83 FR 55643 - List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS® System, Certificate of Compliance No. 1004, Renewed Amendment No. 15
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 216 (November 7, 2018)
Federal Register Volume 83, Issue 216 (November 7, 2018)
| Page Range | 55643-55646 | |
| FR Document | 2018-24256 |
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)] [Proposed Rules] [Pages 55643-55646] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24256] ======================================================================== 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. 83, No. 216 / Wednesday, November 7, 2018 / Proposed Rules [[Page 55643]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2018-0212] RIN 3150-AK16 List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS[supreg] System, Certificate of Compliance No. 1004, Renewed Amendment No. 15 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 TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] System) listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 15 to Certificate of Compliance No. 1004. Because this amendment is subsequent to the renewal of the TN Americas LLC Standardized NUHOMS[supreg] Certificate of Compliance 1004 system and, therefore, subject to the Aging Management Program requirements of the renewed certificate, it is referred to as ``Renewed Amendment No. 15.'' Renewed Amendment No. 15 would revise the Certificate of Compliance's technical specifications to: Unify and standardize fuel qualification tables; revise existing and add new heat load zoning configurations; increase the allowable maximum assembly average burnup; allow loading of damaged fuel assemblies under certain conditions; expand the definition of the poison rod assemblies to include rod cluster control assembly materials; allow other zirconium alloy cladding materials; add model OS197 as an authorized transfer cask; add the description for the solar shield in the updated final safety analysis report; and add flexibility to general licensees in verifying compliance regarding the storage pad location and the soil-structure interaction. Additionally, the rulemaking would make clarifications to rule text related to Certificate of Compliance No. 1004 by removing redundant language. DATES: Submit comments by December 7, 2018. Comments received after this date will be considered if it is practical to do so, but the NRC 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0212. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. Email comments to: Rulemaking.Comments@nrc.gov. 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: Christian Jacobs, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6825; email: Christian.Jacobs@nrc.gov or Edward M. Lohr, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-0253; email: Edward.Lohr@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 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-2018-0212 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0212. 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 pdr.resource@nrc.gov. 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-2018-0212 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 [[Page 55644]] 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 Renewed Amendment No. 15 to Certificate of Compliance 1004 and does not include other aspects of the TN Americas LLC Standardized NUHOMS[supreg] System design. Because the NRC considers this action non-controversial 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. The direct final rule will become effective on January 22, 2019. However, if the NRC receives significant adverse comments on this proposed rule by December 7, 2018, 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 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. (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 to make a change (other than editorial) to the rule. For 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 on December 22, 1994 (59 FR 65898), that approved the TN Americas LLC Standardized NUHOMS[supreg] System design and added it to the list of NRC-approved cask designs provided in Sec. 72.214 as Certificate of Compliance No. 1004. Most recently, on September 27, 2017 (82 FR 44879), the NRC issued a Renewal of the revised initial certificate and Amendment Nos. 1 through 11, 13 and 14. 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. 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 web link/Federal Register citation ------------------------------------------------------------------------ TN Americas LLC Request to Add Amendment No. 15 ML17094A714 (Package). to Certificate of Compliance No. 1004, letter dated March 28, 2017. Revision to TN Americas LLC Request to Add ML17202Q145. Amendment No. 15 to Certificate of Compliance No. 1004, letter dated July 18, 2017. Revision to TN Americas LLC Request to Add ML17363A276 (Package). Amendment No. 15 to Certificate of Compliance No. 1004, letter dated December 14, 2017. Revision to TN Americas LLC Request to Add ML18088A180. Amendment No. 15 to Certificate of Compliance No. 1004, letter dated March 22, 2018. TN Americas LLC Renewed Amendment No. 15 to ML18228A531. Certificate of Compliance No. 1004. Technical Specifications for TN Americas LLC ML18228A530. Renewed Amendment No. 15 to Certificate of Compliance No. 1004. Preliminary Safety Evaluation Report for TN ML18234A012. Americas LLC Renewed Amendment