82 FR 57819 - List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewal of Initial Certificate and Amendment Nos. 1 Through 11 and 13, Revision 1, and 14

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 235 (December 8, 2017)

Page Range		57819-57821
FR Document		2017-26508

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of December 11, 2017, for the direct final rule that was published in the Federal Register on September 27, 2017. This direct final rule amended the NRC's spent fuel storage regulations by revising the Standardized NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] System) listing within the ``List of approved spent fuel storage casks'' to renew, for an additional 40-year period, the initial certificate and Amendment Nos. 1 through 11 and 13, Revision 1, and Amendment No. 14 of Certificate of Compliance (CoC) No. 1004. These changes require, among other things, that all future amendments and revisions to this CoC include evaluations of the impacts to aging management activities (i.e., time-limited aging analyses (TLAAs) and aging management programs (AMPs)) to ensure that they remain adequate to timely identify any changes to spent fuel storage cask systems, structures, and components (SSCs) within the scope of the renewal.

Federal Register, Volume 82 Issue 235 (Friday, December 8, 2017)

[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57819-57821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26508]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / 
Rules and Regulations

[[Page 57819]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2017-0138]
RIN 3150-AK05


 List of Approved Spent Fuel Storage Casks: TN Americas LLC, 
Standardized NUHOMS[supreg] Horizontal Modular Storage System, 
Certificate of Compliance No. 1004, Renewal of Initial Certificate and 
Amendment Nos. 1 Through 11 and 13, Revision 1, and 14

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; confirmation of effective date.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the 
effective date of December 11, 2017, for the direct final rule that was 
published in the Federal Register on September 27, 2017. This direct 
final rule amended the NRC's spent fuel storage regulations by revising 
the Standardized NUHOMS[supreg] Horizontal Modular Storage System 
(NUHOMS[supreg] System) listing within the ``List of approved spent 
fuel storage casks'' to renew, for an additional 40-year period, the 
initial certificate and Amendment Nos. 1 through 11 and 13, Revision 1, 
and Amendment No. 14 of Certificate of Compliance (CoC) No. 1004. These 
changes require, among other things, that all future amendments and 
revisions to this CoC include evaluations of the impacts to aging 
management activities (i.e., time-limited aging analyses (TLAAs) and 
aging management programs (AMPs)) to ensure that they remain adequate 
to timely identify any changes to spent fuel storage cask systems, 
structures, and components (SSCs) within the scope of the renewal.

DATES: Effective date: The effective date of December 11, 2017, for the 
direct final rule published September 27, 2017 (82 FR 44879), is 
confirmed.

ADDRESSES: Please refer to Docket ID NRC-2017-0138 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-2017-0138. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at 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]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time it is mentioned in the 
SUPPLEMENTARY INFORMATION 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.

FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6825; email: 
[email protected], or Robert D. MacDougall, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-5175; email: 
[email protected]. Both are staff of the U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Discussion

    On September 27, 2017 (82 FR 44879), the NRC published a direct 
final rule amending its spent fuel storage regulations in part 72 of 
title 10 of the Code of Federal Regulations (10 CFR) by revising the 
NUHOMS[supreg] System listing within the ``List of approved spent fuel 
storage casks'' to renew, for an additional 40-year period, the initial 
certificate and Amendment Nos. 1 through 11 and 13, Revision 1, and 
Amendment No. 14 of CoC No. 1004. These changes require, among other 
things, that all future amendments and revisions to this CoC include 
evaluations of impacts on TLAAs and AMPs to ensure that they remain 
adequate to timely identify any changes to spent fuel storage cask SSCs 
within the scope of the renewal.

II. Public Comments on the Companion Proposed Rule

    In the direct final rule, the NRC stated that if no significant 
adverse comments were received, the direct final rule would become 
effective on December 11, 2017. The NRC received one comment submission 
on the companion proposed rule (82 FR 44971). An electronic copy of 
this submission can be obtained from the Federal Rulemaking Web site, 
http://www.regulations.gov, by searching for Docket ID NRC-2017-0138. 
The comment submission also is available in ADAMS under Accession No. 
ML17303A026. For the reasons discussed in more detail in Section III, 
``Public Comment Analysis,'' of this document, none of the comments 
contained in the submission are considered significant adverse 
comments.

