List of Approved Spent Fuel Storage Casks: HI-STORM 100 Cask System; Amendment No. 9, 73379-73383 [2013-29162]

Download as PDF 73379 Rules and Regulations Federal Register Vol. 78, No. 235 Friday, December 6, 2013 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 [NRC–2012–0052] RIN 3150–AJ12 List of Approved Spent Fuel Storage Casks: HI–STORM 100 Cask System; Amendment No. 9 Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage 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. 9 to Certificate of Compliance (CoC) No. 1014. Amendment No. 9 broadens the subgrade requirements for the HI– STORM 100U part of the HI–STORM 100 Cask System and updates the thermal model and methodology for the HI–TRAC transfer cask from a two dimensional thermal-hydraulic model to a more accurate three dimensional model. The amendment also makes editorial corrections. DATES: The direct final rule is effective February 19, 2014, unless significant adverse comments are received by January 6, 2014. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date. ADDRESSES: Please refer to Docket ID NRC–2012–0052 when contacting the NRC about the availability of information for this direct final rule. maindgalligan on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:51 Dec 05, 2013 Jkt 232001 You may access publicly available information related to this direct final rule by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0052. Address questions about NRC dockets to Carol Gallagher, telephone: 301–287–3422, email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at: https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at: 1–800–397–4209, 301–415–4737, or by email to: pdr.resource@nrc.gov. An electronic copy of the proposed CoC, including Appendices A and B of the Technical Specifications (TS), Appendix A—100U and Appendix B— 100U of the TS, and the preliminary safety evaluation report (SER) are available in ADAMS under Package Accession No. ML120530246. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 6103, email: Naiem.Tanious@nrc.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Procedural Background II. Background III. Discussion of Changes IV. Voluntary Consensus Standards V. Agreement State Compatibility VI. Plain Writing VII. Finding of No Significant Environmental Impact: Availability VIII. Paperwork Reduction Act Statement IX. Regulatory Analysis X. Regulatory Flexibility Certification XI. Backfitting and Issue Finality XII. Congressional Review Act PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 I. Procedural Background This direct final rule is limited to the changes contained in Amendment No. 9 to CoC No. 1014 and does not include other aspects of the HI–STORM 100 Cask System design. 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 February 19, 2014. However, if the NRC receives significant adverse comments on this direct final rule by January 6, 2014, 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 in the Proposed Rule section of 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. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or TSs. For detailed instructions on submitting comments, please see the companion proposed rule published in E:\FR\FM\06DER1.SGM 06DER1 73380 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations the Proposed Rule section of this issue of the Federal Register. maindgalligan on DSK5TPTVN1PROD with RULES II. Background Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that ‘‘the Secretary [of the U.S. Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [U.S. 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 ‘‘[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in part 72 of Title 10 of the Code of Federal Regulations (10 CFR), ’’Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater then Class C Waste,’’ 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 (65 FR 25241; May 1, 2000) 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, ‘‘List of approved spent fuel storage casks,’’ as CoC No. 1014. III. Discussion of Changes On September 10, 2010 (ADAMS Accession No. ML102570739), Holtec International submitted a request to the NRC to amend CoC No. 1014. Holtec supplemented its request on the following dates: October 1, 2010 (ADAMS Accession No. ML102780596); November 14, 2011 (ADAMS Accession No. ML11320A185); April 17, 2013 (ADAMS Accession No. ML13114A952); and May 15, 2013 (ADAMS Accession No. ML13137A067). The amendment VerDate Mar<15>2010 16:51 Dec 05, 2013 Jkt 232001 broadens the subgrade requirements for the HI–STORM 100U part of the HI– STORM 100 Cask System, updates the thermal model and methodology for the HI–TRAC transfer cask from a two dimensional thermal-hydraulic model to a more accurate three dimensional model, and makes editorial corrections. The amendment changes are available in ADAMS under Package Accession No. ML120530246. The ADAMS Accession No. for the HI–STORM 100 Cask System Amendment No. 9, dated June 20, 2013, is ML120530271. As documented in the SER (ADAMS Accession No. ML120530329), the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request. There are no significant changes to cask design requirements in the proposed CoC amendment. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of confinement, shielding, and criticality control. If there is no loss of confinement, shielding, or criticality control, the environmental impacts would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 9 would remain well within the 10 CFR part 20, ‘‘Standards for Protection Against Radiation,’’ limits. Therefore, the proposed CoC changes will not result in any radiological or nonradiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the May 1, 2000, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. This direct final rule revises the HI– STORM 100 Cask System listing in 10 CFR 72.214 by adding Amendment No. 9 to CoC No. 1014. The amendment consists of the changes previously described, as set forth in the revised CoC and TSs. The revised TSs are identified in the SER. The amended HI–STORM 100 cask design, when used under the conditions specified in the CoC, the TSs, and the NRC’s regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be ensured. When this direct final rule becomes effective, persons who hold a PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 general license under 10 CFR 72.210, ‘‘General license issued,’’ may load spent nuclear fuel into HI–STORM 100 Cask Systems that meet the criteria of Amendment No. 9 to CoC No. 1014 under 10 CFR 72.212, ‘‘Conditions of general license issued 72.212.’’ IV. 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 System design listed in 10 CFR 72.214. This action does not constitute the establishment of a standard that contains generally applicable requirements. V. 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 direct final 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, or the provisions of 10 CFR. Although an Agreement State may not adopt program elements reserved to the 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. VI. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, well-organized manner that also follows other best practices appropriate to the subject or field and the intended audience. The NRC has attempted to use plain language in promulgating this rule consistent with the Federal Plain Writing Act guidelines. VII. Finding of No Significant Environmental Impact: Availability A. The Action The action is to amend 10 CFR 72.214 to revise the HI–STORM 100 Cask System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to E:\FR\FM\06DER1.SGM 06DER1 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations include Amendment No. 9 to CoC No. 1014. Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in subpart A of 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ 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 made a finding of no significant impact on the basis of this environmental assessment. maindgalligan on DSK5TPTVN1PROD with RULES B. The Need for the Action This direct final rule amends the CoC for the HI–STORM 100 Cask System 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. Specifically, Holtec, in Amendment No. 9, requested changes to broaden the subgrade requirements for the HI– STORM 100U part of the HI–STORM 100 Cask Storage System, update the thermal model and methodology for the HI–TRAC transfer cask from a two dimensional thermal-hydraulic model to a more accurate three dimensional model, and make editorial corrections. C. Environmental Impacts of the Action The potential environmental impact of using the HI–STORM 100 Cask System was initially analyzed in the environmental assessment for the final rule to add the HI–STORM 100 Cask System to the list of approved spent fuel storage casks in 10 CFR 72.214 (65 FR 25241; May 1, 2000). The environmental assessment for the May 1, 2000, final rule concluded that there would be no significant environmental impacts to adding the HI–STORM 100 Cask System, and therefore, the NRC issued a finding of no significant impact, which continues to be valid. The environmental assessment, for this Amendment No. 9, tiers on the environmental assessment for the May 1, 2000, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act. HI–STORM 100 Cask Systems are designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating VerDate Mar<15>2010 16:51 Dec 05, 2013 Jkt 232001 license would store spent fuel in casks in accordance with 10 CFR part 72, include tornado winds and tornadogenerated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of confinement, shielding, and criticality control. If there is no loss of confinement, shielding, or criticality control, the environmental impacts would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. There are no significant changes to cask design requirements in the proposed CoC amendment. In addition, because there are no significant design or process changes any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 9 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the May 1, 2000, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The staff documented its safety findings in an SER which is available in ADAMS under Accession No. ML120530329. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 9 and end the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into HI– STORM 100 Cask Systems in accordance with the changes described in proposed Amendment No. 9 would have to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, interested licensees 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. Therefore, the environmental impacts would be the same or less than the action. E. Alternative Use of Resources Approval of Amendment No. 9 to CoC No. 1014 would result in no irreversible commitments of resources. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 73381 F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, ‘‘List of Approved Spent Fuel Storage Casks: HI– STORM 100 Cask System, Amendment No. 9,’’ will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. VIII. Paperwork Reduction Act Statement This direct final rule does not contain any information collection requirements and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget (OMB), Approval Number 3150–0132. 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. IX. 