[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Proposed Rules]
[Pages 8910-8912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02209]
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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. 90, No. 22 / Tuesday, February 4, 2025 /
Proposed Rules
[[Page 8910]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0182]
RIN 3150-AL22
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM UMAX Canister Storage System, Certificate of Compliance No.
1040, Revision 1 to Amendment Nos. 0 Through 2
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 UMAX Canister Storage System listing within the
``List of approved spent fuel storage casks'' to include Revision 1 to
Amendment Nos. 0 through 2 to Certificate of Compliance (CoC) No. 1040.
Revision 1 to Amendment Nos. 0 through 2 updates the CoC appendix A
technical specifications for radiation protection and the associated
bases information to clearly articulate the basis for the dose rate
limits for the closure lids, modify the dose rate limit values and the
description of the location of the dose rate measurements, and make
other editorial changes.
DATES: Submit comments by March 6, 2025. 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-2024-0182,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual 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-2024-0182. 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: George Tartal, Office of Nuclear
Materials Safety and Safeguards, telephone: 301-415-0016, email:
[email protected] and Kristina Banovac, Office of Nuclear Materials
Safety and Safeguards, telephone: 301-415-7116, 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-2024-0182 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-2024-0182. Address
questions about NRC dockets to Helen Chang, telephone: 301-415-3228,
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-2024-0182 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 April 21,
2025. However, if the NRC receives any significant adverse comment by
March 6, 2025, 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
[[Page 8911]]
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, CoC, or technical specifications.
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
March 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25,
2015), that approved the Holtec International HI-STORM UMAX Canister
Storage System design and added it to the list of NRC-approved cask
designs in Sec. 72.214 as CoC No. 1040.
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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Document ADAMS accession No.
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Proposed Certificate of Compliance and Technical Specifications
Documents
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User Need Memo for Revision to Amendment ML24179A273
Nos. 0, 1, and 2 of the Certificate of
Compliance No. 1040 for the HI-STORM
UMAX Canister Storage System.
Preliminary Safety Evaluation Report for ML24179A263
HI-STORM UMAX, CoC No. 1040, Revision
to Amendment Nos. 0, 1, and 2.
Proposed CoC No. 1040, Amendment No. 0, ML24179A266
Revision 1.
Proposed CoC No. 1040, Amendment No. 0, ML24179A264
Revision 1, Appendix A.
Proposed CoC No. 1040, Amendment No. 0, ML24179A265
Revision 1, Appendix B.
Proposed CoC No. 1040, Amendment No. 1, ML24179A269
Revision 1.
Proposed CoC No. 1040, Amendment No. 1, ML24179A267
Revision 1, Appendix A.
Proposed CoC No. 1040, Amendment No. 1, ML24179A268
Revision 1, Appendix B.
Proposed CoC No. 1040, Amendment No. 2, ML24179A272
Revision 1.
Proposed CoC No. 1040, Amendment No. 2, ML24179A270
Revision 1, Appendix A.
Proposed CoC No. 1040, Amendment No. 2, ML24179A271
Revision 1, Appendix B.
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Holtec International, Inc. HI-STORM UMAX Canister Storage System
Revision 1 to Amendment Nos. 0 through 2 Request Documents
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Letter, ``Holtec International-- ML23125A237
Submittal of Application for Revision
to HI-STORM UMAX CoC Amendments 0, 1,
and 2,'' dated May 5, 2023.
Letter, ``Holtec International, ML24031A659
Submittal of RSI Responses for Revision
to HI-STORM UMAX CoC Amendments 0, 1,
and 2,'' dated January 31, 2024.
Letter, ``Holtec International, ML24072A501
Submittal of RSI Supplemental
Information for Revision to HI-STORM
UMAX CoC Amendments 0, 1, and 2,''
dated March 4, 2024.
Letter, ``Supplement to Application for ML24178A111
Revision to Amendment Nos. 0, 1, and 2
of Certificate of Compliance No. 1040
for HI-STORM UMAX,'' dated June 26,
2024.
Ameren Missouri letter to Holtec, ML23125A246
``Attachment 8--General Licensee
Letters Regarding Revisions,'' dated
March 1, 2023.
Ameren Missouri letter to Holtec, ML24178A113
``Ameren Missouri's Intent to Adopt
Revision 1 to Amendment 0 of
Certificate of Compliance No. 1040 as
applicable to the ISFSI at the Callaway
Plant Site,'' dated June 6, 2024.
Email Re: Supplement to Application for ML24178A112
Revision to Amendment Nos. 0, 1, and 2
of CoC No. 1040 for HI-STORM UMAX,
dated June 26, 2024.
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[[Page 8912]]
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-2024-0182. 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-2024-0182); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
Dated: January 16, 2025.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025-02209 Filed 2-3-25; 8:45 am]
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