82_FR_31641 82 FR 31512 - List of Approved Spent Fuel Storage Casks: EnergySolutionsTM

82 FR 31512 - List of Approved Spent Fuel Storage Casks: EnergySolutionsTM

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31512-31514
FR Document2017-14290

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the EnergySolutions<SUP>TM</SUP> Corporation's (EnergySolutions or the applicant) VSC-24 Ventilated Storage Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to renew, for an additional 40 years, the initial certificate and Amendment Nos. 1-6 of Certificate of Compliance (CoC) No. 1007. The renewal of the initial certificate and Amendment Nos. 1-6 requires cask users to establish, implement, and maintain written procedures for aging management program (AMP) elements, including a lead cask inspection program, for VSC-24 Storage Cask structures, systems, and components (SSCs) important to safety. Users must also conduct periodic ``tollgate'' assessments of new information on SSC aging effects and mechanisms to determine whether any element of an AMP addressing these effects and mechanisms requires revision to encompass the current state of knowledge. In addition, the renewal of the initial certificate and Amendment Nos. 1-6 makes several other changes, described in Section IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section of the companion direct final rule published in the Rules and Regulations section of this issue of the Federal Register.

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Proposed Rules]
[Pages 31512-31514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14290]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Proposed 
Rules

[[Page 31512]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0138]
RIN 3150-AJ78


List of Approved Spent Fuel Storage Casks: EnergySolutions\TM\ 
Corporation, VSC-24 Ventilated Storage Cask System, Renewal of Initial 
Certificate and Amendment Nos. 1-6

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the 
EnergySolutionsTM Corporation's (EnergySolutions or the 
applicant) VSC-24 Ventilated Storage Cask System listing within the 
``List of Approved Spent Fuel Storage Casks'' to renew, for an 
additional 40 years, the initial certificate and Amendment Nos. 1-6 of 
Certificate of Compliance (CoC) No. 1007. The renewal of the initial 
certificate and Amendment Nos. 1-6 requires cask users to establish, 
implement, and maintain written procedures for aging management program 
(AMP) elements, including a lead cask inspection program, for VSC-24 
Storage Cask structures, systems, and components (SSCs) important to 
safety. Users must also conduct periodic ``tollgate'' assessments of 
new information on SSC aging effects and mechanisms to determine 
whether any element of an AMP addressing these effects and mechanisms 
requires revision to encompass the current state of knowledge. In 
addition, the renewal of the initial certificate and Amendment Nos. 1-6 
makes several other changes, described in Section IV, ``Discussion of 
Changes,'' in the SUPPLEMENTARY INFORMATION section of the companion 
direct final rule published in the Rules and Regulations section of 
this issue of the Federal Register.

DATES: Submit comments by August 7, 2017. 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:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0138. 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, 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, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
5175; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0138 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-2016-0138.
     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-2016-0138 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 renewal of the initial 
certificate and Amendment Nos. 1-6 of CoC No. 1007.

[[Page 31513]]

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 20, 2017. 
However, if the NRC receives significant adverse comments on this 
proposed rule by August 7, 2017, 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 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). A general license authorizes a reactor licensee 
to store spent fuel in NRC-approved casks at a site that is licensed to 
operate a power reactor under 10 CFR parts 50 or 52. 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 April 7, 1993 (58 FR 17967), that 
approved the VSC-24 Cask System design effective May 7, 1993, and added 
it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 
1007.

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 the clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                                  ADAMS Accession No./
                   Document                    Federal Register Citation
------------------------------------------------------------------------
Proposed CoC No. 1007 Renewal, Initial         ML16057A127
 Issuance.
Proposed Technical Specification (TS),         ML16057A139
 Attachment A, CoC No. 1007 Renewal, Initial
 Issuance.
Proposed CoC No. 1007 Renewal, Amendment 1...  ML16057A189
Proposed TS, Attachment A, Amendment 1.......  ML16057A211
Proposed CoC No. 1007 Renewal, Amendment 2...  ML16057A216
Proposed TS, Attachment A, Amendment 2.......  ML16057A322
Proposed CoC No. 1007 Renewal, Amendment 3...  ML16057A333
Proposed TS, Attachment A, Amendment 3.......  ML16057A358
Proposed CoC No. 1007 Renewal, Amendment 4...  ML16057A449
Proposed TS, Attachment A, Amendment 4.......  ML16057A511
Proposed CoC No. 1007 Renewal, Amendment 5...  ML16057A593
Proposed TS, Attachment A, Amendment 5.......  ML16057A600
Proposed CoC No. 1007 Renewal, Amendment 6...  ML16057A617
Proposed TS, Attachment A, Amendment 6.......  ML16057A630
Preliminary Safety Evaluation Report.........  ML16057A667
Final Safety Analysis Report for the VSC-24    ML060810682
 Ventilated Storage Cask System.
NUREG-1092, ``Environmental Assessment for 10  ML091050510
 CFR Part 72--Licensing Requirements for the
 Independent Storage of Spent Fuel and High-
 Level Radioactive Waste''.

