List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 5, 33291-33294 [E8-13190]
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Rules and Regulations
Federal Register
Vol. 73, No. 114
Thursday, June 12, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
RIN 3150–AI24
[NRC–2008–0013]
List of Approved Spent Fuel Storage
Casks: HI-STORM 100 Revision 5
Nuclear Regulatory
Commission.
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC) is amending its
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 MultiPurpose 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 × 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
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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. This final
rule allows the holders of power reactor
operating licenses to store spent fuel in
this approved cask as specified in the
revised conditions under the NRC’s
general license provisions.
The final rule is effective on July
14, 2008.
DATES:
Publicly available
documents related to this rulemaking
may be viewed electronically at https://
www.regulations.gov [Docket ID NRC–
2008–0013] and on the public
computers located at the NRC’s Public
Document Room (PDR), Room O–1F21,
One White Flint North, 11555 Rockville
Pike, Rockville, MD. The PDR
reproduction contractor will copy
documents for a fee.
Publicly available documents created
or received at the NRC are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
NRC/reading-rm/adams.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
any problems in accessing the
documents located in ADAMS, contact
the NRC PDR Reference staff at (800)
ADDRESSES:
PO 00000
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397–4209, (301) 415–4737, or by e-mail
to pdr.resource@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
Jayne.McCausland@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982 (NWPA), as
amended, 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 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,’’ containing 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 Certificate of Compliance
Number (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
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Rules and Regulations
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
Technical Specifications (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 16x16 pressurized
water reactor (PWR) fuel assemblies to
be qualified for storage in the HISTORM 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
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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 HI-STORM
100 cask system were requested in this
application. 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.
The NRC published a direct final rule
(72 FR 74162; December 31, 2007) and
the companion proposed rule (72 FR
74209; December 31, 2007) to amend the
HI-STORM 100 cask system listing in 10
CFR 72.214 to include the changes
requested by Holtec as Amendment No.
5 to CoC No. 1014. The comment period
ended on January 30, 2008. One
comment letter was received on the
proposed rule. The comment contained
within the letter was considered to be
significant and adverse and warranted
withdrawal of the direct final rule. A
notice of withdrawal was published in
the Federal Register on March 12, 2008
(73 FR 13071). Additionally, the NRC
staff is amending the CoC to remove the
word ‘‘approximate’’ from the weight
designation of a loaded transfer cask, as
discussed in the Summary of Public
Comments on the Proposed Rule
Section of this document. No changes
were made in the TS or the safety
evaluation report (SER) as a result of the
comment.
The NRC finds that the Holtec HISTORM cask system, as designed and
when fabricated and used under the
conditions specified in its CoC, meets
the requirements of 10 CFR Part 72.
Thus, use of the Holtec HI-STORM cask
system, as approved by the NRC, will
provide adequate protection of public
health and safety and the environment.
With this final rule, the NRC is
approving the use of the Holtec HISTORM 100 cask system under the
general license in 10 CFR Part 72,
Subpart K, by holders of power reactor
operating licenses under 10 CFR Part 50.
Simultaneously, the NRC is issuing a
final SER and CoC that will be effective
on July 14, 2008. Single copies of the
CoC and SER are available for public
inspection and/or copying for a fee at
the NRC Public Document Room, O–
1F21, One White Flint North, 11555
Rockville Pike, Rockville, MD.
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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
Number 5.
Summary of Public Comments on the
Proposed Rule
The NRC received one comment letter
on the proposed rule. Copies of the
public comment letter are available for
review in the NRC’s Public Document
Room, O–1F21, One White Flint North,
11555 Rockville Pike, Rockville, MD,
and on https://www.regulations.gov. A
review of the comment and the NRC
staff’s response follows:
Comment: The commenter questioned
the use of the word ‘‘approximate’’ in
relation to the maximum weight of a
loaded transfer cask, stating that the
actual weight of the transfer cask can be
somewhat higher than 100 or 125 tons
and still comply with the CoC. The
commenter further noted that exceeding
these maximum weight values would
place the cask into an unanalyzed
condition, thus raising a safety issue.
The commenter stated that the NRC
‘‘needs to specify a numerical range
which would be considered
‘approximate’ in order for the cask user
to make a determination of compliance
with the CoC and when NRC approval
would be required for the heavier
transfer cask.’’ The commenter
recommended deletion of the word
‘‘approximate.’’
Response: The NRC staff agrees with
the comment and has removed the word
‘‘approximate’’ from Section 1.b of the
CoC. No changes are made to the SER
or TS as a result of the comment.
In addition, two minor typographical
errors identified by Holtec in Appendix
A of the CoC, i.e., Table 3–1 and TS
3.1.2, have been corrected.
