[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Proposed Rules]
[Pages 57095-57097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15131]


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 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. 89, No. 134 / Friday, July 12, 2024 / 
Proposed Rules  

[[Page 57095]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2024-0096]
RIN 3150-AL17


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM FW System, Certificate of Compliance No. 1032, Amendment No. 7

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel regulations by revising the Holtec International 
HI-STORM Flood/Wind Multi-purpose Canister Storage System listing 
within the ``List of approved spent fuel storage casks'' to include 
Amendment No. 7 to Certificate of Compliance No. 1032. Amendment No. 7 
revises the certificate of compliance to add a new overpack, add new 
multi-purpose canisters MPC-44 and MPC-37P, and add new fuel type 
10x10J to approved content. Amendment No. 7 also incorporates other 
technical changes and several editorial changes.

DATES: Submit comments by August 12, 2024. 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-2024-0096 
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.
    You can read a plain language description of this proposed rule at 
https://www.regulations.gov/docket/NRC-2024-0096. 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: Caylee Kenny, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-7150, email: 
[email protected]; and Yen-Ju Chen, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-1018, 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-2024-0096 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-2024-0096. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: [email protected]. For technical questions contact the 
individual 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: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time, 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-2024-0096 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. 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 September 25, 
2024. However, if the NRC receives any significant adverse comment by 
August 12, 2024, 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. In general, 
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.

[[Page 57096]]

    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 
June 8, 2011 (76 FR 33121), that approved the Holtec International HI-
STORM Flood/Wind Multi-purpose 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, and 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.

----------------------------------------------------------------------------------------------------------------
                                                                ADAMS accession No./web link/Federal Register
                          Document                                                 citation
----------------------------------------------------------------------------------------------------------------
                    Proposed Certificate of Compliance and Proposed Technical Specifications
----------------------------------------------------------------------------------------------------------------
Certificate of Compliance No.1032, Amendment No. 7.........  ML23030B793.
Certificate of Compliance No. 1032, Amendment 7, Appendix    ML23030B794.
 A: Technical Specifications.
Certificate of Compliance No. 1032, Amendment 7, Appendix    ML23030B795.
 B: Approved Contents and Design Features.
Certificate of Compliance No. 1032, Amendment No. 7,         ML23030B796.
 Preliminary Safety Evaluation Report.
----------------------------------------------------------------------------------------------------------------
                                             Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled,         ML051230231.
 ``Storage of Spent Nuclear Fuel in NRC-Approved Storage
 Casks at Nuclear Power Reactor Sites,'' dated March 8,
 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,'' dated May 3, 2010.
Generic Environmental Impact Statement for Continued         ML14198A440 (package).
 Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
 Volumes 1 and 2), dated September 30, 2014.
``Storage of Spent Fuel In NRC-Approved Storage Casks at     55 FR 29181.
 Power Reactor Sites'' Final Rule, dated July 18, 1990.
----------------------------------------------------------------------------------------------------------------
                         Holtec International HI-STORM FW Amendment 7 Request Documents
----------------------------------------------------------------------------------------------------------------
Holtec International--HI-STORM FW Amendment 7 Request,       ML21126A266 (package).
 dated May 6, 2021.
Holtec International HI-STORM FW Amendment 7 Request.......  ML21126A267.
Attachment 1--HI-STORM FW Amendment 7 Summary of Proposed    ML21126A268.
 Changes.
Attachment 2--HI-STORM FW Amendment 7 Certificate of         ML21126A269.
 Compliance.
Attachment 3--HI-STORM FW Amendment 7 Certificate of         ML21126A270.
 Compliance, Appendix A.
Attachment 4--HI-STORM FW Amendment 7 Certificate of         ML21126A271.
 Compliance, Appendix B.
Attachment 6--HI-STORM FW FSAR Proposed Revision 9 Revised   ML21126A273.
 Pages (Non-Proprietary).
Attachment 29: Affidavit of Kimberly Manzione in Accordance  ML21126A297.
 with 10 CFR 2.390.
HOLTEC International HI-STORM FW Amendment 7 Responses to    ML21288A521 (package).
 Requests for Supplemental Information, dated October 15,
 2021.
Holtec International, HI-STORM FW Amendment 9 Request,       ML22048C221.
 dated February 17, 2022.
Holtec International, HI-STORM FW Amendment 7 Responses to   ML22192A215 (package).
 Requests for Additional Information Part 1, dated July 11,
 2022.

[[Page 57097]]

 
Holtec International, HI-STORM FW Amendment 7 Responses to   ML22194A954.
 Requests for Additional Information Part 1--Additional
 Supporting Documents, dated July 13, 2022.
HI-STORM FW Amendment 7 Responses to Requests for            ML22210A145 (package).
 Additional Information Part 2, dated July 29, 2022.
Holtec International, HI-STORM FW Amendment 7 RAI Responses  ML22258A250 (package).
 Part 1 Clarification Call Action Items, dated September
 15, 2022.
HI-STORM FW Amendment 7 Responses to Requests for            ML22276A281 (package).
 Additional Information Part 3, dated October 3, 2022.
HI-STORM FW Amendment 7 RAI 5-2 Response Clarification,      ML22336A132 (package).
 dated December 1, 2022.
Holtec International HI-STORM FW Amendment 7 Responses to    ML23006A263 (package).
 Requests for Additional Information Part 4, dated January
 6, 2023.
Holtec International--HI-STORM FW Amendment 7 Responses to   ML23128A302 (package).
 Requests for Additional Information Part 5, dated May 8,
 2023.
Holtec International HI-STORM FW Amendment 7 RAI Responses   ML23181A192 (package).
 Part 5 Clarification Call Action Items, dated June 30,
 2023.
Holtec International, HI-STORM FW Amendment 7 RAI Responses  ML23192A031 (package).
 Part 5 Clarification Corrected Attachments 4 and 5, dated
 July 11, 2023.
Holtec International, HI-STORM FW Amendment 7 RAI 3-10       ML23227A248 (package).
 Response Clarification Call Action Items, dated August 15,
 2023.
HI-STORM FW Amendment 7 RAI Response Clarifications (Part    ML23321A245 (package).
 3), dated November 17, 2023.
Holtec International, HI-STORM FW Amendment 7 RAI Response   ML24047A323 (package).
 Clarifications (Part 4), dated February 16, 2024.
HI-STORM FW Amendment 7 RAI Response Clarifications (Part    ML24100A027 (package).
 5), dated April 8, 2024.
----------------------------------------------------------------------------------------------------------------
                                                 Other Documents
----------------------------------------------------------------------------------------------------------------
User Need Memo for Rulemaking for the Holtec HI-STORM Flood/ ML23030B792.
 Wind Multi-Purpose Canister Storage System, CoC No. 1032,
 Amendment 7, dated May 17, 2024.
``Agreement State Program Policy Statement; Correction,''    82 FR 48535.
 dated October 18, 2017.
Plain Language in Government Writing, dated June 10, 1998..  63 FR 31885.
Storage of Spent Fuel In NRC-Approved Storage Casks at       55 FR 29181.
 Power Reactor Sites: Final Rule, dated July 18, 1990.
List of Approved Spent Fuel Storage Casks: HI-STORM Flood/   76 FR 33121.
 Wind Addition, dated June 8, 2011.
----------------------------------------------------------------------------------------------------------------

    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-2024-0096. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2024-0096); (2) click 
the ``Subscribe'' link; and (3) enter an email address and click on the 
``Subscribe'' link.

    Dated: June 26, 2024.

    For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-15131 Filed 7-11-24; 8:45 am]
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