List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 5, 74162-74166 [E7-25403]

Download as PDF Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations [FR Doc. 07–6201 Filed 12–28–07; 8:45 am] BILLING CODE 3410–05–C NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AI24 List of Approved Spent Fuel Storage Casks: HI–STORM 100 Revision 5 Nuclear Regulatory Commission. ACTION: Direct final rule. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its spent fuel storage cask regulations by revising the Holtec International HI– STORM 100 cask system listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 5 to Certificate of Compliance (CoC) Number 1014. Amendment No. 5 includes deletion of the requirement to perform thermal validation tests on thermal systems; an increase in the design basis maximum decay heat loads, namely, to 34 kilowatts (kW) for uniform loading and 36.9 kW for regionalized loading, and introduction of a new decay heat regionalized scheme; an increase in the maximum fuel assembly weight for boiling water reactor fuel in the Multi-Purpose Canister (MPC)–68 from 700 to 730 pounds; an increase in the maximum fuel assembly weight of up to 1,720 pounds for assemblies not requiring spacers, otherwise 1,680 pounds; changes to the assembly characteristics VerDate Aug<31>2005 17:51 Dec 28, 2007 Jkt 214001 of 16 × 16 pressurized water reactor fuel assemblies to be qualified for storage in the HI–STORM 100 cask system; a change in the fuel storage locations in the MPC–32 for fuel with axial power shaping rod assemblies and in the fuel storage locations in the MPC–24, MPC– 24E, and the MPC–32 for fuel with control rod assemblies, rod cluster control assemblies, and control element assemblies; elimination of the restriction that fuel debris can only be loaded into the MPC–24EF, MPC–32F, MPC–68F, and MPC–68FF canisters; introduction of a requirement that all MPC confinement boundary components and any MPC components exposed to spent fuel pool water or the ambient environment be made of stainless steel or, for MPC internals, neutron absorber or aluminum; the addition of a threshold heat load below which operation of the Supplemental Cooling System would not be required and modification of the design criteria to simplify the system; minor editorial changes to include clarification of the description of anchored casks, correction of typographical/editorial errors, clarification of the definitions of loading operations, storage operations, transport operations, unloading operations, cask loading facility, and transfer cask in various locations throughout the CoC and Final Safety Analysis Report; and modification of the definition of non-fuel hardware to include the individual parts of the items defined as non-fuel hardware. The final rule is effective March 17, 2008, unless significant adverse comments are received by January 30, DATES: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 2008. 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–AI24) 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 http://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. E:\FR\FM\31DER1.SGM 31DER1 ER31DE07.008</GPH> 74162 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations 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 http://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 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 Technical Specifications (TS), and the preliminary safety evaluation report (SER) for Amendment No. 5 can be found in a package under ADAMS Accession No. ML072540157. CoC No. 1014, the revised TS, the preliminary SER for Amendment No. 5, 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: mstockstill on PROD1PC66 with RULES 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 VerDate Aug<31>2005 17:23 Dec 28, 2007 Jkt 214001 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 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 December 30, 2004, the certificate holder, Holtec International (Holtec) submitted an application to the NRC that requested an amendment to CoC No. 1014. The amendment principally included changes to increase the design basis maximum decay heat loads of the HI–STORM 100 cask system and add a new underground storage configuration, designated the HI–STORM 100U, to the CoC. On November 29, 2006, Holtec withdrew the portion of the application that added the HI–STORM 100U to the CoC. The application, as modified by the December 22, 2006, Revision 2, submittal, and as supplemented on March 20, 2007, March 30, 2007, May 4, 2007, May 22, 2007, June 15, 2007, July 17, 2007, and September 6, 2007, requested changes to the CoC, the TS, and the Final Safety Analysis Report (FSAR), to modify the HI–STORM 100 cask system. Specifically, the proposed changes included deletion of the requirement to perform thermal validation tests on thermal systems; an increase in the design basis maximum decay heat loads, namely, to 34 kW for uniform loading and 36.9 kW for regionalized loading, and introduction of a new decay heat regionalized scheme; increase in the maximum fuel assembly weight for boiling water reactor fuel in the MPC–68 from 700 to 730 pounds; an increase in the maximum fuel assembly weight of up to 1,720 pounds for assemblies not requiring spacers, otherwise 1,680 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 