82 FR 14987 - List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 56 (March 24, 2017)
Federal Register Volume 82, Issue 56 (March 24, 2017)
| Page Range | 14987-14992 | |
| FR Document | 2017-05902 |
[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)] [Rules and Regulations] [Pages 14987-14992] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05902] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2016-0254] RIN 3150-AJ88 List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by adding the TN Americas LLC (TN Americas), NUHOMS[supreg] Extended Optimized Storage (EOS) Dry Spent Fuel Storage System, to the ``List of approved spent fuel storage casks'' as Certificate of Compliance (CoC) No. 1042. The NUHOMS[supreg] EOS System provides horizontal storage of high burnup spent pressurized water reactor (PWR) and boiling water reactor (BWR) fuel assemblies in dry shielded canisters (DSCs). DATES: The direct final rule is effective June 7, 2017, unless significant adverse comments are received by April 24, 2017. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. 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. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. ADDRESSES: You may submit comments by any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0254. 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: Edward Lohr, Office of Nuclear Material [[Page 14988]] Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0253; email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Environmental Impact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0254 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-2016-0254. 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-2016-0254 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. Rulemaking Procedure This rule is limited to the addition of CoC No. 1042 to the ``List of approved spent fuel storage casks.'' The NRC is using the ``direct final rule procedure'' because the TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System is similar to other previously approved spent fuel storage cask systems and, therefore, is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The addition will become effective on June 7, 2017. However, if the NRC receives significant adverse comments on this direct final rule by April 24, 2017, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. Absent significant modifications to the proposed amendment and revisions requiring republication, the NRC will not initiate a second comment period on this action. 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 (TSs). For detailed instructions on filing comments, please see the companion proposed rule published in the Proposed Rules 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 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. IV. Discussion of Changes On December 19, 2014, AREVA Inc. (AREVA) submitted an application to the NRC to approve the NUHOMS[supreg] EOS Dry Spent Fuel Storage System, CoC No. 1042. After discussions with the NRC and an internal evaluation of the submitted information, AREVA withdrew the application on April 24, 2015. AREVA resubmitted the application for the NUHOMS[supreg] EOS Dry Spent Fuel Storage System, CoC No. 1042 to the NRC on June 16, 2015. [[Page 14989]] AREVA supplemented its request on the following dates: July 30, 2015, December 18, 2015, April 7, 2016, June 13, 2016, and July 28, 2016. On November 18, 2016, AREVA notified the NRC that it had changed its name to TN Americas. The TN Americas NUHOMS[supreg] EOS System provides horizontal storage of high burnup spent PWR and BWR fuel assemblies in DSCs that are placed in an EOS horizontal storage module (HSM) utilizing an EOS transfer cask (TC). The new PWR and BWR DSCs are the EOS-37PTH DSC and the EOS-89BTH DSC, respectively. The NUHOMS[supreg] EOS System is an improved version of the NUHOMS[supreg] HD System described in CoC No. 1030. As documented in the Preliminary Safety Evaluation Report (PSER) for TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System, CoC No. 1042, the NRC staff performed a detailed safety evaluation of the proposed CoC request submitted by TN Americas. The staff evaluated the specific design requirements for each accident condition and concluded that the design of the cask will prevent loss of containment, shielding, and criticality control. Therefore, the environmental impacts of these actions would be insignificant. In addition, any resulting occupational exposure or offsite dose rates from the use of the TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System, CoC No. 1042 is well within the 10 CFR part 20 limits. Therefore, use of this new cask system will not result in radiological or non- radiological environmental impacts that differ significantly from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for consequences from radiological accidents. This direct final rule amends 10 CFR 72.214 by adding the TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System, CoC No. 1042. The term ``Amendment 0'' used in the supporting documents for this direct final rulemaking and the term ``Initial Certificate'' used in 10 CFR 72.214 describe the same document. Initial Certificate is the correct term and will be used henceforth when discussion involves this document. The TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System, when used under the conditions specified in the CoC, the TSs, and the NRC's regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be ensured. When this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage Systems that meet the criteria of CoC No. 1042 under 10 CFR 72.212. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies, unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will add the TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System design to the listings in 10 CFR 72.214, ``List of approved spent fuel storage casks.'' This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ``Policy Statement on Adequacy and Compatibility of Agreement State Programs'' approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category ``NRC.'' Compatibility is not required for Category ``NRC'' regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR. Although an Agreement State may not adopt program elements reserved to the NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State. VII. 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 31883). VIII. Environmental Assessment and Finding of No Significant Environmental Impact A. The Action The action is to amend 10 CFR 72.214 to add the TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System to the listing within the ``List of approved spent fuel storage casks'' as CoC No. 1042. Under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment. B. The Need for the Action This direct final rule adds CoC No. 1042 for the TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. Specifically, the TN Americas NUHOMS[supreg] EOS System provides horizontal storage of high burnup PWR and BWR spent fuel assemblies in DSCs that are placed in an EOS HSM utilizing an EOS TC. C. Environmental Impacts of the Action On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was initially analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this CoC addition tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act. The TN Americas NUHOMS[supreg] EOS System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel [[Page 14990]] in casks in accordance with 10 CFR part 72, include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. Considering the specific design requirements for each accident condition, the design of the TN Americas NUHOMS[supreg] EOS System cask would prevent loss of confinement, shielding, and criticality control. If there is no loss of confinement, shielding, or criticality control, the environmental impacts would be insignificant. In addition, any resulting occupational exposure or offsite dose rates from the use of the TN Americas NUHOMS[supreg] EOS Dry Spent Fuel Storage System, CoC No. 1042 would be well within the 10 CFR part 20 limits. Therefore, the proposed addition of CoC No. 1042 will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The staff documented its safety findings in the PSER. D. Alternative to the Action The alternative to this action is to withhold approval of this new design and issue a site-specific license to each utility that proposes to use the casks. This alternative would cost both the NRC and utilities more time and money for each site-specific license. Conducting site-specific reviews would ignore the procedures and criteria currently in place for the addition of new cask designs that can be used under a general license, and would be in conflict with NWPA direction to the Commission to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site reviews. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will eliminate the above problems and is consistent with previous Commission actions. Further, the rule will have no adverse effect on public health and safety. Therefore, the environmental impacts would be the same or less than the action. E. Alternative Use of Resources Approval of the addition of CoC No. 1042 to 10 CFR 72.214 would result in no irreversible commitments of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, ``List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042,'' will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget (OMB), approval number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and TN Americas. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. By letter dated June 16, 2015, as supplemented on July 30, 2015, December 18, 2015, April 7, 2016, June 13, 2016, and July 28, 2016, TN Americas resubmitted an application to the NRC to add the NUHOMS[supreg] EOS Dry Spent Fuel Storage System, CoC No. 1042 to 10 CFR 72.214. This request is described in Section IV, ``Discussion of Changes,'' of this document. The alternative to this action is to withhold approval of this new design and issue a site-specific license to each utility that proposes to use the casks. Conducting site-specific reviews would ignore the procedures and criteria currently in place for the addition of new cask designs that can be used under a general license, and would be in conflict with NWPA direction to the Commission to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site reviews. This alternative would cost both the NRC and utilities more time and money for each site-specific license. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will avoid the above problems and is consistent with previous Commission actions. Further, the rule will have no adverse effect on public health and safety. Approval of the direct final rule is consistent with previous NRC actions. Further, as documented in the PSER and the environmental assessment, the direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and therefore, this action is recommended. [[Page 14991]] XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule and therefore, a backfit analysis is not required. This direct final rule adds CoC No. 1042 for the NUHOMS[supreg] EOS Dry Spent Fuel Storage System to the ``List of approved spent fuel storage casks.'' The addition of CoC No. 1042 for the NUHOMS[supreg] EOS Dry Spent Fuel Storage System was initiated by TN Americas and was not submitted in response to new NRC requirements, or an NRC request for amendment. The addition of CoC No. 1042 does not constitute backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, no backfit analysis or additional documentation addressing the issue finality criteria in 10 CFR part 52 has been prepared by the staff. XIII. Congressional Review Act The OMB has not found this to be a rule as defined in the Congressional Review Act. XIV. Availability of Documents The documents identified in the following table are available to interested persons as indicated. ------------------------------------------------------------------------ Document ADAMS accession No. ------------------------------------------------------------------------ AREVA Application for Approval of the Spent ML15005A477 (Package). Fuel Cask Design for the NUHOMS[supreg] EOS System, Docket 72-1042, letter dated December, 19, 2014 (original application). Withdrawal of December 19, 2014 AREVA ML15114A444. Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, Docket 72-1042, letter dated April 24, 2015. Re-submittal of AREVA Application for ML15173A379 (Package). Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated June 16, 2015 *. Safety Evaluation Report for AREVA ML070160089. NUHOMS[supreg] HD Horizontal Modular Storage System, CoC No. 1030. AREVA Submittal of Additional Information ML15223A204. Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated July 30, 2015 *. NRC Request for Additional Information ML15287A255 (Package). Related to AREVA Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated October 16, 2015 *. AREVA Response to NRC Request for ML15364A490 (Package). Additional Information Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated December 18, 2015 *. NRC Request for Additional Information ML16063A454 (Package). Related to AREVA Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated March 3, 2016 *. AREVA Response to NRC Request for ML16111A670 (Package). Additional Information Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated April 7, 2016 *. AREVA Submittal of Additional Information ML16169A044 (Package). Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated June 13, 2016 *. AREVA Submittal of Additional Information ML16215A026 (Package). Related to Application for Approval of the Spent Fuel Cask Design for the NUHOMS[supreg] EOS System, CoC No. 1042, letter dated July 28, 2016 *. Name Change from AREVA to TN Americas, ML16327A011. letter dated November 18, 2016 *. Preliminary Safety Evaluation Report for TN ML16242A023. Americas NUHOMS[supreg] EOS System, CoC No. 1042 *. Technical Specifications for TN Americas ML16242A022. NUHOMS[supreg] EOS System, CoC No. 1042 *. ------------------------------------------------------------------------ * The term ``Amendment 0'' used in the supporting documents for this direct final rulemaking and the term ``Initial Certificate'' used in 10 CFR 72.214 describes the same document. Initial Certificate is the correct term and will be used henceforth when discussion involves this document. 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-2016-0254. 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-2016-0254); (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 adopting the following amendment 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 1042 is added to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1042. Initial Certificate Effective Date: June 7, 2017. SAR Submitted by: TN Americas LLC. SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS Dry Spent Fuel Storage System. Docket Number: 72-1042. Certificate Expiration Date: March 24, 2037. Model Number: EOS-37PTH, EOS-89BTH. Dated at Rockville, Maryland, this 9th day of March 2017. [[Page 14992]] For the Nuclear Regulatory Commission. Victor M. McCree, Executive Director for Operations. [FR Doc. 2017-05902 Filed 3-23-17; 8:45 am] BILLING CODE 7590-01-P
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Rules and Regulations Federal Register
Vol. 82, No. 56
Friday, March 24, 2017
This section of the FEDERAL REGISTER intended to provide the new NUHOMS® EOS System provides
contains regulatory documents having general Administration an adequate opportunity horizontal storage of high burnup spent
applicability and legal effect, most of which to review new and pending regulations. pressurized water reactor (PWR) and
are keyed to and codified in the Code of In this document we are issuing a boiling water reactor (BWR) fuel
Federal Regulations, which is published under further stay of those regulations in order assemblies in dry shielded canisters
50 titles pursuant to 44 U.S.C. 1510.
to provide sufficient time to consider (DSCs).