Summary of Final Revisions
Section 1.b. of the CoC has been
revised to remove the word
‘‘approximate’’ from the description of
the weight designation of a loaded
transfer cask during any loading,
unloading, or transfer operation. In
addition, two typographical errors have
been corrected in Appendix A, Table 3–
1 and TS 3.1.2. No changes to the SER
are required as a result of these changes.
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
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Rules and Regulations
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this final rule, the NRC
is revising the HI-ndash;STORM 100
cask system design listed in 10 CFR
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.
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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 (AEA), as amended, 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.
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. This final rule amends the
CoC for the HI-STORM 100 cask system
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.
Amendment No. 5 modifies the present
cask system design by the 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 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
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requiring spacers, otherwise 1,680
pounds; changes in 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 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. In addition, in CoC Section
1.b., the word ‘‘approximate’’ is
removed from the description of the
weight designation of a loaded spent
fuel storage cask during any loading,
unloading, or transfer operation.
The Environmental Assessment (EA)
and finding of no significant impact on
which this determination is based are
available for inspection at the NRC
Public Document Room, O–1F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD. Single copies of the
EA 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
Jayne.McCausland@nrc.gov.
Paperwork Reduction Act Statement
This 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.
PO 00000
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33293
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
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 16x16 pressurized
water reactor fuel assemblies to be
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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 this amended
cask system design. Withholding
approval, in the absence of any safety
reason for doing so, would not comply
with the requirements of sections 218(a)
and 133 of the Nuclear Waste Policy
Act.
Approval of the final rule is
consistent with previous NRC actions.
Further, the final rule will have no
adverse effect on public health and
safety. This final rule has no significant
identifiable impact or benefit on other
Government agencies. Based on this
discussion of the benefits and impacts
of the alternatives, the NRC concludes
that the requirements of the 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 final rule affects only the licensing
and operation of nuclear power plants,
independent spent fuel storage facilities,
and Holtec. The companies that own
these plants do not fall within the scope
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of the definition of ‘‘small entities’’ set
forth in the Regulatory Flexibility Act or
the Small Business Size Standards set
out in regulations issued by the Small
Business Administration at 13 CFR Part
121.
Backfit Analysis
The NRC has determined that the
backfit rule (10 CFR 50.109 or 10 CFR
72.62) does not apply to this final rule
because this amendment does not
involve any provisions that would
impose backfits as defined. 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; 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:
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.
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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, 2224 (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: June 1,
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:
July 14, 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 22nd
day of May, 2008.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E8–13190 Filed 6–11–08; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2008–0072; Airspace
Docket No. 08–ASO–03]
Establishment of Class E Airspace;
Lady Lake, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule, request for
comments; withdrawal.
AGENCY:
E:\FR\FM\12JNR1.SGM
12JNR1
Agencies
[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Rules and Regulations]
[Pages 33291-33294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13190]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Rules
and Regulations
[[Page 33291]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
RIN 3150-AI24
[NRC-2008-0013]
List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision
5
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
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. This final rule allows the holders of power
reactor operating licenses to store spent fuel in this approved cask as
specified in the revised conditions under the NRC's general license
provisions.
DATES: The final rule is effective on July 14, 2008.
ADDRESSES: Publicly available documents related to this rulemaking may
be viewed electronically at https://www.regulations.gov [Docket ID NRC-
2008-0013] and on the public computers located at the NRC's Public
Document Room (PDR), Room O-1F21, One White Flint North, 11555
Rockville Pike, Rockville, MD. The PDR reproduction contractor will
copy documents for a fee.
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http:/
/www.nrc.gov/NRC/reading-rm/adams.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 any
problems in accessing the documents located in ADAMS, contact the NRC
PDR Reference staff at (800) 397-4209, (301) 415-4737, or by e-mail to
pdr.resource@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 Jayne.McCausland@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act of 1982 (NWPA), as
amended, 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 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,'' containing
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 Certificate of Compliance Number (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
[[Page 33292]]
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 Technical Specifications (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
16x16 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 HI-STORM 100 cask system were requested in
this application. 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.
The NRC published a direct final rule (72 FR 74162; December 31,
2007) and the companion proposed rule (72 FR 74209; December 31, 2007)
to amend the HI-STORM 100 cask system listing in 10 CFR 72.214 to
include the changes requested by Holtec as Amendment No. 5 to CoC No.
1014. The comment period ended on January 30, 2008. One comment letter
was received on the proposed rule. The comment contained within the
letter was considered to be significant and adverse and warranted
withdrawal of the direct final rule. A notice of withdrawal was
published in the Federal Register on March 12, 2008 (73 FR 13071).
