81_FR_13344 81 FR 13295 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment No. 10

81 FR 13295 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment No. 10

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range13295-13298
FR Document2016-05709

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Holtec International (Holtec or applicant) HI-STORM 100 Cask System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 10 to Certificate of Compliance (CoC) No. 1014. Amendment No. 10 adds new fuel classes to the contents approved for the loading of 16X16-pin fuel assemblies into a HI-STORM 100 Cask System; allows a minor increase in manganese in an alloy material for the system's overpack and transfer cask; clarifies the minimum water displacement required of a dummy fuel rod (i.e., a rod not filled with uranium pellets); and clarifies the design pressures needed for normal operation of forced helium drying systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC No. 1014 to provide clearer direction on the measurement of air velocity and modeling of heat distribution through the storage system.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Proposed Rules]
[Pages 13295-13298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05709]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0270]
RIN 3150-AJ71


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment 
No. 10

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 (Holtec or applicant) HI-STORM 100 Cask System listing 
within the ``List of approved spent fuel storage casks'' to include 
Amendment No. 10 to Certificate of Compliance (CoC) No. 1014. Amendment 
No. 10 adds new fuel classes to the contents approved for the loading 
of 16X16-pin fuel assemblies into a HI-STORM 100 Cask System; allows a 
minor increase in manganese in an alloy material for the system's 
overpack and transfer cask; clarifies the minimum water displacement 
required of a dummy fuel rod (i.e., a rod not

[[Page 13296]]

filled with uranium pellets); and clarifies the design pressures needed 
for normal operation of forced helium drying systems. Additionally, 
Amendment No. 10 revises Condition No. 9 of CoC No. 1014 to provide 
clearer direction on the measurement of air velocity and modeling of 
heat distribution through the storage system.

DATES: Submit comments by April 13, 2016. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
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 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0270. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual 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.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    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: Robert D. MacDougall, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-5175; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0270 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0270.
     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 ``ADAMS Public Documents'' and 
then 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 at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0270 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, 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. Procedural Background

    This proposed rule is limited to the changes contained in Amendment 
No. 10 to CoC No. 1014 and does not include other aspects of the Holtec 
HI-STORM 100 Cask System design. Because the NRC considers this action 
noncontroversial and routine, 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. Adequate protection of 
public health and safety continues to be ensured. The direct final rule 
will become effective on May 31, 2016. However, if the NRC receives 
significant adverse comments on this proposed rule by April 13, 2016, 
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 received in response to these proposed revisions 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 staff 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 staff.
    (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 staff to make a change (other than 
editorial) to the rule, CoC, or technical specifications.
    For additional procedural information and the regulatory analysis, 
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 (NWPA) of 1982, as 
amended, requires that ``the 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

[[Page 13297]]

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 NWPA states, in part, that ``[the 
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 which 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 HI-STORM 100 Cask 
System design and added it to the list of NRC-approved cask designs in 
10 CFR 72.214 as CoC 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 
that also follows other best practices appropriate to the subject or 
field and the intended audience. 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 31883). 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
                        Document                           accession No.
------------------------------------------------------------------------
Holtec International HI-STORM 100 Cask System--License       ML15007A435
 Amendment Request (1014-10)............................
Proposed CoC No. 1014, Amendment No. 10.................     ML15331A307
Appendix A for Proposed CoC No. 1014, Amendment No. 10..     ML15331A310
Appendix B for Proposed CoC No. 1014, Amendment No. 10..     ML15331A311
Appendix A--100U for Proposed CoC No. 1014, Amendment        ML15331A312
 No. 10.................................................
Appendix B--100U for Proposed CoC No. 1014, Amendment        ML15331A313
 No. 10.................................................
Preliminary SER for Proposed CoC No. 1014, Amendment No.     ML15331A309
 10.....................................................
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2015-0270. The Federal 
Rulemaking Web site allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: 1) Navigate to the 
docket folder (NRC-2015-0270); 2) click the ``Sign up for Email 
Alerts'' link; and 3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, 
Hazardous waste, Indians, Intergovernmental relations, Manpower 
training programs, Nuclear energy, Nuclear materials, Occupational 
safety and health, Penalties, Radiation protection, Reporting and 
recordkeeping requirements, Security measures, Spent fuel, 
Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553; the NRC is proposing to adopt the 
following amendments to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.