III. Public Comment Analysis

    The NRC received one comment submission on the proposed rule from 
FirstEnergy Nuclear Operating Company (FENOC). The submission contained 
three comments styled as ``comment/questions.'' As explained in the 
September 27, 2017, direct final rule, the NRC would withdraw the 
direct final rule only if it received a ``significant adverse 
comment.'' This is a comment where the commenter explains why the rule 
would be inappropriate, challenges its underlying premise or approach, 
or shows why it 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:

[[Page 57820]]

    (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; or
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or technical specifications (TSs).
    In this instance, the NRC determined that none of the comments 
submitted on the proposed rule are significant adverse comments. The 
comments either were already addressed by the NRC staff's safety 
evaluation report (SER) (ADAMS Accession No. ML17131A121), or did not 
oppose the rule. The NRC has not made any changes to the direct final 
rule as a result of the public comments. However, the NRC is taking 
this opportunity to respond to the comments in an effort to clarify 
information about the direct final rule. The comments and the NRC's 
responses follow.

Comment 1

    The commenter questioned why the proposed renewal of CoC No. 1004 
includes a timeframe of 180 days for each general licensee (GL) to 
establish and implement its AMP procedures, which is shorter than the 
timeframe of 300 days that was granted for the renewal of CoC No. 1007. 
The commenter stated that the 180-day implementation period poses a 
hardship upon GLs with older spent fuel storage systems.

NRC Response

    This comment did not raise an issue that was previously unaddressed 
by the NRC staff. During its review of the renewal application for CoC 
No. 1004, the NRC staff considered the appropriate timeframe for 
implementation of the AMP procedures. As stated in the SER, ``[t]he 
timeframe [of 180 days] in the condition is to ensure operating 
procedures are developed in a timely manner and is consistent with 
conditions placed in specific licenses that have been renewed.'' 
Specifically, the 180-day timeframe was successfully used for the 
renewals of the specific licenses under 10 CFR part 72 for the Prairie 
Island and Calvert Cliffs Independent Spent Fuel Storage Installations 
(ISFSIs).
    The 180-day timeframe is also consistent with the guidance in 
NUREG-1927, Rev. 1, ``Standard Review Plan for Renewal of Spent Fuel 
Dry Cask Storage System Licenses and Certificates of Compliance.'' The 
commenter points to a statement in the NUREG that ``the development of 
the infrastructure for AMP implementation generally should be no later 
than one year,'' from the date of renewal; however, this does not 
preclude a shorter timeframe. The cask vendor, TN Americas LLC (TN), is 
preparing the AMP procedures for the GLs as an update to TN's Final 
Safety Analysis Report, and plans to provide these procedures within 90 
days after the effective date of the renewal. This will allow at least 
an additional 90 days for the affected GLs to implement the procedures. 
Accordingly, the comment has not caused the NRC to reevaluate its 
position that a timeframe of 180 days is sufficient for AMP 
implementation.
    The comment questions why the AMP implementation timeframe for the 
renewed NUHOMS[supreg] CoC is shorter than that for the renewal of CoC 
No. 1007 for the EnergySolutions\TM\ Corporation's VSC-24 Ventilated 
Storage Cask System (82 FR 31433). During the NRC's review of the CoC 
No. 1007 renewal application, the cask vendor requested that the NRC 
consider an implementation timeframe of 300 days instead of 180 days 
after the effective date of the renewal. In that case, the NRC 
determined that the additional time for implementation was reasonable 
because CoC No. 1007 was the first CoC to go through the CoC renewal 
process for GLs. During its review of the renewal application for CoC 
No. 1004, the NRC staff was aware that the renewed CoC No. 1007, as the 
first-of-its-kind GL CoC renewal, included more time for AMP 
implementation. The staff determined that the special circumstances 
considered for CoC No. 1007 were not present for CoC No. 1004. 
Accordingly, this comment does not raise a relevant issue that was not 
previously addressed or considered by the NRC staff.
    This comment does not meet the criteria for consideration as a 
significant adverse comment. The comment did not cause the NRC staff to 
reevaluate or reconsider its position or conduct additional analysis. 
Nor did the comment cause the NRC staff to make any change to the rule, 
CoC, or TSs. To the extent that the comment can be interpreted as 
requesting a change to the rule, i.e., a longer timeframe for 
implementation of the AMP procedures, the comment does not show that 
the rule would be ineffective or unacceptable without incorporation of 
the change.

Comment 2

    The commenter questioned whether the words ``implement these 
written procedures within 180 days'' mean that all required AMP 
inspections must be performed and the results reported within 180 days.

NRC Response

    The answer to the commenter's question is no. Implementing the 
written procedures does not mean that an affected GL must perform all 
the SSC inspections required by its AMP and report the results of its 
inspections within the 180-day implementation period.
    This comment does not meet the criteria for consideration as a 
significant adverse comment. The comment does not oppose the rule, and 
it did not cause the NRC staff to reevaluate or reconsider its position 
or conduct additional analysis. Nor did the comment cause the NRC staff 
to make any change to the rule, CoC, or TSs.