[[Page 31514]]

 
Proposed Rule, ``Licensing Requirements for    51 FR 19106
 the Independent Storage of Spent Nuclear
 Fuel and High-Level Radioactive Waste''.
Environmental Assessment and Finding of No     54 FR 19379
 Significant Impact for Proposed Rule
 Entitled ``Storage of Spent Nuclear Fuel in
 NRC-Approved Storage Casks at Nuclear Power
 Reactor Sites''.
Final Rule, ``Storage of Spent Fuel In NRC-    55 FR 29181
 Approved Storage Casks at Power Reactor
 Sites''.
Final Rule, ``License and Certificate of       76 FR 8872
 Compliance Terms''.
------------------------------------------------------------------------

    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-2016-0138. 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-2016-0138); (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 1007 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1007.
    Initial Certificate Effective Date: May 7, 1993, superseded by 
Renewed Initial Certificate, on September 20, 2017.
    Renewed Initial Certificate Effective Date: September 20, 2017.
    Amendment Number 1 Effective Date: May 30, 2000, superseded by 
Renewed Amendment Number 1, on September 20, 2017.
    Renewed Amendment Number 1 Effective Date: September 20, 2017.
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Renewed Amendment Number 2, on September 20, 2017.
    Renewed Amendment Number 2 Effective Date: September 20, 2017.
    Amendment Number 3 Effective Date: May 21, 2001, superseded by 
Renewed Amendment Number 3, on September 20, 2017.
    Renewed Amendment Number 3 Effective Date: September 20, 2017.
    Amendment Number 4 Effective Date: February 3, 2003, superseded by 
Renewed Amendment Number 4, on September 20, 2017.
    Renewed Amendment Number 4 Effective Date: September 20, 2017.
    Amendment Number 5 Effective Date: September 13, 2005, superseded 
by Renewed Amendment Number 5, on September 20, 2017.
    Renewed Amendment Number 5 Effective Date: September 20, 2017.
    Amendment Number 6 Effective Date: June 5, 2006, superseded by 
Renewed Amendment Number 6, on September 20, 2017.
    Renewed Amendment Number 6 Effective Date: September 20, 2017.
    SAR Submitted by: EnergySolutionsTM Corporation.
    SAR Title: Final Safety Analysis Report for the VSC-24 Ventilated 
Storage Cask System.
    Docket Number: 72-1007.
    Renewed Certificate Expiration Date: May 7, 2053.
    Model Number: VSC-24.
* * * * *

    Dated at Rockville, Maryland, this 31st day of May 2017.

    For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2017-14290 Filed 7-6-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                      31512

                                                      Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                     Vol. 82, No. 129

