List of Approved Spent Fuel Storage Casks: TN Americas LLC; NUHOMS® EOS Dry Spent Fuel Storage System; Certificate of Compliance No. 1042, Amendment No. 3, 27418-27420 [2023-09010]
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
3. Revise § 1260.315 to read as
follows:
NUCLEAR REGULATORY
COMMISSION
§ 1260.315
10 CFR Part 72
ddrumheller on DSK120RN23PROD with PROPOSALS1
■
Qualified State Beef Councils.
The following State beef promotion
entities have been certified by the Board
as Qualified State Beef Councils:
(a) Alabama Cattleman’s Association.
(b) Arizona Beef Council.
(c) Arkansas Beef Council.
(d) California Beef Council.
(e) Colorado Beef Council Authority.
(f) Delaware Beef Advisory Board.
(g) Florida Beef Council, Inc.
(h) Georgia Beef Board, Inc.
(i) Hawaii Beef Industry Council.
(j) Idaho Beef Council.
(k) Illinois Beef Association, Inc.
(l) Indiana Beef Council, Inc.
(m) Iowa Beef Cattle Producers
Association/dba/Iowa Beef Industry
Council.
(n) Kansas Beef Council.
(o) Kentucky Cattleman’s Association,
Inc.
(p) Louisiana Beef Industry Council.
(q) Michigan Beef Industry Commission.
(r) Minnesota Beef Council.
(s) Mississippi Beef Council.
(t) Missouri Beef Industry Council, Inc.
(u) Montana Beef Council.
(v) Nebraska Beef Council.
(w) Nevada Beef Council.
(x) New Jersey Beef Industry Council.
(y) New Mexico Beef Council.
(z) New York Beef Industry Council.
(aa) North Carolina Cattlemen’s Beef
Council.
(bb) North Dakota Beef Commission.
(cc) Ohio Beef Council.
(dd) Oklahoma Beef Council.
(ee) Oregon Beef Council.
(ff) Pennsylvania Beef Council.
(gg) South Carolina Beef Council.
(hh) South Dakota Beef Industry
Council.
(ii) Tennessee Beef Industry Council.
(jj) Texas Beef Council.
(kk) Utah Beef Council.
(ll) Vermont Beef Industry Council.
(mm) Virginia Beef Industry Council.
(nn) Washington State Beef
Commission.
(oo) West Virginia Beef Council, Inc.
(pp) Wisconsin Beef Council, Inc.
(qq) Wyoming Beef Council.
Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–08956 Filed 5–1–23; 8:45 am]
BILLING CODE P
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and Caylee Kenny, telephone: 301–415–
7150, email: Caylee.Kenny@nrc.gov.
Both are staff of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
[NRC–2023–0050]
RIN 3150–AK93
Table of Contents
List of Approved Spent Fuel Storage
Casks: TN Americas LLC; NUHOMS®
EOS Dry Spent Fuel Storage System;
Certificate of Compliance No. 1042,
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 TN Americas LLC,
NUHOMS® EOS Dry Spent Fuel Storage
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 3 to Certificate
of Compliance No. 1042. Amendment
No. 3 revises the certificate of
compliance to add three new heat load
zone configurations, add a variable-lead
thickness transfer cask, add ATRIUM 11
fuel as an allowable content, update the
criticality evaluation, allow ultrasonic
testing of the outer top cover plate weld,
reduce the time limit for transfer of two
heat load zone configurations,
incorporate a method to determine new
loading patterns, waive a fabrication
pressure test requirement, and make
conforming changes for consistency and
terminology clarification. Amendment
No. 3 also includes additional changes
associated with consideration of severe
weather, maintaining water in the
annulus, and design changes to the
Matrix Loading Crane.
DATES: Submit comments by June 1,
2023. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: Submit your comments,
identified by Docket ID NRC–2023–
0050, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
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:
Christian Jacobs, telephone: 301–415–
6825, email: Christian.Jacobs@nrc.gov
SUMMARY:
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents
A. Obtaining Information
Please refer to Docket ID NRC–2023–
0050 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2023–0050. Address
questions about NRC dockets to Dawn
Forder, telephone: 301–415–3407,
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• 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
‘‘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,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
(ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2023–
0050 in your comment submission. The
NRC requests that you submit comments
through the Federal rulemaking website
E:\FR\FM\02MYP1.SGM
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
at https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
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. Rulemaking Procedure
Because the NRC considers this action
to be non-controversial, 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. The direct
final rule will become effective on July
17, 2023. However, if the NRC receives
any significant adverse comment by
June 1, 2023, 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 in a subsequent final rule. In
general, 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 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.
(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 to
make a change (other than editorial) to
the rule.
For a more detailed discussion of the
proposed rule changes and associated
analyses, 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 of 1982, as amended, states
that ‘‘[t]he 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
27419
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
Nuclear Waste Policy Act states, in part,
that ‘‘[t]he 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 that 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 March 24, 2017 (82 FR
14987), that approved the TN Americas
LLC, NUHOMS® EOS Dry Spent Fuel
Storage System design and added it to
the list of NRC-approved cask designs in
§ 72.214 as Certificate of Compliance
No. 1042.
