[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Proposed Rules]
[Pages 66644-66646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27950]
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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. 83, No. 247 / Thursday, December 27, 2018 /
Proposed Rules
[[Page 66644]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0265]
RIN 3150-AK20
List of Approved Spent Fuel Storage Casks: TN Americas LLC
Standardized Advanced NUHOMS[supreg] System, Certificate of Compliance
No. 1029, Amendment No. 4
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 TN Americas
LLC Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage
System (NUHOMS[supreg] System) listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 4 to Certificate of
Compliance No. 1029. Amendment No. 4 revises the certificate of
compliance's technical specifications to: Clarify the applicability of
unloading procedures and training modules relative to spent fuel pool
availability; credit the use of the installed temperature monitoring
system specified in lieu of performing daily visual vent inspections;
establish dose rates on the front inlet bird screen and the door of the
concrete storage module for the Advanced Horizontal Storage Module;
modify the criteria for performing Advanced Horizontal Storage Module
air vent visual inspections; identify the blocked vent time limitations
for each of the 24PT1 and 24PT4 dry shielded canisters; and provide a
new temperature rise value for the Advanced Horizontal Storage Module
with a loaded 24PT4 dry shielded canister.
DATES: Submit comments by January 28, 2019. 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: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0265. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individuals 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: William Allen, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6877; email:
[email protected] or Edward M. Lohr, Office of Nuclear Material
Safety and Safeguards; telephone: 301-415-0253; 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-2018-0265 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 http://www.regulations.gov and search for Docket ID NRC-2018-0265.
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 ``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-2018-0265 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.
[[Page 66645]]
II. Rulemaking Procedure
This proposed rule is limited to the changes contained in Amendment
No. 4 to Certificate of Compliance No. 1029 and does not include other
aspects of the TN Americas LLC Standardized Advanced NUHOMS[supreg]
System design. 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 March 12, 2019. However, if the NRC receives significant
adverse comments on this proposed rule by January 28, 2019, 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 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 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 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 Nuclear
Waste Policy Act 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
January 6, 2003 (68 FR 463), that approved the TN Americas LLC
Standardized Advanced NUHOMS[supreg] System design and added it to the
list of NRC-approved cask designs provided in Sec. 72.214 as
Certificate of Compliance No. 1029.
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 31883). The NRC
requests comment on the proposed rule with respect to the 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
indicated.
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ADAMS Accession No./ weblink/
Document Federal Register citation
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TN Americas LLC Request to Add ML17326A125 (package).
Amendment No. 4 to Certificate of
Compliance No. 1029, letter dated
November 15, 2017.
Revision to TN Americas LLC ML18065A362.
Request to Add Amendment No. 4 to
Certificate of Compliance No.
1029, letter dated February 22,
2018.
Revision to TN Americas LLC ML18138A289.
Request to Add Amendment No. 4 to
Certificate of Compliance No.
1029, letter dated May 16, 2018.
Revision to TN Americas LLC ML18179A174.
Request to Add Amendment No. 4 to
Certificate of Compliance No.
1029, letter dated June 26, 2018.
Revision to TN Americas LLC ML18201A202.
Request to Add Amendment No. 4 to
Certificate of Compliance No.
1029, letter dated July 18, 2018.
TN Americas LLC Amendment No. 4 ML18263A046.
Certificate of Compliance No.
1029.
Technical Specifications for TN ML18263A045.
Americas LLC Amendment No. 4 to
Certificate of Compliance No.
1029.
Preliminary Safety Evaluation ML18263A047.
Report for TN Americas LLC
Amendment No. 4 to Certificate of
Compliance No. 1029.
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The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0265. The Federal
Rulemaking website allows you
[[Page 66646]]
to receive alerts when changes or additions occur in a docket folder.
To subscribe: (1) Navigate to the docket folder (NRC-2018-0265); (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, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, 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:
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 1029 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1029.
Initial Certificate Effective Date: February 5, 2003.
Amendment Number 1 Effective Date: May 16, 2005.
Amendment Number 2 Effective Date: Amendment not issued by the NRC.
Amendment Number 3 Effective Date: February 23, 2015.
Amendment Number 4 Effective Date: March 12, 2019.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72-1029.
Certificate Expiration Date: February 5, 2023.
Model Number: Standardized Advanced NUHOMS[supreg]-24PT1, -24PT4,
and -32PTH2.
* * * * *
Dated at Rockville, Maryland, this 19th day of December, 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-27950 Filed 12-26-18; 8:45 am]
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