List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 4, 60543-60546 [E7-21016]

Download as PDF Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 2007, is adopted as a final rule without change. Dated: October 18, 2007. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 07–5268 Filed 10–24–07; 8:45 am] BILLING CODE 3410–02–M NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AI23 List of Approved Spent Fuel Storage Casks: HI–STORM 100 Revision 4 Nuclear Regulatory Commission. ACTION: Direct final rule. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its spent fuel storage cask regulations by revising the Holtec International (Holtec) HI–STORM 100 cask system listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 4 to Certificate of Compliance (CoC) Number 1014. Amendment No. 4 will include changes to add site-specific options to the CoC to permit use of a modified HI–STORM 100 cask system at the Indian Point Unit 1 (IP1) Independent Spent Fuel Storage Installation (ISFSI). These options include the shortening of the HI– STORM 100S Version B, Multi-Purpose Canister (MPC)–32 and MPC–32F, and the HI–TRAC 100D Canister to accommodate site-specific restrictions. Additional changes address the Technical Specification (TS) definition of transport operations and associated language in the safety analysis report (SAR); the soluble boron requirements for Array/Class 14x14E IP1 fuel; the helium gas backfill requirements for Array/Class 14x14E IP1 fuel; the addition of a fifth damaged fuel container design under the TS definition for damaged fuel container; addition of separate burnup, cooling time, and decay heat limits for Array/ Class 14x14 IP1 fuel for loading in an MPC–32 and MPC–32F; addition of antimony-beryllium secondary sources as approved contents; the loading of all IP1 fuel assemblies in damaged fuel containers; the preclusion of loading of IP1 fuel debris in the MPC–32 or MPC– 32F; the reduction of the maximum enrichment for Array/Class 14x14E IP1 fuel from 5.0 to 4.5 weight percent uranium-235; changes to licensing drawings to differentiate the IP1 MPC– VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 32 and MPC–32F from the previously approved MPC–32 and MPC–32F; and other editorial changes, including replacing all references to U.S. Tool and Die with Holtec Manufacturing Division. The final rule is effective January 8, 2008, unless significant adverse comments are received by November 26, 2007. 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. If the rule is withdrawn, timely notice will be published in the Federal Register. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150–AI23) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at (301) 415–1966. Comments can also be submitted via the Federal eRulemaking Portal https://www.regulations.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 am and 4:15 pm Federal workdays [telephone (301) 415– 1966]. Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at (301) 415–1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers at the NRC’s Public Document Room (PDR), O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/NRC/ADAMS/ index.html. From this site, the public can gain entry into the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s DATES: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 60543 public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr@nrc.gov. An electronic copy of the CoC No. 1014, the revised TS, and the preliminary safety evaluation report (SER) for Amendment No. 4 can be found in a package under ADAMS Accession No. ML072220481. CoC No. 1014, the revised TS, the preliminary SER for Amendment No. 4, and the environmental assessment are available for inspection at the NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone (301) 415–6219, e-mail jmm2@nrc.gov. FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415– 6219, e-mail jmm2@nrc.gov. SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that ‘‘[t]he Secretary [of the Department of Energy (DOE)] 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 NWPA states, in part, that ‘‘[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in 10 CFR Part 72, which added a new Subpart K within 10 CFR Part 72, 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 within 10 E:\FR\FM\25OCR1.SGM 25OCR1 60544 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations rwilkins on PROD1PC63 with RULES 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 HI–STORM 100 cask system design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1014. Discussion On June 23, 2006, the certificate holder, Holtec submitted an application to the NRC that requested an amendment to CoC No. 1014. Specifically, Holtec requested changes to add site-specific options to the CoC to permit use of a modified HI–STORM 100 cask system at the IP1 ISFSI. These options included the shortening of the HI–STORM 100S Version B, MPC–32 and MPC–32F and the HI–TRAC 100D Canister to accommodate site-specific restrictions. Additional changes addressed the TS definition of transport operations and associated language in the SAR; the soluble boron requirements for Array/Class 14x14E IP1 fuel; the helium gas backfill requirements for Array/Class 14x14E IP1 fuel; the addition of a fifth damaged fuel container design under the TS definition for damaged fuel container; addition of separate burnup, cooling time, and decay heat limits for Array/ Class 14x14 IP1 fuel for loading in an MPC–32 and MPC–32F; addition of antimony-beryllium secondary sources as approved contents; the loading of all IP1 fuel assemblies in damaged fuel containers; the preclusion of loading of IP1 fuel debris in the MPC–32 or MPC– 32F; the reduction of the maximum enrichment for Array/Class 14x14E IP1 fuel from 5.0 to 4.5 weight percent uranium-235; changes to licensing drawings to differentiate the IP1 MPC– 32 and MPC–32F from the previously approved MPC–32 and MPC–32F; and other editorial changes, including replacing all references to U.S. Tool and Die with Holtec Manufacturing Division. No other changes to the Holtec HI–STORM 100 cask system were requested in this application. As documented in the