                                                                                                                                                                     Friday, July 7, 2017



                                                      This section of the FEDERAL REGISTER                     DATES:  Submit comments by August 7,                  the availability of information for this
                                                      contains notices to the public of the proposed           2017. Comments received after this date               action. You may obtain publicly-
                                                      issuance of rules and regulations. The                   will be considered if it is practical to do           available information related to this
                                                      purpose of these notices is to give interested           so, but the Commission is able to ensure              action by any of the following methods:
                                                      persons an opportunity to participate in the             consideration only for comments                          • Federal Rulemaking Web site: Go to
                                                      rule making prior to the adoption of the final                                                                 http://www.regulations.gov and search
                                                      rules.
                                                                                                               received on or before this date.
                                                                                                               ADDRESSES: You may submit comments                    for Docket ID NRC–2016–0138.
                                                                                                               by any of the following methods:                         • NRC’s Agencywide Documents
                                                      NUCLEAR REGULATORY                                          • Federal Rulemaking Web site: Go to               Access and Management System
                                                      COMMISSION                                               http://www.regulations.gov and search                 (ADAMS): You may obtain publicly-
                                                                                                               for Docket ID NRC–2016–0138. Address                  available documents online in the
                                                      10 CFR Part 72                                           questions about NRC dockets to Carol                  ADAMS Public Documents collection at
                                                                                                               Gallagher; telephone: 301–415–3463;                   http://www.nrc.gov/reading-rm/
                                                      [NRC–2016–0138]                                                                                                adams.html. To begin the search, select
                                                                                                               email: Carol.Gallagher@nrc.gov. For
                                                      RIN 3150–AJ78                                            technical questions contact the                       ‘‘ADAMS Public Documents’’ and then
                                                                                                               individual listed in the FOR FURTHER                  select ‘‘Begin Web-based ADAMS
                                                      List of Approved Spent Fuel Storage                      INFORMATION CONTACT section of this
                                                                                                                                                                     Search.’’ For problems with ADAMS,
                                                      Casks: EnergySolutionsTM                                 document.                                             please contact the NRC’s Public
                                                      Corporation, VSC–24 Ventilated                              • Email comments to:                               Document Room (PDR) reference staff at
                                                      Storage Cask System, Renewal of                          Rulemaking.Comments@nrc.gov. If you                   1–800–397–4209, 301–415–4737, or by
                                                      Initial Certificate and Amendment Nos.                   do not receive an automatic email reply               email to pdr.resource@nrc.gov. For the
                                                      1–6                                                      confirming receipt, contact us at 301–                convenience of the reader, instructions
                                                                                                               415–1677.                                             about obtaining materials referenced in
                                                      AGENCY:  Nuclear Regulatory                                                                                    this document are provided in the
                                                      Commission.                                                 • Fax comments to: Secretary, U.S.
                                                                                                               Nuclear Regulatory Commission at 301–                 ‘‘Availability of Documents’’ section.
                                                      ACTION: Proposed rule.
                                                                                                               415–1101.                                                • NRC’s PDR: You may examine and
                                                      SUMMARY:     The U.S. Nuclear Regulatory                    • Mail comments to: Secretary, U.S.                purchase copies of public documents at
                                                      Commission (NRC) is amending its                         Nuclear Regulatory Commission,                        the NRC’s PDR, Room O1–F21, One
                                                      spent fuel storage regulations by                        Washington, DC 20555–0001, ATTN:                      White Flint North, 11555 Rockville
                                                      revising the EnergySolutionsTM                           Rulemakings and Adjudications Staff.                  Pike, Rockville, Maryland 20852.
                                                      Corporation’s (EnergySolutions or the                       • Hand deliver comments to: 11555                  B. Submitting Comments
                                                      applicant) VSC–24 Ventilated Storage                     Rockville Pike, Rockville, Maryland
                                                                                                                                                                       Please include Docket ID NRC–2016–
                                                      Cask System listing within the ‘‘List of                 20852, between 7:30 a.m. and 4:15 p.m.
                                                                                                                                                                     0138 in your comment submission.
                                                      Approved Spent Fuel Storage Casks’’ to                   (Eastern Time) Federal workdays;                        The NRC cautions you not to include
                                                      renew, for an additional 40 years, the                   telephone: 301–415–1677.                              identifying or contact information that
                                                      initial certificate and Amendment Nos.                      For additional direction on obtaining
                                                                                                                                                                     you do not want to be publicly
                                                      1–6 of Certificate of Compliance (CoC)                   information and submitting comments,
                                                                                                                                                                     disclosed in your comment submission.
                                                      No. 1007. The renewal of the initial                     see ‘‘Obtaining Information and
                                                                                                                                                                     The NRC will post all comment
                                                      certificate and Amendment Nos. 1–6                       Submitting Comments’’ in the
                                                                                                                                                                     submissions at http://
                                                      requires cask users to establish,                        SUPPLEMENTARY INFORMATION section of
                                                                                                                                                                     www.regulations.gov as well as enter the
                                                      implement, and maintain written                          this document.
                                                                                                                                                                     comment submissions into ADAMS.
                                                      procedures for aging management                          FOR FURTHER INFORMATION CONTACT:                      The NRC does not routinely edit
                                                      program (AMP) elements, including a                      Robert D. MacDougall, U.S. Nuclear                    comment submissions to remove
                                                      lead cask inspection program, for VSC–                   Regulatory Commission, Washington,                    identifying or contact information.
                                                      24 Storage Cask structures, systems, and                 DC 20555–0001; telephone: 301–415–                      If you are requesting or aggregating
                                                      components (SSCs) important to safety.                   5175; email: Robert.MacDougall@                       comments from other persons for
                                                      Users must also conduct periodic                         nrc.gov.                                              submission to the NRC, then you should
                                                      ‘‘tollgate’’ assessments of new                          SUPPLEMENTARY INFORMATION:                            inform those persons not to include
                                                      information on SSC aging effects and                                                                           identifying or contact information that
                                                      mechanisms to determine whether any                      Table of Contents                                     they do not want to be publicly
                                                      element of an AMP addressing these                       I. Obtaining Information and Submitting               disclosed in their comment submission.
                                                      effects and mechanisms requires                                Comments                                        Your request should state that the NRC
                                                      revision to encompass the current state                  II. Rulemaking Procedure
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                     does not routinely edit comment
                                                      of knowledge. In addition, the renewal                   III. Background                                       submissions to remove such information
                                                      of the initial certificate and Amendment                 IV. Plain Writing
                                                                                                                                                                     before making the comment
                                                      Nos. 1–6 makes several other changes,                    V. Availability of Documents
                                                                                                                                                                     submissions available to the public or
                                                      described in Section IV, ‘‘Discussion of                 I. Obtaining Information and                          entering the comment into ADAMS.
                                                      Changes,’’ in the SUPPLEMENTARY                          Submitting Comments
                                                      INFORMATION section of the companion                                                                           II. Rulemaking Procedure
                                                      direct final rule published in the Rules                 A. Obtaining Information                                 This proposed rule is limited to the
                                                      and Regulations section of this issue of                   Please refer to Docket ID NRC–2016–                 renewal of the initial certificate and
                                                      the Federal Register.                                    0138 when contacting the NRC about                    Amendment Nos. 1–6 of CoC No. 1007.


