List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Underground Maximum Capacity Canister Storage System, Certificate of Compliance No. 1040, 53281-53285 [2014-21418]
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53281
Rules and Regulations
Federal Register
Vol. 79, No. 174
Tuesday, September 9, 2014
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–2014–0120]
RIN 3150–AJ42
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
Underground Maximum Capacity
Canister Storage System, Certificate of
Compliance No. 1040
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by adding
the Holtec International HI–STORM
Underground Maximum Capacity
(UMAX) Canister Storage System,
Certificate of Compliance (CoC) No.
1040, to the ‘‘List of approved spent fuel
storage casks.’’ Holtec International
intends to provide an underground
storage option compatible with the
Holtec International HI–STORM
FLOOD/WIND (FW) System (CoC No.
1032). The HI–STORM UMAX Canister
Storage System stores a hermetically
sealed canister containing spent nuclear
fuel in an in-ground vertical ventilated
module. The HI–STORM UMAX
Canister Storage System is designed to
provide long-term underground storage
of loaded multi-purpose canisters
previously certified for storage in CoC
No. 1032.
DATES: The final rule is effective
November 24, 2014, unless a significant
adverse comment is received by October
9, 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withdrawn as a result of such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
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SUMMARY:
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able to ensure consideration only for
comments received on or before this
date.
ADDRESSES: Please refer to Docket ID
NRC–2014–0120 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 any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0120. 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 obtain publiclyavailable documents online in the
ADAMS Public Documents collection 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. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• 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:
Gregory R. Trussell, Office of Federal
and State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6445, email: Gregory.Trussell@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. Environmental Assessment and Finding
of No Significant Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Flexibility Certification
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X. Regulatory Analysis
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Procedural Background
The NRC is using the ‘‘direct final
rule procedure’’ to add CoC No. 1040 to
the list of approved spent fuel storage
casks because the Holtec International
HI–STORM UMAX Canister Storage
System is similar to other previously
approved spent fuel storage cask
systems and, therefore, 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 November 24,
2014. However, if the NRC receives
significant adverse comments on this
direct final rule by October 9, 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)
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to the rule, CoC, or Technical
Specifications (TSs).
For detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rule section of this issue of
the Federal Register.
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II. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the Department of Energy] shall
establish a demonstration program, in
cooperation with the private sector, for
the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
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 which added a
new subpart K in part 72 of Title 10 of
the Code of Federal Regulations (10
CFR) entitled, ‘‘General License for
Storage of Spent Fuel at Power Reactor
Sites’’ (55 FR 29181; July 18, 1990). This
rule also established a new subpart L in
10 CFR part 72 entitled, ‘‘Approval of
Spent Fuel Storage Casks,’’ which
contains procedures and criteria for
obtaining NRC approval of spent fuel
storage cask designs.
III. Discussion of Changes
By letter dated June 29, 2012, and as
supplemented on July 16, 2012;
November 20 and January 30, 2013;
April 2, April 19, June 21, August 28,
December 6, December 31, January 13;
and January 28, 2014, Holtec
International submitted an application
to add the HI–STORM UMAX Canister
Storage System to the list of approved
spent fuel storage casks in 10 CFR part
72. The HI–STORM UMAX Canister
Storage System is a spent fuel storage
system designed to be in full
compliance with the requirements of 10
CFR part 72. Holtec International
intends to provide an underground
storage option compatible with the
Holtec International HI–STORM FW
System as described in the Final Safety
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Analysis Report (FSAR) for the HI–
STORM FW System. The underground
structure system is described in the
FSAR for the HI–STORM UMAX
Canister Storage System. The HI–
STORM UMAX Canister Storage System
stores a hermetically sealed canister
containing spent nuclear fuel (SNF) in
an in-ground vertical ventilated module
(VVM). The HI–STORM UMAX Canister
Storage System is designed to provide
long-term underground storage of
loaded multi-purpose canisters (MPC)
previously certified for storage in CoC
No. 1032. The HI–STORM UMAX VVM
is the underground equivalent of the
HI–STORM FW storage module.