0
2. In Sec.  72.214, Certificate of Compliance 1014 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    Initial Certificate Effective Date: May 31, 2000.
    Amendment Number 1 Effective Date: July 15, 2002.
    Amendment Number 2 Effective Date: June 7, 2005.
    Amendment Number 3 Effective Date: May 29, 2007.
    Amendment Number 4 Effective Date: January 8, 2008.
    Amendment Number 5 Effective Date: July 14, 2008.
    Amendment Number 6 Effective Date: August 17, 2009.
    Amendment Number 7 Effective Date: December 28, 2009.
    Amendment Number 8 Effective Date: May 2, 2012, as corrected on 
November 16, 2012 (ADAMS Accession No. ML12213A170).
    Amendment Number 9 Effective Date: March 11, 2014.
    Amendment Number 10 Effective Date: May 31, 2016.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System.
    Docket Number: 72-1014.
    Certificate Expiration Date: May 31, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 2nd day of March, 2016.


[[Page 13298]]


    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director of Operations.
[FR Doc. 2016-05709 Filed 3-11-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                              Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules                                                 13295

                                                    List of Subjects                                            (c) Program informational activities               activity designed to persuade an
                                                                                                             for low-income households. At their                   individual to apply for SNAP benefits.
                                                    7 CFR Part 251                                                                                                    (ii) Television, radio or billboard
                                                                                                             option, State agencies may carry out and
                                                      The Emergency Food Assistance                          claim associated costs for Program                    advertisements that are designed to
                                                    Program, Miscellaneous provisions.                       informational activities designed to                  promote SNAP benefits and enrollment,
                                                    7 CFR Part 271                                           inform low-income households about                    excepting the use of such
                                                                                                             the availability, eligibility requirements,           advertisements for programmatic
                                                      Supplemental Nutrition Assistance                      application procedures, and benefits of               activities undertaken with respect to
                                                    Program, Promotional activities.                         SNAP. Allowable informational                         benefits provided under § 280.1 of this
                                                    7 CFR Part 272                                           activities shall not include recruitment              Part.
                                                                                                             activities as described in § 277.4(b)(5).                (iii) Agreements with foreign
                                                      Supplemental Nutrition Assistance
                                                                                                             Program informational materials used in               governments that are designed to
                                                    Program, Program informational
                                                                                                             such activities shall be subject to                   promote SNAP benefits and enrollment.
                                                    activities.                                                                                                       (6) Any entity that receives funding
                                                                                                             § 272.4(b), which pertains to bilingual
                                                    7 CFR Part 277                                           requirements. Before FNS considers                    from the programs identified by this
                                                      Supplemental Nutrition Assistance                      costs for allowable informational                     section and § 251.4 is prohibited from
                                                    Program, Funding.                                        activities eligible for reimbursement at              compensating any person for
                                                                                                             the fifty percent rate under part 277 of              conducting outreach activities relating
                                                      Accordingly, 7 CFR parts 251, 271,
                                                                                                             this chapter, State agencies shall obtain             to participation in, or for recruiting
                                                    272 and 277 are proposed to be
                                                                                                             FNS approval for the attachment to their              individuals to apply to receive benefits
                                                    amended as follows:
                                                                                                             Plans of Operation as specified in                    under, the supplemental nutrition
                                                    PART 251—THE EMERGENCY FOOD                              § 272.2(d)(1)(ix). In such attachments,               assistance program, if the amount of the
                                                    ASSISTANCE PROGRAM                                       State agencies shall describe the subject             compensation would be based on the
                                                                                                             activities with respect to the socio-                 number of individuals who apply to
                                                    ■ 1. The authority citation for 7 CFR                    economic and demographic                              receive the benefits.
                                                    part 251 continues to read as follows:                   characteristics of the target population,               Dated: March 3, 2016.
                                                        Authority: 7 U.S.C. 2011–2036.                       types of media used, geographic areas                 Kevin Concannon,
                                                    ■ 2. Revise § 251.10 (i). The revision                   warranting attention, and outside                     Under Secretary, Food, Nutrition, and
                                                    reads as follows:                                        organizations which would be involved.                Consumer Services.