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. 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 31885).
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./
web link/Federal Register
citation
Document
ddrumheller on DSK120RN23PROD with PROPOSALS1
Proposed Certificate of Compliance and Proposed Technical Specifications
Proposed Certificate of Compliance No.1042 (Amendment No. 3) ...............................................................................
Proposed Certificate of Compliance No. 1042 Appendix A: NUHOMS® EOS System Generic Technical Specifications Amendment 3.
Preliminary Safety Evaluation Report for the NUHOMS® EOS System: Certificate of Compliance No. 1042 Amendment No. 3.
ML23027A214.
ML23027A216.
ML23027A217.
TN Americas, LLC, NUHOMS EOS Amendment 3 Application Documents
TN Americas LLC Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 0
(March 31, 2021).
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Proposed Rules
ADAMS Accession No./
web link/Federal Register
citation
Document
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
1—Response to Request for Supplemental Information (June 23, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
2—Revised Response to OBS 4–6 (August 4, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
3—Revised Response to OBS 4–5 and Revised UFSAR Pages (September 3, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
3a—Amendment Scope Change (October 22, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
4—Response to Request for Additional Information (November 30, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
5—Response to Request for Additional Information (New Scope) and Revised Responses to Request for Additional Information (February 25, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
6—Revised Responses to Request for Additional Information (June 7, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
7—Clarification Regarding Annulus Temperatures During Vacuum Drying Operations (June 29, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
8—ASME NOG–1 Compliance and the Matrix Loading Crane (September 30, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
9—Clarifications Regarding Annulus Water, MX–LC Alignment, and Seismic Damping Values (October 31, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
10—Additional Information regarding ASME NOG–1 Compliance and the Matrix Loading Crane (November 14,
2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS Certificate of Compliance No. 1042, Revision
11—Response to Request for Additional Information (New Scope Addition #3—ASME NOG–1 Exceptions) and
Clarifications Regarding Annulus Water (December 21, 2022).
ML21174A231.
ML21209A098.
ML21246A136.
ML21295A260.
ML21334A206.
ML22056A458.
ML22158A293.
ML22180A266.
ML22273A031.
ML22304A217.
ML22318A205.
ML22355A219.
Other Documents
Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites: Final Rule, dated July 18, 1990 ..
List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System,
Certificate of Compliance No. 1042: Direct Final Rule, dated March 24, 2017.
The NRC may post materials related
to this document, including public
comments, on the Federal rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2023–0050. In
addition, the Federal rulemaking
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2023–0050); (2) click the ‘‘Subscribe’’
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
DEPARTMENT OF THE TREASURY
Dated: April 17, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
AGENCY:
[FR Doc. 2023–09010 Filed 5–1–23; 8:45 am]
SUMMARY:
ddrumheller on DSK120RN23PROD with PROPOSALS1
BILLING CODE 7590–01–P
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Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2023–0002; Notice No.
221A; Re: Notice No. 221]
RIN 1513–AC78
Proposed Establishment of the Crystal
Springs of Napa Valley Viticultural
Area; Comment Period Extension
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking;
extension of comment period.
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) is extending,
for an additional 60 days, the comment
period for a notice of proposed
rulemaking it published as Notice No.
221, entitled, ‘‘Proposed Establishment
of the Crystal Springs of Napa Valley
Viticultural Area.’’ TTB is taking this
action in response to a request to extend
the comment period from a wine
industry trade association.
DATES: The comment period for the
notice of proposed rulemaking,
published at 88 FR 13072, on March 2,
PO 00000
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55 FR 29181.
82 FR 14987.
2023, is extended. Comments on Notice
No. 221 are now due to TTB on or
before June 30, 2023.
ADDRESSES: You may electronically
submit comments to TTB on Notice No.
221, and view copies of Notice No. 221,
its supporting materials, this comment
extension notice, and any comments
TTB receives on Notice No. 221 within
Docket No. TTB–2023–0002 as posted
on the Regulations.gov website (https://
www.regulations.gov), the Federal erulemaking portal. Please see the
‘‘Public Participation’’ section of this
document below for full details on how
to comment on Notice No. 221 via
Regulations.gov or U.S. mail, and for
full details on how to obtain copies of
Notice No. 221, its supporting materials,
this document, and any comments
related to this proposal.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION: On March,
2, 2023, the Alcohol and Tobacco Tax
and Trade Bureau (TTB) published a
notice of proposed rulemaking in the
Federal Register entitled, ‘‘Proposed
E:\FR\FM\02MYP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Proposed Rules]
[Pages 27418-27420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09010]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2023-0050]
RIN 3150-AK93
List of Approved Spent Fuel Storage Casks: TN Americas LLC;
NUHOMS[supreg] EOS Dry Spent Fuel Storage System; Certificate of
Compliance No. 1042, 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 TN Americas
LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within
the ``List of approved spent fuel storage casks'' to include Amendment
No. 3 to Certificate of Compliance No. 1042. Amendment No. 3 revises
the certificate of compliance to add three new heat load zone
configurations, add a variable-lead thickness transfer cask, add ATRIUM
11 fuel as an allowable content, update the criticality evaluation,
allow ultrasonic testing of the outer top cover plate weld, reduce the
time limit for transfer of two heat load zone configurations,
incorporate a method to determine new loading patterns, waive a
fabrication pressure test requirement, and make conforming changes for
consistency and terminology clarification. Amendment No. 3 also
includes additional changes associated with consideration of severe
weather, maintaining water in the annulus, and design changes to the
Matrix Loading Crane.
