[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Proposed Rules]
[Pages 59693-59695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23631]

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. 79, No. 192 / Friday, October 3, 2014 / 
Proposed Rules

[[Page 59693]]


10 CFR Part 72

RIN 3150-AJ40

List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM FLOOD/WIND System; Certificate of Compliance No. 1032, 
Amendment No. 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage regulations by revising the Holtec 
International HI-STORM FLOOD/WIND (FW) System listing within the ``List 
of approved spent fuel storage casks'' to include Amendment No. 1 to 
Certificate of Compliance (CoC) No. 1032. Amendment No. 1 adds a new 
heat load pattern for the multipurpose canister (MPC)-37, broadens the 
back pressure range for MPC-37 and MPC-89, and updates certain 
definitions related to fuel classification. Also, the amendment makes a 
correction to the expiration date of CoC No. 1032.

DATES: Submit comments by November 3, 2014. 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 one of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0102. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, please 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
     Email comments to: [email protected]. 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: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
6103, email: [email protected].


I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket IDNRC-2014-0102 when contacting the NRC 
about the availability of information for this proposed rule. You may 
obtain publicly-available information related to this proposed rule by 
any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0102.
     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 [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 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-2014-0102 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions 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, and the NRC does not routinely edit comment 
submissions to remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Procedural Background

    This proposed rule is limited to the changes contained in Amendment 
No. 1 to CoC No. 1032 and does not include other aspects of the Holtec 
International HI-STORM FW 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 December 17, 2014. However, 
if the NRC receives significant adverse comments on this proposed rule 
by November 3, 2014, then the NRC will publish a document that 
withdraws the direct final rule. If the direct final rule is withdrawn, 

[[Page 59694]]

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, the regulatory analysis, and 
the environmental assessment and finding of no significant impact, 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 on 
June 8, 2011 (76 FR 33121) that approved the Holtec International HI-
STORM FW 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 through one or more of the following methods, as 

                 Document                        ADAMS Accession No.
CoC No. 1032, Amendment No. 1.............  ML14118A466.
Technical Specifications, Appendix A......  ML14118A468.
Technical Specifications, Appendix B......  ML14118A467.
Safety Evaluation Report..................  ML14118A469.
Application...............................  ML11290A019.
Application Supplemental May 23, 2012.....  ML12158A558.
Application Supplemental January 24, 2013.  ML13028A103.
Application Supplemental April 18, 2013...  ML13120A505.
Application Supplemental July 23, 2013....  ML13217A050.

    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-2014-0102. 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-2014-0102); 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 

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, 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.


1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act 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, 2232, 2233, 
2234, 2236, 2237, 2273, 2282, 2021); Energy Reorganization Act secs. 
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National 
Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 
Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 
10152, 10153, 10155, 10157, 10161, 10168); sec. 1704 112 Stat. 2750 
(44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 
119 Stat. 549 (2005).
    Section 72.44(g) also issued under Nuclear Waste Policy Act 
secs. 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
    Section 72.46 also issued under Atomic Energy Act sec. 189 (42 
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
    Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 
145(g) (42 U.S.C. 10165(g)).
    Subpart J also issued under Nuclear Waste Policy Act secs. 
117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)).
    Subpart K also issued under sec. 218(a) (42 U.S.C. 10198).

[[Page 59695]]

2. In Sec.  72.214, Certificate of Compliance No. 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.
    Amendment Number 1 Effective Date: December 17, 2014.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the 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 18th day of September 2014.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2014-23631 Filed 10-2-14; 8:45 am]