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.

Proposed Rules Federal Register

14332 

Vol. 80, No. 53 

Thursday, March 19, 2015 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2014–0275] 

RIN 3150–AJ52 

List of Approved Spent Fuel Storage 

Casks: Holtec HI–STORM Flood/Wind 

System; Certificate of Compliance No. 

1032, Amendment No. 1, Revision 1 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel storage regulations 

by revising the Holtec International, Inc. 

(Holtec), HI–STORM Flood/Wind (FW) 

System listing within the ‘‘List of 

approved spent fuel storage casks’’ to 

add Amendment No. 1, Revision 1, to 

Certificate of Compliance (CoC) No. 

1032. Amendment No. 1, Revision 1, 

allows these casks to accept 14X14B 

fuel assemblies with minor changes in 

the internal diameter of the fuel 

cladding, diameter of the fuel pellet, 

and spacing between the fuel pins. The 

amendment also updates testing 

requirements for the fabrication of 

Metamic HT neutron-absorbing 

structural material. 

DATES: Submit comments by April 20, 

2015. 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 (unless 

this document describes a different 

method for submitting comments on a 

specific subject): 

• Federal rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0275. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions contact the 

individual 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: 

Robert D. MacDougall, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington DC 20555–0001; telephone: 

301–415–5175, email: 

Robert.MacDougall@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2014– 

0275 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable 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–2014–0275. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable 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–2014– 

0275 in the subject line of 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. Procedural Background 

This proposed rule is limited to 

adding Amendment No. 1, Revision 1, 

which will supersede Amendment No. 1 

(effective December 17, 2014), to CoC 

No. 1032 to the ‘‘List of approved spent 

fuel storage casks’’ and does not include 

other aspects of the Holtec HI–STORM 

FW System design. Amendment No. 1 

continues to be effective but is now 

being modified with respect to certain 

specified provisions, as outlined in 

Amendment No. 1, Revision 1, which 

apply to all general licensees using the 

casks for Independent Spent Fuel 

Storage Installations (ISFSIs). Therefore, 

Amendment No. 1, Revision 1, 

supersedes the previously issued 

Amendment No. 1 (effective December 

17, 2014). In requesting this revision, 

Holtec indicated that no ISFSI licensee 

has placed such a cask into service 

under CoC No. 1032, Amendment No. 1. 

Because the NRC considers this action 

noncontroversial and routine, the NRC 

is publishing this proposed rule 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 14333 

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 June 

2, 2015. However, if the NRC receives 

significant adverse comments on this 

proposed rule by April 20, 2015, 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-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or Technical 

Specifications (TSs). 

For 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 ‘‘[t]]he 

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 

October 3, 2014 (79 FR 59623), that 

approved the HI–STORM FW System 

design amendment and added it to the 

list of NRC-approved cask designs in 10 

CFR 72.214 as CoC No. 1032, 

Amendment 1. 

IV. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner that also follows 

other best practices appropriate to the 

subject or field and the intended 

audience. The NRC has written this 

document to be consistent with the 

Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31883). 

The NRC requests comment on the 

proposed rule with respect to clarity 

and effectiveness of the language used. 

V. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated 

below. 

Document 

ADAMS Accession 

No./ 

Web link/ 

Federal Register 

citation 

Proposed CoC No. 1032, Amendment No. 1, Revision 1 ....................................................................................................... ML14276A621 

Proposed CoC No. 1032, Amendment No. 1, Revision 1, Appendix A to the Technical Specifications ................................ ML14276A618 

Proposed CoC No. 1032, Amendment No. 1, Revision 1, Appendix B to the Technical Specifications ................................ ML14276A617 

CoC No. 1032, Amendment No. 1, Revision 1, Preliminary SER ........................................................................................... ML14276A620 

Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, License Amendment Request 1032– 

2, July 31, 2013.

ML13214A023 

Submittal of Response to First Request for Additional Information for License Amendment Request No. 2 to the Holtec 

International HI-STORM Flood/Wind Multi-Purpose Canister Storage System, November 5, 2013.

ML13311A103 

The NRC may post materials related 

to this proposed rule, including public 

comments, on the Federal rulemaking 

Web site at http://www.regulations.gov 

under Docket ID NRC–2014–0275. 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–2014–0275); (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, 

Manpower training programs, 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, 


Rmajette on DSK2VPTVN1PROD with PROPOSALS
14334 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules 

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 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act 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, 

2232, 2233, 2234, 2236, 2237, 2239, 2273, 

2282, 2021); Energy Reorganization Act secs. 

201, 202, 206, 211 (42 U.S.C. 5841, 5842, 

5846, 5851); National Environmental Policy 

Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 

Policy Act secs. 131, 132, 133, 135, 137, 141, 

148 (42 U.S.C. 10151, 10152, 10153, 10155, 

10157, 10161, 10168); Government 

Paperwork Elimination Act sec. 1704 (44 

U.S.C. 3504 note); Energy Policy Act of 2005, 

Pub. L. 109–58, 119 Stat. 788 (2005). 

