[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Proposed Rules]
[Pages 23923-23925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08348]
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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. 85, No. 84 / Thursday, April 30, 2020 /
Proposed Rules
[[Page 23923]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0250]
RIN 3150-AK41
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate
of Compliance No. 1032, 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 regulations by revising the Holtec International HI-STORM
Flood/Wind Multipurpose Canister Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
4 to Certificate of Compliance No. 1032. Amendment No. 4 revises the
certificate of compliance to: Add multipurpose canister (MPC)-32ML for
storage and allow the fuel assembly class 16x16D as content for MPC-
32ML; add the fuel assembly class 16X16E as content for MPC-37; and
make changes to the final safety analysis report to separate the design
pressure for the short-term operation from the off-normal condition (to
provide clarity in Table 2.2.1), add cautionary notes to Sections 9.2.1
and 9.2.3, update a definition, and replace a test program.
DATES: Submit comments by June 1, 2020. 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 https://www.regulations.gov and search for Docket ID NRC-2019-0250. 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.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
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: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Vanessa Cox, Office of Nuclear Material Safety and
Safeguards; telephone: 301-415-8342; 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-2019-0250 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 https://www.regulations.gov and search for Docket ID NRC-2019-0250.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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.
B. Submitting Comments
Please include Docket ID NRC-2019-0250 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
https://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. You should also inform
those persons 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
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 July 14, 2020.
However, if the NRC receives any significant adverse comment by June 1,
2020, 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 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
[[Page 23924]]
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.
Responses are considered substantive 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;
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC; or
(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 a more detailed discussion of the proposed rule changes and
associated analyses, 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 ``[t]he 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
March 28, 2011 (76 FR 17019), that approved the Holtec International
HI-STORM Flood/Wind Multipurpose Canister Storage System design and
added it to the list of NRC-approved cask designs in Sec. 72.214 as
Certificate of Compliance 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.
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
indicated.
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Document ADAMS accession No.
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Holtec International HI-STORM Flood/Wind ML16190A158 (package).
Multipurpose Canister Storage System, Amendment
Request 1032-4 dated March 11, 2016.
Holtec International--Transmittal of Amendment 4 ML16265A519 (package).
Response to Request for Supplemental
Information date September 16, 2016.
Holtec International--HI-STORM Flood/Wind ML17032A414 (package).
Multipurpose Canister Storage System, Amendment
4 Supplemental Response to Request for
Supplemental Information dated January 31, 2017.
Holtec International--HI-STORM Flood/Wind ML18117A471 (package).
Multipurpose Canister Storage System, Amendment
4 Response to Request for Additional
Information dated April 27, 2018.
Supplement to HI-STORM Flood/Wind Multipurpose ML18208A636 (package).
Canister Storage System, Amendment 4 Requests
for Additional Information Responses dated July
27, 2018.
Holtec International--HI-STORM Flood/Wind ML19109A181.
Multipurpose Canister Storage System, Amendment
4 Response to Second Request for Additional
Information dated April 12, 2019.
Supplement to HI-STORM Flood/Wind Multipurpose ML19162A102 (package).
Canister Storage System, Amendment 4 Second
Round Request for Additional Information
Response dated June 11, 2019.
Holtec International HI-STORM Flood/Wind ML19186A209 (package).
Multipurpose Canister Storage System, Amendment
4 Second Supplement to 2nd Round Requests for
Additional Information dated July 5, 2019.
Memorandum to J. Cai re: User Need for ML19158A272.
Rulemaking for the Holtec International HI-
STORM Flood/Wind Multipurpose Canister Storage
System, Amendment No. 4 dated December 20, 2019.
Proposed Certificate of Compliance 1032 ML19158A273.
Amendment No. 4 [Memorandum to J. Cai re: User
Need for Rulemaking for the Holtec
International HI-STORM Flood/Wind Multipurpose
Canister Storage System, Amendment No. 4].
Proposed Certificate of Compliance 1032 ML19158A274.
Amendment No. 4 Appendix A [Memorandum to J.
Cai re: User Need for Rulemaking for the Holtec
International HI-STORM Flood/Wind Multipurpose
Canister Storage System, Amendment No. 4].
Proposed Certificate of Compliance 1032 ML19158A275.
Amendment No. 4 Appendix B [Memorandum to J.
Cai re: User Need for Rulemaking for the Holtec
International HI-STORM Flood/Wind Multipurpose
Canister Storage System, Amendment No. 4].
Preliminary Certificate of Compliance 1032 ML19158A276.
Amendment No. 4 Safety Evaluation Report
[Memorandum to J. Cai re: User Need for
Rulemaking for the Holtec International HI-
STORM Flood/Wind Multipurpose Canister Storage
System, Amendment No. 4].
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The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2019-0250. The Federal
Rulemaking website allows you
[[Page 23925]]
to receive alerts when changes or additions occur in a docket folder.
To subscribe: (1) Navigate to the docket folder (NRC-2019-0250); (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).
Dated this 7th day of April, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-08348 Filed 4-29-20; 8:45 am]
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