SER, the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. In addition, the NRC staff has determined that there continues to be reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the HI– STORM 100 cask system listing in 10 VerDate Aug<31>2005 19:10 Oct 24, 2007 Jkt 214001 CFR 72.214 by adding Amendment No. 4 to CoC No. 1014. The amendment consists of the changes described above as set forth in the revised CoC and TS. The particular TS which are changed are identified in the SER. The amended HI–STORM 100 cask design, when used under the conditions specified in the CoC, the TS, and NRC regulations, will meet the requirements of Part 72; thus, adequate protection of public health and safety will continue to be ensured. After this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into HI– STORM 100 casks that meet the criteria of Amendment No. 4 to CoC No. 1014, in accordance with 10 CFR 72.212. (a) The comment causes the NRC staff 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 staff. (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 staff to make a change (other than editorial) to the rule, CoC, or TS. Procedural Background This rule is limited to the changes contained in Amendment No. 4 to CoC No. 1014 and does not include other aspects of the HI–STORM 100 dry storage cask system. The NRC is using the ‘‘direct final rule procedure’’ to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on January 8, 2008. However, if the NRC receives significant adverse comments on this direct final rule by November 26, 2007, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published elsewhere in this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. 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-andcomment process. For example, a substantive response is required when: Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the HI–STORM 100 cask design listed in § 72.214 (List of NRC-approved spent fuel storage cask designs). This action does not constitute the establishment of a standard that contains generally applicable requirements. Agreement State Compatibility Under the ‘‘Policy Statement on Adequacy and Compatibility of Agreement State Programs’’ approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category ‘‘NRC.’’ Compatibility is not required for Category ‘‘NRC’’ regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended (AEA), or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State’s administrative procedure laws but does not confer regulatory authority on the State. Discussion of Amendments by Section Section 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1014 is revised by adding the effective date of Amendment No. 4. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Plain Language The Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883), directed that the Government’s documents be in clear E:\FR\FM\25OCR1.SGM 25OCR1 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations rwilkins on PROD1PC63 with RULES and accessible language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES, above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has prepared an environmental assessment and, on the basis of this environmental assessment, has made a finding of no significant impact. This rule will amend the CoC for the HI–STORM 100 cask design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. The amendment will include changes to add site-specific options to the CoC to permit use of a modified HI–STORM 100 cask system at the IP1 ISFSI. These options include the shortening of the HI–STORM 100S Version B, MPC–32 and MPC–32F, and the HI–TRAC 100D Canister to accommodate site-specific restrictions. Additional changes address the TS definition of transport operations and associated language in the SAR; the soluble boron requirements for Array/ Class 14×14E IP1 fuel; the helium gas backfill requirements for Array/Class 14×14E IP1 fuel; the addition of a fifth damaged fuel container design under the TS definition for damaged fuel container; addition of separate burnup, cooling time, and decay heat limits for Array/Class 14×14 IP1 fuel for loading in an MPC–32 and MPC–32F; addition of antimony-beryllium secondary sources as approved contents; the loading of all IP1 fuel assemblies in damaged fuel containers; the preclusion of loading of IP1 fuel debris in the MPC–32 or MPC–32F; the reduction of the maximum enrichment for Array/ Class 14×14E IP1 fuel from 5.0 to 4.5 weight percent uranium-235; changes to licensing drawings to differentiate the IP1 MPC–32 and MPC–32F from the previously approved MPC–32 and MPC–32F; and other editorial changes, including replacing all references to U.S. Tool and Die with Holtec Manufacturing Division. The environmental assessment and finding of no significant impact on which this determination is based are available for VerDate Aug<31>2005 19:10 Oct 24, 2007 Jkt 214001 inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415– 6219, e-mail jmm2@nrc.gov. Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget (OMB), Approval Number 3150–0132, 10 CFR part 72. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR Part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, spent fuel is stored under the conditions specified in the cask’s CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On May 1, 2000 (65 FR 25241), the NRC issued an amendment to part 72 that approved the HI–STORM 100 cask design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On June 23, 2006, the certificate holder, Holtec, submitted an application to the NRC to amend CoC No. 1014 to add site-specific options to the CoC to permit use of a modified HI–STORM 100 cask system at the IP1 ISFSI. These options included the shortening of the HI–STORM 100S Version B, MPC–32 and MPC–32F, and the HI–TRAC 100D Canister to accommodate site-specific restrictions. Additional changes addressed the TS definition of transport operations and associated language in the SAR; the soluble boron requirements for Array/ Class 14×14E IP1 fuel; the helium gas backfill requirements for Array/Class 14×14E IP1 fuel; the addition of a fifth PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 60545 damaged fuel container design under the