No. 15 to Certificate of Compliance No. 1004. ------------------------------------------------------------------------ [[Page 55645]] The NRC may post materials related to this document, including public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0212. The Federal Rulemaking website allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC-2018-0212); (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, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, 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 1004 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1004. Initial Certificate Effective Date: January 23, 1995, superseded by Initial Certificate, Revision 1, on April 25, 2017, superseded by Renewed Initial Certificate, Revision 1, on December 11, 2017. Renewed Initial Certificate, Revision 1, Effective Date: December 11, 2017. Amendment Number 1 Effective Date: April 27, 2000, superseded by Amendment Number 1, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 1, Revision 1, on December 11, 2017. Renewed Amendment Number 1, Revision 1, Effective Date: December 11, 2017. Amendment Number 2 Effective Date: September 5, 2000, superseded by Amendment Number 2, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 2, Revision 1, on December 11, 2017. Renewed Amendment Number 2, Revision 1, Effective Date: December 11, 2017. Amendment Number 3 Effective Date: September 12, 2001, superseded by Amendment Number 3, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 3, Revision 1, on December 11, 2017. Renewed Amendment Number 3, Revision 1, Effective Date: December 11, 2017. Amendment Number 4 Effective Date: February 12, 2002, superseded by Amendment Number 4, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 4, Revision 1, on December 11, 2017. Renewed Amendment Number 4, Revision 1, Effective Date: December 11, 2017. Amendment Number 5 Effective Date: January 7, 2004, superseded by Amendment Number 5, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 5, Revision 1, on December 11, 2017. Renewed Amendment Number 5, Revision 1, Effective Date: December 11, 2017. Amendment Number 6 Effective Date: December 22, 2003, superseded by Amendment Number 6, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 6, Revision 1, on December 11, 2017. Renewed Amendment Number 6, Revision 1, Effective Date: December 11, 2017. Amendment Number 7 Effective Date: March 2, 2004, superseded by Amendment Number 7, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 7, Revision 1, on December 11, 2017. Renewed Amendment Number 7, Revision 1, Effective Date: December 11, 2017. Amendment Number 8 Effective Date: December 5, 2005, superseded by Amendment Number 8, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 8, Revision 1, on December 11, 2017. Renewed Amendment Number 8, Revision 1, Effective Date: December 11, 2017. Amendment Number 9 Effective Date: April 17, 2007, superseded by Amendment Number 9, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 9, Revision 1, on December 11, 2017. Renewed Amendment Number 9, Revision 1, Effective Date: December 11, 2017. Amendment Number 10 Effective Date: August 24, 2009, superseded by Amendment Number 10, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 10, Revision 1, on December 11, 2017. Renewed Amendment Number 10, Revision 1, Effective Date: December 11, 2017. Amendment Number 11 Effective Date: January 7, 2014, superseded by Amendment Number 11, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 11, Revision 1, on December 11, 2017. Renewed Amendment Number 11, Revision 1, Effective Date: December 11, 2017, as corrected (ADAMS Accession No. ML18018A043). Amendment Number 12 Effective Date: Amendment not issued by the NRC. Amendment Number 13 Effective Date: May 24, 2014, superseded by Amendment Number 13, Revision 1, on April 25, 2017, superseded by Renewed Amendment Number 13, Revision 1, on December 11, 2017. Renewed Amendment Number 13, Revision 1, Effective Date: December 11, 2017, as corrected (ADAMS Accession No. ML18018A100). Amendment Number 14 Effective Date: April 25, 2017, superseded by Renewed Amendment Number 14, on December 11, 2017. Renewed Amendment Number 14 Effective Date: December 11, 2017. Renewed Amendment Number 15 Effective Date: January 22, 2019. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the Standardized NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear Fuel. Docket Number: 72-1004. Certificate Expiration Date: January 23, 2015. Renewed Certificate Expiration Date: January 23, 2055. Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, [[Page 55646]] -37PTH, -52B, -61BT, -61BTH, and -69BTH. * * * * * Dated at Rockville, Maryland, this 24th day of October 2018. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2018-24256 Filed 11-6-18; 8:45 am] BILLING CODE 7590-01-P
![55643
Proposed Rules Federal Register
Vol. 83, No. 216
Wednesday, November 7, 2018
This section of the FEDERAL REGISTER location and the soil-structure Table of Contents
contains notices to the public of the proposed interaction. Additionally, the I. Obtaining Information and Submitting
issuance of rules and regulations. The rulemaking would make clarifications to Comments
purpose of these notices is to give interested rule text related to Certificate of II. Rulemaking Procedure
persons an opportunity to participate in the Compliance No. 1004 by removing III. Background
rule making prior to the adoption of the final
rules.