Although the storage cavity dimensions
and the air ventilation system in the HI–
STORM UMAX VVM have been
selected to enable it to also store all
MPCs certified for storage in the HI–
STORM 100 storage module, CoC No.
1040 does not approve the storage of all
MPCs certified for storage in the HI–
STORM 100 storage module in the HI–
STORM UMAX VVM at this time. The
HI–STORM UMAX Canister Storage
System can store either Pressurized
Water Reactor or Boiling Water Reactor
fuel assemblies in the MPC–37 or MPC–
89 models, respectively. The number
associated with the MPC is the
maximum number of fuel assemblies the
MPC can contain in the fuel basket. The
external diameters of the MPC–37 and
MPC–89 are identical to allow the use
of a single storage module design,
however the height of the MPC, as well
as the storage module and transfer cask,
are variable based on the SNF to be
loaded.
As documented in the safety
evaluation report (SER), the NRC staff
performed a detailed safety evaluation
of the proposed CoC request submitted
by Holtec International.
The HI–STORM UMAX Canister
Storage System, 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
may load spent nuclear fuel into HI–
STORM UMAX Canister Storage
Systems that meet the criteria of CoC
No. 1040 under 10 CFR 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
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use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC will add the Holtec International
HI–STORM UMAX Canister Storage
System design to the listing 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, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
VII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214
to add the Holtec International HI–
STORM UMAX Canister Storage System
to the listing within the ‘‘List of
approved spent fuel storage casks’’ as
CoC No. 1040. Under the National
Environmental Policy Act of 1969, as
amended, and the NRC’s 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
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environmental impact statement is not
required. The NRC has made a finding
of no significant impact on the basis of
this environmental assessment.
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B. The Need for the Action
This direct final rule adds CoC No.
1040 for the Holtec International HI–
STORM UMAX Canister Storage 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 International
intends to provide an underground
storage option compatible with the
Holtec International HI–STORM FW
System.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this CoC
addition tiers off of the environmental
assessment for the July 18, 1990, final
rule. Tiering on past environmental
assessments is a standard process under
the National Environmental Policy Act.
Holtec International HI–STORM
UMAX Canister Storage 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 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 HI–STORM
UMAX Canister Storage System would
prevent loss of containment, shielding,
and criticality control. If there is no loss
of containment, shielding, or criticality
control, the environmental impacts
would be insignificant. In addition, any
resulting occupational exposure or
offsite dose rates from the use of the HI–
STORM UMAX Canister Storage System
would remain well within the 10 CFR
part 20 limits. Therefore, the proposed
addition of CoC No. 1040 will not result
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in radiological or non-radiological
environmental impacts that significantly
differ from the environmental impacts
evaluated in the environmental
assessment supporting the July 18, 1990,
final rule. There will be no significant
change in the types or significant
revisions in the amounts of 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 the
SER for this addition.
D. Alternative to the Action
The alternative to this action is to
withhold approval of this new design
and issue a site-specific license to each
utility that proposes to use the casks.
This alternative would cost both the
NRC and utilities more time and money
for each site-specific license.
Conducting site-specific reviews would
ignore the procedures and criteria
currently in place for the addition of
new cask designs that can be used under
a general license, and would be in
conflict with NWPA direction to the
Commission to approve technologies for
the use of spent fuel storage at the sites
of civilian nuclear power reactors
without, to the maximum extent
practicable, the need for additional site
reviews. This alternative also would
tend to exclude new vendors from the
business market without cause and
would arbitrarily limit the choice of
cask designs available to power reactor
licensees. This final rule will eliminate
the above problems and is consistent
with previous Commission actions.
Further, the rule will have no adverse
effect on public health and safety.
Therefore, the environmental impacts
would be the same or less than the
action.
E. Alternative Use of Resources
Approval of the addition of CoC No.
