[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]
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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.
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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.
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Document ADAMS accession number
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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*.
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* 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]
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