[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Proposed Rules]
[Pages 16310-16312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06329]
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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. 86, No. 58 / Monday, March 29, 2021 /
Proposed Rules
[[Page 16310]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2020-0257]
RIN 3150-AK53
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 15
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 Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 15 to
Certificate of Compliance No. 1014. Amendment No. 15 amends the
certificate of compliance to add a new overpack and a new transfer
cask, revise allowed content for storage, and make other changes to the
storage system.
DATES: Submit comments by April 28, 2021. 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-2020-0257. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
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-2020-0257 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-2020-0257.
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.
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents, is currently closed. You
may submit your request to the PDR via email at [email protected] or
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2020-0257 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, 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
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 June 14, 2021.
However, if the NRC receives any significant adverse comment by April
28, 2021, 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
[[Page 16311]]
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 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 ``[t]he 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 that 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
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 Cask System and added it to the list of NRC-approved cask
designs in Sec. 72.214, ``List of approved spent fuel storage casks,''
as Certificate of Compliance No. 1014.
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 31885). 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 No.
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Submission of Holtec International HI-STORM 100 Cask System ML19092A192 (package).
Certificate of Compliance No. 1014, Amendment 15 request,
dated March 20, 2019.
Submission of Response to the U.S. Nuclear Regulatory ML19277G818 (package).
Commission Request for Supplemental Information for
Amendment 15 to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask System, dated
September 16, 2019.
Submission of Response to the U.S. Nuclear Regulatory ML20128J292 (package).
Commission for Request for Additional Information for
Amendment 15 to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask System, dated April
28, 2020.
Submission of Response to the U.S. Nuclear Regulatory ML20136A475 (package).
Commission for Requests for Additional Information 3-1 and
3-6 for Amendment 15 to Certificate of Compliance No. 1014
for Holtec International HI-STORM 100 Cask System, dated
May 15, 2020.
Submission of Response to the U.S. Nuclear Regulatory ML20164A294 (package).
Commission for Request for Additional Information 8-1 for
Amendment 15 to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask System, dated June
12, 2020.
Submission of Response to the U.S. Nuclear Regulatory ML20174A397 (package).
Commission for Request for Additional Information 4-9 for
Amendment 15 to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask System, dated June
22, 2020.
Submission of Response to the U.S. Nuclear Regulatory ML20213C679 (package).
Commission for Requests for Additional Information 6-1, 6-
2, 6-7, 6-8 and 11-1 for Amendment 15 to Certificate of
Compliance No. 1014 for Holtec International HI-STORM 100
Cask System, dated July 30, 2020.
Submission of Response to the U.S. Nuclear Regulatory ML20229A001 (package).
Commission for Request for Additional Information for
Amendment 15 to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask System, dated
August 14, 2020.
Submission of Supplement to Holtec International's Request ML20245E462 (package).
for Amendment 15 to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask System, dated
September 1, 2020.
Submission of Supplement to Holtec International's Request ML20269A425 (package).
for Amendment 15 to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask System, dated
September 25, 2020.
User Need Memorandum for Rulemaking for the Holtec ML20295A413.
International HI-STORM 100 Cask System, Amendment No. 15
to Certificate of Compliance No. 1014, dated January 27,
2021.
Proposed CoC 1014 Amendment No. 15 CoC..................... ML20295A415.
Proposed CoC 1014 Amendment No. 15 Appendix A.............. ML20295A416.
Proposed CoC 1014 Amendment No. 15 Appendix B.............. ML20295A417.
Proposed CoC 1014 Amendment No. 15 Appendix C.............. ML20295A418.
Proposed CoC 1014 Amendment No. 15 Appendix D.............. ML20295A419.
Proposed CoC 1014 Amendment No. 15 Appendix A-100U......... ML20295A420.
[[Page 16312]]
Proposed CoC 1014 Amendment No. 15 Appendix B-100U......... ML20295A421.
Preliminary CoC 1014 Amendment No. 15 Safety Evaluation ML20295A422.
Report.
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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-2020-0257.
Dated March 16, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-06329 Filed 3-26-21; 8:45 am]
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