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                                                                                         Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Proposed Rules                                                                               31513

                                                      Because the NRC considers this action                                    (c) The comment raises a relevant                                  publishing a final rule which added a
                                                      noncontroversial and routine, the NRC                                 issue that was not previously addressed                               new subpart K in part 72 of title 10 of
                                                      is publishing this proposed rule                                      or considered by the NRC staff.                                       the Code of Federal Regulations (10
                                                      concurrently with a direct final rule in                                 (2) The comment proposes a change                                  CFR) entitled, ‘‘General License for
                                                      the Rules and Regulations section of this                             or an addition to the rule, and it is                                 Storage of Spent Fuel at Power Reactor
                                                      issue of the Federal Register. Adequate                               apparent that the rule would be                                       Sites’’ (55 FR 29181; July 18, 1990). A
                                                      protection of public health and safety                                ineffective or unacceptable without                                   general license authorizes a reactor
                                                      continues to be ensured.                                              incorporation of the change or addition.                              licensee to store spent fuel in NRC-
                                                         The direct final rule will become                                     (3) The comment causes the NRC staff                               approved casks at a site that is licensed
                                                      effective on September 20, 2017.                                      to make a change (other than editorial)                               to operate a power reactor under 10 CFR
                                                      However, if the NRC receives significant                              to the rule, CoC, or technical                                        parts 50 or 52. This rule also established
                                                      adverse comments on this proposed rule                                specifications.                                                       a new subpart L in 10 CFR part 72
                                                                                                                               For additional procedural information                              entitled, ‘‘Approval of Spent Fuel
                                                      by August 7, 2017, then the NRC will
                                                                                                                            and the regulatory analysis, see the                                  Storage Casks,’’ which contains
                                                      publish a document that withdraws the
                                                                                                                            direct final rule published in the Rules                              procedures and criteria for obtaining
                                                      direct final rule. If the direct final rule
                                                                                                                            and Regulations section of this issue of                              NRC approval of spent fuel storage cask
                                                      is withdrawn, the NRC will address the
                                                                                                                            the Federal Register.                                                 designs. The NRC subsequently issued a
                                                      comments received in response to these
                                                                                                                                                                                                  final rule on April 7, 1993 (58 FR
                                                      proposed revisions in a subsequent final                              III. Background
                                                                                                                                                                                                  17967), that approved the VSC–24 Cask
                                                      rule. Absent significant modifications to                               Section 218(a) of the Nuclear Waste                                 System design effective May 7, 1993,
                                                      the proposed revisions requiring                                      Policy Act (NWPA) of 1982, as                                         and added it to the list of NRC-approved
                                                      republication, the NRC will not initiate                              amended, requires that ‘‘the Secretary                                cask designs in 10 CFR 72.214 as CoC
                                                      a second comment period on this action                                [of the Department of Energy] shall                                   No. 1007.
                                                      in the event the direct final rule is                                 establish a demonstration program, in
                                                      withdrawn.                                                            cooperation with the private sector, for                              IV. Plain Writing
                                                         A significant adverse comment is a                                 the dry storage of spent nuclear fuel at                                The Plain Writing Act of 2010 (Pub.
                                                      comment where the commenter                                           civilian nuclear power reactor sites,                                 L. 111–274) requires Federal agencies to
                                                      explains why the rule would be                                        with the objective of establishing one or                             write documents in a clear, concise,
                                                      inappropriate, including challenges to                                more technologies that the [Nuclear                                   well-organized manner that also follows
                                                      the rule’s underlying premise or                                      Regulatory] Commission may, by rule,                                  other best practices appropriate to the
                                                      approach, or would be ineffective or                                  approve for use at the sites of civilian                              subject or field and the intended
                                                      unacceptable without a change. A                                      nuclear power reactors without, to the                                audience. The NRC has written this
                                                      comment is adverse and significant if:                                maximum extent practicable, the need                                  document to be consistent with the