redundant language. IV. Plain Writing
V. Availability of Documents
DATES: Submit comments by December
7, 2018. Comments received after this I. Obtaining Information and
NUCLEAR REGULATORY date will be considered if it is practical Submitting Comments
COMMISSION to do so, but the NRC is able to ensure
A. Obtaining Information
consideration only for comments
10 CFR Part 72 received on or before this date. Please refer to Docket ID NRC–2018–
[NRC–2018–0212] 0212 when contacting the NRC about
ADDRESSES: You may submit comments
the availability of information for this
RIN 3150–AK16 by any of the following methods:
action. You may obtain publicly-
• Federal Rulemaking Website: Go to available information related to this
List of Approved Spent Fuel Storage http://www.regulations.gov and search
Casks: TN Americas LLC, action by any of the following methods:
for Docket ID NRC–2018–0212. Address • Federal Rulemaking Website: Go to
Standardized NUHOMS® System, questions about NRC dockets to Carol
Certificate of Compliance No. 1004, http://www.regulations.gov and search
Gallagher; telephone: 301–415–3463; for Docket ID NRC–2018–0212.
Renewed Amendment No. 15 email: Carol.Gallagher@nrc.gov. For • NRC’s Agencywide Documents
AGENCY: Nuclear Regulatory technical questions, contact the Access and Management System
Commission. individuals listed in the FOR FURTHER (ADAMS): You may obtain publicly-
ACTION: Proposed rule. INFORMATION CONTACT section of this available documents online in the
document. ADAMS Public Documents collection at
SUMMARY: The U.S. Nuclear Regulatory • Email comments to: http://www.nrc.gov/reading-rm/
Commission (NRC) is proposing to Rulemaking.Comments@nrc.gov. If you adams.html. To begin the search, select
amend its spent fuel storage regulations do not receive an automatic email reply ‘‘ADAMS Public Documents’’ and then
by revising the TN Americas LLC confirming receipt, then contact us at select ‘‘Begin Web-based ADAMS
Standardized NUHOMS® Horizontal 301–415–1677. Search.’’ For problems with ADAMS,
Modular Storage System (NUHOMS® • Fax comments to: Secretary, U.S. please contact the NRC’s Public
System) listing within the ‘‘List of Nuclear Regulatory Commission at 301– Document Room (PDR) reference staff at
approved spent fuel storage casks’’ to 415–1101. 1–800–397–4209, 301–415–4737, or by
include Renewed Amendment No. 15 to email to pdr.resource@nrc.gov. For the
Certificate of Compliance No. 1004. • Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission, convenience of the reader, instructions
Because this amendment is subsequent about obtaining materials referenced in
to the renewal of the TN Americas LLC Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff. this document are provided in the
Standardized NUHOMS® Certificate of ‘‘Availability of Documents’’ section.
Compliance 1004 system and, therefore, • Hand deliver comments to: 11555 • NRC’s PDR: You may examine and
subject to the Aging Management Rockville Pike, Rockville, Maryland purchase copies of public documents at
Program requirements of the renewed 20852, between 7:30 a.m. and 4:15 p.m. the NRC’s PDR, Room O1–F21, One
certificate, it is referred to as ‘‘Renewed (Eastern Time) Federal workdays; White Flint North, 11555 Rockville
Amendment No. 15.’’ Renewed telephone: 301–415–1677. Pike, Rockville, Maryland 20852.
Amendment No. 15 would revise the For additional direction on obtaining
Certificate of Compliance’s technical information and submitting comments, B. Submitting Comments
specifications to: Unify and standardize see ‘‘Obtaining Information and Please include Docket ID NRC–2018–
fuel qualification tables; revise existing Submitting Comments’’ in the 0212 in your comment submission.
and add new heat load zoning SUPPLEMENTARY INFORMATION section of The NRC cautions you not to include
configurations; increase the allowable this document. identifying or contact information that
maximum assembly average burnup; FOR FURTHER INFORMATION CONTACT:
you do not want to be publicly
allow loading of damaged fuel Christian Jacobs, Office of Nuclear disclosed in your comment submission.