74163 pounds; changes to the assembly characteristics of 16 × 16 pressurized water reactor (PWR) fuel assemblies to be qualified for storage in the HI– STORM 100 cask system; a change in the fuel storage locations in the MPC– 32 for fuel with axial power shaping rod assemblies (APSRAs) and in the fuel storage locations in the MPC–24, MPC– 24E, and the MPC–32 for fuel with control rod assemblies (CRAs), rod cluster control assemblies (RCCAs), and control element assemblies (CEAs); elimination of the restriction that fuel debris can only be loaded into the MPC– 24EF, MPC–32F, MPC–68F, and MPC– 68FF canisters; introduction of a requirement that all MPC confinement boundary components and any MPC components exposed to spent fuel pool water or the ambient environment be made of stainless steel or, for MPC internals, neutron absorber or aluminum; the addition of a threshold heat load below which operation of the Supplemental Cooling System (SCS) would not be required and modification of the design criteria to simplify the system; minor editorial changes to include clarification of the description of anchored casks, correction of typographical/editorial errors, clarification of the definitions of loading operations, storage operations, transport operations, unloading operations, cask loading facility, and transfer cask in various locations throughout the CoC and the FSAR; and modification of the definition of non-fuel hardware to include the individual parts of the items defined as non-fuel hardware. 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. 5 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 E:\FR\FM\31DER1.SGM 31DER1 74164 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations general license under 10 CFR 72.210 may load spent nuclear fuel into HI– STORM 100 casks that meet the criteria of Amendment No. 5 to CoC No. 1014, in accordance with 10 CFR 72.212. Discussion of Amendments by Section mstockstill on PROD1PC66 with RULES Section 72.214 List of approved spent fuel storage casks. Certificate No. 1014 is revised by adding the effective date of Amendment No. 5. Procedural Background This rule is limited to the changes contained in Amendment No. 5 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 March 17, 2008. However, if the NRC receives significant adverse comments on this direct final rule by January 30, 2008, 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: (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. VerDate Aug<31>2005 17:23 Dec 28, 2007 Jkt 214001 (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 § 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 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 deletion of the requirement to perform thermal validation tests on thermal systems; an increase in the design basis maximum decay heat loads, namely, to 34 kW for uniform loading and 36.9 kW for regionalized loading, and introduction of a new decay heat regionalized scheme; an increase in the maximum fuel assembly weight for BWR fuel in the MPC–68 from 700 to 730 pounds; an increase in the maximum fuel assembly weight of up to 1,720 pounds for assemblies not requiring spacers, otherwise 1,680 pounds; changes to the assembly characteristics of 16 × 16 pressurized water reactor fuel assemblies to be qualified for storage in the HI–STORM 100 cask system; a change in the fuel storage locations in the MPC–32 for fuel with APSRAs and in the fuel storage locations in the MPC– 24, MPC–24E, and the MPC–32 for fuel with CRAs, RCCAs, and CEAs; elimination of the restriction that fuel debris can only be loaded into the MPC– 24EF, MPC–32F, MPC–68F, and MPC– 68FF canisters; introduction of a requirement that all MPC confinement boundary components and any MPC components exposed to spent fuel pool water or the ambient environment be made of stainless steel or, for MPC internals, neutron absorber or aluminum; the addition of a threshold heat load below which operation of the SCS would not be required and modification of the design criteria to simplify the system; minor editorial changes to include clarification of the description of anchored casks, correction of typographical/editorial errors, clarification of the definitions of loading operations, storage operations, transport operations, unloading operations, cask loading facility, and transfer cask in various locations throughout the CoC and FSAR; and modification of the definition of nonfuel hardware to include the individual parts of the items defined as non-fuel hardware. The environmental assessment and finding of no significant impact on which this determination is based are E:\FR\FM\31DER1.SGM 31DER1 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations 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, Approval Number 3150–0132, 10 CFR Part 72. mstockstill on PROD1PC66 with RULES 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 December 30, 2004, the certificate holder, Holtec, submitted an application to the NRC that requested an amendment to CoC No. 1014. The amendment principally included changes to increase the design basis maximum decay heat loads of the HI–STORM 100 cask system and add a new underground storage configuration, designated the HI–STORM 100U, to the CoC. On November 29, 2006, Holtec withdrew the portion of the application that would