The Code of Federal Regulations is sold by the stakeholder input made since DATES: The direct final rule is effective
the Superintendent of Documents. January 25, 2017. June 7, 2017, unless significant adverse
To the extent that 5 U.S.C. 553(b)(A) comments are received by April 24,
applies to this action, it is exempt from 2017. If the direct final rule is
DEPARTMENT OF AGRICULTURE notice and comment for good cause and withdrawn as a result of such
the reasons cited above. The Animal comments, timely notice of the
Animal and Plant Health Inspection and Plant Health Inspection Service
Service withdrawal will be published in the
(APHIS) finds that notice and Federal Register. Comments received
solicitation of comment regarding the after this date will be considered if it is
7 CFR Part 319 brief extension of the effective date for practical to do so, but the Commission
[Docket No. APHIS–2014–0092] the final regulation are impracticable, is able to ensure consideration only for
RIN 0579–AE17
unnecessary, and contrary to the public comments received on or before this
interest pursuant to 5 U.S.C. 553(b)(B). date. Comments received on this direct
Importation of Lemons From APHIS believes that affected entities final rule will also be considered to be
Northwest Argentina; Stay of need to be informed as soon as possible comments on a companion proposed
Regulations of the extension and its length in order rule published in the Proposed Rules
to plan and adjust their implementation section of this issue of the Federal
AGENCY: Animal and Plant Health process accordingly.
Inspection Service, USDA. Register.
Authority: 7 U.S.C. 450, 7701–7772, and
ACTION: Final rule; stay of regulations.
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR ADDRESSES: You may submit comments
2.22, 2.80, and 371.3. by any of the following methods:
SUMMARY: On December 23, 2016, we • Federal Rulemaking Web site: Go to
published a final rule amending the Done in Washington, DC, this 20th day of http://www.regulations.gov and search
fruits and vegetables regulations to March 2017.
for Docket ID NRC–2016–0254. Address
allow the importation of lemons from Michael C. Gregoire, questions about NRC dockets to Carol
northwest Argentina into the Acting Administrator, Animal and Plant Gallagher; telephone: 301–415–3463;
continental United States under certain Health Inspection Service. email: Carol.Gallagher@nrc.gov. For
conditions. In a document published on [FR Doc. 2017–05877 Filed 3–23–17; 8:45 am] technical questions contact the
January 25, 2017, we stayed the BILLING CODE 3410–34–P individual listed in the FOR FURTHER
regulations for 60 days ending March INFORMATION CONTACT section of this
27, 2017. In this document, we are document.
issuing an additional stay of those NUCLEAR REGULATORY • Email comments to:
regulations. COMMISSION Rulemaking.Comments@nrc.gov. If you
DATES: Effective March 24, 2017, 7 CFR do not receive an automatic email reply
319.28(e) and 319.56–76, added 10 CFR Part 72 confirming receipt, then contact us at
December 23, 2016 (81 FR 94217), and [NRC–2016–0254] 301–415–1677.
stayed on January 25, 2017 (82 FR • Fax comments to: Secretary, U.S.
8353), until March 27, 2017, continue to RIN 3150–AJ88 Nuclear Regulatory Commission at 301–
be stayed until May 26, 2017. 415–1101.
FOR FURTHER INFORMATION CONTACT: Mr.
List of Approved Spent Fuel Storage • Mail comments to: Secretary, U.S.
Stephen O’Neill, Chief, Regulatory Casks: TN Americas LLC, NUHOMS® Nuclear Regulatory Commission,
Analysis and Development, PPD, EOS Dry Spent Fuel Storage System, Washington, DC 20555–0001, ATTN:
APHIS, 4700 River Road Unit 118, Certificate of Compliance No. 1042 Rulemakings and Adjudications Staff.