assemblies under certain conditions; Material Safety and Safeguards; The NRC will post all comment
expand the definition of the poison rod telephone: 301–415–6825; email: submissions at http://
assemblies to include rod cluster control Christian.Jacobs@nrc.gov or Edward M. www.regulations.gov as well as enter the
amozie on DSK3GDR082PROD with PROPOSALS1
assembly materials; allow other Lohr, Office of Nuclear Material Safety comment submissions into ADAMS.
zirconium alloy cladding materials; add and Safeguards; telephone: 301–415– The NRC does not routinely edit
model OS197 as an authorized transfer 0253; email: Edward.Lohr@nrc.gov. Both comment submissions to remove
cask; add the description for the solar are staff of the U.S. Nuclear Regulatory identifying or contact information.
shield in the updated final safety Commission, Washington, DC 20555– If you are requesting or aggregating
analysis report; and add flexibility to 0001. comments from other persons for
general licensees in verifying submission to the NRC, then you should
compliance regarding the storage pad SUPPLEMENTARY INFORMATION: inform those persons not to include
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![55644 Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Proposed Rules
identifying or contact information that comment process. For example, a To implement this mandate, the
they do not want to be publicly substantive response is required when: Commission approved dry storage of
disclosed in their comment submission. (a) The comment causes the NRC to spent nuclear fuel in NRC-approved
Your request should state that the NRC reevaluate (or reconsider) its position or casks under a general license by
does not routinely edit comment conduct additional analysis; publishing a final rule which added a
submissions to remove such information (b) The comment raises an issue new subpart K in part 72 of title 10 of
before making the comment serious enough to warrant a substantive the Code of Federal Regulations (10
submissions available to the public or response to clarify or complete the CFR) entitled ‘‘General License for
entering the comment into ADAMS. record; or Storage of Spent Fuel at Power Reactor
(c) The comment raises a relevant
II. Rulemaking Procedure Sites’’ (55 FR 29181; July 18, 1990). This
issue that was not previously addressed
rule also established a new subpart L in
This proposed rule is limited to the or considered by the NRC.
(2) The comment proposes a change 10 CFR part 72 entitled ‘‘Approval of
changes contained in Renewed
or an addition to the rule, and it is Spent Fuel Storage Casks,’’ which
Amendment No. 15 to Certificate of
Compliance 1004 and does not include apparent that the rule would be contains procedures and criteria for
other aspects of the TN Americas LLC ineffective or unacceptable without obtaining NRC approval of spent fuel
Standardized NUHOMS® System incorporation of the change or addition. storage cask designs. The NRC
design. Because the NRC considers this (3) The comment causes the NRC to subsequently issued a final rule on
action non-controversial and routine, make a change (other than editorial) to December 22, 1994 (59 FR 65898), that
the NRC is publishing this proposed the rule. approved the TN Americas LLC
rule concurrently with a direct final rule For procedural information and the Standardized NUHOMS® System design
in the Rules and Regulations section of regulatory analysis, see the direct final and added it to the list of NRC-approved
this issue of the Federal Register. The rule published in the Rules and cask designs provided in § 72.214 as
direct final rule will become effective on Regulations section of this issue of the Certificate of Compliance No. 1004.
January 22, 2019. However, if the NRC Federal Register. Most recently, on September 27, 2017
receives significant adverse comments III. Background (82 FR 44879), the NRC issued a
on this proposed rule by December 7, Renewal of the revised initial certificate
2018, then the NRC will publish a Section 218(a) of the Nuclear Waste and Amendment Nos. 1 through 11, 13
document that withdraws the direct Policy Act (NWPA) of 1982, as and 14.
final rule. If the direct final rule is amended, requires that ‘‘the Secretary
[of the Department of Energy] shall IV. Plain Writing
withdrawn, the NRC will address the
comments received in response to these establish a demonstration program, in
cooperation with the private sector, for The Plain Writing Act of 2010 (Pub.
proposed revisions in a subsequent final L. 111–274) requires Federal agencies to
rule. Absent significant modifications to the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites, write documents in a clear, concise,
the proposed revisions requiring well-organized manner. The NRC has
republication, the NRC will not initiate with the objective of establishing one or
more technologies that the [Nuclear written this document to be consistent
a second comment period on this action with the Plain Writing Act as well as the
in the event the direct final rule is Regulatory] Commission may, by rule,
approve for use at the sites of civilian Presidential Memorandum, ‘‘Plain
withdrawn. Language in Government Writing,’’
A significant adverse comment is a nuclear power reactors without, to the
maximum extent practicable, the need published June 10, 1998 (63 FR 31883).