Comment 3

    The commenter asked if the language in the revised TSs that 
``[e]ach general licensee shall have a program to establish, implement, 
and maintain written procedures . . .'' applies to all GLs, including 
those that have only recently begun loading casks under CoC No. 1004. 
The commenter further asked if a site that began loading casks in 2014 
would be required to have the ISFSI AMP procedure in place after 180 
days.

NRC Response

    Under the renewed CoC, each GL using NUHOMS[supreg] systems will be 
required to have a program with approved written AMP procedures in 
place within 180 days after the effective date of the renewal, or 180 
days after the 20th anniversary of the loading of the first dry storage 
system at its site, whichever is later. Thus, if a particular ISFSI has 
casks that were loaded in 2014, these casks would not be required to 
have AMP procedures in place until 2034 at the earliest.
    This comment does not meet the criteria for consideration as a 
significant adverse comment. The comment did not oppose the rule, and 
it did not cause the NRC staff to reevaluate or reconsider its position 
or conduct additional analysis. Nor did the comment cause the NRC staff 
to make any change to the rule, CoC, or TSs.
    Therefore, because no significant adverse comments were received, 
this direct final rule will become effective as

[[Page 57821]]

scheduled on December 11, 2017. The final CoC, TS, and SER can be 
viewed in ADAMS under Accession No. ML17338A091.

    Dated at Rockville, Maryland, this 5th day of December 2017.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of 
Rulemaking, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-26508 Filed 12-7-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations 57821

scheduled on December 11, 2017. The Operations, U.S. Customs and Border adjusted penalties were effective for
final CoC, TS, and SER can be viewed Protection. Phone: (202) 325–4291. civil penalties assessed after August 1,
in ADAMS under Accession No. SUPPLEMENTARY INFORMATION: 2016 (the effective date of the IFR)
ML17338A091. whose associated violations occurred
I. Statutory and Regulatory Background after November 2, 2015 (the date of
Dated at Rockville, Maryland, this 5th day
of December 2017. On November 2, 2015, the President enactment of the 2015 Act).3 On January
For the Nuclear Regulatory Commission. signed into law the Federal Civil 27, 2017, DHS published a final rule
Cindy K. Bladey, Penalties Inflation Adjustment Act adopting as final the civil monetary
Improvements Act of 2015 (Pub. L. 114– penalty adjustment methodology from
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking, 74 section 701 (Nov. 2, 2015)) (2015 the IFR and making the 2017 annual
Office of Nuclear Material Safety and Act).1 The 2015 Act amended the inflation adjustment pursuant to the
Safeguards. Federal Civil Penalties Inflation 2015 Act and upon guidance OMB
[FR Doc. 2017–26508 Filed 12–7–17; 8:45 am] Adjustment Act of 1990 (28 U.S.C. 2461 issued to agencies on December 16,
BILLING CODE 7590–01–P note) (1990 Inflation Adjustment Act) to 2016.4 See 82 FR 8571.
improve the effectiveness of civil As discussed in Section II below,
monetary penalties and to maintain three civil monetary penalties assessed
DEPARTMENT OF HOMELAND their deterrent effect. The 2015 Act by CBP and subject to the 2015 Act were
SECURITY required agencies to: (1) Adjust the level inadvertently omitted from these DHS
of civil monetary penalties with an rulemakings.
U.S. Customs and Border Protection initial ‘‘catch-up’’ adjustment through
issuance of an interim final rule (IFR) II. CBP Penalties
19 CFR Part 4 and (2) make subsequent annual CBP assesses or enforces penalties
adjustments for inflation. Through the under various titles of the Unites States
[CBP Dec. 17–20] ‘‘catch-up’’ adjustment, agencies were Code (U.S.C.) and the Code of Federal
RIN 1651–AB15 required to adjust the maximum Regulations (CFR). These penalties
amounts of civil monetary penalties to include civil monetary penalties for
Civil Monetary Penalty Adjustments for more accurately reflect inflation rates. certain violations of title 8 of the CFR
Inflation The 2015 Act directed the Office of pursuant to the Immigration and
Management and Budget (OMB) to issue Nationality Act of 1952,5 as well as
AGENCY: U.S. Customs and Border guidance to agencies on implementing certain civil monetary penalties for
Protection, DHS. the initial ‘‘catch-up’’ adjustment. The customs violations for laws codified in
ACTION: Final rule. 2015 Act required that agencies publish title 19 of the U.S.C. and the CFR. CBP
their IFRs in the Federal Register no assesses many of the title 19 penalties
SUMMARY: This rule amends U.S. later than July 1, 2016 and that the
Customs and Border Protection (CBP) under the Tariff Act of 1930, as
adjusted amounts were to take effect no amended, and as discussed in the IFR
regulations to adjust for inflation the later than August 1, 2016.
amounts that CBP can assess as civil preamble at 81 FR 42987, the 2015 Act
For the subsequent annual specifically exempts Tariff Act penalties
monetary penalties for the following adjustments, the 2015 Act requires
three violations—transporting from the inflation adjustment
agencies to increase the penalty requirements in the 2015 Act. For that
passengers between coastwise points in amounts by a cost-of-living adjustment.
the United States by a non-coastwise reason, DHS did not list those penalties
The 2015 Act directs OMB to provide in the tables of CBP penalty adjustments
qualified vessel; towing a vessel guidance to agencies each year to assist
between coastwise points in the United in the DHS rulemakings. There are also
agencies in making the annual various other monetary penalties found
States by a non-coastwise qualified adjustments. The 2015 Act requires
vessel; and dealing in or using an empty throughout the U.S.C. and CFR which
agencies to make the annual CBP may seek to issue or enforce but
stamped imported liquor container after adjustments no later than January 15 of
it has already been used once. These which were not included in the tables
each year and to publish the because they fall within the purview of
adjustments are being made in in adjustments in the Federal Register.
accordance with the Federal Civil The Department of Homeland
Penalties Inflation Adjustment Act whitehouse.archives.gov/sites/default/files/omb/
Security (DHS) undertook a review of memoranda/2016/m-16-06.pdf.
Improvements Act of 2015 (2015 Act) the civil penalties that DHS and its 3 DHS published a correction to the IFR on
which was enacted on November 2, components administer to determine August 23, 2016 to correct one amendatory
2015. Other CBP civil penalty amounts which penalties would need instruction. See 81 FR 57442.
were adjusted pursuant to this 2015 Act adjustments. On July 1, 2016, DHS
4 OMB, Implementation of the 2017 annual