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, the 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 10 CFR part 72 that approved the HI–STORM 100 Cask System design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On September 10, 2010, Holtec International submitted a request to the NRC to amend CoC No. 1014. Holtec supplemented its request on the following dates: October 1, 2010, November 14, 2011, April 17, 2013, and May 15, 2013. The amendment broadens E:\FR\FM\06DER1.SGM 06DER1 73382 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations the subgrade requirements for the HI– STORM 100U part of the HI–STORM 100 Cask System, updates the thermal model and methodology for the HI– TRAC transfer cask from a two dimensional thermal-hydraulic model to a more accurate three dimensional model, and makes editorial corrections. The alternative to this action is to withhold approval of Amendment No. 9 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into HI–STORM 100 Cask Systems under the changes described in Amendment No. 9 to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested 10 CFR 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 this 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 or the environment. 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 therefore, this action is recommended. maindgalligan on DSK5TPTVN1PROD with RULES X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final 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 International, Inc. 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). XI. Backfitting and Issue Finality The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises CoC No. 1014 for the Holtec International HI–STORM 100 Cask System, as currently listed in 10 CFR 72.214, ‘‘List of Approved Spent Fuel Storage Casks.’’ The revision consists of Amendment No. 9, which VerDate Mar<15>2010 16:51 Dec 05, 2013 Jkt 232001 broadens the subgrade requirements for the HI–STORM 100U part of the HI– STORM 100 Cask System, updates the thermal model and methodology for the HI–TRAC transfer cask from a two dimensional thermal-hydraulic model to a more accurate three dimensional model, and makes editorial corrections. Amendment No. 9 to CoC No. 1014 for the Holtec International HI–STORM 100 Cask System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 9 applies only to new casks fabricated and used under Amendment No. 9. These changes do not affect existing users of the HI– STORM 100 Cask System, and the current Amendment No. 8 continues to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 9, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 9 to CoC No. 1014 does not constitute backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, no backfit analysis or additional documentation addressing the issue finality criteria in 10 CFR part 52 has been prepared by the staff. XII. Congressional Review Act The Office of Management and Budget has not found this to be a major rule as defined in the Congressional Review Act. 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. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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: ■ Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Protection Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109– 58, 119 Stat. 549 (2005). Section 72.44(g) also issued under secs. Nuclear Waste Policy Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1014 is revised to read as follows: ■ § 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: July 14, 2008. Amendment Number 6 Effective Date: August 17, 2009. Amendment Number 7 Effective Date: December 28, 2009. Amendment Number 8 Effective Date: May 2, 2012, as corrected on November 16, 2012 (ADAMS Accession No. ML12213A170). Amendment Number 9 Effective Date: February 19, 2014. SAR Submitted by: Holtec International, Inc. E:\FR\FM\06DER1.SGM 06DER1 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations SAR Title: Final Safety Analysis Report for the HI–STORM 100 Cask System. Docket Number: 72–1014. Certificate Expiration Date: May 31, 2020. Model Number: HI–STORM 100. * * * * * DATES: Dated at Rockville, Maryland, this 2nd day of December 2013. For the Nuclear Regulatory Commission. Michael R. Johnson, Acting Executive Director for Operations. [FR Doc. 2013–29162 Filed 12–5–13; 8:45 am] BILLING CODE 7590–01–P BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1090 [Docket No. CFPB–2013–0005] RIN 3170–AA35 Defining Larger Participants of the Student Loan Servicing Market Bureau of Consumer Financial Protection. ACTION: Final rule. AGENCY: The Bureau of Consumer Financial Protection (Bureau or CFPB) amends the regulation defining larger participants of certain consumer financial product and service markets by adding a new section to define larger participants of a market for student loan servicing. The Bureau is issuing the final rule pursuant to its authority, under the Dodd-Frank Wall Street Reform and Consumer Protection Act, to supervise certain nonbank covered persons for compliance with Federal consumer financial law and for other purposes. The Bureau has the authority to supervise nonbank covered persons of all sizes in the residential mortgage, private education lending, and payday lending markets. In addition, the Bureau has the authority to supervise nonbank ‘‘larger participant[s]’’ of markets for other consumer financial products or services, as the Bureau defines by rule. Rules defining larger participants of a market for consumer reporting and larger participants of a market for consumer debt collection were published in the Federal Register on July 20, 2012 (Consumer Reporting Rule) and October 31, 2012 (Consumer