[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Proposed Rules]
[Pages 8366-8369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31987]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / 
Proposed Rules  

[[Page 8366]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0200]
RIN 3150-AJ86


List of Approved Spent Fuel Storage Casks: AREVA Inc., 
Standardized NUHOMS[supreg] Cask System, Certificate of Compliance No. 
1004, Amendment No. 14, and Revision 1 of the Initial Certificate, 
Amendment Nos. 1 through 11, and Amendment No. 13

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 AREVA Inc. 
(AREVA), Standardized NUHOMS[supreg] Cask System listing within the 
``List of approved spent fuel storage casks'' to add Amendment No. 14, 
and Revision 1 to the Initial Certificate, Amendment Nos. 1 through 11, 
and Amendment No. 13 to Certificate of Compliance (CoC) No. 1004. 
Amendment No. 14 proposes to revise multiple items in the technical 
specifications (TSs) for dry shielded canister (DSC) models listed 
under CoC No. 1004; most of these revisions involve changes to the 
authorized contents. The revisions to the Initial Certificate, 
Amendment Nos. 1 through 11, and Amendment No. 13 will remove language 
in the TSs that requires a transfer cask containing a DSC to be 
returned to the spent fuel pool following a drop of over 15 inches.

DATES: Submit comments by February 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-2016-0200. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions 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: Edward Lohr, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-0253; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0200 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-2016-0200.
     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-2016-0200 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. 14 and the revisions to the Initial Certificate, Amendment Nos. 1 
through 11, and Amendment No. 13 to CoC No. 1004 and does not include 
other aspects of the AREVA Standardized NUHOMS[supreg] Cask System 
design. Because the NRC considers this action noncontroversial and 
routine, the NRC is publishing this proposed rule concurrently with a 
direct final rule in the Rules and Regulations section of this issue of 
the Federal Register. Adequate protection of public health and safety 
continues to be ensured. The direct final rule will become effective on 
April 25, 2017. The direct final rule has an effective date of 90 days 
from publication in lieu of the historical 75 days because it has two 
rulemaking actions that have to be coordinated after the public comment

[[Page 8367]]

period is closed and before the final rule takes effect. However, if 
the NRC receives significant adverse comments on this proposed rule by 
February 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 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 TSs.
    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 on 
December 22, 1994 (59 FR 65898), that approved the AREVA Standardized 
NUHOMS[supreg] Cask System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as CoC No. 1004.

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 number
------------------------------------------------------------------------
AREVA Application for Renewal of Standardized  ML14309A341 (Package).
 NUHOMS[supreg] Storage System, letter dated
 November 4, 2014.
AREVA Request to Add Amendment No. 14 to CoC   ML15114A056.
 No. 1004, letter dated April 16, 2015.
Summary of June 10, 2015, Public Meeting with  ML15176A344 (Package).
 AREVA to Discuss Amendment No. 14 to CoC No.
 1004.
NRC Request for Additional Information         ML15245A064.
 Related to AREVA Amendment No. 14 to CoC No.
 1004, letter dated August 31, 2015.
AREVA Response to NRC Request for Additional   ML15331A355 (Package).
 Information Related to Amendment No. 14 to
 CoC No. 1004, letter dated November 11, 2015.
NRC Request for Additional Information         ML16049A559.
 Related to AREVA Amendment No. 14 to CoC No.
 1004, letter dated February 17, 2016.
AREVA Response to NRC Request for Additional   ML16076A231.
 Information Related to Amendment No. 14 to
 CoC No. 1004, letter dated March 14, 2016.
AREVA Amendment No. 14 to CoC No. 1004.......  ML16246A173.
Technical Specifications for AREVA Amendment   ML16246A170.
 No. 14 to CoC No. 1004.
Final Safety Evaluation Report for CoC No.     ML14288A485.
 1030.
Preliminary Safety Evaluation Report for       ML16246A169.
 AREVA Amendment No. 14 to CoC No. 1004.
AREVA Requested Revisions of Amendment Nos. 0- ML15239A718 (Package).
 11, and Amendment No. 13 to CoC No. 1004,
 letter dated August 24, 2015*.
NRC Request for Additional Information         ML16019A301 (Package).
 Related to AREVA Revisions of Amendment Nos.
 0-11, and Amendment No. 13 to CoC No. 1004,
 letter dated January 19, 2016*.
AREVA Response to NRC Request for Additional   ML16054A214 (Package).
 Information Related to Revisions of
 Amendment Nos. 0-11, and Amendment No. 13 to
 CoC No. 1004, letter dated February 9, 2016*.
AREVA Revisions of Amendment Nos. 0-11, and    ML16183A005 (Package).
 Amendment No. 13 to CoC No. 1004 (including
 technical specifications)*.
Supporting Documentation Related to Backfit    ML16054A226 (Package).
 from General Licensees Associated with AREVA
 Request to Revise Amendment Nos. 0-11, and
 Amendment No. 13 to CoC No. 1004*.
Preliminary Safety Evaluation Report for       ML16183A022.
 AREVA Revisions of Amendment Nos. 0-11, and
 Amendment No. 13 to CoC No. 1004*.
------------------------------------------------------------------------
* 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.


[[Page 8368]]

    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-2016-0200. 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-2016-0200); (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 adopting the following 
amendments to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.

0
2. In Sec.  72.214, Certificate of Compliance 1004 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004. Initial Certificate Effective Date: 
January 23, 1995, superseded by Initial Certificate, Revision 1, on 
[DATE 90 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].
    Initial Certificate, Revision 1, Effective Date: [DATE 90 DAYS 
AFTER PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 1 Effective Date: April 27, 2000, superseded by 
Amendment Number 1, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 1, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Amendment Number 2, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 2, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 3 Effective Date: September 12, 2001, superseded 
by Amendment Number 3, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 3, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 4 Effective Date: February 12, 2002, superseded by 
Amendment Number 4, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 4, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 5 Effective Date: January 7, 2004, superseded by 
Amendment Number 5, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 5, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 6 Effective Date: December 22, 2003, superseded by 
Amendment Number 6, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 6, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 7 Effective Date: March 2, 2004, superseded by 
Amendment Number 7, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 7, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 8 Effective Date: December 5, 2005, superseded by 
Amendment Number 8, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 8, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 9 Effective Date: April 17, 2007, superseded by 
Amendment Number 9, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 9, Revision 1, Effective Date: [DATE 90 DAYS AFTER 
PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 10 Effective Date: August 24, 2009, superseded by 
Amendment Number 10, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 10, Revision 1, Effective Date: [DATE 90 DAYS 
AFTER PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 11 Effective Date: January 7, 2014, superseded by 
Amendment Number 11, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 11, Revision 1, Effective Date: [DATE 90 DAYS 
AFTER PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 12 Effective Date: Amendment not issued by the 
NRC.
    Amendment Number 13 Effective Date: May 24, 2014, superseded by 
Amendment Number 13, Revision 1 on [DATE 90 DAYS AFTER PUBLICATION IN 
THE FEDERAL REGISTER].
    Amendment Number 13, Revision 1, Effective Date: [DATE 90 DAYS 
AFTER PUBLICATION IN THE FEDERAL REGISTER].
    Amendment Number 14 Effective Date: [DATE 90 DAYS AFTER PUBLICATION 
IN THE FEDERAL REGISTER].
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015 (under timely renewal 
pursuant to 10 CFR 72.240(b)).
    Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *


[[Page 8369]]


    Dated at Rockville, Maryland, this 19th day of December, 2016.

For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2016-31987 Filed 1-24-17; 8:45 am]
 BILLING CODE 7590-01-P