                                                                                                             State agencies shall update this                      [FR Doc. 2016–05583 Filed 3–11–16; 8:45 am]
                                                    § 251.10    Miscellaneous provisions.                    attachment to their Plans of Operation                BILLING CODE 3410–30–P
                                                    *     *    *     *     *                                 when significant changes occur and
                                                      (i) Recruitment activities related to                  shall report projected costs for this
                                                    the Supplemental Nutrition Assistance                    Program activity in accordance with                   NUCLEAR REGULATORY
                                                    Program (SNAP). Any entity that                          § 272.2(c), (e), and (f).                             COMMISSION
                                                    receives donated foods identified in this
                                                    section must adhere to regulations set                   PART 277—PAYMENTS OF CERTAIN                          10 CFR Part 72
                                                    forth under § 277.4(b)(6) of this chapter.               ADMINISTRATIVE COSTS OF STATE
                                                                                                             AGENCIES                                              [NRC–2015–0270]
                                                    PART 271—GENERAL INFORMATION                                                                                   RIN 3150–AJ71
                                                    AND DEFINITIONS                                          ■ 1. The authority citation for 7 CFR
                                                                                                             part 277 continues to read as follows:
                                                    ■ 1. The authority citation for 7 CFR 271                                                                      List of Approved Spent Fuel Storage
                                                                                                                 Authority: 7 U.S.C. 2011–2036.                    Casks: Holtec International HI–STORM
                                                    continues to read as follows:
                                                                                                             ■ 2. In § 277.4:                                      100 Cask System; Certificate of
                                                        Authority: 7 U.S.C. 2011–2036.                                                                             Compliance No. 1014, Amendment No.
                                                                                                             ■ a. Remove the phrase ‘‘Food Stamp
                                                    ■   2. Add § 271.9 as follows:                           Program’’ and add in its place ‘‘SNAP’’.              10
                                                    § 271.9    Promotional activities                        ■ b. Amend paragraph (b) by removing                  AGENCY:  Nuclear Regulatory
                                                      (a) No funds authorized to be                          the last two sentences; and                           Commission.
                                                    appropriated under the Food and                          ■ c. Add paragraphs (b)(5) and (b)(6).                ACTION: Proposed rule.
                                                    Nutrition Act of 2008, as amended, shall                   The additions read as follows:
                                                    be used for recruitment or promotion                                                                           SUMMARY:   The U.S. Nuclear Regulatory
                                                                                                             § 277.4   Funding                                     Commission (NRC) is proposing to
                                                    activities as described in § 277.4(b)(5).
                                                    No entity receiving funds under the                      *     *    *     *     *                              amend its spent fuel storage regulations
                                                    Food and Nutrition Act of 2008, as                         (b) * * *                                           by revising the Holtec International
                                                    amended, shall be permitted to perform                     (5) The Federal reimbursement rate                  (Holtec or applicant) HI–STORM 100
                                                    activities described in § 277.4(b)(6).                   shall include reimbursement for SNAP                  Cask System listing within the ‘‘List of
                                                                                                             informational activities, but shall not               approved spent fuel storage casks’’ to
                                                    PART 272—REQUIREMENTS FOR                                include the following:                                include Amendment No. 10 to
                                                    PARTICIPATING STATE AGENCIES                               (i) Recruitment activities designed to              Certificate of Compliance (CoC) No.
                                                                                                             persuade an individual to apply for                   1014. Amendment No. 10 adds new fuel
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    ■ 1. The authority citation for 7 CFR                    SNAP benefits through the use of                      classes to the contents approved for the
                                                    part 272 continues to read as follows:                   persuasive practices. Persuasive                      loading of 16X16-pin fuel assemblies
                                                        Authority: 7 U.S.C. 2011–2036.                       practices constitute coercing or                      into a HI–STORM 100 Cask System;
                                                    ■ 2. Revise § 272.5(c). The revision                     pressuring an individual to apply, or                 allows a minor increase in manganese in
                                                    reads as follows:                                        providing incentives to fill out an                   an alloy material for the system’s
                                                                                                             application for SNAP benefits.                        overpack and transfer cask; clarifies the
                                                    § 272.5    Program informational activities              Communicating factual information                     minimum water displacement required
                                                    *      *      *       *      *                           pertaining to SNAP is not a recruitment               of a dummy fuel rod (i.e., a rod not