                                                         (1) The comment opposes the rule and                               for additional site-specific approvals by                             Plain Writing Act as well as the
                                                      provides a reason sufficient to require a                             the Commission.’’ Section 133 of the                                  Presidential Memorandum, ‘‘Plain
                                                      substantive response in a notice-and-                                 NWPA states, in part, that ‘‘[the                                     Language in Government Writing,’’
                                                      comment process. For example, a                                       Commission] shall, by rule, establish                                 published June 10, 1998 (63 FR 31883).
                                                      substantive response is required when:                                procedures for the licensing of any                                   The NRC requests comment on the
                                                                                                                            technology approved by the                                            proposed rule with respect to the clarity
                                                         (a) The comment causes the NRC staff                               Commission under Section 219(a) [sic:                                 and effectiveness of the language used.
                                                      to reevaluate (or reconsider) its position                            218(a)] for use at the site of any civilian
                                                      or conduct additional analysis;                                       nuclear power reactor.’’                                              V. Availability of Documents
                                                         (b) The comment raises an issue                                      To implement this mandate, the                                        The documents identified in the
                                                      serious enough to warrant a substantive                               Commission approved dry storage of                                    following table are available to
                                                      response to clarify or complete the                                   spent nuclear fuel in NRC-approved                                    interested persons through one or more
                                                      record; or                                                            casks under a general license by                                      of the following methods, as indicated.

                                                                                                                                                                                                                                                ADAMS
                                                                                                                                                                                                                                             Accession No./
                                                                                                                                        Document                                                                                                Federal
                                                                                                                                                                                                                                               Register
                                                                                                                                                                                                                                                Citation

                                                      Proposed CoC No. 1007 Renewal, Initial Issuance .........................................................................................................................              ML16057A127
                                                      Proposed Technical Specification (TS), Attachment A, CoC No. 1007 Renewal, Initial Issuance .................................................                                          ML16057A139
                                                      Proposed CoC No. 1007 Renewal, Amendment 1 ..........................................................................................................................                  ML16057A189
                                                      Proposed TS, Attachment A, Amendment 1 ....................................................................................................................................            ML16057A211
                                                      Proposed CoC No. 1007 Renewal, Amendment 2 ..........................................................................................................................                  ML16057A216
                                                      Proposed TS, Attachment A, Amendment 2 ....................................................................................................................................            ML16057A322
                                                      Proposed CoC No. 1007 Renewal, Amendment 3 ..........................................................................................................................                  ML16057A333
                                                      Proposed TS, Attachment A, Amendment 3 ....................................................................................................................................            ML16057A358
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                                                      Proposed CoC No. 1007 Renewal, Amendment 4 ..........................................................................................................................                  ML16057A449
                                                      Proposed TS, Attachment A, Amendment 4 ....................................................................................................................................            ML16057A511
                                                      Proposed CoC No. 1007 Renewal, Amendment 5 ..........................................................................................................................                  ML16057A593
                                                      Proposed TS, Attachment A, Amendment 5 ....................................................................................................................................            ML16057A600
                                                      Proposed CoC No. 1007 Renewal, Amendment 6 ..........................................................................................................................                  ML16057A617
                                                      Proposed TS, Attachment A, Amendment 6 ....................................................................................................................................            ML16057A630
                                                      Preliminary Safety Evaluation Report ...............................................................................................................................................   ML16057A667
                                                      Final Safety Analysis Report for the VSC–24 Ventilated Storage Cask System ............................................................................                                ML060810682
                                                      NUREG–1092, ‘‘Environmental Assessment for 10 CFR Part 72—Licensing Requirements for the Independent Storage of                                                                        ML091050510
                                                        Spent Fuel and High-Level Radioactive Waste’’.