have added the HI–STORM 100U to the CoC. The application, as modified on December 22, 2006 (Revision 2), and as supplemented on March 20, 2007, March 30, 2007, May 4, VerDate Aug<31>2005 17:23 Dec 28, 2007 Jkt 214001 2007, May 22, 2007, June 15, 2007, July 17, 2007, and September 6, 2007, requested changes to the CoC, the TS, and the FSAR to modify the HI–STORM 100 cask system. Specifically, the proposed changes included deletion of the requirement to perform thermal validation tests on thermal systems; an increase in the design basis maximum decay heat loads, namely, to 34 kW for uniform loading and 36.9 kW for regionalized loading, and introduction of a new decay heat regionalized scheme; increase in the maximum fuel assembly weight for BWR fuel in the MPC–68 from 700 to 730 pounds; an increase in the maximum fuel assembly weight of up to 1,720 pounds for assemblies not requiring spacers, otherwise 1,680 pounds; changes to the assembly characteristics of 16x16 pressurized water reactor fuel assemblies to be qualified for storage in the HI–STORM 100 cask system; a change in the fuel storage locations in the MPC–32 for fuel with APSRAs and in the fuel storage locations in the MPC–24, MPC–24E, and the MPC–32 for fuel with CRAs, RCCAs, and CEAs; elimination of the restriction that fuel debris can only be loaded into the MPC–24EF, MPC–32F, MPC–68F, and MPC–68FF canisters; introduction of a requirement that all MPC confinement boundary components and any MPC components exposed to spent fuel pool water or the ambient environment be made of stainless steel or, for MPC internals, neutron absorber or aluminum; the addition of a threshold heat load below which operation of the SCS would not be required and modification of the design criteria to simplify the system; minor editorial changes to include clarification of the description of anchored casks, correction of typographical/editorial errors, clarification of the definitions of loading operations, storage operations, transport operations, unloading operations, cask loading facility, and transfer cask in various locations throughout the CoC and the FSAR; and modification of the definition of nonfuel hardware to include the individual parts of the items defined as non-fuel hardware. The alternative to this action is to withhold approval of Amendment No. 5 and to require any Part 72 general licensee, seeking to load spent fuel into HI–STORM 100 casks under the changes described in Amendment No. 5, 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, PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 74165 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). 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, Office of Management and Budget. 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. E:\FR\FM\31DER1.SGM 31DER1 74166 Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations 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: 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 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 mstockstill on PROD1PC66 with RULES * * * * * 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. Amendment Number 5 Effective Date: March 17, 2008. 17:51 Dec 28, 2007 Jkt 214001 Dated at Rockville, Maryland, this 11th day of December, 2007. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E7–25403 Filed 12–28–07; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 30585; Amdt. No. 3249] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This rule establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports. This rule is effective December 31, 2007. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 31, 2007. ADDRESSES: Availability of matters incorporated by reference in the amendment is as follows: For Examination— 1. FAA Rules Docket, FAA Headquarters Building, 800 DATES: § 72.214 List of approved spent fuel storage casks. VerDate Aug<31>2005 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. * * * * * PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Independence Avenue, SW., Washington, DC 20591; 2. The FAA Regional Office of the region in which the affected airport is located; 3. The National Flight Procedures Office, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or, 4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. Availability—All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from: 1. FAA Public Inquiry Center (APA– 200), FAA Headquarters Building, 800 Independence Avenue, SW., Washington, DC 20591; or 2. The FAA Regional Office of the region in which the affected airport is located. FOR FURTHER INFORMATION CONTACT: Harry. J. Hodges, Flight Procedure Standards Branch (AFS–420), Flight Technologies and Programs Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) telephone: (405) 954–4164. SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or revoking SIAPs, Takeoff Minimums and/or ODPs. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA Forms are FAA Forms 8260–3, 8260–4, 8260–5, 8260–15A, and 8260–15B when required by an entry on 8260–15A. The large number of SIAPs, Takeoff Minimums and ODPs, in addition to their complex nature and the need for a special format make publication in the Federal Register expensive and impractical. Furthermore, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and E:\FR\FM\31DER1.SGM 31DER1

