[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Proposed Rules]
[Pages 51253-51255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16161]


 ========================================================================
 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. 88 , No. 148 / Thursday, August 3, 2023 / 
Proposed Rules  

[[Page 51253]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2023-0080]
RIN 3150-AK98


List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose 
Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal 
of Initial Certificate and Amendment Numbers 1 Through 8

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 NAC Multi-
Purpose Canister (NAC-MPC) System listing within the ``List of approved 
spent fuel storage casks'' to renew, for 40 years, the initial 
certificate and Amendment Nos. 1 through 8 of Certificate of Compliance 
No. 1025. The renewal of the initial certificate and Amendment Nos. 1 
through 8 would revise the certificate of compliance's conditions and 
technical specifications to address aging management activities related 
to the structures, systems, and components important to safety of the 
dry storage system to ensure that these will maintain their intended 
functions during the period of extended storage operations.

DATES: Submit comments by September 5, 2023. 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: Submit your comments, identified by Docket ID NRC-2023-0080, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individuals listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    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: Chris Markley, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6293, email: 
[email protected] and Andrew Carrera, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-1078, 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-2023-0080 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-2023-0080. 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.
     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.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday, 
except Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2023-0080 in your comment submission. 
The NRC requests that you submit comments through the Federal 
rulemaking website at https://www.regulations.gov. If your material 
cannot be submitted using https://www.regulations.gov, call or email 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document for alternate instructions.
    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. 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 October 17, 
2023. However, if the NRC receives any significant adverse comment by 
September 5, 2023, then the NRC will publish a document that

[[Page 51254]]

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 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 
April 10, 2000 (64 FR 12444), that approved the NAC Multi-Purpose 
Canister (NAC-MPC) System design and added it to the list of NRC-
approved cask designs in Sec.  72.214 as Certificate of Compliance No. 
1025. On August 28, 2007 (72 FR 49561), the NRC amended the scope of 
the general licenses issued under Sec.  72.210 to include the storage 
of spent fuel in an independent spent fuel storage installation at 
power reactor sites to persons authorized to possess or operate nuclear 
power reactors under 10 CFR part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants.'' On February 16, 2011 (76 FR 
8872), the NRC amended subparts K and L in 10 CFR part 72, to extend 
and clarify the term limits for certificates of compliance and revised 
the conditions for spent fuel storage casks renewals, including adding 
requirements for the safety analysis report to include time-limited 
aging analyses and a description of aging management programs. The NRC 
also clarified the terminology used in the regulations to use 
``renewal'' rather than ``reapproval'' to better reflect that extending 
the term of a currently approved cask design is based on the cask 
design standards in effect at the time the certificate of compliance 
was approved rather than current standards.

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./ Federal Register citation
----------------------------------------------------------------------------------------------------------------
   Preliminary Certificates of Compliance and Preliminary Conditions for Cask Use and Technical Specifications
----------------------------------------------------------------------------------------------------------------
Preliminary Renewed Initial Certificate of Compliance No.    ML22297A272.
 1025.
Preliminary Conditions for Cask Use and Technical            ML22297A281.
 Specifications, Renewed Initial Certificate.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A273.
 Renewed Amendment No. 1.
Preliminary Conditions for Cask Use and Technical            ML22297A282.
 Specifications, Renewed Amendment No. 1.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A274.
 Renewed Amendment No. 2.
Preliminary Conditions for Cask Use and Technical            ML22297A283.
 Specifications, Renewed Amendment No. 2.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A275.
 Renewed Amendment No. 3.
Preliminary Conditions for Cask Use and Technical            ML22297A284.
 Specifications, Renewed Amendment No. 3.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A276.
 Renewed Amendment No. 4.
Preliminary Conditions for Cask Use and Technical            ML22297A285.
 Specifications, Renewed Amendment No. 4.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A277.
 Renewed Amendment No. 5.
Preliminary Conditions for Cask Use and Technical            ML22297A286.
 Specifications, Renewed Amendment No. 5.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A278.
 Renewed Amendment No. 6.
Preliminary Conditions for Cask Use and Technical            ML22297A287.
 Specifications, Renewed Amendment No. 6.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A279.
 Renewed Amendment No. 7.
Preliminary Conditions for Cask Use and Technical            ML22297A288.
 Specifications, Renewed Amendment No. 7.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A280.
 Renewed Amendment No. 8.