                                               VerDate Sep<11>2014    16:03 Mar 11, 2016   Jkt 238001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\14MRP1.SGM   14MRP1


                                                    13296                   Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules

                                                    filled with uranium pellets); and                       the availability of information for this              the Rules and Regulations section of this
                                                    clarifies the design pressures needed for               action. You may obtain publicly-                      issue of the Federal Register. Adequate
                                                    normal operation of forced helium                       available information related to this                 protection of public health and safety
                                                    drying systems. Additionally,                           action by any of the following methods:               continues to be ensured. The direct final
                                                    Amendment No. 10 revises Condition                         • Federal Rulemaking Web site: Go to               rule will become effective on May 31,
                                                    No. 9 of CoC No. 1014 to provide clearer                http://www.regulations.gov and search                 2016. However, if the NRC receives
                                                    direction on the measurement of air                     for Docket ID NRC–2015–0270.                          significant adverse comments on this
                                                    velocity and modeling of heat                              • NRC’s Agencywide Documents                       proposed rule by April 13, 2016, then
                                                    distribution through the storage system.                Access and Management System                          the NRC will publish a document that
                                                    DATES: Submit comments by April 13,                     (ADAMS): You may obtain publicly-                     withdraws the direct final rule. If the
                                                    2016. Comments received after this date                 available documents online in the                     direct final rule is withdrawn, the NRC
                                                    will be considered if it is practical to do             ADAMS Public Documents collection at                  will address the comments received in
                                                    so, but the Commission is able to ensure                http://www.nrc.gov/reading-rm/                        response to these proposed revisions in
                                                    consideration only for comments                         adams.html. To begin the search, select               a subsequent final rule. Absent
                                                    received on or before this date.                        ‘‘ADAMS Public Documents’’ and then                   significant modifications to the
                                                                                                            select ‘‘Begin Web-based ADAMS                        proposed revisions requiring
                                                    ADDRESSES: You may submit comments
                                                                                                            Search.’’ For problems with ADAMS,                    republication, the NRC will not initiate
                                                    by any of the following methods (unless                 please contact the NRC’s Public
                                                    this document describes a different                                                                           a second comment period on this action
                                                                                                            Document Room (PDR) reference staff at                in the event the direct final rule is
                                                    method for submitting comments on a                     1–800–397–4209, 301–415–4737, or by
                                                    specific subject):                                                                                            withdrawn.
                                                                                                            email to pdr.resource@nrc.gov. For the                   A significant adverse comment is a
                                                       • Federal Rulemaking Web site: Go to                 convenience of the reader, instructions               comment where the commenter
                                                    http://www.regulations.gov and search                   about obtaining materials referenced in               explains why the rule would be
                                                    for Docket ID NRC–2015–0270. Address                    this document are provided in the                     inappropriate, including challenges to
                                                    questions about NRC dockets to Carol                    ‘‘Availability of Documents’’ section.                the rule’s underlying premise or
                                                    Gallagher; telephone: 301–415–3463;                        • NRC’s PDR: You may examine and                   approach, or would be ineffective or
                                                    email: Carol.Gallagher@nrc.gov. For                     purchase copies of public documents at                unacceptable without a change. A
                                                    technical questions contact the                         the NRC’s PDR, Room O1–F21, One                       comment is adverse and significant if:
                                                    individual listed in the FOR FURTHER                    White Flint North, 11555 Rockville                       (1) The comment opposes the rule and
                                                    INFORMATION CONTACT section of this                     Pike, Rockville, Maryland 20852.                      provides a reason sufficient to require a
                                                    document.                                                                                                     substantive response in a notice-and-
                                                       • Email comments to:                                 B. Submitting Comments
                                                                                                                                                                  comment process. For example, a
                                                    Rulemaking.Comments@nrc.gov. If you                       Please include Docket ID NRC–2015–                  substantive response is required when:
                                                    do not receive an automatic email reply                 0270 in your comment submission.                         (a) The comment causes the NRC staff
                                                    confirming receipt, then contact us at                    The NRC cautions you not to include                 to reevaluate (or reconsider) its position
                                                    301–415–1677.                                           identifying or contact information that               or conduct additional analysis;
                                                       • Fax comments to: Secretary, U.S.                   you do not want to be publicly                           (b) The comment raises an issue
                                                    Nuclear Regulatory Commission at 301–                   disclosed in your comment submission.                 serious enough to warrant a substantive
                                                    415–1101.                                               The NRC will post all comment                         response to clarify or complete the
                                                       • Mail comments to: Secretary, U.S.                  submissions at http://                                record; or (c) The comment raises a
                                                    Nuclear Regulatory Commission,                          www.regulations.gov as well as enter the              relevant issue that was not previously
                                                    Washington, DC 20555–0001, ATTN:                        comment submissions into ADAMS.                       addressed or considered by the NRC
                                                    Rulemakings and Adjudications Staff.                    The NRC does not routinely edit                       staff.
                                                       • Hand deliver comments to: 11555                    comment submissions to remove                            (2) The comment proposes a change
                                                    Rockville Pike, Rockville, Maryland                     identifying or contact information.                   or an addition to the rule, and it is
                                                    20852, between 7:30 a.m. and 4:15 p.m.                    If you are requesting or aggregating                apparent that the rule would be
                                                    (Eastern Time) Federal workdays;                        comments from other persons for                       ineffective or unacceptable without
                                                    telephone: 301–415–1677.                                submission to the NRC, then you should                incorporation of the change or addition.
                                                       For additional direction on obtaining                inform those persons not to include                      (3) The comment causes the NRC staff
                                                    information and submitting comments,                    identifying or contact information that               to make a change (other than editorial)
                                                    see ‘‘Obtaining Information and                         they do not want to be publicly                       to the rule, CoC, or technical
                                                    Submitting Comments’’ in the                            disclosed in their comment submission.                specifications.
                                                    SUPPLEMENTARY INFORMATION section of                    Your request should state that the NRC                   For additional procedural information
                                                    this document.                                          does not routinely edit comment                       and the regulatory analysis, see the
                                                    FOR FURTHER INFORMATION CONTACT:                        submissions to remove such information                direct final rule published in the Rules
                                                    Robert D. MacDougall, Office of Nuclear                 before making the comment                             and Regulations section of this issue of
                                                    Material Safety and Safeguards, U.S.                    submissions available to the public or                the Federal Register.
                                                    Nuclear Regulatory Commission,                          entering the comment into ADAMS.
                                                                                                                                                                  III. Background
                                                    Washington, DC 20555–0001; telephone:                   II. Procedural Background
                                                    301–415–5175; email:                                                                                             Section 218(a) of the Nuclear Waste
                                                                                                               This proposed rule is limited to the               Policy Act (NWPA) of 1982, as
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                                                    Robert.MacDougall@nrc.gov.
                                                                                                            changes contained in Amendment No.                    amended, requires that ‘‘the Secretary
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            10 to CoC No. 1014 and does not                       [of the Department of Energy] shall
                                                    I. Obtaining Information and                            include other aspects of the Holtec HI–               establish a demonstration program, in
                                                    Submitting Comments                                     STORM 100 Cask System design.                         cooperation with the private sector, for
                                                                                                            Because the NRC considers this action                 the dry storage of spent nuclear fuel at
                                                    A. Obtaining Information                                noncontroversial and routine, the NRC                 civilian nuclear power reactor sites,
                                                      Please refer to Docket ID NRC–2015–                   is publishing this proposed rule                      with the objective of establishing one or
                                                    0270 when contacting the NRC about                      concurrently with a direct final rule in              more technologies that the [Nuclear