Riverdale, MD 20737–1234; (301) 851– AGENCY: Nuclear Regulatory • Hand deliver comments to: 11555
3175. Commission. Rockville Pike, Rockville, Maryland
SUPPLEMENTARY INFORMATION: On 20852, between 7:30 a.m. and 4:15 p.m.
ACTION: Direct final rule.
December 23, 2016, we published a final (Eastern Time) Federal workdays;
rule (81 FR 94217–94230) amending the SUMMARY: The U.S. Nuclear Regulatory telephone: 301–415–1677.
fruits and vegetables regulations to Commission (NRC) is amending its For additional direction on obtaining
jstallworth on DSK7TPTVN1PROD with RULES
allow the importation of lemons from spent fuel storage regulations by adding information and submitting comments,
northwest Argentina into the the TN Americas LLC (TN Americas), see ‘‘Obtaining Information and
continental United States under certain NUHOMS® Extended Optimized Submitting Comments’’ in the
conditions. On January 25, 2017, we Storage (EOS) Dry Spent Fuel Storage SUPPLEMENTARY INFORMATION section of
issued a stay of those regulations (82 FR System, to the ‘‘List of approved spent this document.
8353) for 60 days in accordance with fuel storage casks’’ as Certificate of FOR FURTHER INFORMATION CONTACT:
guidance issued January 20, 2017, Compliance (CoC) No. 1042. The Edward Lohr, Office of Nuclear Material
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![14988 Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Rules and Regulations
Safety and Safeguards, U.S. Nuclear comment submissions into ADAMS. (2) The comment proposes a change
Regulatory Commission, Washington, The NRC does not routinely edit or an addition to the rule, and it is
DC 20555–0001; telephone: 301–415– comment submissions to remove apparent that the rule would be
0253; email: Edward.Lohr@nrc.gov. identifying or contact information. ineffective or unacceptable without
SUPPLEMENTARY INFORMATION: If you are requesting or aggregating incorporation of the change or addition.
comments from other persons for (3) The comment causes the NRC staff
Table of Contents submission to the NRC, then you should to make a change (other than editorial)
I. Obtaining Information and Submitting inform those persons not to include to the rule, CoC, or technical
Comments identifying or contact information that specifications (TSs).
II. Rulemaking Procedure they do not want to be publicly For detailed instructions on filing
III. Background disclosed in their comment submission. comments, please see the companion
IV. Discussion of Changes Your request should state that the NRC proposed rule published in the
V. Voluntary Consensus Standards does not routinely edit comment Proposed Rules section of this issue of
VI. Agreement State Compatibility the Federal Register.
VII. Plain Writing
submissions to remove such information
VIII. Environmental Assessment and Finding before making the comment III. Background
of No Significant Environmental Impact submissions available to the public or
IX. Paperwork Reduction Act Statement entering the comment into ADAMS. Section 218(a) of the Nuclear Waste
X. Regulatory Flexibility Certification Policy Act (NWPA) of 1982, as
XI. Regulatory Analysis II. Rulemaking Procedure amended, requires that ‘‘the Secretary
XII. Backfitting and Issue Finality This rule is limited to the addition of [of the Department of Energy] shall
XIII. Congressional Review Act CoC No. 1042 to the ‘‘List of approved establish a demonstration program, in
XIV. Availability of Documents spent fuel storage casks.’’ The NRC is cooperation with the private sector, for
I. Obtaining Information and using the ‘‘direct final rule procedure’’ the dry storage of spent nuclear fuel at
Submitting Comments because the TN Americas NUHOMS® civilian nuclear power reactor sites,
EOS Dry Spent Fuel Storage System is with the objective of establishing one or
A. Obtaining Information similar to other previously approved more technologies that the [Nuclear
Please refer to Docket ID NRC–2016– spent fuel storage cask systems and, Regulatory] Commission may, by rule,
0254 when contacting the NRC about therefore, is expected to be approve for use at the sites of civilian
the availability of information for this noncontroversial. Adequate protection nuclear power reactors without, to the
action. You may obtain publicly- of public health and safety continues to maximum extent practicable, the need
available information related to this be ensured. The addition will become for additional site-specific approvals by
action by any of the following methods: effective on June 7, 2017. However, if the Commission.’’ Section 133 of the
• Federal Rulemaking Web site: Go to the NRC receives significant adverse NWPA states, in part, that ‘‘[the
http://www.regulations.gov and search comments on this direct final rule by Commission] shall, by rule, establish
for Docket ID NRC–2016–0254. April 24, 2017, then the NRC will procedures for the licensing of any
• NRC’s Agencywide Documents publish a document that withdraws this technology approved by the
Access and Management System action and will subsequently address Commission under Section 219(a) [sic:
(ADAMS): You may obtain publicly- the comments received in a final rule as 218(a)] for use at the site of any civilian
available documents online in the a response to the companion proposed nuclear power reactor.’’