[[Page 51255]]

 
Preliminary Conditions for Cask Use and Technical            ML22297A289.
 Specifications, Renewed Amendment No. 8.
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                                      Preliminary Safety Evaluation Report
----------------------------------------------------------------------------------------------------------------
Preliminary Final Safety Evaluation Report for Renewal of    ML22297A270.
 Initial Certificate and Amendments Nos. 1 through 8, of
 CoC No. 1025 for the NAC Multi-Purpose Canister.
----------------------------------------------------------------------------------------------------------------
                                             Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled,         ML051230231.
 ``Storage of Spent Nuclear Fuel in NRC-Approved Storage
 Casks at Nuclear Power Reactor Sites.'' (1989).
``Environmental Assessment and Finding of No Significant     ML100710441.
 Impact for the Final Rule Amending 10 CFR Part 72 License
 and Certificate of Compliance Terms'' (2010).
Generic Environmental Impact Statement for Continued         ML14198A440 (package).
 Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
 Volumes 1 and 2) (2014).
``Storage of Spent Fuel In NRC-Approved Storage Casks at     55 FR 29181.
 Power Reactor Sites'' Final Rule (July 18, 1990).
----------------------------------------------------------------------------------------------------------------
 NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal Application Documents
----------------------------------------------------------------------------------------------------------------
Preliminary Renewal Package for the NAC-MPC System, CoC      ML22297A269 (Package).
 1025.
NAC International--Submission of a Request to Renew the      ML19357A178 (package).
 U.S. Nuclear Regulatory Commission Certificate of
 Compliance No. 1025 for the NAC-MPC Cask System.
NAC International, Inc.--Responses to the Nuclear            ML21231A154 (package).
 Regulatory Commission's (NRC) Request for Additional
 Information for the Request to Renew the NRC Certificate
 of Compliance No. 1025 for the NAC-MPC Cask System.
NAC, Submittal of Responses to the Nuclear Regulatory        ML22077A831 (package).
 Commission's (NRC) Request for Additional Information for
 the Request to Renew the NRC Certificate of Compliance No.
 1025 for the NAC-MPC Cask System.
Supplement to the Submission of Responses to the Nuclear     ML22203A127.
 Regulatory Commission's (NRC) Request for Additional
 Information for the Request to Renew the NRC Certificate
 of Compliance No. 1025 for the NAC-MPC Cask System.
User Need For Rulemaking For Certificate Of Compliance       ML22297A271.
 Renewal, Initial Issue (Amendment Number 0), Amendment
 Numbers 1 Through 8 To The NAC Multipurpose Canister
 System.
----------------------------------------------------------------------------------------------------------------
                                                 Other Documents
----------------------------------------------------------------------------------------------------------------
``Standard Review Plan for Renewal of Specific Licenses and  ML16179A148.
 Certificates of Compliance for Dry Storage of Spent
 Nuclear Fuel.'' NUREG-1927, Revision 1. Washington, DC.
 June 2016.
``Managing Aging Processes in Storage (MAPS) Report.''       ML19214A111.
 Final Report. NUREG-2214. Washington, DC. July 2019..
``Agreement State Program Policy Statement; Correction''     82 FR 48535.
 (October 18, 2017).
Regulatory Guide 3.76, Revision 0, ``Implementation of       ML21098A022.
 Aging Management Requirements for Spent Fuel Storage
 Renewals.'' July 2021.
----------------------------------------------------------------------------------------------------------------

    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-2023-0080.

    Dated: July 18, 2023.

    For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-16161 Filed 8-2-23; 8:45 am]
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