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                                                                                 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules                                                                          13297

                                                    Regulatory] Commission may, by rule,                              the Code of Federal Regulations (10                               write documents in a clear, concise,
                                                    approve for use at the sites of civilian                          CFR) entitled, ‘‘General License for                              well-organized manner that also follows
                                                    nuclear power reactors without, to the                            Storage of Spent Fuel at Power Reactor                            other best practices appropriate to the
                                                    maximum extent practicable, the need                              Sites’’ (55 FR 29181; July 18, 1990). This                        subject or field and the intended
                                                    for additional site-specific approvals by                         rule also established a new subpart L in                          audience. The NRC has written this
                                                    the Commission.’’ Section 133 of the                              10 CFR part 72 entitled, ‘‘Approval of                            document to be consistent with the
                                                    NWPA states, in part, that ‘‘[the                                 Spent Fuel Storage Casks,’’ which                                 Plain Writing Act as well as the
                                                    Commission] shall, by rule, establish                             contains procedures and criteria for                              Presidential Memorandum, ‘‘Plain
                                                    procedures for the licensing of any                               obtaining NRC approval of spent fuel                              Language in Government Writing,’’
                                                    technology approved by the                                        storage cask designs. The NRC
                                                                                                                                                                                        published June 10, 1998 (63 FR 31883).
                                                    Commission under Section 219(a) [sic:                             subsequently issued a final rule on May
                                                                                                                                                                                        The NRC requests comment on the
                                                    218(a)] for use at the site of any civilian                       1, 2000 (65 FR 25241) that approved the
                                                                                                                                                                                        proposed rule with respect to clarity
                                                    nuclear power reactor.’’                                          Holtec HI–STORM 100 Cask System
                                                                                                                      design and added it to the list of NRC-                           and effectiveness of the language used.
                                                      To implement this mandate, the                                  approved cask designs in 10 CFR 72.214                            V. Availability of Documents
                                                    Commission approved dry storage of                                as CoC No. 1014.
                                                    spent nuclear fuel in NRC-approved                                                                                                    The documents identified in the
                                                    casks under a general license by                                  IV. Plain Writing                                                 following table are available to
                                                    publishing a final rule which added a                               The Plain Writing Act of 2010 (Pub.                             interested persons as indicated.
                                                    new subpart K in part 72 of title 10 of                           L. 111–274) requires Federal agencies to

                                                                                                                                                                                                                                     ADAMS
                                                                                                                                   Document                                                                                         accession
                                                                                                                                                                                                                                       No.