TS definition for damaged fuel container; addition of separate burnup, cooling time, and decay heat limits for Array/Class 14×14 IP1 fuel for loading in an MPC–32 and MPC–32F; addition of antimony-beryllium secondary sources as approved contents; the loading of all IP1 fuel assemblies in damaged fuel containers; the preclusion of loading of IP1 fuel debris in the MPC–32 or MPC–32F; the reduction of the maximum enrichment for Array/ Class 14×14E IP1 fuel from 5.0 to 4.5 weight percent uranium-235; changes to licensing drawings to differentiate the IP1 MPC–32 and MPC–32F from the previously approved MPC–32 and MPC–32F; and other editorial changes, including replacing all references to U.S. Tool and Die with Holtec Manufacturing Division. The alternative to this action is to withhold approval of Amendment No. 4 and to require any part 72 general licensee, seeking to load spent fuel into HI–STORM 100 casks under Amendment No. 4, to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of the direct final rule is consistent with previous NRC actions. Further, as documented in the SER and the environmental assessment, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC’s responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec. These entities do not fall within the scope of the definition of ‘‘small entities’’ set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). E:\FR\FM\25OCR1.SGM 25OCR1 60546 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations Backfit Analysis The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. Congressional Review Act Under the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs and OMB. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. I For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR Part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for Part 72 continues to read as follows: rwilkins on PROD1PC63 with RULES I Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86–373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102– 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100–203, 101 Stat. 1330–235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100–203, 101 VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 Stat. 1330–232, 1330–236 (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100–203, 101 Stat. 1330–235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1014 is revised to read as follows: I § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1014. Initial Certificate Effective Date: May 31, 2000. Amendment Number 1 Effective Date: July 15, 2002. Amendment Number 2 Effective Date: June 7, 2005. Amendment Number 3 Effective Date: May 29, 2007. Amendment Number 4 Effective Date: January 8, 2008. SAR Submitted by: Holtec International. SAR Title: Final Safety Analysis Report for the HI–STORM 100 Cask System. Docket Number: 72–1014. Certificate Expiration Date: June 1, 2020. Model Number: HI–STORM 100. * * * * * Dated at Rockville, Maryland, this 10th day of October, 2007. For the Nuclear Regulatory Commission. William F. Kane, Acting Executive Director for Operations. [FR Doc. E7–21016 Filed 10–24–07; 8:45 am] BILLING CODE 7590–01–P FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 344 RIN 3064–AD20 Extension of Time Period for Quarterly Reporting of Bank Officers’ and Certain Employees’ Personal Securities Transactions Federal Deposit Insurance Corporation (‘‘FDIC’’). ACTION: Final rule. AGENCY: SUMMARY: The FDIC is amending its regulation governing personal securities trading reporting to extend the time PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 period from 10-business to 30-calendar days after the end of the calendar quarter that officers and all employees of state nonmember banks who make or participate in investment decisions for the accounts of customers have to report their personal securities transactions. DATES: This final rule will become effective on: November 26, 2007. FOR FURTHER INFORMATION CONTACT: Anthony J. DiMilo, Trust Examination Specialist, (202) 898–7496, in the Division of Supervision and Consumer Protection; Julia E. Paris, Senior Attorney, (202) 898–3821, in the Legal Division. SUPPLEMENTARY INFORMATION: I. Background Section 344.9(a)(3) of Part 344 of the FDIC’s recordkeeping and confirmation requirements for effecting securities transactions requires all bank officers of state nonmember banks and all employees who, in connection with their duties, make or participate in investment decisions for the accounts of customers (‘‘certain employees’’) to report to the bank all securities transactions made by them or on their behalf in which they have a beneficial interest within 10-business days after the end of the calendar quarter.1 At the time it was adopted, this provision, among others, reflected the U.S. Securities and Exchange Commission’s (‘‘SEC’’) recommendations contained in the Final Report of the Securities and Exchange Commission on Bank Securities Activities (June 30, 1977) and generally was patterned after SEC regulations.2 Specifically, section 344.9(a)(3) was intended to be comparable to the SEC’s Rule 17j–1 of the Investment Company Act of 1940, which required ‘‘access persons’’ to report personal securities transactions quarterly and originally mandated a 10business day period for reporting.3 The SEC, in July 2004, amended Rule 17j–1 to extend the reporting time period to 30-calendar days after the end of the calendar quarter.4 The effective date of the SEC’s amendments to Rule 17j–1 was August 31, 2004, with a compliance date of January 7, 2005. II. Summary of Proposed Rule On June 27, 2007, the FDIC published for comment a Notice of Proposed 1 12 CFR 344.9(a)(3). FR 43260, 43263 (July 24, 1979); see 45 FR 73898 (Nov. 7, 1980) (SEC final rule 17j–1 adopting investment advisor code of ethics and disclosure requirements for ‘‘access persons,’’ as defined by 17 CFR 270.17–j–1(a)(1)). 3 See 17 CFR 270.17j–1(c)(2) (1998); 45 FR 73898 (Nov. 7, 1980). 4 69 FR 41696 (July 9, 2004). 2 44 E:\FR\FM\25OCR1.SGM 25OCR1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Pages 60543-60546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21016]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI23