in previously published rule documents adjustment pursuant to the Federal Civil Penalties
published an IFR adjusting the civil Inflation Adjustment Act Improvements Act of
published in the Federal Register on monetary penalties with an initial 2015, December 16, 2016. https://obama
July 1, 2016, and January 27, 2017, but ‘‘catch-up’’ adjustment, as required by whitehouse.archives.gov/sites/default/files/omb/
the adjustments for these three civil the 2015 Act. See 81 FR 42987. DHS
memoranda/2017/m-17-11_0.pdf.
5 Public Law 82–414, as amended (INA). The INA
penalties were inadvertently left out of calculated the adjusted penalties based contains provisions that impose penalties on
those documents. upon nondiscretionary provisions in the persons, including carriers and aliens, who violate
DATES: This rule is effective on 2015 Act and upon guidance issued by specified provisions of the INA. While CBP is
sradovich on DSK3GMQ082PROD with RULES

December 8, 2017. The adjusted penalty responsible for enforcing various provisions of the
OMB on February 24, 2016.2 The INA and assessing penalties for violations of those
amounts will be applicable for penalties provisions, all the penalty amounts CBP can assess
assessed after December 8, 2017 if the 1 The 2015 Act was enacted as part of the
for violations of the INA are set forth in one section
associated violations occurred after Bipartisan Budget Act of 2015, Public Law 114–74 of title 8 of the CFR—8 CFR 280.53. For a complete
November 2, 2015. (Nov. 2, 2015). list of the INA sections for which penalties are
2 OMB, Implementation of the Federal Civil assessed, in addition to a brief description of each
FOR FURTHER INFORMATION CONTACT: Penalties Inflation Adjustment Act Improvements violation, see the IFR preamble at 81 FR 42989–
Millie Gleason, Office of Field Act of 2015, February 24, 2016. https://obama 42990.

VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\08DER1.SGM 08DER1

Document Created: 2017-12-08 01:43:52
Document Modified: 2017-12-08 01:43:52

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; confirmation of effective date.
Dates		Effective date: The effective date of December 11, 2017, for the direct final rule published September 27, 2017 (82 FR 44879), is confirmed.
Contact		Christian Jacobs, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6825; email: [email protected], or Robert D. MacDougall, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-5175; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		82 FR 57819
RIN Number		3150-AK05