[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]


 ========================================================================
 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. 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.

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

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.

----------------------------------------------------------------------------------------------------------------
                          Document                                           ADAMS accession No.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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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