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                                                      31514                           Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Proposed Rules

                                                                                                                                                                                                                                   ADAMS
                                                                                                                                                                                                                                Accession No./
                                                                                                                                  Document                                                                                         Federal
                                                                                                                                                                                                                                  Register
                                                                                                                                                                                                                                   Citation

                                                      Proposed Rule, ‘‘Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive                                                      51 FR 19106
                                                        Waste’’.
                                                      Environmental Assessment and Finding of No Significant Impact for Proposed Rule Entitled ‘‘Storage of Spent Nuclear Fuel in                                               54 FR 19379
                                                        NRC-Approved Storage Casks at Nuclear Power Reactor Sites’’.
                                                      Final Rule, ‘‘Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites’’ ...................................................                            55 FR 29181
                                                      Final Rule, ‘‘License and Certificate of Compliance Terms’’ ...........................................................................................................   76 FR 8872



                                                         The NRC may post materials related                            141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),                      SAR Title: Final Safety Analysis
                                                      to this document, including public                               10152, 10153, 10154, 10155, 10157, 10161,                        Report for the VSC–24 Ventilated
                                                      comments, on the Federal Rulemaking                              10165(g), 10168, 10198(a)); 44 U.S.C. 3504                       Storage Cask System.
                                                      Web site at http://www.regulations.gov                           note.                                                              Docket Number: 72–1007.
                                                      under Docket ID NRC–2016–0138. The                               ■ 2. In § 72.214, Certificate of                                   Renewed Certificate Expiration Date:
                                                      Federal Rulemaking Web site allows                               Compliance 1007 is revised to read as                            May 7, 2053.
                                                      you to receive alerts when changes or                            follows:                                                           Model Number: VSC–24.
                                                      additions occur in a docket folder. To                                                                                            *    *      *   *     *
                                                      subscribe: (1) Navigate to the docket                            § 72.214 List of approved spent fuel
                                                                                                                       storage casks.                                                     Dated at Rockville, Maryland, this 31st day
                                                      folder (NRC–2016–0138); (2) click the                                                                                             of May 2017.
                                                      ‘‘Sign up for Email Alerts’’ link; and (3)                       *      *     *     *     *
                                                                                                                                                                                          For the Nuclear Regulatory Commission.
                                                      enter your email address and select how                             Certificate Number: 1007.
                                                                                                                                                                                        Michael R. Johnson,
                                                      frequently you would like to receive                                Initial Certificate Effective Date: May
                                                      emails (daily, weekly, or monthly).                              7, 1993, superseded by Renewed Initial                           Acting Executive Director for Operations.
                                                                                                                       Certificate, on September 20, 2017.                              [FR Doc. 2017–14290 Filed 7–6–17; 8:45 am]
                                                      List of Subjects in 10 CFR Part 72
                                                                                                                          Renewed Initial Certificate Effective                         BILLING CODE 7590–01–P
                                                         Administrative practice and                                   Date: September 20, 2017.
                                                      procedure, Criminal penalties,                                      Amendment Number 1 Effective Date:
                                                      Hazardous waste, Indians,                                        May 30, 2000, superseded by Renewed                              FEDERAL HOUSING FINANCE
                                                      Intergovernmental relations, Manpower                            Amendment Number 1, on September                                 AGENCY
                                                      training programs, Nuclear energy,                               20, 2017.
                                                      Nuclear materials, Occupational safety                              Renewed Amendment Number 1                                    12 CFR Part 1282
                                                      and health, Penalties, Radiation                                 Effective Date: September 20, 2017.                              RIN 2590–AA81
                                                      protection, Reporting and recordkeeping                             Amendment Number 2 Effective Date:
                                                      requirements, Security measures, Spent                           September 5, 2000, superseded by                                 2018–2020 Enterprise Housing Goals
                                                      fuel, Whistleblowing.                                            Renewed Amendment Number 2, on
                                                         For the reasons set out in the                                                                                                 Correction
                                                                                                                       September 20, 2017.
                                                      preamble and under the authority of the                             Renewed Amendment Number 2                                       Proposed Rule document 2017–14039
                                                      Atomic Energy Act of 1954, as amended;                           Effective Date: September 20, 2017.                              appearing on pages 31009 through
                                                      the Energy Reorganization Act of 1974,                              Amendment Number 3 Effective Date:                            31030 in the issue of Wednesday, July
                                                      as amended; the Nuclear Waste Policy                             May 21, 2001, superseded by Renewed                              5, 2017 was withdrawn from public
                                                      Act of 1982, as amended; and 5 U.S.C.                            Amendment Number 3, on September                                 inspection and published in error. It
                                                      552 and 553; the NRC is proposing to                             20, 2017.                                                        should be removed.
                                                      adopt the following amendments to 10                                Renewed Amendment Number 3                                    [FR Doc. C1–2017–14039 Filed 7–6–17; 8:45 am]
                                                      CFR part 72.                                                     Effective Date: September 20, 2017.                              BILLING CODE 1301–00–D