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 
4

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its spent 
fuel storage cask regulations by revising the Holtec International 
(Holtec) HI-STORM 100 cask system listing within the ``List of Approved 
Spent Fuel Storage Casks'' to include Amendment No. 4 to Certificate of 
Compliance (CoC) Number 1014. Amendment No. 4 will include changes to 
add site-specific options to the CoC to permit use of a modified HI-
STORM 100 cask system at the Indian Point Unit 1 (IP1) Independent 
Spent Fuel Storage Installation (ISFSI). These options include the 
shortening of the HI-STORM 100S Version B, Multi-Purpose Canister 
(MPC)-32 and MPC-32F, and the HI-TRAC 100D Canister to accommodate 
site-specific restrictions. Additional changes address the Technical 
Specification (TS) definition of transport operations and associated 
language in the safety analysis report (SAR); the soluble boron 
requirements for Array/Class 14x14E IP1 fuel; the helium gas backfill 
requirements for Array/Class 14x14E IP1 fuel; the addition of a fifth 
damaged fuel container design under the TS definition for damaged fuel 
container; addition of separate burnup, cooling time, and decay heat 
limits for Array/Class 14x14 IP1 fuel for loading in an MPC-32 and MPC-
32F; addition of antimony-beryllium secondary sources as approved 
contents; the loading of all IP1 fuel assemblies in damaged fuel 
containers; the preclusion of loading of IP1 fuel debris in the MPC-32 
or MPC-32F; the reduction of the maximum enrichment for Array/Class 
14x14E IP1 fuel from 5.0 to 4.5 weight percent uranium-235; changes to 
licensing drawings to differentiate the IP1 MPC-32 and MPC-32F from the 
previously approved MPC-32 and MPC-32F; and other editorial changes, 
including replacing all references to U.S. Tool and Die with Holtec 
Manufacturing Division.

