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[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Proposed Rules]
[Pages 8910-8912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02209]

========================================================================
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. 90, No. 22 / Tuesday, February 4, 2025 / 
Proposed Rules

[[Page 8910]]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2024-0182]
RIN 3150-AL22

List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 
1040, Revision 1 to Amendment Nos. 0 Through 2

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 HI-STORM UMAX Canister Storage System listing within the 
``List of approved spent fuel storage casks'' to include Revision 1 to 
Amendment Nos. 0 through 2 to Certificate of Compliance (CoC) No. 1040. 
Revision 1 to Amendment Nos. 0 through 2 updates the CoC appendix A 
technical specifications for radiation protection and the associated 
bases information to clearly articulate the basis for the dose rate 
limits for the closure lids, modify the dose rate limit values and the 
description of the location of the dose rate measurements, and make 
other editorial changes.

DATES: Submit comments by March 6, 2025. 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: Submit your comments, identified by Docket ID NRC-2024-0182, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individual listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    You can read a plain language description of this proposed rule at 
https://www.regulations.gov/docket/NRC-2024-0182. 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: George Tartal, Office of Nuclear 
Materials Safety and Safeguards, telephone: 301-415-0016, email: 
[email protected] and Kristina Banovac, Office of Nuclear Materials 
Safety and Safeguards, telephone: 301-415-7116, email: 
[email protected]. 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-2024-0182 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 https://www.regulations.gov and search for Docket ID NRC-2024-0182. Address 
questions about NRC dockets to Helen Chang, telephone: 301-415-3228, 
email: [email protected]. For technical questions contact the 
individual 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2024-0182 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 
https://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

    Because the NRC considers this action to be non-controversial, 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 April 21, 
2025. However, if the NRC receives any significant adverse comment by 
March 6, 2025, 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 in a subsequent final rule. In general, absent 
significant modifications to the proposed revisions requiring 
republication, the NRC will not initiate

[[Page 8911]]

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, CoC, or technical specifications.
    For a more detailed discussion of the proposed rule changes and 
associated analyses, 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 of 1982, as amended, 
requires that ``[t]he 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 Nuclear 
Waste Policy Act 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 that 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 
March 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25, 
2015), that approved the Holtec International HI-STORM UMAX Canister 
Storage System design and added it to the list of NRC-approved cask 
designs in Sec.  72.214 as CoC No. 1040.

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. 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 
31885). The NRC requests comment on the proposed rule with respect to 
clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

------------------------------------------------------------------------
                Document                        ADAMS accession No.
------------------------------------------------------------------------
     Proposed Certificate of Compliance and Technical Specifications
                                Documents
------------------------------------------------------------------------
User Need Memo for Revision to Amendment  ML24179A273
 Nos. 0, 1, and 2 of the Certificate of
 Compliance No. 1040 for the HI-STORM
 UMAX Canister Storage System.
Preliminary Safety Evaluation Report for  ML24179A263
 HI-STORM UMAX, CoC No. 1040, Revision
 to Amendment Nos. 0, 1, and 2.
Proposed CoC No. 1040, Amendment No. 0,   ML24179A266
 Revision 1.
Proposed CoC No. 1040, Amendment No. 0,   ML24179A264
 Revision 1, Appendix A.
Proposed CoC No. 1040, Amendment No. 0,   ML24179A265
 Revision 1, Appendix B.
Proposed CoC No. 1040, Amendment No. 1,   ML24179A269
 Revision 1.
Proposed CoC No. 1040, Amendment No. 1,   ML24179A267
 Revision 1, Appendix A.
Proposed CoC No. 1040, Amendment No. 1,   ML24179A268
 Revision 1, Appendix B.
Proposed CoC No. 1040, Amendment No. 2,   ML24179A272
 Revision 1.
Proposed CoC No. 1040, Amendment No. 2,   ML24179A270
 Revision 1, Appendix A.
Proposed CoC No. 1040, Amendment No. 2,   ML24179A271
 Revision 1, Appendix B.
------------------------------------------------------------------------
    Holtec International, Inc. HI-STORM UMAX Canister Storage System
       Revision 1 to Amendment Nos. 0 through 2 Request Documents
------------------------------------------------------------------------
Letter, ``Holtec International--          ML23125A237
 Submittal of Application for Revision
 to HI-STORM UMAX CoC Amendments 0, 1,
 and 2,'' dated May 5, 2023.
Letter, ``Holtec International,           ML24031A659
 Submittal of RSI Responses for Revision
 to HI-STORM UMAX CoC Amendments 0, 1,
 and 2,'' dated January 31, 2024.
Letter, ``Holtec International,           ML24072A501
 Submittal of RSI Supplemental
 Information for Revision to HI-STORM
 UMAX CoC Amendments 0, 1, and 2,''
 dated March 4, 2024.
Letter, ``Supplement to Application for   ML24178A111
 Revision to Amendment Nos. 0, 1, and 2
 of Certificate of Compliance No. 1040
 for HI-STORM UMAX,'' dated June 26,
 2024.
Ameren Missouri letter to Holtec,         ML23125A246
 ``Attachment 8--General Licensee
 Letters Regarding Revisions,'' dated
 March 1, 2023.
Ameren Missouri letter to Holtec,         ML24178A113
 ``Ameren Missouri's Intent to Adopt
 Revision 1 to Amendment 0 of
 Certificate of Compliance No. 1040 as
 applicable to the ISFSI at the Callaway
 Plant Site,'' dated June 6, 2024.
Email Re: Supplement to Application for   ML24178A112
 Revision to Amendment Nos. 0, 1, and 2
 of CoC No. 1040 for HI-STORM UMAX,
 dated June 26, 2024.
------------------------------------------------------------------------

[[Page 8912]]

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2024-0182. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2024-0182); (2) click 
the ``Subscribe'' link; and (3) enter an email address and click on the 
``Subscribe'' link.

    Dated: January 16, 2025.

    For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025-02209 Filed 2-3-25; 8:45 am]
BILLING CODE 7590-01-P
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