List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, 15007-15009 [2017-05897]

Download as PDF 15007 Proposed Rules Federal Register Vol. 82, No. 56 Friday, March 24, 2017 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–2016–0254] RIN 3150–AJ88 List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by adding the TN Americas LLC (TN Americas), NUHOMS® Extended Optimized Storage (EOS) Dry Spent Fuel Storage System to the ‘‘List of approved spent fuel storage casks’’ as Certificate of Compliance (CoC) No. 1042. The NUHOMS® EOS System provides horizontal storage of high burnup spent pressurized water reactor and boiling water reactor fuel assemblies in dry shielded canisters. DATES: Submit comments by April 24, 2017. 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: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2016–0254. 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. jstallworth on DSK7TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:13 Mar 23, 2017 Jkt 241001 • 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: Edward Lohr, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 0253; email: Edward.Lohr@nrc.gov. SUPPLEMENTARY INFORMATION: B. Submitting Comments I. Obtaining Information and Submitting Comments Please include Docket ID NRC–2016– 0254 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 http:// 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. A. Obtaining Information II. Rulemaking Procedure Please refer to Docket ID NRC–2016– 0254 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 http://www.regulations.gov and search for Docket ID NRC–2016–0254. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://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. This proposed rule is limited to the addition of CoC No. 1042 to the ‘‘List of approved spent fuel storage casks.’’ Because the NRC considers this action noncontroversial and routine, the NRC is publishing this proposed rule concurrently with a direct final rule in the Rules and Regulations section of this issue of the Federal Register. Adequate protection of public health and safety continues to be ensured. The direct final rule will become effective on June 7, 2017. However, if the NRC receives significant adverse comments on this proposed rule by April 24, 2017, 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 this proposed addition in a subsequent final rule. Absent significant modifications to the proposed addition 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\24MRP1.SGM 24MRP1 15008 Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules 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 Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the NWPA states, in part, that ‘‘[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule which added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled, ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, well-organized manner that also follows other best practices appropriate to the subject or field and the intended audience. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). The NRC requests comment on the proposed rule with respect to clarity and effectiveness of the language used. V. Availability of Documents The documents identified in the following table are available to interested persons as indicated. Document ADAMS Accession No. NUHOMS® AREVA Application for Approval of the Spent Fuel Cask Design for the EOS System, Docket 72–1042, letter dated. December, 19, 2014 (original application). Withdrawal of December 19, 2014 AREVA Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, Docket 72–1042, letter dated April 24, 2015. Re-submittal of AREVA Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated. June 16, 2015 *. Safety Evaluation Report for AREVA NUHOMS® HD Horizontal Modular Storage System, CoC No. 1030 ................. AREVA Submittal of Additional Information Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated July 30, 2015 *. NRC Request for Additional Information Related to AREVA Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated October 16, 2015 *. AREVA Response to NRC Request for Additional Information Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC. No. 1042, letter dated December 18, 2015 *. NRC Request for Additional Information Related to AREVA Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated March 3, 2016 *. AREVA Response to NRC Request for Additional Information Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated April 7, 2016 *. AREVA Submittal of Additional Information Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated June 13, 2016 *. AREVA Submittal of Additional Information Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS® EOS System, CoC No. 1042, letter dated July 28, 2016 *. Name Change from AREVA to TN Americas, letter dated November 18, 2016 * .......................................................... Preliminary Safety Evaluation Report for TN Americas NUHOMS® EOS System, CoC No. 1042 * .............................. Technical Specifications for TN Americas NUHOMS® EOS System, CoC No. 1042 * .................................................. ML15005A477 (Package). ML15114A444. ML15173A379 (Package). ML070160089. ML15223A204. ML15287A255 (Package). ML15364A490 (Package). ML16063A454 (Package). ML16111A670 (Package). ML16169A044 (Package). ML16215A026 (Package). ML16327A011. ML16242A023. ML16242A022. jstallworth on DSK7TPTVN1PROD with PROPOSALS * The term ‘‘Amendment 0’’ used in the supporting documents for this proposed rule and the term ‘‘Initial Certificate’’ used in 10 CFR 72.214 describes the same document. Initial Certificate is