List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3, 29249-29251 [2017-13513]

Download as PDF Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules Second, the Task Force seeks suggestions from the public for specific regulatory actions previously taken by the Department that should be repealed, replaced, or modified, consistent with applicable law. In particular, the Task Force welcomes specific comments that identify regulatory actions that meet the criteria as proscribed in Executive Order 13777. The Department’s Regulatory Reform Task Force will consider public comments as it conducts its own evaluation of the Department’s regulations in order to identify candidate regulations for repeal, replacement, or modification. The Department notes that this Request for Comment is issued solely for information and planning purposes. The Department will give careful consideration to the comments, and may use them as appropriate during its review, but we do not anticipate providing a point-by-point response to each comment submitted. While responses to this Request for Comments do not bind the Department to any further actions related to the response, all submissions will be made publicly available on http://www.regulations.gov. Dated: June 21, 2017. Rachel L. Brand, Associate Attorney General, Chair, Regulatory Reform Task Force. [FR Doc. 2017–13551 Filed 6–27–17; 8:45 am] BILLING CODE 4410–BB–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2017–0089] RIN 3150–AK03 List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: I. Obtaining Information and Submitting Comments The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Holtec International (Holtec) HI–STORM Flood/Wind (FW) Multipurpose Canister (MPC) Storage System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1032. Amendment No. 3 revises authorized rmajette on DSK2TPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 14:38 Jun 27, 2017 contents to allow burnup credit for fuel types in the MPC–37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. DATES: Submit comments by July 28, 2017. 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: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2017–0089. 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: Vanessa Cox, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001; telephone: 301–415–8342; email: Vanessa.Cox@nrc.gov. SUPPLEMENTARY INFORMATION: Jkt 241001 A. Obtaining Information Please refer to Docket ID NRC–2017– 0089 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–2017–0089. • NRC’s Agencywide Documents Access and Management System PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 29249 (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. B. Submitting Comments Please include Docket ID NRC–2017– 0089 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 changes contained in Amendment No. 3 to CoC No. 1032 and does not include other aspects of the Holtec HI–STORM FW MPC Storage 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 September 11, 2017. However, if the NRC receives significant adverse comments on this proposed rule by July 28, 2017, then the NRC will publish a document that E:\FR\FM\28JNP1.SGM 28JNP1 29250 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules 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 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 dated March 28, 2011 (76 FR 17019), that approved the Holtec HI–STORM FW MPC Storage System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1032. 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 Accession No. Holtec CoC No. 1032, Amendment No. 3—Amendment Request Letter dated December 18, 2015 ............................................... Holtec CoC No. 1032, Amendment No. 3—Modified Request Letter dated April 22, 2016 .............................................................. Holtec CoC No. 1032, Amendment No. 3—Response to RAI Regarding HI–STORM FW Amendment 3 dated June 22, 2016 ..... Holtec CoC No. 1032, Amendment No. 3—Transmittal of Response to HI–STORM FW Amendment 3 Response to Second Request for Additional Information dated August 22, 2016. Proposed CoC No. 1032, Amendment No. 3 ..................................................................................................................................... Proposed CoC No. 1032, Amendment No.3—Appendix A ................................................................................................................ Proposed CoC No. 1032, Amendment No. 3—Technical Specifications, Appendix B ...................................................................... CoC No. 1032, Amendment No. 3—Preliminary Safety Evaluation Report ....................................................................................... rmajette on DSK2TPTVN1PROD with PROPOSALS Document ML15364A561 ML16113A398 ML16180A360 ML16236A243 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–2017–0089. 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–2017–0089); (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). VerDate Sep<11>2014 14:38 Jun 27, 2017 Jkt 241001 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. 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. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 ML16292A552 ML16292A580 ML16292A623 ML16292A650 E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE DEPARTMENT OF TRANSPORTATION 1. The authority citation for part 72 continues to read as follows: Special Conditions: Safran Aircraft Engines, Silvercrest-2 SC–2D; Rated Takeoff Thrust at High Ambient Temperature ■ 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. Federal Aviation Administration 14 CFR Part 33 [Docket No. FAA–2017–0586; Notice No. 33– 17–01–SC] Correction Proposed Rule document 2016–13305 appearing on pages 28788 through 28790 in the issue of Monday, June 26, 2017 was withdrawn from public inspection and published in error. It should be removed. [FR Doc. C1–2017–13305 Filed 6–27–17; 8:45 am] BILLING CODE 1505–01–D 2. In § 72.214, Certificate of Compliance 1032 is revised to read as follows: FEDERAL TRADE COMMISSION § 72.214 List of approved spent fuel storage casks. RIN 3084–AB28 ■ 16 CFR Part 303 rmajette on DSK2TPTVN1PROD with PROPOSALS * * * * * Certificate Number: 1032. Initial Certificate Effective Date: June 13, 2011, superseded by Amendment Number 0, Revision 1, on April 25, 2016. Amendment Number 0, Revision 1, Effective Date: April 25, 2016. Amendment Number 1 Effective Date: December 17, 2014, superseded by Amendment Number 1, Revision 1, on June 2, 2015. Amendment Number 1, Revision 1, Effective Date: June 2, 2015. Amendment Number 2, Effective Date: November 7, 2016. Amendment Number 3, Effective Date: September 11, 2017. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International HI– STORM FW System. Docket Number: 72–1032. Certificate Expiration Date: June 12, 2031. Model Number: HI–STORM FW MPC–37, MPC–89. * * * * * Dated at Rockville, Maryland, this 14th day of June 2017. For the Nuclear Regulatory Commission. Victor M. McCree, Executive Director for Operations. [FR Doc. 2017–13513 Filed 6–27–17; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 14:38 Jun 27, 2017 Jkt 241001 Rules and Regulations Under the Textile Fiber Products Identification Act Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Notice of proposed rulemaking. AGENCY: The Commission proposes amending the Textile Rules (‘‘Rules and Regulations under the Textile Fiber Products Identification Act’’) to delete the requirement that an owner of a registered word trademark furnish the FTC with a copy of the mark’s registration with the United States Patent and Trademark Office (‘‘USPTO’’) before using the mark on labels, and to no longer restrict the use of such trademarks to only those also employed as house marks. Eliminating these requirements is expected to reduce compliance costs while increasing firms’ flexibility. DATES: Written comments must be received on or before July 31, 2017. ADDRESSES: Interested parties may file a comment online or on paper by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write ‘‘Textile Rules, 16 CFR part 303, Project No. P948404’’ on your comment, and file your comment online at https://ftcpublic.commentworks.com/ ftc/textilerulesnprm by following the instructions on the web-based form. If you prefer to file your comment on paper, mail your comment to the SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 29251 following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex C), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex C), Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Robert M. Frisby, Attorney, (202) 326– 2098, Federal Trade Commission, Division of Enforcement, Bureau of Consumer Protection, 600 Pennsylvania Avenue NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: I. Introduction The Commission recently announced a new initiative to eliminate or change outdated, unnecessary regulations and processes.1 While the textile regulation at issue here does not impose large costs on business, the cumulative burden of unnecessary regulations can impose significant costs and undermine the efficiency with which government delivers services to the public. With these concerns in mind, the Commission now proposes eliminating the requirement in 16 CFR 303.19(a) that businesses furnish the Commission with registered word trademarks prior to using these marks to satisfy the Textile Rules. Eliminating this requirement is expected to reduce compliance costs while increasing firms’ flexibility. Specifically, the Textile Fiber Products Identification Act (‘‘Textile Act’’)2 and implementing rules (‘‘Textile Rules’’) require marketers to, among other things, attach a label to each covered textile product disclosing: (1) The generic names and percentages by weight of the constituent fibers in the product; (2) the name under which the manufacturer or other responsible company does business or, in lieu thereof, the company’s registered identification number (‘‘RN number’’); and (3) the name of the country where the product was processed or manufactured.3 Section 303.19 allows the owners of registered word trademarks who use these trademarks as house marks to disclose such trademarks on labels in lieu of their business names. However, before doing so, the company must file a copy of the trademark’s USPTO registration with the Commission. This requirement was imposed in 1959 presumably to obviate 1 https://www.ftc.gov/news-events/press-releases/ 2017/04/process-reform-initiatives-are-alreadyunderway-federal-trade.> 2 15 U.S.C. 70 et seq. 3 See 15 U.S.C. 70b(b). E:\FR\FM\28JNP1.SGM 28JNP1