                                                    Holtec International HI–STORM 100 Cask System—License Amendment Request (1014–10) .......................................................                                      ML15007A435
                                                    Proposed CoC No. 1014, Amendment No. 10 ....................................................................................................................................   ML15331A307
                                                    Appendix A for Proposed CoC No. 1014, Amendment No. 10 ..........................................................................................................              ML15331A310
                                                    Appendix B for Proposed CoC No. 1014, Amendment No. 10 ..........................................................................................................              ML15331A311
                                                    Appendix A—100U for Proposed CoC No. 1014, Amendment No. 10 ..............................................................................................                     ML15331A312
                                                    Appendix B—100U for Proposed CoC No. 1014, Amendment No. 10 ..............................................................................................                     ML15331A313
                                                    Preliminary SER for Proposed CoC No. 1014, Amendment No. 10 ..................................................................................................                 ML15331A309



                                                       The NRC may post materials related                             PART 72—LICENSING                                                   Amendment Number 2 Effective Date:
                                                    to this document, including public                                REQUIREMENTS FOR THE                                              June 7, 2005.
                                                    comments, on the Federal Rulemaking                               INDEPENDENT STORAGE OF SPENT                                        Amendment Number 3 Effective Date:
                                                    Web site at http://www.regulations.gov                            NUCLEAR FUEL, HIGH-LEVEL                                          May 29, 2007.
                                                    under Docket ID NRC–2015–0270. The                                RADIOACTIVE WASTE, AND                                              Amendment Number 4 Effective Date:
                                                    Federal Rulemaking Web site allows                                REACTOR-RELATED GREATER THAN                                      January 8, 2008.
                                                    you to receive alerts when changes or                             CLASS C WASTE
                                                    additions occur in a docket folder. To                                                                                                Amendment Number 5 Effective Date:
                                                    subscribe: 1) Navigate to the docket                              ■ 1. The authority citation for part 72                           July 14, 2008.
                                                    folder (NRC–2015–0270); 2) click the                              continues to read as follows:                                       Amendment Number 6 Effective Date:
                                                    ‘‘Sign up for Email Alerts’’ link; and 3)                           Authority: Atomic Energy Act of 1954,                           August 17, 2009.
                                                    enter your email address and select how                           secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,                     Amendment Number 7 Effective Date:
                                                    frequently you would like to receive                              183, 184, 186, 187, 189, 223, 234, 274 (42                        December 28, 2009.
                                                    emails (daily, weekly, or monthly).                               U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
                                                                                                                      2099, 2111, 2201, 2210e, 2232, 2233, 2234,                          Amendment Number 8 Effective Date:
                                                    List of Subjects in 10 CFR Part 72                                2236, 2237, 2238, 2273, 2282, 2021); Energy                       May 2, 2012, as corrected on November
                                                                                                                      Reorganization Act of 1974, secs. 201, 202,                       16, 2012 (ADAMS Accession No.
                                                       Administrative practice and                                    206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);                      ML12213A170).
                                                    procedure, Criminal penalties,                                    National Environmental Policy Act of 1969
                                                    Hazardous waste, Indians,                                                                                                             Amendment Number 9 Effective Date:
                                                                                                                      (42 U.S.C. 4332); Nuclear Waste Policy Act
                                                    Intergovernmental relations, Manpower                             of 1982, secs. 117(a), 132, 133, 134, 135, 137,                   March 11, 2014.
                                                    training programs, Nuclear energy,                                141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),                       Amendment Number 10 Effective
                                                    Nuclear materials, Occupational safety                            10152, 10153, 10154, 10155, 10157, 10161,                         Date: May 31, 2016.
                                                    and health, Penalties, Radiation                                  10165(g), 10168, 10198(a)); 44 U.S.C. 3504                          SAR Submitted by: Holtec
                                                                                                                      note.
                                                    protection, Reporting and recordkeeping                                                                                             International.
                                                    requirements, Security measures, Spent                            ■ 2. In § 72.214, Certificate of                                    SAR Title: Final Safety Analysis
                                                    fuel, Whistleblowing.                                             Compliance 1014 is revised to read as                             Report for the HI–STORM 100 Cask
                                                                                                                      follows:                                                          System.
                                                      For the reasons set out in the
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                                                    preamble and under the authority of the                           § 72.214 List of approved spent fuel                                Docket Number: 72–1014.
                                                    Atomic Energy Act of 1954, as amended;                            storage casks.                                                      Certificate Expiration Date: May 31,
                                                    the Energy Reorganization Act of 1974,                            *     *     *     *     *                                         2020.
                                                    as amended; the Nuclear Waste Policy                                Certificate Number: 1014.
                                                    Act of 1982, as amended; and 5 U.S.C.                                                                                                 Model Number: HI–STORM 100.
                                                                                                                        Initial Certificate Effective Date: May
                                                    552 and 553; the NRC is proposing to                              31, 2000.                                                         *     *     *    *     *
                                                    adopt the following amendments to 10                                Amendment Number 1 Effective Date:                                Dated at Rockville, Maryland, this 2nd day
                                                    CFR part 72:                                                      July 15, 2002.                                                    of March, 2016.