1040 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:
Holtec International HI–STORM UMAX
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53283
Canister Storage System, Certificate of
Compliance No. 1040,’’ 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 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.
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).
X. 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 June 29, 2012, and as
supplemented on July 16, 2012;
November 20 and January 30, 2013;
April 2, April 19, June 21, August 28,
December 6, December 31, January 13;
and January 28, 2014, Holtec
International submitted an application
to add the HI–STORM UMAX Canister
Storage System.
The alternative to this action is to
withhold approval of this new design
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and issue a site-specific license to each
utility that proposes to use the casks.
This alternative would cost both the
NRC and utilities more time and money
for each site-specific license.
Conducting site-specific reviews would
ignore the procedures and criteria
currently in place for the addition of
new cask designs that can be used under
a general license, and would be in
conflict with NWPA direction to the
Commission to approve technologies for
the use of spent fuel storage at the sites
of civilian nuclear power reactors
without, to the maximum extent
practicable, the need for additional site
reviews. This alternative also would
tend to exclude new vendors from the
business market without cause and
would arbitrarily limit the choice of
cask designs available to power reactor
licensees. This final rule will eliminate
the above problems and is consistent
with previous Commission actions.
Further, the rule will have no adverse
effect on public health and safety.
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.
documentation addressing the issue
finality criteria in 10 CFR part 52 has
been prepared by the staff.
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 adds CoC No. 1040 for
the Holtec International HI–STORM
UMAX Canister Storage System to the
‘‘List of approved spent fuel storage
casks.’’
The addition of CoC No. 1040 for the
Holtec International HI–STORM UMAX
Canister Storage System was initiated by
Holtec International and was not
submitted in response to new NRC
requirements, or an NRC request for
amendment. The addition of CoC No.
1040 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
The NRC may post materials related
to this document, including public
comments, on the Federal rulemaking
Web site at https://www.regulations.gov
under Docket ID NRC–2014–0120. The
Federal rulemaking Web site allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2014–0120); (2) click the
‘‘Sign up for Email Alerts’’ link; and (3)
enter your email address and select how
frequently you would like to receive
emails (daily, weekly, or monthly).
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XII. Congressional Review Act
This action is not a major rule as
defined in the Congressional Review
Act (5 U.S.C. 801–808).
XIII. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS
Accession No.
Document
CoC No. 1040 ....................
Safety Evaluation Report ...
Technical Specifications,
Appendix A.
Technical Specifications,
Appendix B.
Application .........................
Application supplemental
July 16, 2012.
Application supplemental
November 20, 2012.
Application supplemental
January 30, 2013.
Application supplemental
April 2, 2013.
Application supplemental
April 19, 2013.
Application supplemental
June 21, 2013.
Application supplemental
August 28, 2013.
Application Supplemental
December 6, 2013.
Application supplemental
December 31, 2013.
Application supplemental
January 13, 2014.
Application supplemental
January 28, 2014.
ML14122A443.
ML14122A441.
ML14122A444.
ML14122A442.
ML12363A282.
ML12205A134.
ML12348A483.
ML13032A008.
ML13107B249.
ML13114A191.
ML13175A363.
ML13261A062.
ML13343A169.
ML14002A402.
ML14015A145.
ML14030A055.
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.
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For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72.
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
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 secs.
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 Nuclear
Waste Policy Act secs. 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 also issued under Nuclear Waste
Policy Act sec. 218(a) (42 U.S.C. 10198).
2. In § 72.214, Certificate of
Compliance No. 1040 is added to read
as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1040.
Initial Certificate Effective Date:
November 24, 2014.
SAR Submitted by: Holtec
International, Inc.
SAR Title: Final Safety Analysis
Report for the Holtec International HI–
STORM UMAX Canister Storage
System.
Docket Number: 72–1040.
Certificate Expiration Date: September
9, 2034.
Model Number: MPC–37, MPC–89.
Dated at Rockville, Maryland, this 22nd
day of August 2014.