Agencies

[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Rules and Regulations]
[Pages 74162-74166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25403]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI24


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 
5

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its spent 
fuel storage cask regulations by revising the Holtec International HI-
STORM 100 cask system listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 5 to Certificate of Compliance 
(CoC) Number 1014. Amendment No. 5 includes deletion of the requirement 
to perform thermal validation tests on thermal systems; an increase in 
the design basis maximum decay heat loads, namely, to 34 kilowatts (kW) 
for uniform loading and 36.9 kW for regionalized loading, and 
introduction of a new decay heat regionalized scheme; an increase in 
the maximum fuel assembly weight for boiling water reactor fuel in the 
Multi-Purpose Canister (MPC)-68 from 700 to 730 pounds; an increase in 
the maximum fuel assembly weight of up to 1,720 pounds for assemblies 
not requiring spacers, otherwise 1,680 pounds; changes to the assembly 
characteristics of 16 x 16 pressurized water reactor fuel assemblies to 
be qualified for storage in the HI-STORM 100 cask system; a change in 
the fuel storage locations in the MPC-32 for fuel with axial power 
shaping rod assemblies and in the fuel storage locations in the MPC-24, 
MPC-24E, and the MPC-32 for fuel with control rod assemblies, rod 
cluster control assemblies, and control element assemblies; elimination 
of the restriction that fuel debris can only be loaded into the MPC-
24EF, MPC-32F, MPC-68F, and MPC-68FF canisters; introduction of a 
requirement that all MPC confinement boundary components and any MPC 
components exposed to spent fuel pool water or the ambient environment 
be made of stainless steel or, for MPC internals, neutron absorber or 
aluminum; the addition of a threshold heat load below which operation 
of the Supplemental Cooling System would not be required and 
modification of the design criteria to simplify the system; minor 
editorial changes to include clarification of the description of 
anchored casks, correction of typographical/editorial errors, 
clarification of the definitions of loading operations, storage 
operations, transport operations, unloading operations, cask loading 
facility, and transfer cask in various locations throughout the CoC and 
Final Safety Analysis Report; and modification of the definition of 
non-fuel hardware to include the individual parts of the items defined 
as non-fuel hardware.

DATES: The final rule is effective March 17, 2008, unless significant 
adverse comments are received by January 30, 2008. 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-AI24) 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 http://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.

