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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Proposed Rules
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.

khammond on DSKJM1Z7X2PROD with PROPOSALS

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 October 19, 2021. However, if the NRC
receives any significant adverse comment by September 7, 2021, 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 If the direct final rule is withdrawn, the NRC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republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn.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 rules 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 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, certificate of compliance, 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 218a of the Nuclear Waste Policy Act 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 Nuclear Waste Policy Act states, in part, that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 219a sic:
218a 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 casks approved for use under the terms, conditions, and specifications of their certificate of compliance or an amended certificate of compliance pursuant to this general license are listed in 72.214. 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 of NRC-approved cask designs in 72.214 as Certificate of Compliance No. 1015.
The NAC International NACUMS
Universal Storage System consists of the following components: 1
Transportable storage canister TSC, which contains the spent fuel; 2
vertical concrete cask, which contains the TSC during storage; and 3 a transfer cask, which contains the TSC
during loading, unloading, and transfer operations. Amendment No. 8 revises the certificate of compliance to 1 add the storage of damaged boiling-water reactor spent fuel, including higher enrichment and higher burnup spent fuel; 2 change the allowable fuel burnup range; and 3 expand the boiling-water reactor class 5 fuel inventory that could be stored in the cask; and 4 change definitions in the technical specifications that are associated with the contents of the spent nuclear fuel stored in the cask e.g., high burnup fuel and initial peak planaraverage enrichment.
IV. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 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.

Submission of a Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1015 for the NACUMS Cask System, December 18, 2019.
Application for Amendment No. 8 to the Model No. NAC-UMS Storage CaskAcceptance Letter, March 17, 2020

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