comment where the commenter
for additional site-specific approvals by The NRC requests comment on the
explains why the rule would be
the Commission.’’ Section 133 of the proposed rule with respect to the clarity
inappropriate, including challenges to
NWPA states, in part, that ‘‘[the and effectiveness of the language used.
the rule’s underlying premise or
approach, or would be ineffective or Commission] shall, by rule, establish V. Availability of Documents
unacceptable without a change. A procedures for the licensing of any
comment is adverse and significant if: technology approved by the The documents identified in the
(1) The comment opposes the rule and Commission under Section 219(a) [sic: following table are available to
provides a reason sufficient to require a 218(a)] for use at the site of any civilian interested persons through one or more
substantive response in a notice-and- nuclear power reactor.’’ of the following methods, as indicated.
ADAMS accession No./
Document web link/Federal Register
citation
TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter dated March ML17094A714 (Package).
28, 2017.
Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter ML17202Q145.
dated July 18, 2017.
Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter ML17363A276 (Package).
dated December 14, 2017.
Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter ML18088A180.
amozie on DSK3GDR082PROD with PROPOSALS1
dated March 22, 2018.
TN Americas LLC Renewed Amendment No. 15 to Certificate of Compliance No. 1004 ........................................... ML18228A531.
Technical Specifications for TN Americas LLC Renewed Amendment No. 15 to Certificate of Compliance No. ML18228A530.
1004.
Preliminary Safety Evaluation Report for TN Americas LLC Renewed Amendment No. 15 to Certificate of Compli- ML18234A012.
ance No. 1004.
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–37PTH, –52B, –61BT, –61BTH, and Public hearing: The public hearing regulations implement these changes in
–69BTH. will be held in the IRS Auditorium, the law.
* * * * * Internal Revenue Service, 1111 Part C of this Background section
Constitution Avenue NW, Washington, discusses smoothing adjustments, and
Dated at Rockville, Maryland, this 24th day part C of the Explanation of Provisions
of October 2018.
DC 20224.
FOR FURTHER INFORMATION CONTACT: section of this preamble describes a
For the Nuclear Regulatory Commission. proposed regulation authorizing the
Margaret M. Doane,
Concerning the proposed regulations,
Kathryn M. Sneade, (202) 317–6995; Secretary to adopt a methodology to
Executive Director for Operations. smooth the loss payment patterns
concerning submissions of comments
[FR Doc. 2018–24256 Filed 11–6–18; 8:45 am]
and requests to speak at the public derived from the annual statement loss
BILLING CODE 7590–01–P hearing, Regina L. Johnson, (202) 317– payment data to avoid negative payment
6901 (not toll-free numbers). amounts and to otherwise produce a
stable pattern of positive discount
SUPPLEMENTARY INFORMATION:
factors less than one. Part A of the Other
DEPARTMENT OF THE TREASURY
Background Discounting Considerations section of
Internal Revenue Service this preamble provides additional detail
This document contains proposed
on the proposed methodology that the
amendments to 26 CFR part 1 under
26 CFR Part 1 Department of the Treasury (Treasury
section 846 of the Code. Section 846
Department) and the IRS anticipate
was added to the Code by section
[REG–103163–18] developing under the authority
1023(c) of the Tax Reform Act of 1986,
provided in this proposed regulation.
RIN 1545–BO50 Public Law 99–514 (100 Stat. 2085,
The Treasury Department and the IRS
2399). Final regulations under section
intend to describe the methodology
Modification of Discounting Rules for 846 were published in the Federal
used under the rules set forth in the
Insurance Companies Register (57 FR 40841) on September 8, proposed regulations in each revenue
1992 (T.D. 8433). See §§ 1.846–0 procedure that publishes discount
AGENCY: Internal Revenue Service (IRS), through 1.846–4 (1992 Final
Treasury. factors for a determination year.