DATES: Submit comments by June 1, 2023. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2023-0050,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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: Christian Jacobs, telephone: 301-415-
6825, email: [email protected] and Caylee Kenny, telephone: 301-
415-7150, email: [email protected]. Both are staff of the U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2023-0050 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0050. Address
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407,
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
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 ``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 [email protected]. 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, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
B. Submitting Comments
Please include Docket ID NRC-2023-0050 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website
[[Page 27419]]
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, 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. The direct final rule will become effective on July 17, 2023.
However, if the NRC receives any significant adverse comment by June 1,
2023, 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 in a subsequent final rule. In general, 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 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.
(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 to make a change (other than
editorial) to the rule.
For a more detailed discussion of the proposed rule changes and
associated analyses, 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 of 1982, as amended,
states that ``[t]he 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 Nuclear
Waste Policy Act states, in part, that ``[t]he 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 that 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
March 24, 2017 (82 FR 14987), that approved the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System design and added it to
the list of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance No. 1042.
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.
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 31885). 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./ web link/Federal
Document Register citation
------------------------------------------------------------------------
Proposed Certificate of Compliance and Proposed Technical Specifications
------------------------------------------------------------------------
Proposed Certificate of ML23027A214.
Compliance No.1042 (Amendment
No. 3).
Proposed Certificate of ML23027A216.
Compliance No. 1042 Appendix A:
NUHOMS[supreg] EOS System
Generic Technical Specifications
Amendment 3.
Preliminary Safety Evaluation ML23027A217.
Report for the NUHOMS[supreg]
EOS System: Certificate of
Compliance No. 1042 Amendment
No. 3.
------------------------------------------------------------------------
TN Americas, LLC, NUHOMS EOS Amendment 3 Application Documents
------------------------------------------------------------------------
TN Americas LLC Application for ML21102A281 (package).
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 0 (March 31,
2021).
[[Page 27420]]
TN Americas LLC, Application for ML21174A231.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 1--Response to
Request for Supplemental
Information (June 23, 2021).
TN Americas LLC, Application for ML21209A098.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 2--Revised
Response to OBS 4-6 (August 4,
2021).
TN Americas LLC, Application for ML21246A136.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 3--Revised
Response to OBS 4-5 and Revised
UFSAR Pages (September 3, 2021).
TN Americas LLC, Application for ML21295A260.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 3a--Amendment
Scope Change (October 22, 2021).
TN Americas LLC, Application for ML21334A206.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 4--Response to
Request for Additional
Information (November 30, 2021).
TN Americas LLC, Application for ML22056A458.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 5--Response to
Request for Additional
Information (New Scope) and
Revised Responses to Request for
Additional Information (February
25, 2022).
TN Americas LLC, Application for ML22158A293.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 6--Revised
Responses to Request for
Additional Information (June 7,
2022).
TN Americas LLC, Application for ML22180A266.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 7--Clarification
Regarding Annulus Temperatures
During Vacuum Drying Operations
(June 29, 2022).
TN Americas LLC, Application for ML22273A031.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 8--ASME NOG-1
Compliance and the Matrix
Loading Crane (September 30,
2022).
TN Americas LLC, Application for ML22304A217.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 9--Clarifications
Regarding Annulus Water, MX-LC
Alignment, and Seismic Damping
Values (October 31, 2022).
TN Americas LLC, Application for ML22318A205.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 10--Additional
Information regarding ASME NOG-1
Compliance and the Matrix
Loading Crane (November 14,
2022).
TN Americas LLC, Application for ML22355A219.
Amendment 3 to NUHOMS EOS
Certificate of Compliance No.
1042, Revision 11--Response to
Request for Additional
Information (New Scope Addition
#3--ASME NOG-1 Exceptions) and
Clarifications Regarding Annulus
Water (December 21, 2022).
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
Storage of Spent Fuel In NRC- 55 FR 29181.
Approved Storage Casks at Power
Reactor Sites: Final Rule, dated
July 18, 1990.
List of Approved Spent Fuel 82 FR 14987.
Storage Casks: TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent
Fuel Storage System, Certificate
of Compliance No. 1042: Direct
Final Rule, dated March 24, 2017.
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2023-0050. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2023-0050); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
Dated: April 17, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-09010 Filed 5-1-23; 8:45 am]
BILLING CODE 7590-01-P