Additionally, the NRC staff is amending the CoC to remove the word
``approximate'' from the weight designation of a loaded transfer cask,
as discussed in the Summary of Public Comments on the Proposed Rule
Section of this document. No changes were made in the TS or the safety
evaluation report (SER) as a result of the comment.
The NRC finds that the Holtec HI-STORM cask system, as designed and
when fabricated and used under the conditions specified in its CoC,
meets the requirements of 10 CFR Part 72. Thus, use of the Holtec HI-
STORM cask system, as approved by the NRC, will provide adequate
protection of public health and safety and the environment. With this
final rule, the NRC is approving the use of the Holtec HI-STORM 100
cask system under the general license in 10 CFR Part 72, Subpart K, by
holders of power reactor operating licenses under 10 CFR Part 50.
Simultaneously, the NRC is issuing a final SER and CoC that will be
effective on July 14, 2008. Single copies of the CoC and SER are
available for public inspection and/or copying for a fee at the NRC
Public Document Room, O-1F21, One White Flint North, 11555 Rockville
Pike, Rockville, MD.
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 Number 5.
Summary of Public Comments on the Proposed Rule
The NRC received one comment letter on the proposed rule. Copies of
the public comment letter are available for review in the NRC's Public
Document Room, O-1F21, One White Flint North, 11555 Rockville Pike,
Rockville, MD, and on https://www.regulations.gov. A review of the
comment and the NRC staff's response follows:
Comment: The commenter questioned the use of the word
``approximate'' in relation to the maximum weight of a loaded transfer
cask, stating that the actual weight of the transfer cask can be
somewhat higher than 100 or 125 tons and still comply with the CoC. The
commenter further noted that exceeding these maximum weight values
would place the cask into an unanalyzed condition, thus raising a
safety issue. The commenter stated that the NRC ``needs to specify a
numerical range which would be considered `approximate' in order for
the cask user to make a determination of compliance with the CoC and
when NRC approval would be required for the heavier transfer cask.''
The commenter recommended deletion of the word ``approximate.''
Response: The NRC staff agrees with the comment and has removed the
word ``approximate'' from Section 1.b of the CoC. No changes are made
to the SER or TS as a result of the comment.
In addition, two minor typographical errors identified by Holtec in
Appendix A of the CoC, i.e., Table 3-1 and TS 3.1.2, have been
corrected.
Summary of Final Revisions
Section 1.b. of the CoC has been revised to remove the word
``approximate'' from the description of the weight designation of a
loaded transfer cask during any loading, unloading, or transfer
operation. In addition, two typographical errors have been corrected in
Appendix A, Table 3-1 and TS 3.1.2. No changes to the SER are required
as a result of these changes.
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
[[Page 33293]]
use of such a standard is inconsistent with applicable law or otherwise
impractical. In this final rule, the NRC is revising the HI-ndash;STORM
100 cask system design listed in 10 CFR 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 (AEA), as amended, 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.
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. This
final rule amends the CoC for the HI-STORM 100 cask system 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.
Amendment No. 5 modifies the present cask system design by the 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 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 in 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 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.
In addition, in CoC Section 1.b., the word ``approximate'' is removed
from the description of the weight designation of a loaded spent fuel
storage cask during any loading, unloading, or transfer operation.
The Environmental Assessment (EA) and finding of no significant
impact on which this determination is based are available for
inspection at the NRC Public Document Room, O-1F21, One White Flint
North, 11555 Rockville Pike, Rockville, MD. Single copies of the EA 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 Jayne.McCausland@nrc.gov.
Paperwork Reduction Act Statement
This 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.
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 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
16x16 pressurized water reactor fuel assemblies to be
[[Page 33294]]
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 this amended
cask system design. Withholding approval, in the absence of any safety
reason for doing so, would not comply with the requirements of sections
218(a) and 133 of the Nuclear Waste Policy Act.
Approval of the final rule is consistent with previous NRC actions.
Further, the final rule will have no adverse effect on public health
and safety. This final rule has no significant identifiable impact or
benefit on other Government agencies. Based on this discussion of the
benefits and impacts of the alternatives, the NRC concludes that the
requirements of the 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 final
rule affects only the licensing and operation of nuclear power plants,
independent spent fuel storage facilities, and Holtec. The companies
that own these plants do not fall within the scope of the definition of
``small entities'' set forth in the Regulatory Flexibility Act or the
Small Business Size Standards set out in regulations issued by the
Small Business Administration at 13 CFR Part 121.
Backfit Analysis
The NRC has determined that the backfit rule (10 CFR 50.109 or 10
CFR 72.62) does not apply to this final rule because this amendment
does not involve any provisions that would impose backfits as defined.
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; 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, 2224 (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: June 1, 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: July 14, 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 22nd day of May, 2008.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E8-13190 Filed 6-11-08; 8:45 am]
BILLING CODE 7590-01-P