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                                                    13298                    Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules

                                                      For the Nuclear Regulatory Commission.                p.m., Monday through Friday, except                   Discussion
                                                    Victor M. McCree,                                       Federal holidays.                                       Transport Canada Civil Aviation
                                                    Executive Director of Operations.                         For service information identified in               (TCCA), which is the aviation authority
                                                    [FR Doc. 2016–05709 Filed 3–11–16; 8:45 am]             this proposed AD, contact Bombardier,                 for Canada, has issued Canadian
                                                    BILLING CODE 7590–01–P                                  Inc., Q-Series Technical Help Desk, 123               Airworthiness Directive CF–2015–13,
                                                                                                            Garratt Boulevard, Toronto, Ontario                   dated June 25, 2015 (referred to after
                                                                                                            M3K 1Y5, Canada; telephone 416–375–                   this as the Mandatory Continuing
                                                    DEPARTMENT OF TRANSPORTATION                            4000; fax 416–375–4539; email                         Airworthiness Information, or ‘‘the
                                                                                                            thd.qseries@aero.bombardier.com;                      MCAI’’), to correct an unsafe condition
                                                    Federal Aviation Administration                         Internet http://www.bombardier.com.                   for certain Bombardier, Inc. Model
                                                                                                            You may view this referenced service                  DHC–8–400 airplanes. The MCAI states:
                                                    14 CFR Part 39                                          information at the FAA, Transport                        There has been one in-service report of a
                                                                                                            Airplane Directorate, 1601 Lind Avenue                cracked and corroded barrel nut, part number
                                                    [Docket No. FAA–2016–4224; Directorate
                                                    Identifier 2015–NM–170–AD]
                                                                                                            SW., Renton, WA. For information on                   (P/N) DSC228–12, found at the mid-spar
                                                                                                            the availability of this material at the              location of the horizontal stabilizer to vertical
                                                    RIN 2120–AA64                                           FAA, call 425–227–1221.                               stabilizer attachment joint. There have also
                                                                                                                                                                  been two other reports of corroded barrel
                                                    Airworthiness Directives; Bombardier,                   Examining the AD Docket                               nuts found at mid-spar locations.
                                                    Inc. Airplanes                                                                                                   Preliminary investigation determined that
                                                                                                               You may examine the AD docket on                   the cracking is initiated by corrosion. The
                                                    AGENCY: Federal Aviation                                the Internet at http://                               corrosion may have been caused by
                                                    Administration (FAA), DOT.                              www.regulations.gov by searching for                  inadequate cadmium plating on the barrel
                                                    ACTION: Notice of proposed rulemaking                   and locating Docket No. FAA–2016–                     nut. Failure of the barrel nuts could
                                                    (NPRM).                                                 4224; or in person at the Docket                      compromise the structural integrity of the
                                                                                                            Management Facility between 9 a.m.                    joint and could lead to loss of control of the
                                                    SUMMARY:   We propose to adopt a new                    and 5 p.m., Monday through Friday,                    aeroplane.
                                                    airworthiness directive (AD) for certain                except Federal holidays. The AD docket                   This [Canadian] AD mandates initial and
                                                                                                                                                                  repetitive inspections of the barrel nuts [and
                                                    Bombardier, Inc. Model DHC–8–400                        contains this proposed AD, the                        cradles for cracks and corrosion] at each
                                                    airplanes. This proposed AD was                         regulatory evaluation, any comments                   horizontal stabilizer to vertical stabilizer
                                                    prompted by one in-service report of a                  received, and other information. The                  attachment joints.
                                                    cracked and corroded barrel nut found                   street address for the Docket Operations
                                                    at the mid-spar location of the                         office (telephone 800–647–5527) is in                   Required actions include a bolt
                                                    horizontal stabilizer to vertical stabilizer            the ADDRESSES section. Comments will                  preload check of any PLI washers and
                                                    attachment joint. There have also been                  be available in the AD docket shortly                 applicable corrective actions (retorque
                                                    two other reports of corroded barrel nuts               after receipt.                                        of the bolts and replacement of the
                                                    found at mid-spar locations. This                                                                             barrel nut), a detailed inspection of
