[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.

-----------------------------------------------------------------------

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.

------------------------------------------------------------------------
                                        ADAMS Accession No./ weblink/
             Document                     Federal Register citation
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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]
 BILLING CODE 7590-01-P