82 FR 29249 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 123 (June 28, 2017)

Page Range		29249-29251
FR Document		2017-13513

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Holtec International (Holtec) HI-STORM Flood/Wind (FW) Multipurpose Canister (MPC) Storage System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1032. Amendment No. 3 revises authorized contents to allow burnup credit for fuel types in the MPC-37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032.

Federal Register, Volume 82 Issue 123 (Wednesday, June 28, 2017)

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Proposed Rules]
[Pages 29249-29251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13513]


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

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2017-0089]
RIN 3150-AK03


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate 
of Compliance No. 1032, Amendment No. 3

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) HI-STORM Flood/Wind (FW) Multipurpose Canister 
(MPC) Storage System listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 3 to Certificate of Compliance 
(CoC) No. 1032. Amendment No. 3 revises authorized contents to allow 
burnup credit for fuel types in the MPC-37 and revises CoC Condition 8, 
which has been previously incorporated in Amendment No. 2 to CoC No. 
1032.

DATES: Submit comments by July 28, 2017. Comments received after this 
date will be considered if it is practical to do so, but the NRC staff 
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:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0089. 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: Vanessa Cox, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-8342; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0089 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-2017-0089.
     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-2017-0089 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 proposed rule is limited to the changes contained in Amendment 
No. 3 to CoC No. 1032 and does not include other aspects of the Holtec 
HI-STORM FW MPC Storage 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 September 11, 2017. However, 
if the NRC receives significant adverse comments on this proposed rule 
by July 28, 2017, then the NRC will publish a document that

[[Page 29250]]

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 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 
dated March 28, 2011 (76 FR 17019), that approved the Holtec HI-STORM 
FW MPC Storage System design and added it to the list of NRC-approved 
cask designs in 10 CFR 72.214 as CoC No. 1032.

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, 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.

------------------------------------------------------------------------
                   Document                        ADAMS Accession No.
------------------------------------------------------------------------
Holtec CoC No. 1032, Amendment No. 3--          ML15364A561
 Amendment Request Letter dated December 18,
 2015.
Holtec CoC No. 1032, Amendment No. 3--Modified  ML16113A398
 Request Letter dated April 22, 2016.
Holtec CoC No. 1032, Amendment No. 3--Response  ML16180A360
 to RAI Regarding HI-STORM FW Amendment 3
 dated June 22, 2016.
Holtec CoC No. 1032, Amendment No. 3--          ML16236A243
 Transmittal of Response to HI-STORM FW
 Amendment 3 Response to Second Request for
 Additional Information dated August 22, 2016.
Proposed CoC No. 1032, Amendment No. 3........  ML16292A552
Proposed CoC No. 1032, Amendment No.3--         ML16292A580
 Appendix A.
Proposed CoC No. 1032, Amendment No. 3--        ML16292A623
 Technical Specifications, Appendix B.
CoC No. 1032, Amendment No. 3--Preliminary      ML16292A650
 Safety Evaluation Report.
------------------------------------------------------------------------

    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-2017-0089. 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-2017-0089); (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.

[[Page 29251]]

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 1032 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1032.
    Initial Certificate Effective Date: June 13, 2011, superseded by 
Amendment Number 0, Revision 1, on April 25, 2016.
    Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
    Amendment Number 1 Effective Date: December 17, 2014, superseded by 
Amendment Number 1, Revision 1, on June 2, 2015.
    Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
    Amendment Number 2, Effective Date: November 7, 2016.
    Amendment Number 3, Effective Date: September 11, 2017.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the Holtec 
International HI-STORM FW System.
    Docket Number: 72-1032.
    Certificate Expiration Date: June 12, 2031.
    Model Number: HI-STORM FW MPC-37, MPC-89.
* * * * *

    Dated at Rockville, Maryland, this 14th day of June 2017.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017-13513 Filed 6-27-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules 29251