                                                                                                            FOR FURTHER INFORMATION CONTACT:    Aziz              cracked or broken barrel nuts for
                                                    proposed AD would require repetitive
                                                                                                            Ahmed, Aerospace Engineer, Airframe                   damaged bores of the fittings,
                                                    detailed inspections of each barrel nut
                                                                                                            and Mechanical Systems Branch, ANE–                   replacement of barrel nuts, and repair of
                                                    and cradle, a check of the bolt torque of
                                                                                                            171, FAA, New York Aircraft                           damage and corrosion.
                                                    any preload indicating washer (PLI),
                                                                                                            Certification Office (ACO), 1600 Stewart                You may examine the MCAI in the
                                                    and corrective action if necessary. We
                                                                                                            Avenue, Suite 410, Westbury, N Y                      AD docket on the Internet at http://
                                                    are proposing this AD to detect and
                                                                                                            11590; telephone 516–228–7329; fax                    www.regulations.gov by searching for
                                                    correct cracked and corroded barrel
                                                                                                            516–794–5531.                                         and locating Docket No. FAA–2016–
                                                    nuts. This condition could compromise
                                                    the structural integrity of the vertical                SUPPLEMENTARY INFORMATION:                            4224.
                                                    stabilizer attachment joints, which                                                                           Related Service Information Under 1
                                                    could lead to loss of control of the                    Comments Invited
                                                                                                                                                                  CFR Part 51
                                                    airplane.                                                 We invite you to send any written                      Bombardier, Inc. has issued Alert
                                                    DATES:  We must receive comments on                     relevant data, views, or arguments about              Service Bulletin A84–55–04, Revision
                                                    this proposed AD by April 28, 2016.                     this proposed AD. Send your comments                  A, dated June 2, 2015. The service
                                                    ADDRESSES: You may send comments,                       to an address listed under the                        information describes procedures for a
                                                    using the procedures found in 14 CFR                    ADDRESSES section. Include ‘‘Docket No.               detailed inspection of the barrel nuts
                                                    11.43 and 11.45, by any of the following                FAA–2016–4224; Directorate Identifier                 and cradles for cracks and corrosion, a
                                                    methods:                                                2015–NM–170–AD’’ at the beginning of                  bolt preload check of any PLI washers
                                                      • Federal eRulemaking Portal: Go to                   your comments. We specifically invite                 and applicable corrective actions, a
                                                    http://www.regulations.gov. Follow the                  comments on the overall regulatory,                   detailed inspection for corrosion and
                                                    instructions for submitting comments.                   economic, environmental, and energy                   damage of the bores of the fittings,
                                                      • Fax: 202–493–2251.                                  aspects of this proposed AD. We will                  replacement of the barrel nuts, and
                                                      • Mail: U.S. Department of                            consider all comments received by the                 repair of damage and corrosion.
                                                    Transportation, Docket Operations, M–                   closing date and may amend this                          Bombardier has issued Bombardier
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                                                    30, West Building Ground Floor, Room                    proposed AD based on those comments.                  Repair Drawing (RD) 8/4–55–1143, Issue
                                                    W12–140, 1200 New Jersey Avenue SE.,                      We will post all comments we                        1, dated May 21, 2015. The service
                                                    Washington, DC 20590.                                   receive, without change, to http://                   information describes procedures for
                                                      • Hand Delivery: U.S. Department of                   www.regulations.gov, including any                    repairing corrosion and damage of the
                                                    Transportation, Docket Operations, M–                   personal information you provide. We                  bore of the fitting.
                                                    30, West Building Ground Floor, Room                    will also post a report summarizing each                 This service information is reasonably
                                                    W12–140, 1200 New Jersey Avenue SE.,                    substantive verbal contact we receive                 available because the interested parties
                                                    Washington, DC, between 9 a.m. and 5                    about this proposed AD.                               have access to it through their normal


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Document Created: 2016-03-12 01:00:26
Document Modified: 2016-03-12 01:00:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments by April 13, 2016. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
ContactRobert D. MacDougall, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5175; email: [email protected]
FR Citation81 FR 13295 
RIN Number3150-AJ71
CFR AssociatedAdministrative Practice and Procedure; Criminal Penalties; Hazardous Waste; Indians; Intergovernmental Relations; Manpower Training Programs; Nuclear Energy; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing

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