                                                      PART 72—LICENSING                                                   Amendment Number 4 Effective Date:
                                                      REQUIREMENTS FOR THE                                             February 3, 2003, superseded by
                                                                                                                       Renewed Amendment Number 4, on                                   FEDERAL HOUSING FINANCE
                                                      INDEPENDENT STORAGE OF SPENT                                                                                                      AGENCY
                                                      NUCLEAR FUEL, HIGH–LEVEL                                         September 20, 2017.
                                                      RADIOACTIVE WASTE, AND                                              Renewed Amendment Number 4
                                                                                                                       Effective Date: September 20, 2017.                              12 CFR Part 1282
                                                      REACTOR–RELATED GREATER THAN
                                                      CLASS C WASTE                                                       Amendment Number 5 Effective Date:                            RIN 2590–AA81
                                                                                                                       September 13, 2005, superseded by
                                                      ■ 1. The authority citation for part 72                          Renewed Amendment Number 5, on                                   2018–2020 Enterprise Housing Goals
                                                      continues to read as follows:                                    September 20, 2017.                                              AGENCY:  Federal Housing Finance
                                                                                                                          Renewed Amendment Number 5
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                                                        Authority: Atomic Energy Act of 1954,                                                                                           Agency.
                                                      secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,                  Effective Date: September 20, 2017.                              ACTION: Proposed rule.
                                                      183, 184, 186, 187, 189, 223, 234, 274 (42                          Amendment Number 6 Effective Date:
                                                      U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,                       June 5, 2006, superseded by Renewed                              SUMMARY:   The Federal Housing Finance
                                                      2099, 2111, 2201, 2210e, 2232, 2233, 2234,                       Amendment Number 6, on September                                 Agency (FHFA) is issuing a proposed
                                                      2236, 2237, 2238, 2273, 2282, 2021); Energy                      20, 2017.                                                        rule with request for comments on the
                                                      Reorganization Act of 1974, secs. 201, 202,
                                                      206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);                        Renewed Amendment Number 6                                    housing goals for Fannie Mae and
                                                      National Environmental Policy Act of 1969                        Effective Date: September 20, 2017.                              Freddie Mac (the Enterprises) for 2018
                                                      (42 U.S.C. 4332); Nuclear Waste Policy Act                          SAR Submitted by:                                             through 2020. The Federal Housing
                                                      of 1982, secs. 117(a), 132, 133, 134, 135, 137,                  EnergySolutionsTM Corporation.                                   Enterprises Financial Safety and


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Document Created: 2017-07-07 02:19:52
Document Modified: 2017-07-07 02:19:52
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 August 7, 2017. 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, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415- 5175; email: [email protected]
FR Citation82 FR 31512 
RIN Number3150-AJ78
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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