Federal Register - March 29, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Proposed Rules 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.
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 NRC subsequently issued a final rule on May 1, 2000 65 FR 25241, that approved the Holtec International HISTORM 100 Cask System and added it to the list of NRC-approved cask designs in 72.214, List of approved spent fuel storage casks, as Certificate of Compliance No. 1014.
IV. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 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.
Document
ADAMS accession No.
Submission of Holtec International HISTORM 100 Cask System Certificate of Compliance No. 1014, Amendment 15 request, dated March 20, 2019.
Submission of Response to the U.S. Nuclear Regulatory Commission Request for Supplemental Information for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HISTORM 100 Cask System, dated September 16, 2019.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HISTORM 100 Cask System, dated April 28, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Requests for Additional Information 31
and 36 for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HISTORM 100 Cask System, dated May 15, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information 81
for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HISTORM 100 Cask System, dated June 12, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information 49
for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HISTORM 100 Cask System, dated June 22, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Requests for Additional Information 61, 62, 67, 68 and 111 for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI
STORM 100 Cask System, dated July 30, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HISTORM 100 Cask System, dated August 14, 2020.
Submission of Supplement to Holtec Internationals Request for Amendment 15 to Certificate of Compliance No.
1014 for Holtec International HISTORM 100 Cask System, dated September 1, 2020.
Submission of Supplement to Holtec Internationals Request for Amendment 15 to Certificate of Compliance No.
1014 for Holtec International HISTORM 100 Cask System, dated September 25, 2020.
User Need Memorandum for Rulemaking for the Holtec International HISTORM 100 Cask System, Amendment No. 15 to Certificate of Compliance No. 1014, dated January 27, 2021.
Proposed CoC 1014 Amendment No. 15 CoC
Proposed CoC 1014 Amendment No. 15 Appendix A
Proposed CoC 1014 Amendment No. 15 Appendix B
Proposed CoC 1014 Amendment No. 15 Appendix C
Proposed CoC 1014 Amendment No. 15 Appendix D
Proposed CoC 1014 Amendment No. 15 Appendix A100U
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