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Rules and Regulations
For the Nuclear Regulatory Commission.
Darren B. Ash,
Acting Executive Director for Operations.
[FR Doc. 2014–21418 Filed 9–8–14; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0003; Directorate
Identifier 2013–NM–103–AD; Amendment
39–17922; AD 2014–15–19]
RIN 2120–AA64
Airworthiness Directives; Gulfstream
Aerospace LP (Type Certificate
Previously Held by Israel Aircraft
Industries, Ltd.) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding
Airworthiness Directive (AD) 2013–03–
23 for all Gulfstream Aerospace LP
(Type Certificate previously held by
Israel Aircraft Industries, Ltd.) Model
Gulfstream G150 airplanes. AD 2013–
03–23 required revising the airplane
flight manual (AFM) to include
procedures to advise the flightcrew of
certain runway slope and anti-ice
corrections and takeoff distance values.
This new AD requires revising the
Performance section of the AFM, which
includes the revised procedures. This
AD was prompted by the issuance of a
revision to the AFM, which modifies
runway slope and anti-ice corrections to
both V1 and takeoff distance values. We
are issuing this AD to prevent the use
of published, non-conservative data,
which could result in the inability to
meet the required takeoff performance,
with a consequent hazard to safe
operation during performance-limited
takeoff operations.
DATES: This AD becomes effective
October 14, 2014.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 14, 2014.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publications listed in
this AD as of March 26, 2013 (78 FR
11567, February 19, 2013).
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA-2014-0003; or in
person at the Docket Management
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:16 Sep 08, 2014
Jkt 232001
Facility, U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC.
For service information identified in
this AD, contact Gulfstream Aerospace
Corporation, P.O. Box 2206, Mail
Station D–25, Savannah, GA 31402–
2206; telephone 800–810–4853; fax
912–965–3520; email pubs@
gulfstream.com; Internet https://
www.gulfstream.com/product_support/
technical_pubs/pubs/index.htm. You
may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
FOR FURTHER INFORMATION CONTACT: Tom
Stafford, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1622;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2013–03–23,
Amendment 39–17357 (78 FR 11567,
February 19, 2013). AD 2013–03–23
applied to all Gulfstream Aerospace LP
(Type Certificate previously held by
Israel Aircraft Industries, Ltd.) Model
Gulfstream G150 airplanes. The NPRM
published in the Federal Register on
January 21, 2014 (79 FR 3339). The
NPRM was prompted by the issuance of
a revision to the AFM, which modifies
runway slope and anti-ice corrections to
both V1 and takeoff distance values. The
NPRM proposed to continue to require
revising the AFM to include procedures
to advise the flightcrew of certain
runway slope and anti-ice corrections
and takeoff distance values. The NPRM
also proposed to require revising the
Performance section of the AFM, which
includes the revised procedures. We are
issuing this AD to prevent the use of
published, non-conservative data,
which could result in the inability to
meet the required takeoff performance,
with a consequent hazard to safe
operation during performance-limited
takeoff operations.
The Civil Aviation Authority of Israel
(CAAI), which is the aviation authority
for Israel, has issued Israeli
Airworthiness Directive 01–12–02–
02R1, April 23, 2013 (referred to after
this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
53285
for the specified products. The MCAI
states:
This [CAAI] AD mandates revised
limitations in the G150 AFM, pertaining to
the Performance Section. Each operator must
incorporate Rev.17 to the G150 AFM and
remove previous AFM TR 3 dated December
14, 2012.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov/
#!documentDetail;D=FAA-2014-00030002.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (79
FR 3339, January 21, 2014) or on the
determination of the cost to the public.
‘‘Contacting the Manufacturer’’
Paragraph in This AD
Since late 2006, we have included a
standard paragraph titled ‘‘Airworthy
Product’’ in all MCAI ADs in which the
FAA develops an AD based on a foreign
authority’s AD.