ADAMS Public Documents collection at rule published in the Proposed Rules To implement this mandate, the
http://www.nrc.gov/reading-rm/ section of this issue of the Federal Commission approved dry storage of
adams.html. To begin the search, select Register. Absent significant spent nuclear fuel in NRC-approved
‘‘ADAMS Public Documents’’ and then modifications to the proposed casks under a general license by
select ‘‘Begin Web-based ADAMS amendment and revisions requiring publishing a final rule which added a
Search.’’ For problems with ADAMS, republication, the NRC will not initiate new subpart K in part 72 of title 10 of
please contact the NRC’s Public a second comment period on this action. the Code of Federal Regulations (10
Document Room (PDR) reference staff at A significant adverse comment is a CFR) entitled, ‘‘General License for
1–800–397–4209, 301–415–4737, or by comment where the commenter Storage of Spent Fuel at Power Reactor
email to pdr.resource@nrc.gov. For the explains why the rule would be Sites’’ (55 FR 29181; July 18, 1990). This
convenience of the reader, instructions inappropriate, including challenges to rule also established a new subpart L in
about obtaining materials referenced in the rule’s underlying premise or 10 CFR part 72 entitled, ‘‘Approval of
this document are provided in the approach, or would be ineffective or Spent Fuel Storage Casks,’’ which
‘‘Availability of Documents’’ section. unacceptable without a change. A contains procedures and criteria for
• NRC’s PDR: You may examine and comment is adverse and significant if: obtaining NRC approval of spent fuel
purchase copies of public documents at (1) The comment opposes the rule and storage cask designs.
the NRC’s PDR, Room O1–F21, One provides a reason sufficient to require a IV. Discussion of Changes
White Flint North, 11555 Rockville substantive response in a notice-and-
Pike, Rockville, Maryland 20852. comment process. For example, a On December 19, 2014, AREVA Inc.
substantive response is required when: (AREVA) submitted an application to
B. Submitting Comments (a) The comment causes the NRC staff the NRC to approve the NUHOMS® EOS
Please include Docket ID NRC–2016– to reevaluate (or reconsider) its position Dry Spent Fuel Storage System, CoC No.
0254 in your comment submission. or conduct additional analysis; 1042. After discussions with the NRC
jstallworth on DSK7TPTVN1PROD with RULES
The NRC cautions you not to include (b) The comment raises an issue and an internal evaluation of the
identifying or contact information that serious enough to warrant a substantive submitted information, AREVA
you do not want to be publicly response to clarify or complete the withdrew the application on April 24,
disclosed in your comment submission. record; or 2015. AREVA resubmitted the
The NRC will post all comment (c) The comment raises a relevant application for the NUHOMS® EOS Dry
submissions at http:// issue that was not previously addressed Spent Fuel Storage System, CoC No.
www.regulations.gov as well as enter the or considered by the NRC staff. 1042 to the NRC on June 16, 2015.