Regulations). Part D of this Background section
ACTION: Notice of proposed rulemaking; This document provides guidance on describes the existing procedures for
notice of public hearing. discounting rules under section 846 of discounting unpaid losses with respect
the Code, which were amended on to accident years not separately reported
SUMMARY: This document contains December 22, 2017 by section 13523 of
proposed regulations providing on the National Association of
‘‘An Act to provide for reconciliation Insurance Commissioners’ (NAIC)
guidance on new discounting rules for pursuant to titles II and V of the
unpaid losses and estimated salvage annual statement, including the method
concurrent resolution on the budget for described in section V of Notice 88–100,
recoverable of insurance companies for fiscal year 2018,’’ Public Law 115–97,
Federal income tax purposes. The 1988–2 C.B. 439 (composite method).
title 1, 131 Stat. 2152 (2017) (TCJA) for Part B of the Other Discounting
proposed regulations implement recent taxable years beginning after December
legislative changes to the Internal Considerations section of this preamble
31, 2017. The discounting rules of describes proposed new procedures for
Revenue Code (Code) and make other section 846, both prior to and after
technical improvements to the discounting such unpaid losses. These
amendment by the TCJA, are used to procedures would simplify the
derivation and use of discount factors. determine discounted unpaid losses and
The proposed regulations affect entities discounting of unpaid losses by
estimated salvage recoverable of eliminating the need for a second set of
taxable as insurance companies. This property and casualty insurance
document invites comments and discount factors to be used with respect
companies and discounted unearned to accident years not separately reported
provides notice of a public hearing on premiums of title insurance companies
these proposed regulations. on the NAIC annual statement.
for Federal income tax purposes under Part C of the Other Discounting
DATES: Written or electronic comments section 832, as well as discounted Considerations section of this preamble
must be received by December 7, 2018. unpaid losses of life insurance describes an approach that the Secretary
Requests to speak and outlines of topics companies for Federal income tax intends to adopt for discounting
to be discussed at the public hearing purposes under sections 805(a)(1) and estimated salvage recoverable by
scheduled for December 20, 2018, at 10 807(c)(2). These rules are discussed in applying the unpaid loss discount
a.m., must be received by December 7, greater detail in parts A and B of this factors in each line of business to the
2018. Background section. estimated salvage recoverable in that
ADDRESSES: Section 13523(a) of the TCJA line of business.
Comments: Send submissions to: amended section 846(c) to provide a
CC:PA:LPD:PR (REG–103163–18), Room new definition of the ‘‘annual rate’’ to A. Discounted Unpaid Losses, Estimated
5203, Internal Revenue Service, P.O. be used by taxpayers for discounting Salvage Recoverable, and Discounted
Box 7604, Ben Franklin Station, purposes. Section 13523(b) of the TCJA Unearned Premiums
Washington, DC 20044. Submissions amended the computational rules for Under section 832, the taxable income
may be hand-delivered Monday through determining loss payment patterns of a property and casualty insurance
amozie on DSK3GDR082PROD with PROPOSALS1
Friday between the hours of 8 a.m. and under section 846(d). Section 13523(c) company (non-life insurance company),
4 p.m. to CC:PA:LPD:PR (REG–103163– of the TCJA repealed the election under including a title insurance company, is
18), Courier’s Desk, Internal Revenue former section 846(e) to use the the sum of its underwriting income and
Service, 1111 Constitution Avenue NW, taxpayer’s own historical loss payment investment income (as well as gains and
Washington, DC 20224, or sent pattern instead of the pattern published other income items), reduced by
electronically via the Federal by the Secretary. These changes are allowable deductions. Under section
eRulemaking Portal at http:// effective for taxable years beginning 832(b)(3), a non-life insurance
www.regulations.gov (REG–103163–18). after December 31, 2017. The proposed company’s ‘‘losses incurred’’ is a
VerDate Sep<11>2014 17:02 Nov 06, 2018 Jkt 247001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\07NOP1.SGM 07NOP1](https://thefederalregister.org/doc/83_FR_55859/page/4.svg)
Document Created: 2018-11-07 00:04:43
Document Modified: 2018-11-07 00:04:43
| 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 December 7, 2018. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. | |
| Contact | Christian Jacobs, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6825; email: [email protected] or Edward M. Lohr, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-0253; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 83 FR 55643 | |
| RIN Number | 3150-AK16 | |
| CFR Associated | Administrative Practice and Procedure; Hazardous Waste; Indians; Intergovernmental Relations; Nuclear Energy; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures and Whistleblowing |
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