Agencies

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Proposed Rules]
[Pages 29249-29251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13513]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2017-0089]
RIN 3150-AK03


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate 
of Compliance No. 1032, Amendment No. 3

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) HI-STORM Flood/Wind (FW) Multipurpose Canister 
(MPC) Storage System listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 3 to Certificate of Compliance 
(CoC) No. 1032. Amendment No. 3 revises authorized contents to allow 
burnup credit for fuel types in the MPC-37 and revises CoC Condition 8, 
which has been previously incorporated in Amendment No. 2 to CoC No. 
1032.

DATES: Submit comments by July 28, 2017. 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:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0089. 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: Vanessa Cox, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-8342; email: 
Vanessa.Cox@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0089 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-2017-0089.
     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-2017-0089 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 changes contained in Amendment 
No. 3 to CoC No. 1032 and does not include other aspects of the Holtec 
HI-STORM FW MPC Storage 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 September 11, 2017. However, 
if the NRC receives significant adverse comments on this proposed rule 
by July 28, 2017, then the NRC will publish a document that

[[Page 29250]]

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 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 
dated March 28, 2011 (76 FR 17019), that approved the Holtec HI-STORM 
FW MPC Storage System design and added it to the list of NRC-approved 
cask designs in 10 CFR 72.214 as CoC No. 1032.

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 CoC No. 1032, Amendment No. 3--          ML15364A561
 Amendment Request Letter dated December 18,
 2015.
Holtec CoC No. 1032, Amendment No. 3--Modified  ML16113A398
 Request Letter dated April 22, 2016.
Holtec CoC No. 1032, Amendment No. 3--Response  ML16180A360
 to RAI Regarding HI-STORM FW Amendment 3
 dated June 22, 2016.
Holtec CoC No. 1032, Amendment No. 3--          ML16236A243
 Transmittal of Response to HI-STORM FW
 Amendment 3 Response to Second Request for
 Additional Information dated August 22, 2016.
Proposed CoC No. 1032, Amendment No. 3........  ML16292A552
Proposed CoC No. 1032, Amendment No.3--         ML16292A580
 Appendix A.
Proposed CoC No. 1032, Amendment No. 3--        ML16292A623
 Technical Specifications, Appendix B.
CoC No. 1032, Amendment No. 3--Preliminary      ML16292A650
 Safety Evaluation Report.
------------------------------------------------------------------------

    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-2017-0089. 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-2017-0089); (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.

[[Page 29251]]

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 1032 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1032.
    Initial Certificate Effective Date: June 13, 2011, superseded by 
Amendment Number 0, Revision 1, on April 25, 2016.
    Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
    Amendment Number 1 Effective Date: December 17, 2014, superseded by 
Amendment Number 1, Revision 1, on June 2, 2015.
    Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
    Amendment Number 2, Effective Date: November 7, 2016.
    Amendment Number 3, Effective Date: September 11, 2017.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the Holtec 
International HI-STORM FW System.
    Docket Number: 72-1032.
    Certificate Expiration Date: June 12, 2031.
    Model Number: HI-STORM FW MPC-37, MPC-89.
* * * * *

    Dated at Rockville, Maryland, this 14th day of June 2017.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017-13513 Filed 6-27-17; 8:45 am]
 BILLING CODE 7590-01-P