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![14992 Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Rules and Regulations
For the Nuclear Regulatory Commission. diversity in its workforce, at all levels of employment opportunity (EEO) and
Victor M. McCree, the agency, consistent with the increased participation of minority-
Executive Director for Operations. demographic diversity of the United owned and women-owned business in
[FR Doc. 2017–05902 Filed 3–23–17; 8:45 am] States.’’ 2 the programs and contracts of the
BILLING CODE 7590–01–P
HERA also amended FIRREA 3 to add respective agency.7
FHFA to a list of agencies required to FHFA was specially situated. As the
‘‘prescribe regulations to establish and only agency subject to HERA’s Minority
FEDERAL HOUSING FINANCE oversee a minority outreach program and Women Inclusion (MWI)
AGENCY within [the agency] to ensure inclusion, requirements, FHFA already had
to the maximum extent possible, of published the 2010 NPRM Subpart B
12 CFR Parts 1207 and 1223 minorities and women, and entities which, if adopted, would have fulfilled
owned by minorities and women, both its obligations under HERA, and,
RIN 2590–AA87 including financial institutions, the newly established Dodd-Frank Act
Minority and Women Outreach investment banking firms, underwriters, section 342.
Program accountants, and providers of legal However, in December 2010, FHFA
services, in all contracts entered into by finalized its 2010 NPRM without
AGENCY: Federal Housing Finance the agency with such persons or adopting proposed Subpart B.8 In the
Agency. entities, public and private, in order to preamble to the 2010 Final Rule, FHFA
ACTION: Final rule. manage the institutions and their assets committed to finalize Subpart B, but not
for which the agency is responsible or until the other agencies subject to Dodd-
SUMMARY: The Federal Housing Finance to perform such other functions Frank Act section 342 began work on
Agency (FHFA) is prescribing this final authorized under any law applicable to implementation, and FHFA ensured that
rule to establish its minority and women such agency.’’ 4 its proposal aligned with the other
outreach program (MWOP), pursuant to agencies’ practices.
the Financial Institutions Reform, B. Subpart B of 2010 NPR (March 2010) The other agencies subsequently
Recovery, and Enforcement Act of 1989 In January 2010, FHFA published a established their respective OMWIs,
(FIRREA); the Federal Housing Notice of Proposed Rulemaking on and, along with FHFA’s OMWI,
Enterprises Financial Safety and Minority and Women Inclusion (2010 implemented Dodd-Frank Act section
Soundness Act of 1992 (Safety and NPRM) 5 to implement HERA’s MWI 342. FHFA drafted internal EEO
Soundness Act); and the Dodd-Frank mandates. The 2010 NPRM Subparts A standards in August, 2016. However,
Wall Street Reform and Consumer and C addressed the establishment and FHFA did not adopt the standards in a
Protection Act of 2008 (Dodd-Frank supervision of Office[s] of Minority and formal rulemaking, nor did FHFA fulfill
Act). This final rule also redesignates Women Inclusion (OMWIs) at the the promise in its 2010 Final Rule to
the current Minority and Women Federal National Mortgage Association revisit and finalize Subpart B.
Inclusion (MWI) regulation (‘‘Minority (Fannie Mae), the Federal Home Loan
and Women Inclusion Final Rule,’’ Corporation (Freddie Mac), and the D. FIRREA Requirement To Prescribe
‘‘MWI Rule,’’ or ‘‘2010 Final Rule’’), in Federal Home Loan Banks (FHLBs) Regulations (Current State)
the Code of Federal Regulations to (collectively, ‘‘FHFA’s regulated The Federal Deposit Insurance
subchapter B of FHFA’s regulations. entities’’), as well as, the Federal Home Corporation (FDIC), FHFA, and Office of
DATES: Effective date: March 24, 2017. Loan Banks’ Office of Finance. the Comptroller of the Currency (OCC)
For additional information, see The 2010 NPRM Subpart B addressed hold a special status among the agencies
SUPPLEMENTARY INFORMATION. internal operations. Subpart B: (1) subject to Dodd-Frank Act section 342.