the correct term and will be used henceforth when discussion involves this document. The NRC may post materials related to this document, including public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC–2016–0254. The Federal Rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To VerDate Sep<11>2014 13:13 Mar 23, 2017 Jkt 241001 subscribe: (1) Navigate to the docket folder (NRC–2016–0254); (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). PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 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 E:\FR\FM\24MRP1.SGM 24MRP1 Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Proposed Rules 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 adopting the following amendment 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 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 1042 is added to read as follows: ■ § 72.214 List of approved spent fuel storage casks. jstallworth on DSK7TPTVN1PROD with PROPOSALS * * * * * Certificate Number: 1042. Initial Certificate Effective Date: June 7, 2017. SAR Submitted by: TN Americas LLC. SAR Title: Final Safety Analysis Report for the NUHOMS® EOS Dry Spent Fuel Storage System. Docket Number: 72–1042. Certificate Expiration Date: [DATE 20 YEARS AFTER PUBLICATION IN THE Federal Register]. Model Number: EOS–37PTH, EOS– 89BTH. Dated at Rockville, Maryland, this 9th day of March 2017. For the Nuclear Regulatory Commission. Victor M. McCree, Executive Director for Operations. [FR Doc. 2017–05897 Filed 3–23–17; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 13:13 Mar 23, 2017 Jkt 241001 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1005 [Docket No. CFPB–2017–0004] Request for Information Regarding Remittance Rule Assessment Bureau of Consumer Financial Protection. ACTION: Notice of assessment of remittance rule and request for public comment. AGENCY: The Bureau of Consumer Financial Protection (Bureau) is conducting an assessment of certain of the Bureau’s regulations related to consumer remittance transfers under the Electronic Fund Transfer Act (subpart B of Regulation E) in accordance with section 1022(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Bureau is requesting public comment on its plans for assessing these regulations as well as certain recommendations and information that may be useful in conducting the planned assessment. DATES: Comments must be received on or before: May 23, 2017. ADDRESSES: You may submit comments, identified by Docket No. CFPB–2017– 0004, by any of the following methods: • Electronic: http:// www.regulations.gov. Follow the instructions for submitting comments. • Email: FederalRegisterComments@ cfpb.gov. Include Docket No. CFPB– 2017–0004 in the subject line of the email. • Mail: Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. • Hand Delivery/Courier: Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002. Instructions: All submissions should include the document title and docket number. Because paper mail in the Washington, DC area and at the Bureau is subject to delay, commenters are encouraged to submit comments electronically. In general, all comments received will be posted without change to http://www.regulations.gov. In addition, comments will be available for public inspection and copying at 1275 First Street NE., Washington, DC 20002 on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment to inspect the documents by telephoning (202) 435–7275. SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 15009 All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments generally will not be edited to remove any identifying or contact information. FOR FURTHER INFORMATION CONTACT: Scott Fulford, Economist; Paul Rothstein, Section Chief; Jane Raso, Counsel; Max Bentovim, Financial Analyst; Division of Research, Markets, and Regulations at (202) 435–9798. SUPPLEMENTARY INFORMATION: I. Background Congress established the Bureau in the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).1 In the Dodd-Frank Act, Congress generally consolidated in the Bureau the rulemaking authority for Federal consumer financial laws previously vested in certain other Federal agencies. Congress also provided the Bureau with the authority to, among other things, prescribe rules as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of the Federal consumer financial laws and to prevent evasions thereof.2 Since 2011, the Bureau has issued a number of rules adopted under Federal consumer financial law.3 Section 1022(d) of the Dodd-Frank Act requires the Bureau to conduct an assessment of each significant rule or order adopted by the Bureau under Federal consumer financial law. The Bureau must publish a report of the assessment not later than five years after the effective date of such rule or order. The assessment must address, among other relevant factors, the rule’s effectiveness in meeting the purposes and objectives of title X of the DoddFrank Act and the specific goals stated by the Bureau. The assessment must reflect available evidence and any data that the Bureau reasonably may collect. Before publishing a report of its assessment, the Bureau must invite public comment on recommendations for modifying, expanding, or eliminating the significant rule or order. In February 2012, the Bureau published a final rule concerning consumer remittance transfers to individuals and businesses in foreign countries in the Federal Register titled ‘‘Electronic Fund Transfers (Regulation E)’’ (February 2012 Final Rule) to implement section 1073 of the Dodd 1 Public Law 111–203, 124 Stat. 1376 (2010). U.S.C. 5512(b)(1). 3 12 U.S.C. 5512(d). 2 12 E:\FR\FM\24MRP1.SGM 24MRP1