Debt Collection Rule). This final rule identifies a market for student loan servicing and defines ‘‘larger participants’’ of this market that are subject to the Bureau’s supervisory authority. maindgalligan on DSK5TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:51 Dec 05, 2013 Jkt 232001 Effective March 1, 2014. FOR FURTHER INFORMATION CONTACT: Allison Brown, Program Manager, (202) 435–7107, Amanda Quester, Senior Counsel, (202) 365–0702, or Brian Shearer, Attorney, (202) 435–7794, Office of Supervision Policy, Bureau of Consumer Financial Protection, 1700 G Street NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: On March 28, 2013, the Bureau published a notice of proposed rulemaking proposing to define larger participants of a market for student loan servicing.1 The Bureau is issuing this final rule to define larger participants of the identified market (Final Rule). I. Overview Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 2 established the Bureau on July 21, 2010. Under 12 U.S.C. 5514, the Bureau has supervisory authority over all nonbank covered persons 3 offering or providing three enumerated types of consumer financial products or services: (1) Origination, brokerage, or servicing of consumer loans secured by real estate, and related mortgage loan modification or foreclosure relief services; (2) private education loans; and (3) payday loans.4 The Bureau also has supervisory authority over ‘‘larger participant[s] of a market for other consumer financial products or services,’’ as the Bureau defines by rule.5 The Bureau is authorized to supervise nonbank covered persons subject to 12 1 78 FR 18902 (Mar. 28, 2013). Law 111–203, 124 Stat. 1376 (2010) (codified at 12 U.S.C. 5301 et seq.). 3 The provisions of 12 U.S.C. 5514 apply to certain categories of covered persons, described in subsection (a)(1), and expressly exclude from coverage persons described in 12 U.S.C. 5515(a) or 5516(a). ‘‘Covered persons’’ include ‘‘(A) any person that engages in offering or providing a consumer financial product or service; and (B) any affiliate of a person described [in (A)] if such affiliate acts as a service provider to such person.’’ 12 U.S.C. 5481(6). 4 12 U.S.C. 5514(a)(1)(A), (D), (E). The Bureau also has the authority to supervise any nonbank covered person that it ‘‘has reasonable cause to determine, by order, after notice to the covered person and a reasonable opportunity . . . to respond . . . is engaging, or has engaged, in conduct that poses risks to consumers with regard to the offering or provision of consumer financial products or services.’’ 12 U.S.C. 5514(a)(1)(C); see also 12 CFR part 1091 (prescribing procedures for making determinations under 12 U.S.C. 5514(a)(1)(C)). In addition, the Bureau has supervisory authority over very large depository institutions and credit unions and their affiliates. 12 U.S.C. 5515(a). Furthermore, the Bureau has certain authorities relating to the supervision of other depository institutions and credit unions. 12 U.S.C. 5516(c)(1), (e). 5 12 U.S.C. 5514(a)(1)(B), (a)(2); see also 12 U.S.C. 5481(5) (defining ‘‘consumer financial product or service’’). 2 Public PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 73383 U.S.C. 5514 of the Dodd-Frank Act for purposes of: (1) Assessing compliance with Federal consumer financial law; (2) obtaining information about such persons’ activities and compliance systems or procedures; and (3) detecting and assessing risks to consumers and consumer financial markets.6 The Bureau conducts examinations, of various scopes, of supervised entities. In addition, the Bureau may, as appropriate, request information from supervised entities without conducting examinations.7 The Bureau prioritizes supervisory activity at nonbank covered persons on the basis of risk, taking into account, among other factors, the size of each entity, the volume of its transactions involving consumer financial products or services, the size and risk presented by the market in which it is a participant, the extent of relevant State oversight, and any field and market information that the Bureau has on the entity. Such field and market information might include, for example, information from complaints and any other information the Bureau has about risks to consumers. The specifics of how an examination takes place vary by market and entity. However, the examination process generally proceeds as follows. Bureau examiners initiate preparations for the on-site portion of an examination by contacting an entity for an initial conference with management, and often by also requesting records and other information. Bureau examiners will ordinarily also review the components of the supervised entity’s compliance management system. Based on these discussions and a preliminary review of the information received, examiners determine the scope of an on-site examination and then coordinate with the entity to initiate the on-site portion of the examination. While on-site, examiners spend a period of time holding discussions with management about the entity’s policies, processes, and procedures; reviewing documents and records; testing transactions and accounts for compliance; and evaluating the entity’s compliance management system. As with any Bureau examination, examinations of nonbanks may involve issuing confidential examination reports, supervisory letters, and compliance ratings. The Bureau has published a general examination manual describing the Bureau’s supervisory approach and 6 12 U.S.C. 5514(b)(1). 12 U.S.C. 5514(b) (authorizing the Bureau both to conduct examinations and to require reports from entities subject to supervision). 7 See E:\FR\FM\06DER1.SGM 06DER1