Section 72.44(g) also issued under Nuclear 

Waste Policy Act secs. 142(b) and 148(c), (d) 

(42 U.S.C. 10162(b), 10168(c), (d)). 

Section 72.46 also issued under Atomic 

Energy Act sec. 189 (42 U.S.C. 2239); Nuclear 

Waste Policy Act sec. 134 (42 U.S.C. 10154). 

Section 72.96(d) also issued under Nuclear 

Waste Policy Act sec. 145(g) (42 U.S.C. 

10165(g)). 

Subpart J also issued under Nuclear Waste 

Policy Act secs. 117(a), 141(h) (42 U.S.C. 

10137(a), 10161(h)). 

Subpart K also issued under Nuclear Waste 

Policy Act sec. 218(a) (42 U.S.C. 10198). 

■ 2. In § 72.214, Certificate of 

Compliance No. 1032 is revised to read 

as follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1032. 

Initial Certificate Effective Date: June 

13, 2011. 

Amendment Number 1 Effective Date: 

December 17, 2014, superseded by 

Amendment Number 1, Revision 1, on 

[DATE 75 DAYS FROM DATE OF 

PUBLICATION OF FINAL RULE IN 

THE FEDERAL REGISTER]. 

Amendment Number 1, Revision 1, 

Effective Date: [DATE 75 DAYS FROM 

DATE OF PUBLICATION OF FINAL 

RULE IN THE FEDERAL REGISTER]. 

SAR Submitted by: Holtec 

International, Inc. 

SAR Title: Final Safety Analysis 

Report for the Holtec HI–STORM FW 

System. 

Docket Number: 72–1032. 

Certificate Expiration Date: June 12, 

2031. 

Model Numbers: HI–STORM FW 

MPC–37, MPC–89. 

* * * * * 

Dated at Rockville, Maryland, this 9th day 

of March, 2015. 

For the Nuclear Regulatory Commission. 

Mark A. Satorius, 

Executive Director for Operations. 

[FR Doc. 2015–06366 Filed 3–18–15; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

29 CFR Part 2550 

RIN 1210–AB68 

Fiduciary Requirements for Disclosure 

in Participant-Directed Individual 

Account Plans—Timing of Annual 

Disclosure 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the Department of Labor’s 

‘‘participant-level fee disclosure’’ 

regulation by making a technical 

adjustment to an annual timing 

requirement. In the ‘‘Rules and 

Regulations’’ section of this issue of the 

Federal Register, we are making this 

same amendment as a direct final rule. 

If we receive no significant adverse 

comment, the direct final rule will go 

into effect and we will not take further 

action on this proposed rule. If, 

however, we receive significant adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. In 

that case, we will address all public 

comments in a subsequent final rule 

based on this proposed rule. We will not 

institute a second comment period on 

this rule. Any parties interested in 

commenting must do so during this 

comment period. 

DATES: Comments must be received on 

or before April 20, 2015. 

ADDRESSES: You may submit comments, 

identified by RIN 1210–AB68 (Fiduciary 

Requirements for Disclosure in 

Participant-Directed Individual Account 

Plans—Timing of Annual Disclosure), 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: e-ORI@dol.gov. Include RIN 

1210–AB68 in the subject line of the 

message. 

• Mail or Hand Delivery: Office of 

Regulations and Interpretations, 

Employee Benefits Security 

Administration, Room N–5655, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Instructions: All submissions received 

must include the agency name and 

Regulation Identifier Number (RIN) for 

this rulemaking. Comments received by 

the Department of Labor will be posted 

without change to http://

www.regulations.gov and http://

www.dol.gov/ebsa, and made available 

for public inspection at the Public 

Disclosure Room, N–1513, Employee 

Benefits Security Administration, 200 

Constitution Avenue NW., Washington, 

DC 20210, including any personal 

information provided. Warning: Do not 

include any personally identifiable 

information (such as name, address, or 

other contact information) or other 

confidential business information that 

you do not want publicly disclosed. All 

comments may be posted on the Internet 

and can be retrieved by most Internet 

search engines. No deletions, 

modifications, or redactions will be 

made to the comments received, as they 

are public records. Comments may be 

submitted anonymously. Persons 

submitting comments electronically are 

encouraged not to submit paper copies. 

FOR FURTHER INFORMATION CONTACT: Eric 

A. Raps, Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration, (202) 693– 

8532. This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of 

today’s Federal Register, the 

Department of Labor published a direct 

final rule that amends the definition of 

the term ‘‘at least annually thereafter’’ 

contained in 29 CFR 2550.404a-5(h)(1) 

by substituting the term ‘‘14-month 

period’’ for the term ‘‘12-month period.’’ 

This Federal Register notice 

incorporates by reference and proposes 

the same amendment contained in the 

direct final rule. Please refer to the 

preamble and the regulatory text of the 

direct final rule for details, including 

information and analyses under 

applicable Executive Orders, the 

Regulatory Flexibility Act, Paperwork 

Reduction Act, and Unfunded Mandates 

Reform Act. 

Signed at Washington, DC, this 12th day of 

March 2015. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. 2015–06210 Filed 3–18–15; 8:45 am] 

BILLING CODE 4510–29–P 


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