Agencies

[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Proposed Rules]
[Pages 15007-15009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05897]


========================================================================
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. 82, No. 56 / Friday, March 24, 2017 / 
Proposed Rules

[[Page 15007]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0254]
RIN 3150-AJ88


List of Approved Spent Fuel Storage Casks: TN Americas LLC, 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of 
Compliance No. 1042

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 adding the TN Americas LLC 
(TN Americas), NUHOMS[supreg] Extended Optimized Storage (EOS) Dry 
Spent Fuel Storage System to the ``List of approved spent fuel storage 
casks'' as Certificate of Compliance (CoC) No. 1042. The NUHOMS[supreg] 
EOS System provides horizontal storage of high burnup spent pressurized 
water reactor and boiling water reactor fuel assemblies in dry shielded 
canisters.

DATES: Submit comments by April 24, 2017. 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:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0254. 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: Edward Lohr, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0253; email: 
Edward.Lohr@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0254 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 http://www.regulations.gov and search for Docket ID NRC-2016-0254.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://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-2016-0254 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 http://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. Rulemaking Procedure

    This proposed rule is limited to the addition of CoC No. 1042 to 
the ``List of approved spent fuel storage casks.'' Because the NRC 
considers this action noncontroversial and routine, the NRC is 
publishing this proposed rule concurrently with a direct final rule in 
the Rules and Regulations section of this issue of the Federal 
Register. Adequate protection of public health and safety continues to 
be ensured. The direct final rule will become effective on June 7, 
2017. However, if the NRC receives significant adverse comments on this 
proposed rule by April 24, 2017, 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 
this proposed addition in a subsequent final rule. Absent significant 
modifications to the proposed addition 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

[[Page 15008]]

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 Regulatory] Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the NWPA 
states, in part, that ``[the Commission] shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 219(a) [sic: 218(a)] for use at the site of 
any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule which added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled, ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs.

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. The NRC has written this document to 
be consistent with the Plain Writing Act as well as the Presidential 
Memorandum, ``Plain Language in Government Writing,'' published June 
10, 1998 (63 FR 31883). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

------------------------------------------------------------------------
                  Document                       ADAMS Accession No.
------------------------------------------------------------------------
AREVA Application for Approval of the Spent  ML15005A477 (Package).
 Fuel Cask Design for the NUHOMS[supreg]
 EOS System, Docket 72-1042, letter dated.
 December, 19, 2014 (original application).
Withdrawal of December 19, 2014 AREVA        ML15114A444.
 Application for Approval of the Spent Fuel
 Cask Design for the NUHOMS[supreg] EOS
 System, Docket 72-1042, letter dated April
 24, 2015.
Re-submittal of AREVA Application for        ML15173A379 (Package).
 Approval of the Spent Fuel Cask Design for
 the NUHOMS[supreg] EOS System, CoC No.
 1042, letter dated. June 16, 2015 *.
Safety Evaluation Report for AREVA           ML070160089.
 NUHOMS[supreg] HD Horizontal Modular
 Storage System, CoC No. 1030.
AREVA Submittal of Additional Information    ML15223A204.
 Related to Application for Approval of the
 Spent Fuel Cask Design for the
 NUHOMS[supreg] EOS System, CoC No. 1042,
 letter dated July 30, 2015 *.
NRC Request for Additional Information       ML15287A255 (Package).
 Related to AREVA Application for Approval
 of the Spent Fuel Cask Design for the
 NUHOMS[supreg] EOS System, CoC No. 1042,
 letter dated October 16, 2015 *.
AREVA Response to NRC Request for            ML15364A490 (Package).
 Additional Information Related to
 Application for Approval of the Spent Fuel
 Cask Design for the NUHOMS[supreg] EOS
 System, CoC. No. 1042, letter dated
 December 18, 2015 *.
NRC Request for Additional Information       ML16063A454 (Package).
 Related to AREVA Application for Approval
 of the Spent Fuel Cask Design for the
 NUHOMS[supreg] EOS System, CoC No. 1042,
 letter dated March 3, 2016 *.
AREVA Response to NRC Request for            ML16111A670 (Package).
 Additional Information Related to
 Application for Approval of the Spent Fuel
 Cask Design for the NUHOMS[supreg] EOS
 System, CoC No. 1042, letter dated April
 7, 2016 *.
AREVA Submittal of Additional Information    ML16169A044 (Package).
 Related to Application for Approval of the
 Spent Fuel Cask Design for the
 NUHOMS[supreg] EOS System, CoC No. 1042,
 letter dated June 13, 2016 *.
AREVA Submittal of Additional Information    ML16215A026 (Package).
 Related to Application for Approval of the
 Spent Fuel Cask Design for the
 NUHOMS[supreg] EOS System, CoC No. 1042,
 letter dated July 28, 2016 *.
Name Change from AREVA to TN Americas,       ML16327A011.
 letter dated November 18, 2016 *.
Preliminary Safety Evaluation Report for TN  ML16242A023.
 Americas NUHOMS[supreg] EOS System, CoC
 No. 1042 *.
Technical Specifications for TN Americas     ML16242A022.
 NUHOMS[supreg] EOS System, CoC No. 1042 *.
------------------------------------------------------------------------
* The term ``Amendment 0'' used in the supporting documents for this
  proposed rule and the term ``Initial Certificate'' used in 10 CFR
  72.214 describes the same document. Initial Certificate is the correct
  term and will be used henceforth when discussion involves this
  document.

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2016-0254. 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-2016-0254); (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

[[Page 15009]]

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 adopting the following 
amendment 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 1042 is added to read as 
follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1042.
    Initial Certificate Effective Date: June 7, 2017.
    SAR Submitted by: TN Americas LLC.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS 
Dry Spent Fuel Storage System.
    Docket Number: 72-1042.
    Certificate Expiration Date: [DATE 20 YEARS AFTER PUBLICATION IN 
THE Federal Register].
    Model Number: EOS-37PTH, EOS-89BTH.

    Dated at Rockville, Maryland, this 9th day of March 2017.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017-05897 Filed 3-23-17; 8:45 am]
 BILLING CODE 7590-01-P