[[Page 74163]]

    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 http://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 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 Technical Specifications (TS), and the preliminary safety 
evaluation report (SER) for Amendment No. 5 can be found in a package 
under ADAMS Accession No. ML072540157.
    CoC No. 1014, the revised TS, the preliminary SER for Amendment No. 
5, 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 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 December 30, 2004, the certificate holder, Holtec International 
(Holtec) submitted an application to the NRC that requested an 
amendment to CoC No. 1014. The amendment principally included changes 
to increase the design basis maximum decay heat loads of the HI-STORM 
100 cask system and add a new underground storage configuration, 
designated the HI-STORM 100U, to the CoC. On November 29, 2006, Holtec 
withdrew the portion of the application that added the HI-STORM 100U to 
the CoC. The application, as modified by the December 22, 2006, 
Revision 2, submittal, and as supplemented on March 20, 2007, March 30, 
2007, May 4, 2007, May 22, 2007, June 15, 2007, July 17, 2007, and 
September 6, 2007, requested changes to the CoC, the TS, and the Final 
Safety Analysis Report (FSAR), to modify the HI-STORM 100 cask system. 
Specifically, the proposed changes included deletion of the requirement 
to perform thermal validation tests on thermal systems; an increase in 
the design basis maximum decay heat loads, namely, to 34 kW for uniform 
loading and 36.9 kW for regionalized loading, and introduction of a new 
decay heat regionalized scheme; increase in the maximum fuel assembly 
weight for boiling water reactor fuel in the MPC-68 from 700 to 730 
pounds; an increase in the maximum fuel assembly weight of up to 1,720 
pounds for assemblies not requiring spacers, otherwise 1,680 pounds; 
changes to the assembly characteristics of 16 x 16 pressurized water 
reactor (PWR) fuel assemblies to be qualified for storage in the HI-
STORM 100 cask system; a change in the fuel storage locations in the 
MPC-32 for fuel with axial power shaping rod assemblies (APSRAs) and in 
the fuel storage locations in the MPC-24, MPC-24E, and the MPC-32 for 
fuel with control rod assemblies (CRAs), rod cluster control assemblies 
(RCCAs), and control element assemblies (CEAs); elimination of the 
restriction that fuel debris can only be loaded into the MPC-24EF, MPC-
32F, MPC-68F, and MPC-68FF canisters; introduction of a requirement 
that all MPC confinement boundary components and any MPC components 
exposed to spent fuel pool water or the ambient environment be made of 
stainless steel or, for MPC internals, neutron absorber or aluminum; 
the addition of a threshold heat load below which operation of the 
Supplemental Cooling System (SCS) would not be required and 
modification of the design criteria to simplify the system; minor 
editorial changes to include clarification of the description of 
anchored casks, correction of typographical/editorial errors, 
clarification of the definitions of loading operations, storage 
operations, transport operations, unloading operations, cask loading 
facility, and transfer cask in various locations throughout the CoC and 
the FSAR; and modification of the definition of non-fuel hardware to 
include the individual parts of the items defined as non-fuel hardware.
    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. 5 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

[[Page 74164]]

general license under 10 CFR 72.210 may load spent nuclear fuel into 
HI-STORM 100 casks that meet the criteria of Amendment No. 5 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. 5.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 5 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 March 17, 2008. However, if the NRC receives significant 
adverse comments on this direct final rule by January 30, 2008, 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 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 deletion of the requirement to perform 
thermal validation tests on thermal systems; an increase in the design 
basis maximum decay heat loads, namely, to 34 kW for uniform loading 
and 36.9 kW for regionalized loading, and introduction of a new decay 
heat regionalized scheme; an increase in the maximum fuel assembly 
weight for BWR fuel in the MPC-68 from 700 to 730 pounds; an increase 
in the maximum fuel assembly weight of up to 1,720 pounds for 
assemblies not requiring spacers, otherwise 1,680 pounds; changes to 
the assembly characteristics of 16 x 16 pressurized water reactor fuel 
assemblies to be qualified for storage in the HI-STORM 100 cask system; 
a change in the fuel storage locations in the MPC-32 for fuel with 
APSRAs and in the fuel storage locations in the MPC-24, MPC-24E, and 
the MPC-32 for fuel with CRAs, RCCAs, and CEAs; elimination of the 
restriction that fuel debris can only be loaded into the MPC-24EF, MPC-
32F, MPC-68F, and MPC-68FF canisters; introduction of a requirement 
that all MPC confinement boundary components and any MPC components 
exposed to spent fuel pool water or the ambient environment be made of 
stainless steel or, for MPC internals, neutron absorber or aluminum; 
the addition of a threshold heat load below which operation of the SCS 
would not be required and modification of the design criteria to 
simplify the system; minor editorial changes to include clarification 
of the description of anchored casks, correction of typographical/
editorial errors, clarification of the definitions of loading 
operations, storage operations, transport operations, unloading 
operations, cask loading facility, and transfer cask in various 
locations throughout the CoC and FSAR; and modification of the 
definition of non-fuel hardware to include the individual parts of the 
items defined as non-fuel hardware.
    The environmental assessment and finding of no significant impact 
on which this determination is based are

