[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
________________________________________________________________________
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.
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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.
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ADAMS accession No./web link/Federal Register
Document citation
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Proposed Certificate of Compliance and Proposed Technical Specifications
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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.
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Environmental Documents
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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.
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Holtec International HI-STORM FW Amendment 7 Request Documents
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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.
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Other Documents
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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.
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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-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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