[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Proposed Rules]
[Pages 35923-35925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12745]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2022-0049]
RIN 3150-AK76


List of Approved Spent Fuel Storage Casks: NAC International NAC-
UMS Universal Storage System, Certificate of Compliance No. 1015, 
Amendment No. 9

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel regulations by revising the NAC International NAC-
UMS Universal Storage System listing within the ``List of approved 
spent fuel storage casks'' to include Amendment No. 9 to Certificate of 
Compliance No. 1015. Amendment No. 9 revises the certificate of 
compliance to correct the effective thermal properties for pressurized-
water reactor fuel assemblies used in the certification basis ANSYS 
thermal models and to update modeling assumptions. In addition, this 
rulemaking makes editorial corrections to Amendment No. 8.

DATES: Submit comments by July 14, 2022. 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-2022-0049, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individuals listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    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: Bernard White, Office of Nuclear 
Material Safety and Safeguards;

[[Page 35924]]

telephone: 301-415-6577, email: <a href="/cdn-cgi/l/email-protection#d694b3a4b8b7a4b2f881bebfa2b396b8a4b5f8b1b9a0"><span class="__cf_email__" data-cfemail="753710071b1407115b221d1c0110351b07165b121a03">[email protected]</span></a> or Vanessa Cox, 
Office of Nuclear Material Safety and Safeguards, telephone: 301-415-
8342, email: <a href="/cdn-cgi/l/email-protection#7f291e111a0c0c1e513c10073f110d1c51181009"><span class="__cf_email__" data-cfemail="0f596e616a7c7c6e214c60774f617d6c21686079">[email protected]</span></a>. 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-2022-0049 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:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0049. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: <a href="/cdn-cgi/l/email-protection#bcf8ddcbd292fad3ced8d9cefcd2cedf92dbd3ca"><span class="__cf_email__" data-cfemail="034762746d2d456c71676671436d71602d646c75">[email protected]</span></a>. For technical questions contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#79293d2b572b1c0a160c0b1a1c39170b1a571e160f"><span class="__cf_email__" data-cfemail="59091d0b770b3c2a362c2b3a3c19372b3a773e362f">[email protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Maryland 20852. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#86d6c2d4a8d4e3f5e9f3f4e5e3c6e8f4e5a8e1e9f0"><span class="__cf_email__" data-cfemail="90c0d4c2bec2f5e3ffe5e2f3f5d0fee2f3bef7ffe6">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

B. Submitting Comments

    Please include Docket ID NRC-2022-0049 in your comment submission. 
The NRC requests that you submit comments through the Federal 
rulemaking website at https://www.regulations.gov. If your material 
cannot be submitted using https://www.regulations.gov, call or email 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document for alternate instructions.
    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 August 29, 
2022. However, if the NRC receives any significant adverse comment by 
July 14, 2022, 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. 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 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] . . . 
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 
October 19, 2000 (65 FR 62581), that approved the NAC International 
NAC-UMS Universal Storage System and added it to the list

[[Page 35925]]

of NRC-approved cask designs in Sec.  72.214 as Certificate of 
Compliance No. 1015.

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 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.

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                   Document                       ADAMS accession No.
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Submittal of Request for NAC International     ML21222A017 (package)
 NAC-UMS Universal Storage System,
 Certificate of Compliance No. 1015,
 Amendment No. 9 dated July 30, 2021.
Proposed Certificate of Compliance for NAC     ML21313A071
 International NAC-UMS Universal Storage
 System, Certificate of Compliance No. 1015,
 Amendment No. 9.
Safety Evaluation Report for NAC               ML21312A495
 International NAC-UMS Certificate of
 Compliance No. 1015, Amendment 9.
Corrected pages B-2, B-4, and B3-2 from NAC    ML21312A499
 International NAC-UMS Certificate of
 Compliance No. 1015, Amendment 8 Technical
 Specifications (Appendix B).
Proposed Technical Specifications (Appendix    ML21312A501
 A) for NAC International NAC-UMS Certificate
 of Compliance No. 1015, Amendment 9.
Proposed Technical Specifications (Appendix    ML21312A500
 B) for NAC International NAC-UMS Certificate
 of Compliance No. 1015, Amendment 9.
User Need Memorandum for forwarding            ML21312A488
 Certificate of Compliance, Technical
 Specifications and Safety Evaluation Report
 for NAC International NAC-UMS Certificate of
 Compliance No. 1015, Amendment 9.
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    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-2022-0049. 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-2022-0049); (2) click 
the ``Subscribe'' link; and (3) enter an email address and click on the 
``Subscribe'' link.

    Dated: June 1, 2022.

    For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2022-12745 Filed 6-13-22; 8:45 am]
BILLING CODE 7590-01-P


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