PART 72—LICENSING DEPARTMENT OF TRANSPORTATION following address: Federal Trade
REQUIREMENTS FOR THE Commission, Office of the Secretary,
INDEPENDENT STORAGE OF SPENT Federal Aviation Administration 600 Pennsylvania Avenue NW., Suite
NUCLEAR FUEL, HIGH-LEVEL CC–5610 (Annex C), Washington, DC
RADIOACTIVE WASTE, AND 14 CFR Part 33 20580, or deliver your comment to the
REACTOR-RELATED GREATER THAN [Docket No. FAA–2017–0586; Notice No. 33– following address: Federal Trade
CLASS C WASTE 17–01–SC] Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
■ 1. The authority citation for part 72 Special Conditions: Safran Aircraft 5th Floor, Suite 5610 (Annex C),
continues to read as follows: Engines, Silvercrest-2 SC–2D; Rated Washington, DC 20024.
Authority: Atomic Energy Act of 1954, Takeoff Thrust at High Ambient FOR FURTHER INFORMATION CONTACT:
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, Temperature Robert M. Frisby, Attorney, (202) 326–
183, 184, 186, 187, 189, 223, 234, 274 (42 2098, Federal Trade Commission,
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, Correction Division of Enforcement, Bureau of
2099, 2111, 2201, 2210e, 2232, 2233, 2234, Proposed Rule document 2016–13305 Consumer Protection, 600 Pennsylvania
2236, 2237, 2238, 2273, 2282, 2021); Energy appearing on pages 28788 through Avenue NW., Washington, DC 20580.
Reorganization Act of 1974, secs. 201, 202, 28790 in the issue of Monday, June 26, SUPPLEMENTARY INFORMATION:
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 2017 was withdrawn from public
National Environmental Policy Act of 1969 I. Introduction
(42 U.S.C. 4332); Nuclear Waste Policy Act
inspection and published in error. It
of 1982, secs. 117(a), 132, 133, 134, 135, 137, should be removed. The Commission recently announced
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), [FR Doc. C1–2017–13305 Filed 6–27–17; 8:45 am] a new initiative to eliminate or change
10152, 10153, 10154, 10155, 10157, 10161, BILLING CODE 1505–01–D
outdated, unnecessary regulations and
10165(g), 10168, 10198(a)); 44 U.S.C. 3504 processes.1 While the textile regulation
note. at issue here does not impose large costs
■ 2. In § 72.214, Certificate of on business, the cumulative burden of
FEDERAL TRADE COMMISSION
Compliance 1032 is revised to read as unnecessary regulations can impose
follows: 16 CFR Part 303 significant costs and undermine the
efficiency with which government
§ 72.214 List of approved spent fuel RIN 3084–AB28 delivers services to the public. With
storage casks. these concerns in mind, the
Rules and Regulations Under the
* * * * * Commission now proposes eliminating
Textile Fiber Products Identification
Certificate Number: 1032. the requirement in 16 CFR 303.19(a)
Act
Initial Certificate Effective Date: June that businesses furnish the Commission
13, 2011, superseded by Amendment AGENCY: Federal Trade Commission with registered word trademarks prior to
Number 0, Revision 1, on April 25, (‘‘FTC’’ or ‘‘Commission’’). using these marks to satisfy the Textile
2016. ACTION: Notice of proposed rulemaking. Rules. Eliminating this requirement is
Amendment Number 0, Revision 1, expected to reduce compliance costs
Effective Date: April 25, 2016. SUMMARY: The Commission proposes while increasing firms’ flexibility.
amending the Textile Rules (‘‘Rules and Specifically, the Textile Fiber
Amendment Number 1 Effective Date: Regulations under the Textile Fiber Products Identification Act (‘‘Textile
December 17, 2014, superseded by Products Identification Act’’) to delete Act’’)2 and implementing rules (‘‘Textile
Amendment Number 1, Revision 1, on the requirement that an owner of a Rules’’) require marketers to, among
June 2, 2015. registered word trademark furnish the other things, attach a label to each
Amendment Number 1, Revision 1, FTC with a copy of the mark’s covered textile product disclosing: (1)
Effective Date: June 2, 2015. registration with the United States The generic names and percentages by
Amendment Number 2, Effective Patent and Trademark Office weight of the constituent fibers in the
Date: November 7, 2016. (‘‘USPTO’’) before using the mark on product; (2) the name under which the
Amendment Number 3, Effective labels, and to no longer restrict the use manufacturer or other responsible
Date: September 11, 2017. of such trademarks to only those also company does business or, in lieu
SAR Submitted by: Holtec employed as house marks. Eliminating thereof, the company’s registered
International, Inc. these requirements is expected to identification number (‘‘RN number’’);
SAR Title: Final Safety Analysis reduce compliance costs while and (3) the name of the country where
Report for the Holtec International HI– increasing firms’ flexibility. the product was processed or
STORM FW System. DATES: Written comments must be manufactured.3 Section 303.19 allows
Docket Number: 72–1032. received on or before July 31, 2017. the owners of registered word
Certificate Expiration Date: June 12, ADDRESSES: Interested parties may file a trademarks who use these trademarks as
2031. comment online or on paper by house marks to disclose such
Model Number: HI–STORM FW following the instructions in the trademarks on labels in lieu of their
MPC–37, MPC–89. Request for Comment part of the business names. However, before doing
SUPPLEMENTARY INFORMATION section so, the company must file a copy of the
* * * * *
rmajette on DSK2TPTVN1PROD with PROPOSALS

below. Write ‘‘Textile Rules, 16 CFR trademark’s USPTO registration with
Dated at Rockville, Maryland, this 14th day part 303, Project No. P948404’’ on your the Commission. This requirement was
of June 2017. imposed in 1959 presumably to obviate
comment, and file your comment online
For the Nuclear Regulatory Commission. at https://ftcpublic.commentworks.com/ 1 https://www.ftc.gov/news-events/press-releases/
Victor M. McCree, ftc/textilerulesnprm by following the 2017/04/process-reform-initiatives-are-already-
Executive Director for Operations. instructions on the web-based form. If underway-federal-trade.>
[FR Doc. 2017–13513 Filed 6–27–17; 8:45 am] you prefer to file your comment on 2 15 U.S.C. 70 et seq.

BILLING CODE 7590–01–P paper, mail your comment to the 3 See 15 U.S.C. 70b(b).

VerDate Sep<11>2014 14:38 Jun 27, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\28JNP1.SGM 28JNP1

Document Created: 2017-06-28 01:10:18
Document Modified: 2017-06-28 01:10:18

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		Proposed Rules
Action		Proposed rule.
Dates		Submit comments by July 28, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date.
Contact		Vanessa Cox, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-8342; email: [email protected]
FR Citation		82 FR 29249
RIN Number		3150-AK03
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