Agencies

[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73379-73383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29162]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / 
Rules and Regulations

[[Page 73379]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2012-0052]
RIN 3150-AJ12


List of Approved Spent Fuel Storage Casks: HI-STORM 100 Cask 
System; Amendment No. 9

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage 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. 9 to Certificate of Compliance 
(CoC) No. 1014. Amendment No. 9 broadens the subgrade requirements for 
the HI-STORM 100U part of the HI-STORM 100 Cask System and updates the 
thermal model and methodology for the HI-TRAC transfer cask from a two 
dimensional thermal-hydraulic model to a more accurate three 
dimensional model. The amendment also makes editorial corrections.

DATES: The direct final rule is effective February 19, 2014, unless 
significant adverse comments are received by January 6, 2014. If the 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC staff is able to ensure consideration only for 
comments received on or before this date.

ADDRESSES: Please refer to Docket ID NRC-2012-0052 when contacting the 
NRC about the availability of information for this direct final rule. 
You may access publicly available information related to this direct 
final rule by the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0052. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at: https://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at: 1-800-397-4209, 301-415-
4737, or by email to: pdr.resource@nrc.gov. An electronic copy of the 
proposed CoC, including Appendices A and B of the Technical 
Specifications (TS), Appendix A--100U and Appendix B--100U of the TS, 
and the preliminary safety evaluation report (SER) are available in 
ADAMS under Package Accession No. ML120530246.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6103, email: Naiem.Tanious@nrc.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Procedural Background
II. Background
III. Discussion of Changes
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Finding of No Significant Environmental Impact: Availability
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act

I. Procedural Background

    This direct final rule is limited to the changes contained in 
Amendment No. 9 to CoC No. 1014 and does not include other aspects of 
the HI-STORM 100 Cask System design. 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 February 19, 2014. However, if the NRC receives 
significant adverse comments on this direct final rule by January 6, 
2014, 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 in the Proposed 
Rule section of 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 TSs.
    For detailed instructions on submitting comments, please see the 
companion proposed rule published in

[[Page 73380]]

the Proposed Rule section of this issue of the Federal Register.

II. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the U.S. Department of 
Energy] shall establish a demonstration program, in cooperation with 
the private sector, for the dry storage of spent nuclear fuel at 
civilian nuclear power reactor sites, with the objective of 
establishing one or more technologies that the [U.S. 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 ``[the 
Commission] shall, by rule, establish procedures for the licensing of 
any technology approved by the Commission under Section 219(a) [sic: 
218(a)] for use at the site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in part 72 of Title 10 of the Code of Federal 
Regulations (10 CFR), ''Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater then Class C Waste,'' 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 (65 FR 25241; May 1, 2000) 
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, ``List of approved 
spent fuel storage casks,'' as CoC No. 1014.

III. Discussion of Changes

    On September 10, 2010 (ADAMS Accession No. ML102570739), Holtec 
International submitted a request to the NRC to amend CoC No. 1014. 
Holtec supplemented its request on the following dates: October 1, 2010 
(ADAMS Accession No. ML102780596); November 14, 2011 (ADAMS Accession 
No. ML11320A185); April 17, 2013 (ADAMS Accession No. ML13114A952); and 
May 15, 2013 (ADAMS Accession No. ML13137A067). The amendment broadens 
the subgrade requirements for the HI-STORM 100U part of the HI-STORM 
100 Cask System, updates the thermal model and methodology for the HI-
TRAC transfer cask from a two dimensional thermal-hydraulic model to a 
more accurate three dimensional model, and makes editorial corrections. 
The amendment changes are available in ADAMS under Package Accession 
No. ML120530246. The ADAMS Accession No. for the HI-STORM 100 Cask 
System Amendment No. 9, dated June 20, 2013, is ML120530271.
    As documented in the SER (ADAMS Accession No. ML120530329), the NRC 
staff performed a detailed safety evaluation of the proposed CoC 
amendment request. There are no significant changes to cask design 
requirements in the proposed CoC amendment. Considering the specific 
design requirements for each accident condition, the design of the cask 
would prevent loss of confinement, shielding, and criticality control. 
If there is no loss of confinement, shielding, or criticality control, 
the environmental impacts would be insignificant. This amendment does 
not reflect a significant change in design or fabrication of the cask. 
In addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 9 would remain well within the 
10 CFR part 20, ``Standards for Protection Against Radiation,'' limits. 
Therefore, the proposed CoC changes will not result in any radiological 
or non-radiological environmental impacts that significantly differ 
from the environmental impacts evaluated in the environmental 
assessment supporting the May 1, 2000, final rule. There will be no 
significant change in the types or significant revisions in the amounts 
of any effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for or consequences from radiological accidents.
    This direct final rule revises the HI-STORM 100 Cask System listing 
in 10 CFR 72.214 by adding Amendment No. 9 to CoC No. 1014. The 
amendment consists of the changes previously described, as set forth in 
the revised CoC and TSs. The revised TSs are identified in the SER.
    The amended HI-STORM 100 cask design, when used under the 
conditions specified in the CoC, the TSs, and the NRC's regulations, 
will meet the requirements of 10 CFR part 72; therefore, adequate 
protection of public health and safety will continue to be ensured. 
When this direct final rule becomes effective, persons who hold a 
general license under 10 CFR 72.210, ``General license issued,'' may 
load spent nuclear fuel into HI-STORM 100 Cask Systems that meet the 
criteria of Amendment No. 9 to CoC No. 1014 under 10 CFR 72.212, 
``Conditions of general license issued 72.212.''

IV. 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 System design listed in 10 CFR 72.214. This 
action does not constitute the establishment of a standard that 
contains generally applicable requirements.

V. 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 direct final 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, or the provisions of 10 CFR. 
Although an Agreement State may not adopt program elements reserved to 
the 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.

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. The NRC has attempted to use plain 
language in promulgating this rule consistent with the Federal Plain 
Writing Act guidelines.