The MCAI or referenced service
information in an FAA AD often directs
the owner/operator to contact the
manufacturer for corrective actions,
such as a repair. Briefly, the Airworthy
Product paragraph allowed owners/
operators to use corrective actions
provided by the manufacturer if those
actions were FAA-approved. In
addition, the paragraph stated that any
actions approved by the State of Design
Authority (or its delegated agent) are
considered to be FAA-approved.
In the NPRM (79 FR 3339, January 21,
2014), we proposed to prevent the use
of repairs that were not specifically
developed to correct the unsafe
condition, by requiring that the repair
approval provided by the State of
Design Authority or its delegated agent
specifically refer to this FAA AD. This
change was intended to clarify the
method of compliance and to provide
operators with better visibility of repairs
that are specifically developed and
approved to correct the unsafe
condition. In addition, we proposed to
change the phrase ‘‘its delegated agent’’
to include a design approval holder
(DAH) with State of Design Authority
design organization approval (DOA), as
applicable, to refer to a DAH authorized
to approve required repairs for the
proposed AD.
No comments were provided to the
NPRM (79 FR 3339, January 21, 2014)
about these proposed changes. However,
a comment was provided for a similar
NPRM, Directorate Identifier 2012–NM–
101–AD (78 FR 78285, December 26,
2013). The commenter stated the
E:\FR\FM\09SER1.SGM
09SER1
]]>Agencies
[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Rules and Regulations]
[Pages 53281-53285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21418]
========================================================================
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. 79, No. 174 / Tuesday, September 9, 2014 /
Rules and Regulations
[[Page 53281]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0120]
RIN 3150-AJ42
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM Underground Maximum Capacity Canister Storage System,
Certificate of Compliance No. 1040
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by adding the Holtec International HI-
STORM Underground Maximum Capacity (UMAX) Canister Storage System,
Certificate of Compliance (CoC) No. 1040, to the ``List of approved
spent fuel storage casks.'' Holtec International intends to provide an
underground storage option compatible with the Holtec International HI-
STORM FLOOD/WIND (FW) System (CoC No. 1032). The HI-STORM UMAX Canister
Storage System stores a hermetically sealed canister containing spent
nuclear fuel in an in-ground vertical ventilated module. The HI-STORM
UMAX Canister Storage System is designed to provide long-term
underground storage of loaded multi-purpose canisters previously
certified for storage in CoC No. 1032.
DATES: The final rule is effective November 24, 2014, unless a
significant adverse comment is received by October 9, 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-2014-0120 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 any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0120. 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 obtain publicly-available documents online in the
ADAMS Public Documents collection 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. For
the convenience of the reader, instructions about obtaining materials
referenced in this document are provided in the ``Availability of
Documents'' section.
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: Gregory R. Trussell, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
6445, email: Gregory.Trussell@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. Environmental Assessment and Finding of No Significant
Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Flexibility Certification
X. Regulatory Analysis
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Procedural Background
The NRC is using the ``direct final rule procedure'' to add CoC No.
1040 to the list of approved spent fuel storage casks because the
Holtec International HI-STORM UMAX Canister Storage System is similar
to other previously approved spent fuel storage cask systems and,
therefore, 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 November 24, 2014. However, if the NRC
receives significant adverse comments on this direct final rule by
October 9, 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)
[[Page 53282]]
to the rule, CoC, or Technical Specifications (TSs).
For detailed instructions on filing comments, please see the
companion proposed rule published in 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 Department of Energy]
shall establish a demonstration program, in cooperation with the
private sector, for the dry storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the objective of establishing one or
more technologies that the [Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the 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 which added a new subpart K in part 72 of Title
10 of the Code of Federal Regulations (10 CFR) entitled, ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs.