DATES: The final rule is effective January 8, 2008, unless significant 
adverse comments are received by November 26, 2007. 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. If the rule is withdrawn, timely notice will be published in 
the Federal Register.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AI23) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comments will not be edited to remove any identifying or contact 
information, the NRC cautions you against including personal 
information such as social security numbers and birth dates in your 
submission.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. Comments can also be submitted via the 
Federal eRulemaking Portal https://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 am and 4:15 pm Federal workdays [telephone (301) 
415-1966].
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers at the NRC's Public 
Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at https://www.nrc.gov/NRC/ADAMS/. From this 
site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to pdr@nrc.gov. An electronic copy of the CoC No. 1014, the 
revised TS, and the preliminary safety evaluation report (SER) for 
Amendment No. 4 can be found in a package under ADAMS Accession No. 
ML072220481.
    CoC No. 1014, the revised TS, the preliminary SER for Amendment No. 
4, and the environmental assessment are available for inspection at the 
NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these 
documents may be obtained from Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail jmm2@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail jmm2@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of the Department of Energy 
(DOE)] 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 NWPA 
states, in part, that ``[t]he Commission shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 218(a) for use at the site of any civilian 
nuclear power reactor.''
    To implement this mandate, the NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in 10 CFR Part 72, which added a new Subpart K 
within 10 CFR Part 72, 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 within 10

[[Page 60544]]

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 HI-STORM 100 cask system 
design and added it to the list of NRC-approved cask designs in 10 CFR 
72.214 as CoC No. 1014.

Discussion

    On June 23, 2006, the certificate holder, Holtec submitted an 
application to the NRC that requested an amendment to CoC No. 1014. 
Specifically, Holtec requested changes to add site-specific options to 
the CoC to permit use of a modified HI-STORM 100 cask system at the IP1 
ISFSI. These options included the shortening of the HI-STORM 100S 
Version B, MPC-32 and MPC-32F and the HI-TRAC 100D Canister to 
accommodate site-specific restrictions. Additional changes addressed 
the TS definition of transport operations and associated language in 
the SAR; the soluble boron requirements for Array/Class 14x14E IP1 
fuel; the helium gas backfill requirements for Array/Class 14x14E IP1 
fuel; the addition of a fifth damaged fuel container design under the 
TS definition for damaged fuel container; addition of separate burnup, 
cooling time, and decay heat limits for Array/Class 14x14 IP1 fuel for 
loading in an MPC-32 and MPC-32F; addition of antimony-beryllium 
secondary sources as approved contents; the loading of all IP1 fuel 
assemblies in damaged fuel containers; the preclusion of loading of IP1 
fuel debris in the MPC-32 or MPC-32F; the reduction of the maximum 
enrichment for Array/Class 14x14E IP1 fuel from 5.0 to 4.5 weight 
percent uranium-235; changes to licensing drawings to differentiate the 
IP1 MPC-32 and MPC-32F from the previously approved MPC-32 and MPC-32F; 
and other editorial changes, including replacing all references to U.S. 
Tool and Die with Holtec Manufacturing Division. No other changes to 
the Holtec HI-STORM 100 cask system were requested in this application. 
As documented in the SER, the NRC staff performed a detailed safety 
evaluation of the proposed CoC amendment request and found that an 
acceptable safety margin is maintained. In addition, the NRC staff has 
determined that there continues to be reasonable assurance that public 
health and safety and the environment will be adequately protected.
    This direct final rule revises the HI-STORM 100 cask system listing 
in 10 CFR 72.214 by adding Amendment No. 4 to CoC No. 1014. The 
amendment consists of the changes described above as set forth in the 
revised CoC and TS. The particular TS which are changed are identified 
in the SER.
    The amended HI-STORM 100 cask design, when used under the 
conditions specified in the CoC, the TS, and NRC regulations, will meet 
the requirements of Part 72; thus, adequate protection of public health 
and safety will continue to be ensured. After this direct final rule 
becomes effective, persons who hold a general license under 10 CFR 
72.210 may load spent nuclear fuel into HI-STORM 100 casks that meet 
the criteria of Amendment No. 4 to CoC No. 1014, in accordance with 10 
CFR 72.212.