VII. Finding of No Significant Environmental Impact: Availability

A. The Action

    The action is to amend 10 CFR 72.214 to revise the HI-STORM 100 
Cask System listing within the ``List of Approved Spent Fuel Storage 
Casks'' to

[[Page 73381]]

include Amendment No. 9 to CoC No. 1014. Under the National 
Environmental Policy Act of 1969, as amended, and the NRC regulations 
in subpart A of 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions,'' 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 made a finding of no significant impact on the basis of this 
environmental assessment.

B. The Need for the Action

    This direct final rule amends the CoC for the HI-STORM 100 Cask 
System 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. Specifically, Holtec, in Amendment No. 9, 
requested changes to broaden the subgrade requirements for the HI-STORM 
100U part of the HI-STORM 100 Cask Storage System, update the thermal 
model and methodology for the HI-TRAC transfer cask from a two 
dimensional thermal-hydraulic model to a more accurate three 
dimensional model, and make editorial corrections.

C. Environmental Impacts of the Action

    The potential environmental impact of using the HI-STORM 100 Cask 
System was initially analyzed in the environmental assessment for the 
final rule to add the HI-STORM 100 Cask System to the list of approved 
spent fuel storage casks in 10 CFR 72.214 (65 FR 25241; May 1, 2000). 
The environmental assessment for the May 1, 2000, final rule concluded 
that there would be no significant environmental impacts to adding the 
HI-STORM 100 Cask System, and therefore, the NRC issued a finding of no 
significant impact, which continues to be valid. The environmental 
assessment, for this Amendment No. 9, tiers on the environmental 
assessment for the May 1, 2000, final rule. Tiering on past 
environmental assessments is a standard process under the National 
Environmental Policy Act.
    HI-STORM 100 Cask Systems are designed to mitigate the effects of 
design basis accidents that could occur during storage. Design basis 
accidents account for human-induced events and the most severe natural 
phenomena reported for the site and surrounding area. Postulated 
accidents analyzed for an independent spent fuel storage installation, 
the type of facility at which a holder of a power reactor operating 
license would store spent fuel in casks in accordance with 10 CFR part 
72, include tornado winds and tornado-generated missiles, a design 
basis earthquake, a design basis flood, an accidental cask drop, 
lightning effects, fire, explosions, and other incidents.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of confinement, 
shielding, and criticality control. If there is no loss of confinement, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. There are no significant changes to 
cask design requirements in the proposed CoC amendment. In addition, 
because there are no significant design or process changes any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 9 would remain well within the 10 CFR 
part 20 limits. Therefore, the proposed CoC changes will not result in 
any radiological or non-radiological environmental impacts that 
significantly differ from the environmental impacts evaluated in the 
environmental assessment supporting the May 1, 2000, final rule. There 
will be no significant change in the types or significant revisions in 
the amounts of any effluent released, no significant increase in the 
individual or cumulative radiation exposure, and no significant 
increase in the potential for or consequences from radiological 
accidents. The staff documented its safety findings in an SER which is 
available in ADAMS under Accession No. ML120530329.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
9 and end the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into HI-STORM 
100 Cask Systems in accordance with the changes described in proposed 
Amendment No. 9 would have to request an exemption from the 
requirements of 10 CFR 72.212 and 72.214. Under this alternative, 
interested licensees 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. 
Therefore, the environmental impacts would be the same or less than the 
action.

E. Alternative Use of Resources

    Approval of Amendment No. 9 to CoC No. 1014 would result in no 
irreversible commitments of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51. Based on the foregoing 
environmental assessment, the NRC concludes that this direct final rule 
entitled, ``List of Approved Spent Fuel Storage Casks: HI-STORM 100 
Cask System, Amendment No. 9,'' will not have a significant effect on 
the human environment. Therefore, the NRC has determined that an 
environmental impact statement is not necessary for this direct final 
rule.