III. Discussion of Changes
By letter dated June 29, 2012, and as supplemented on July 16,
2012; November 20 and January 30, 2013; April 2, April 19, June 21,
August 28, December 6, December 31, January 13; and January 28, 2014,
Holtec International submitted an application to add the HI-STORM UMAX
Canister Storage System to the list of approved spent fuel storage
casks in 10 CFR part 72. The HI-STORM UMAX Canister Storage System is a
spent fuel storage system designed to be in full compliance with the
requirements of 10 CFR part 72. Holtec International intends to provide
an underground storage option compatible with the Holtec International
HI-STORM FW System as described in the Final Safety Analysis Report
(FSAR) for the HI-STORM FW System. The underground structure system is
described in the FSAR for the HI-STORM UMAX Canister Storage System.
The HI-STORM UMAX Canister Storage System stores a hermetically sealed
canister containing spent nuclear fuel (SNF) in an in-ground vertical
ventilated module (VVM). The HI-STORM UMAX Canister Storage System is
designed to provide long-term underground storage of loaded multi-
purpose canisters (MPC) previously certified for storage in CoC No.
1032. The HI-STORM UMAX VVM is the underground equivalent of the HI-
STORM FW storage module. Although the storage cavity dimensions and the
air ventilation system in the HI-STORM UMAX VVM have been selected to
enable it to also store all MPCs certified for storage in the HI-STORM
100 storage module, CoC No. 1040 does not approve the storage of all
MPCs certified for storage in the HI-STORM 100 storage module in the
HI-STORM UMAX VVM at this time. The HI-STORM UMAX Canister Storage
System can store either Pressurized Water Reactor or Boiling Water
Reactor fuel assemblies in the MPC-37 or MPC-89 models, respectively.
The number associated with the MPC is the maximum number of fuel
assemblies the MPC can contain in the fuel basket. The external
diameters of the MPC-37 and MPC-89 are identical to allow the use of a
single storage module design, however the height of the MPC, as well as
the storage module and transfer cask, are variable based on the SNF to
be loaded.
As documented in the safety evaluation report (SER), the NRC staff
performed a detailed safety evaluation of the proposed CoC request
submitted by Holtec International.
The HI-STORM UMAX Canister Storage System, 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 may load spent nuclear fuel into
HI-STORM UMAX Canister Storage Systems that meet the criteria of CoC
No. 1040 under 10 CFR 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 add the
Holtec International HI-STORM UMAX Canister Storage System design to
the listing 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, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
VII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to add the Holtec
International HI-STORM UMAX Canister Storage System to the listing
within the ``List of approved spent fuel storage casks'' as CoC No.
1040. Under the National Environmental Policy Act of 1969, as amended,
and the NRC's 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
[[Page 53283]]
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 adds CoC No. 1040 for the Holtec
International HI-STORM UMAX Canister Storage 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 International intends to provide an underground
storage option compatible with the Holtec International HI-STORM FW
System.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this CoC addition tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act.
Holtec International HI-STORM UMAX Canister Storage 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 HI-STORM UMAX Canister Storage System
would prevent loss of containment, shielding, and criticality control.
If there is no loss of containment, shielding, or criticality control,
the environmental impacts would be insignificant. In addition, any
resulting occupational exposure or offsite dose rates from the use of
the HI-STORM UMAX Canister Storage System would remain well within the
10 CFR part 20 limits. Therefore, the proposed addition of CoC No. 1040
will not result in radiological or non-radiological environmental
impacts that significantly differ from the environmental impacts
evaluated in the environmental assessment supporting the July 18, 1990,
final rule. There will be no significant change in the types or
significant revisions in the amounts of 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 the SER for this addition.
D. Alternative to the Action
The alternative to this action is to withhold approval of this new
design and issue a site-specific license to each utility that proposes
to use the casks. This alternative would cost both the NRC and
utilities more time and money for each site-specific license.
Conducting site-specific reviews would ignore the procedures and
criteria currently in place for the addition of new cask designs that
can be used under a general license, and would be in conflict with NWPA
direction to the Commission to approve technologies for the use of
spent fuel storage at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site reviews. This alternative also would tend to exclude new vendors
from the business market without cause and would arbitrarily limit the
choice of cask designs available to power reactor licensees. This final
rule will eliminate the above problems and is consistent with previous
Commission actions. Further, the rule will have no adverse effect on
public health and safety. Therefore, the environmental impacts would be
the same or less than the action.