Discussion of Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate No. 1014 is revised by adding the effective date of 
Amendment No. 4.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 4 to 
CoC No. 1014 and does not include other aspects of the HI-STORM 100 dry 
storage cask system. The NRC is using the ``direct final rule 
procedure'' to issue this amendment because it represents a limited and 
routine change to an existing CoC that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on January 8, 2008. However, if the NRC receives significant 
adverse comments on this direct final rule by November 26, 2007, then 
the NRC will publish a document that withdraws this action and will 
subsequently address the comments received in a final rule as a 
response to the companion proposed rule published elsewhere in this 
issue of the Federal Register. Absent significant modifications to the 
proposed revisions requiring republication, the NRC will not initiate a 
second comment period on this action.
    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 staff 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 staff.
    (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 staff to make a change (other than 
editorial) to the rule, CoC, or TS.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the HI-STORM 100 cask design listed in Sec.  72.214 (List of NRC-
approved spent fuel storage cask designs). This action does not 
constitute the establishment of a standard that contains generally 
applicable requirements.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws but does not confer 
regulatory authority on the State.

Plain Language

    The Presidential Memorandum, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear

[[Page 60545]]

and accessible language. The NRC requests comments on this direct final 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent to the address listed under the 
heading ADDRESSES, above.

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has 
determined that this rule, if adopted, would not be a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact statement is not required. The 
NRC has prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule will amend the CoC for the HI-STORM 100 cask design within 
the list of approved spent fuel storage casks that power reactor 
licensees can use to store spent fuel at reactor sites under a general 
license. The amendment will include changes to add site-specific 
options to the CoC to permit use of a modified HI-STORM 100 cask system 
at the IP1 ISFSI. These options include the shortening of the HI-STORM 
100S Version B, MPC-32 and MPC-32F, and the HI-TRAC 100D Canister to 
accommodate site-specific restrictions. Additional changes address the 
TS definition of transport operations and associated language in the 
SAR; the soluble boron requirements for Array/Class 14x14E IP1 fuel; 
the helium gas backfill requirements for Array/Class 14x14E IP1 fuel; 
the addition of a fifth damaged fuel container design under the TS 
definition for damaged fuel container; addition of separate burnup, 
cooling time, and decay heat limits for Array/Class 14x14 IP1 fuel for 
loading in an MPC-32 and MPC-32F; addition of antimony-beryllium 
secondary sources as approved contents; the loading of all IP1 fuel 
assemblies in damaged fuel containers; the preclusion of loading of IP1 
fuel debris in the MPC-32 or MPC-32F; the reduction of the maximum 
enrichment for Array/Class 14x14E IP1 fuel from 5.0 to 4.5 weight 
percent uranium-235; changes to licensing drawings to differentiate the 
IP1 MPC-32 and MPC-32F from the previously approved MPC-32 and MPC-32F; 
and other editorial changes, including replacing all references to U.S. 
Tool and Die with Holtec Manufacturing Division. The environmental 
assessment and finding of no significant impact on which this 
determination is based are available for inspection at the NRC Public 
Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of 
the environmental assessment and finding of no significant impact are 
available from Jayne M. McCausland, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail jmm2@nrc.gov.