VIII. Paperwork Reduction Act Statement

    This direct final rule does not contain any information collection 
requirements and, therefore, is not subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
approved by the Office of Management and Budget (OMB), Approval Number 
3150-0132.

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.

IX. 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, the 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 10 CFR part 72 that approved the HI-
STORM 100 Cask System design by adding it to the list of NRC-approved 
cask designs in 10 CFR 72.214.
    On September 10, 2010, Holtec International submitted a request to 
the NRC to amend CoC No. 1014. Holtec supplemented its request on the 
following dates: October 1, 2010, November 14, 2011, April 17, 2013, 
and May 15, 2013. The amendment broadens

[[Page 73382]]

the subgrade requirements for the HI-STORM 100U part of the HI-STORM 
100 Cask System, updates the thermal model and methodology for the HI-
TRAC transfer cask from a two dimensional thermal-hydraulic model to a 
more accurate three dimensional model, and makes editorial corrections.
     The alternative to this action is to withhold approval of 
Amendment No. 9 and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into HI-STORM 100 Cask Systems under 
the changes described in Amendment No. 9 to request an exemption from 
the requirements of 10 CFR 72.212 and 72.214. Under this alternative, 
each interested 10 CFR 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 this 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 or the environment. 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 therefore, this action is recommended.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final 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 International, Inc. 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).

XI. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule. Therefore, a backfit analysis is 
not required. This direct final rule revises CoC No. 1014 for the 
Holtec International HI-STORM 100 Cask System, as currently listed in 
10 CFR 72.214, ``List of Approved Spent Fuel Storage Casks.'' The 
revision consists of Amendment No. 9, which broadens the subgrade 
requirements for the HI-STORM 100U part of the HI-STORM 100 Cask 
System, updates the thermal model and methodology for the HI-TRAC 
transfer cask from a two dimensional thermal-hydraulic model to a more 
accurate three dimensional model, and makes editorial corrections.
    Amendment No. 9 to CoC No. 1014 for the Holtec International HI-
STORM 100 Cask System was initiated by Holtec International and was not 
submitted in response to new NRC requirements, or an NRC request for 
amendment. Amendment No. 9 applies only to new casks fabricated and 
used under Amendment No. 9. These changes do not affect existing users 
of the HI-STORM 100 Cask System, and the current Amendment No. 8 
continues to be effective for existing users. While current CoC users 
may comply with the new requirements in Amendment No. 9, this would be 
a voluntary decision on the part of current users. For these reasons, 
Amendment No. 9 to CoC No. 1014 does not constitute backfitting under 
10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an 
inconsistency with the issue finality provisions applicable to combined 
licenses in 10 CFR part 52. Accordingly, no backfit analysis or 
additional documentation addressing the issue finality criteria in 10 
CFR part 52 has been prepared by the staff.

XII. Congressional Review Act

    The Office of Management and Budget has not found this to be a 
major rule as defined in the Congressional Review Act.

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.

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

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

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

    Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act 
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National 
Environmental Protection Act sec. 102 (42 U.S.C. 4332); Nuclear 
Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 
10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 
No. 109-58, 119 Stat. 549 (2005).
    Section 72.44(g) also issued under secs. Nuclear Waste Policy 
Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). 
Section 72.46 also issued under Atomic Energy Act sec. 189 (42 
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). 
Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 
145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear 
Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 
10161(h)). Subpart K is also issued under sec. 218(a) (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: July 14, 2008.
    Amendment Number 6 Effective Date: August 17, 2009.
    Amendment Number 7 Effective Date: December 28, 2009.
    Amendment Number 8 Effective Date: May 2, 2012, as corrected on 
November 16, 2012 (ADAMS Accession No. ML12213A170).
    Amendment Number 9 Effective Date: February 19, 2014.
    SAR Submitted by: Holtec International, Inc.

[[Page 73383]]

    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System.
    Docket Number: 72-1014.
    Certificate Expiration Date: May 31, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 2nd day of December 2013.

    For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2013-29162 Filed 12-5-13; 8:45 am]
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