E. Alternative Use of Resources
Approval of the addition of CoC No. 1040 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: Holtec
International HI-STORM UMAX Canister Storage System, Certificate of
Compliance No. 1040,'' 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 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. 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).
X. 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 June 29, 2012, and as supplemented on July 16, 2012; November 20
and January 30, 2013; April 2, April 19, June 21, August 28, December
6, December 31, January 13; and January 28, 2014, Holtec International
submitted an application to add the HI-STORM UMAX Canister Storage
System.
The alternative to this action is to withhold approval of this new
design
[[Page 53284]]
and issue a site-specific license to each utility that proposes to use
the casks. This alternative would cost both the NRC and utilities more
time and money for each site-specific license. Conducting site-specific
reviews would ignore the procedures and criteria currently in place for
the addition of new cask designs that can be used under a general
license, and would be in conflict with NWPA direction to the Commission
to approve technologies for the use of spent fuel storage at the sites
of civilian nuclear power reactors without, to the maximum extent
practicable, the need for additional site reviews. This alternative
also would tend to exclude new vendors from the business market without
cause and would arbitrarily limit the choice of cask designs available
to power reactor licensees. This final rule will eliminate the above
problems and is consistent with previous Commission actions. Further,
the rule will have no adverse effect on public health and safety.
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.
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 adds CoC No. 1040 for the Holtec
International HI-STORM UMAX Canister Storage System to the ``List of
approved spent fuel storage casks.''
The addition of CoC No. 1040 for the Holtec International HI-STORM
UMAX Canister Storage System was initiated by Holtec International and
was not submitted in response to new NRC requirements, or an NRC
request for amendment. The addition of CoC No. 1040 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
This action is not a major rule as defined in the Congressional
Review Act (5 U.S.C. 801-808).
XIII. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
CoC No. 1040........................... ML14122A443.
Safety Evaluation Report............... ML14122A441.
Technical Specifications, Appendix A... ML14122A444.
Technical Specifications, Appendix B... ML14122A442.
Application............................ ML12363A282.
Application supplemental July 16, 2012. ML12205A134.
Application supplemental November 20, ML12348A483.
2012.
Application supplemental January 30, ML13032A008.
2013.
Application supplemental April 2, 2013. ML13107B249.
Application supplemental April 19, 2013 ML13114A191.
Application supplemental June 21, 2013. ML13175A363.
Application supplemental August 28, ML13261A062.
2013.
Application Supplemental December 6, ML13343A169.
2013.
Application supplemental December 31, ML14002A402.
2013.
Application supplemental January 13, ML14015A145.
2014.
Application supplemental January 28, ML14030A055.
2014.
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking Web site at https://www.regulations.gov under Docket ID NRC-2014-0120. The Federal
rulemaking Web site allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2014-0120); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
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
secs. 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 Nuclear Waste Policy Act
secs. 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 also issued under Nuclear Waste Policy Act sec. 218(a)
(42 U.S.C. 10198).
0
2. In Sec. 72.214, Certificate of Compliance No. 1040 is added to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1040.
Initial Certificate Effective Date: November 24, 2014.
SAR Submitted by: Holtec International, Inc.
SAR Title: Final Safety Analysis Report for the Holtec
International HI-STORM UMAX Canister Storage System.
Docket Number: 72-1040.
Certificate Expiration Date: September 9, 2034.
Model Number: MPC-37, MPC-89.
Dated at Rockville, Maryland, this 22nd day of August 2014.
[[Page 53285]]
For the Nuclear Regulatory Commission.
Darren B. Ash,
Acting Executive Director for Operations.
[FR Doc. 2014-21418 Filed 9-8-14; 8:45 am]
BILLING CODE 7590-01-P