Paperwork Reduction Act Statement

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
approved by the Office of Management and Budget (OMB), Approval Number 
3150-0132, 10 CFR part 72.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR Part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, spent fuel is stored 
under the conditions specified in the cask's CoC, and the conditions of 
the general license are met. A list of NRC-approved cask designs is 
contained in 10 CFR 72.214. On May 1, 2000 (65 FR 25241), the NRC 
issued an amendment to part 72 that approved the HI-STORM 100 cask 
design by adding it to the list of NRC-approved cask designs in 10 CFR 
72.214. On June 23, 2006, the certificate holder, Holtec, submitted an 
application to the NRC to amend CoC No. 1014 to add site-specific 
options to the CoC to permit use of a modified HI-STORM 100 cask system 
at the IP1 ISFSI. These options included the shortening of the HI-STORM 
100S Version B, MPC-32 and MPC-32F, and the HI-TRAC 100D Canister to 
accommodate site-specific restrictions. Additional changes addressed 
the TS definition of transport operations and associated language in 
the SAR; the soluble boron requirements for Array/Class 14x14E IP1 
fuel; the helium gas backfill requirements for Array/Class 14x14E IP1 
fuel; the addition of a fifth damaged fuel container design under the 
TS definition for damaged fuel container; addition of separate burnup, 
cooling time, and decay heat limits for Array/Class 14x14 IP1 fuel for 
loading in an MPC-32 and MPC-32F; addition of antimony-beryllium 
secondary sources as approved contents; the loading of all IP1 fuel 
assemblies in damaged fuel containers; the preclusion of loading of IP1 
fuel debris in the MPC-32 or MPC-32F; the reduction of the maximum 
enrichment for Array/Class 14x14E IP1 fuel from 5.0 to 4.5 weight 
percent uranium-235; changes to licensing drawings to differentiate the 
IP1 MPC-32 and MPC-32F from the previously approved MPC-32 and MPC-32F; 
and other editorial changes, including replacing all references to U.S. 
Tool and Die with Holtec Manufacturing Division.
    The alternative to this action is to withhold approval of Amendment 
No. 4 and to require any part 72 general licensee, seeking to load 
spent fuel into HI-STORM 100 casks under Amendment No. 4, to request an 
exemption from the requirements of 10 CFR 72.212 and 72.214. Under this 
alternative, each interested part 72 licensee would have to prepare, 
and the NRC would have to review, a separate exemption request, thereby 
increasing the administrative burden upon the NRC and the costs to each 
licensee.
    Approval of the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, the direct final rule will have no adverse effect on public 
health and safety. This direct final rule has no significant 
identifiable impact or benefit on other Government agencies. Based on 
this regulatory analysis, the NRC concludes that the requirements of 
the direct final rule are commensurate with the NRC's responsibilities 
for public health and safety and the common defense and security. No 
other available alternative is believed to be as satisfactory, and 
thus, this action is recommended.

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this rule will not, if issued, have a significant 
economic impact on a substantial number of small entities. This direct 
final rule affects only nuclear power plant licensees and Holtec. These 
entities do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act or the size 
standards established by the NRC (10 CFR 2.810).

[[Page 60546]]

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule because this amendment does not 
involve any provisions that would impose backfits as defined in 10 CFR 
Chapter I. Therefore, a backfit analysis is not required.

Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs and 
OMB.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

0
For the reasons set out in the preamble and under the authority of the 
Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 
1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 
5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 
10 CFR Part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for Part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


0
2. In Sec.  72.214, Certificate of Compliance 1014 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    Initial Certificate Effective Date: May 31, 2000.
    Amendment Number 1 Effective Date: July 15, 2002.
    Amendment Number 2 Effective Date: June 7, 2005.
    Amendment Number 3 Effective Date: May 29, 2007.
    Amendment Number 4 Effective Date: January 8, 2008.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System.
    Docket Number: 72-1014.
    Certificate Expiration Date: June 1, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 10th day of October, 2007.

    For the Nuclear Regulatory Commission.
William F. Kane,
Acting Executive Director for Operations.
[FR Doc. E7-21016 Filed 10-24-07; 8:45 am]
BILLING CODE 7590-01-P

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