[[Page 74165]]

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, 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 December 30, 2004, the certificate holder, Holtec, submitted 
an application to the NRC that requested an amendment to CoC No. 1014. 
The amendment principally included changes to increase the design basis 
maximum decay heat loads of the HI-STORM 100 cask system and add a new 
underground storage configuration, designated the HI-STORM 100U, to the 
CoC. On November 29, 2006, Holtec withdrew the portion of the 
application that would have added the HI-STORM 100U to the CoC. The 
application, as modified on December 22, 2006 (Revision 2), and as 
supplemented on March 20, 2007, March 30, 2007, May 4, 2007, May 22, 
2007, June 15, 2007, July 17, 2007, and September 6, 2007, requested 
changes to the CoC, the TS, and the FSAR to modify the HI-STORM 100 
cask system.
    Specifically, the proposed changes included deletion of the 
requirement to perform thermal validation tests on thermal systems; an 
increase in the design basis maximum decay heat loads, namely, to 34 kW 
for uniform loading and 36.9 kW for regionalized loading, and 
introduction of a new decay heat regionalized scheme; increase in the 
maximum fuel assembly weight for BWR fuel in the MPC-68 from 700 to 730 
pounds; an increase in the maximum fuel assembly weight of up to 1,720 
pounds for assemblies not requiring spacers, otherwise 1,680 pounds; 
changes to the assembly characteristics of 16x16 pressurized water 
reactor fuel assemblies to be qualified for storage in the HI-STORM 100 
cask system; a change in the fuel storage locations in the MPC-32 for 
fuel with APSRAs and in the fuel storage locations in the MPC-24, MPC-
24E, and the MPC-32 for fuel with CRAs, RCCAs, and CEAs; elimination of 
the restriction that fuel debris can only be loaded into the MPC-24EF, 
MPC-32F, MPC-68F, and MPC-68FF canisters; introduction of a requirement 
that all MPC confinement boundary components and any MPC components 
exposed to spent fuel pool water or the ambient environment be made of 
stainless steel or, for MPC internals, neutron absorber or aluminum; 
the addition of a threshold heat load below which operation of the SCS 
would not be required and modification of the design criteria to 
simplify the system; minor editorial changes to include clarification 
of the description of anchored casks, correction of typographical/
editorial errors, clarification of the definitions of loading 
operations, storage operations, transport operations, unloading 
operations, cask loading facility, and transfer cask in various 
locations throughout the CoC and the FSAR; and modification of the 
definition of non-fuel hardware to include the individual parts of the 
items defined as non-fuel hardware.
    The alternative to this action is to withhold approval of Amendment 
No. 5 and to require any Part 72 general licensee, seeking to load 
spent fuel into HI-STORM 100 casks under the changes described in 
Amendment No. 5, 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).

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, 
Office of Management and Budget.

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.

[[Page 74166]]

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.
Amendment Number 5 Effective Date: March 17, 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 11th day of December, 2007.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
 [FR Doc. E7-25403 Filed 12-28-07; 8:45 am]
BILLING CODE 7590-01-P