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 Nuclear Regulatory Commission 10 CFR Part 72
[NRC-2024-0182]
RIN 3150-AL22
 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: 
                        *George.Tartal@nrc.gov*
                         and Kristina Banovac, Office of Nuclear Materials Safety and Safeguards, telephone: 301-415-7116, email: 
                        *Kristina.Banovac@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-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: 
                    *Helen.Chang@nrc.gov.*
                     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 
                    *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:*
                     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 
                    *PDR.Resource@nrc.gov*
                     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 
                    ( print 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 § 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 Nos. 0, 1, and 2 of the Certificate of Compliance No. 1040 for the HI-STORM UMAX Canister Storage System
ML24179A273Preliminary Safety Evaluation Report for HI-STORM UMAX, CoC No. 1040, Revision to Amendment Nos. 0, 1, and 2
ML24179A263Proposed CoC No. 1040, Amendment No. 0, Revision 1
ML24179A266Proposed CoC No. 1040, Amendment No. 0, Revision 1, Appendix A
ML24179A264Proposed CoC No. 1040, Amendment No. 0, Revision 1, Appendix B
ML24179A265Proposed CoC No. 1040, Amendment No. 1, Revision 1
ML24179A269Proposed CoC No. 1040, Amendment No. 1, Revision 1, Appendix A
ML24179A267Proposed CoC No. 1040, Amendment No. 1, Revision 1, Appendix B
ML24179A268Proposed CoC No. 1040, Amendment No. 2, Revision 1
ML24179A272Proposed CoC No. 1040, Amendment No. 2, Revision 1, Appendix A
ML24179A270Proposed CoC No. 1040, Amendment No. 2, Revision 1, Appendix B
ML24179A271**Holtec International, Inc. HI-STORM UMAX Canister Storage System Revision 1 to Amendment Nos. 0 through 2 Request Documents**Letter, “Holtec International—Submittal of Application for Revision to HI-STORM UMAX CoC Amendments 0, 1, and 2,” dated May 5, 2023
ML23125A237Letter, “Holtec International, Submittal of RSI Responses for Revision to HI-STORM UMAX CoC Amendments 0, 1, and 2,” dated January 31, 2024
ML24031A659Letter, “Holtec International, Submittal of RSI Supplemental Information for Revision to HI-STORM UMAX CoC Amendments 0, 1, and 2,” dated March 4, 2024
ML24072A501Letter, “Supplement to Application for Revision to Amendment Nos. 0, 1, and 2 of Certificate of Compliance No. 1040 for HI-STORM UMAX,” dated June 26, 2024
ML24178A111Ameren Missouri letter to Holtec, “Attachment 8—General Licensee Letters Regarding Revisions,” dated March 1, 2023
ML23125A246Ameren Missouri letter to Holtec, “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
ML24178A113Email Re: Supplement to Application for Revision to Amendment Nos. 0, 1, and 2 of CoC No. 1040 for HI-STORM UMAX, dated June 26, 2024
ML24178A112
 
 
 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