FOR FURTHER INFORMATION CONTACT: Outlined affirmative steps FHFA would The FDIC, FHFA, and OCC are the only
Sharron Levine, Director, Office of take to promote diversity in its own agencies also subject to the FIRREA
Minority and Women Inclusion, workforce (as required by the HERA section 1216 (12 U.S.C. 1833e)
Sharron.Levine@fhfa.gov, (202) 649– amendments to the Safety and requirement to ‘‘prescribe regulations’’
3496; or Eric Howard, Deputy Director, Soundness Act); and (2) Established an to establish a minority outreach program
Office of Minority and Women FHFA outreach program regulation (as (the other agencies subject to Dodd-
Inclusion, Eric.Howard@fhfa.gov, (202) required by the HERA amendments to Frank Act section 342 simply were
649–3009; or James Jordan, Assistant FIRREA). required to develop and implement the
General Counsel, James.Jordan@ less formal ‘‘standards’’ referenced
C. Dodd-Frank Act, 2010 Final Rule
fhfa.gov, (202) 649–3075 (not toll-free above). The FDIC and OCC were the
(July 2010–December 2010)
numbers), Federal Housing Finance original subjects of FIRREA section
Agency, 400 Seventh Street SW., On July 21, 2010, after FHFA 1216’s (12 U.S.C. 1833e) regulation
Washington, DC 20219. The telephone published the 2010 NPRM, but before requirement when FIRREA was enacted
number for the Telecommunications the rule was finalized, Dodd-Frank Act 6 in 1989. Accordingly, both agencies
Device for the Hearing Impaired is (800) was enacted. Dodd-Frank Act section
877–8339. 342 required FHFA and several other 7 The Dodd-Frank Act imposed MWI
agencies to ‘‘develop [internal] requirements on the internal operations of the
SUPPLEMENTARY INFORMATION: following agencies and entities: The Consumer
standards’’ that address equal
Financial Protection Bureau (CFPB), Federal
I. Background Deposit Insurance Corporation (FDIC), FHFA,
2 Public Law 110–289, div. A, title I, sec. 1116(f),
Federal Reserve Board (FRB), each of the Federal
jstallworth on DSK7TPTVN1PROD with RULES
A. HERA and FIRREA (July 2008) 122 Stat. 2681. 12 U.S.C. 4520(f). Reserve Banks, National Credit Union
3 Public Law 101–73, 103 Stat. 183 (1989).
In 2008, the Housing and Economic Administration (NCUA), Office of the Comptroller
4 Public Law 110–289, div. A, title II, sec 1216(c), of the Currency (OCC), Securities and Exchange
Recovery Act (HERA) 1 amended the
122 Stat. 2792. 12 U.S.C. 1833e(c). Commission (SEC), and the Department of Treasury.
Safety and Soundness Act to require 5 ‘‘Minority and Women Inclusion; Notice of 7 12 U.S.C. 5452.
FHFA to ‘‘take affirmative steps to seek Proposed Rulemaking,’’ 75 FR 1289 (January 11, 8 ‘‘Minority and Women Inclusion; Final Rule,’’
2010). 75 FR 81395 (December 28, 2010) (codified at 12
1 Public Law 110–289, 122 Stat. 2654 (2008). 6 Public Law 111–203, 124 Stat. 1376 (2010). CFR 1207).
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Document Created: 2018-02-01 15:10:40
Document Modified: 2018-02-01 15:10:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | The direct final rule is effective June 7, 2017, unless significant adverse comments are received by April 24, 2017. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. 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. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. | |
| Contact | Edward Lohr, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0253; email: [email protected] | |
| FR Citation | 82 FR 14987 | |
| RIN Number | 3150-AJ88 | |
| CFR Associated | 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 and Whistleblowing |
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