertical stabilizer attachment joint. There have also been two other reports of corroded barrel nuts found at mid-spar locations. This proposed AD would require repetitive detailed inspections of each barrel nut and cradle, a check of the bolt torque of any preload indicating washer (PLI), and corrective action if necessary. We are proposing this AD to detect and correct cracked and corroded barrel nuts. This condition could compromise the structural integrity of the vertical stabilizer attachment joints, which could lead to loss of control of the airplane. SUMMARY: We must receive comments on this proposed AD by April 28, 2016. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 mstockstill on DSK4VPTVN1PROD with PROPOSALS DATES: VerDate Sep<11>2014 16:03 Mar 11, 2016 Jkt 238001 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416–375– 4000; fax 416–375–4539; email thd.qseries@aero.bombardier.com; Internet https://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 4224; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE– 171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, N Y 11590; telephone 516–228–7329; fax 516–794–5531. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF–2015–13, dated June 25, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc. Model DHC–8–400 airplanes. The MCAI states: There has been one in-service report of a cracked and corroded barrel nut, part number (P/N) DSC228–12, found at the mid-spar location of the horizontal stabilizer to vertical stabilizer attachment joint. There have also been two other reports of corroded barrel nuts found at mid-spar locations. Preliminary investigation determined that the cracking is initiated by corrosion. The corrosion may have been caused by inadequate cadmium plating on the barrel nut. Failure of the barrel nuts could compromise the structural integrity of the joint and could lead to loss of control of the aeroplane. This [Canadian] AD mandates initial and repetitive inspections of the barrel nuts [and cradles for cracks and corrosion] at each horizontal stabilizer to vertical stabilizer attachment joints. Required actions include a bolt preload check of any PLI washers and applicable corrective actions (retorque of the bolts and replacement of the barrel nut), a detailed inspection of cracked or broken barrel nuts for damaged bores of the fittings, replacement of barrel nuts, and repair of damage and corrosion. You may examine the MCAI in the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 4224. Comments Invited Related Service Information Under 1 CFR Part 51 We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2016–4224; Directorate Identifier 2015–NM–170–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Bombardier, Inc. has issued Alert Service Bulletin A84–55–04, Revision A, dated June 2, 2015. The service information describes procedures for a detailed inspection of the barrel nuts and cradles for cracks and corrosion, a bolt preload check of any PLI washers and applicable corrective actions, a detailed inspection for corrosion and damage of the bores of the fittings, replacement of the barrel nuts, and repair of damage and corrosion. Bombardier has issued Bombardier Repair Drawing (RD) 8/4–55–1143, Issue 1, dated May 21, 2015. The service information describes procedures for repairing corrosion and damage of the bore of the fitting. This service information is reasonably available because the interested parties have access to it through their normal PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\14MRP1.SGM 14MRP1

Agencies

[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Proposed Rules]
[Pages 13295-13298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05709]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0270]
RIN 3150-AJ71


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment 
No. 10

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 applicant) HI-STORM 100 Cask System listing 
within the ``List of approved spent fuel storage casks'' to include 
Amendment No. 10 to Certificate of Compliance (CoC) No. 1014. Amendment 
No. 10 adds new fuel classes to the contents approved for the loading 
of 16X16-pin fuel assemblies into a HI-STORM 100 Cask System; allows a 
minor increase in manganese in an alloy material for the system's 
overpack and transfer cask; clarifies the minimum water displacement 
required of a dummy fuel rod (i.e., a rod not

[[Page 13296]]

filled with uranium pellets); and clarifies the design pressures needed 
for normal operation of forced helium drying systems. Additionally, 
Amendment No. 10 revises Condition No. 9 of CoC No. 1014 to provide 
clearer direction on the measurement of air velocity and modeling of 
heat distribution through the storage system.

DATES: Submit comments by April 13, 2016. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
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-2015-0270. 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, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-5175; email: 
Robert.MacDougall@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0270 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-2015-0270.
     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-2015-0270 in 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. 10 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 
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 May 31, 2016. However, if the NRC receives 
significant adverse comments on this proposed rule by April 13, 2016, 
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 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 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

[[Page 13297]]

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 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 as indicated.

------------------------------------------------------------------------
                                                               ADAMS
                        Document                           accession No.
------------------------------------------------------------------------
Holtec International HI-STORM 100 Cask System--License       ML15007A435
 Amendment Request (1014-10)............................
Proposed CoC No. 1014, Amendment No. 10.................     ML15331A307
Appendix A for Proposed CoC No. 1014, Amendment No. 10..     ML15331A310
Appendix B for Proposed CoC No. 1014, Amendment No. 10..     ML15331A311
Appendix A--100U for Proposed CoC No. 1014, Amendment        ML15331A312
 No. 10.................................................
Appendix B--100U for Proposed CoC No. 1014, Amendment        ML15331A313
 No. 10.................................................
Preliminary SER for Proposed CoC No. 1014, Amendment No.     ML15331A309
 10.....................................................
------------------------------------------------------------------------

    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-2015-0270. 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-2015-0270); 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, 
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 1969 
(42 U.S.C. 4332); Nuclear Waste 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.

0
2. In Sec.  72.214, Certificate of Compliance 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.
    Amendment Number 10 Effective Date: May 31, 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 2nd day of March, 2016.


[[Page 13298]]


    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director of Operations.
[FR Doc. 2016-05709 Filed 3-11-16; 8:45 am]
 BILLING CODE 7590-01-P
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