List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 8, Revision No. 1, 6430-6435 [2015-02310]
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Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations
payable to the USDA, AMS Livestock
Program and mailed to: USDA, AMS
Livestock, Poultry and Seed Program,
QAD, P.O. Box 790304 St. Louis, MO
63179–0304 or such other address as
required by the Program Manager.
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■ 11. Amend § 205.662 by revising
paragraph (g)(1) to read as follows:
§ 205.662 Noncompliance procedure for
certified operations.
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(g) * * *
(1) Knowingly sells or labels a
product as organic, except in
accordance with the Act, shall be
subject to a civil penalty of not more
than the amount specified in § 3.91(b)(1)
of this title per violation.
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■ 12. Amend § 205.681 by revising
paragraphs (a)(2) and (d)(1) to read as
follows:
§ 205.681
Appeals.
(a) * * *
(2) If the Administrator or State
organic program denies an appeal, a
formal administrative proceeding will
be initiated to deny, suspend, or revoke
the certification. Such proceeding shall
be conducted pursuant to the U.S.
Department of Agriculture’s Uniform
Rules of Practice, 7 CFR part 1, subpart
H, or the State organic program’s rules
of procedure.
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(d) Where and what to file. (1)
Appeals to the Administrator must be
filed in writing and addressed to:
Administrator, USDA, AMS, c/o NOP
Appeals Team, 1400 Independence
Avenue SW., Room 2648–So., Stop
0268, Washington, DC 20250–0268.
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Dated: February 2, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2015–02324 Filed 2–4–15; 8:45 am]
BILLING CODE 3410–02–P
List of Subjects in 9 CFR Part 201
Contracts, Poultry.
Accordingly, title 9 part 201 is
amended as follows:
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
PART 201—REGULATIONS UNDER
THE PACKERS AND STOCKYARDS
ACT
9 CFR Part 201
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This final rule removes
certain regulations promulgated under
the Packers and Stockyards Act, 1921
(P&S Act). Under the authority granted
to the Secretary of Agriculture
(Secretary) and delegated to the Grain
Inspection, Packers and Stockyards
Administration (GIPSA), GIPSA is
authorized to issue regulations
necessary to carry out the provisions of
the P&S Act. As directed by Congress in
Section 731, Division A, of the
Consolidated and Further Continuing
Appropriations Act, 2015, GIPSA is
rescinding certain regulations issued
under the P&S Act. GIPSA is exercising
the good cause exceptions provided by
the Administrative Procedure Act to
forgo notice-and-comment rulemaking
and proceed directly to a final rule,
because notice and comment
rulemaking is impracticable and
unnecessary since Congress has ordered
the rescission of these specific sections.
DATES: Effective February 5, 2015.
FOR FURTHER INFORMATION CONTACT: S.
Brett Offutt, Director, Litigation and
Economic Analysis Division, P&SP,
GIPSA, 1400 Independence Ave. SW.,
Washington, DC 20250–3646, (202) 720–
7363, s.brett.offutt@usda.gov.
SUPPLEMENTARY INFORMATION: Section
731 of the Consolidated and Further
Continuing Appropriations Act, 2015,
Public Law 113–235, requires that: ‘‘the
Secretary of Agriculture shall, within 60
days after the date of enactment of this
Act, rescind sections 201.2(o), 201.3(a),
and 201.215(a), of title 9 of the Code of
Federal Regulations (as in effect on such
date).’’ Since notice and comment is
unnecessary and impracticable, GIPSA
is exercising the good cause exceptions
provided by the Administrative
Procedure Act to forgo notice-andcomment rulemaking and proceed
directly to a final rule to rescind
sections 201.2(o), 201.215(a) and
201.3(a) from title 9 of the Code of
Federal Regulations. As part of this final
rule, we are also correcting the authority
citation for Part 201.
SUMMARY:
RIN 0580–AB23
1. The authority citation for part 201
is revised to read as follows:
■
Suspension of Flock Delivery and
Stages of Poultry Production
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Final rule.
Authority: 7 U.S.C. 181—229c.
AGENCY:
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§ 201.2
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[Amended]
2. In § 201.2, remove paragraph (o).
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§ 201.3
[Amended]
3. In § 201.3, remove paragraph (a)
and remove the paragraph (b)
designation and its subject heading..
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§ 201.215
[Amended]
4. In § 201.215, remove paragraph (a)
and redesignate paragraphs (b) and (c)
as paragraphs (a) and (b), respectively.
■
Susan B. Keith,
Acting Administrator, Grain Inspection,
Packers and Stockyards Administration.
[FR Doc. 2015–02142 Filed 2–4–15; 8:45 am]
BILLING CODE 3410–KD–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0233]
RIN 3150–AJ47
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Amendment No.
8, Revision No. 1
Nuclear Regulatory
Commission.
AGENCY:
ACTION:
Direct final rule.
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 add Revision No. 1 to
Amendment No. 8 (effective May 2,
2012, and corrected on November 16,
2012), to the Certificate of Compliance
(CoC) No. 1014. Amendment No. 8,
Revision No. 1, changes burnup/cooling
time limits for thimble plug devices;
changes Metamic-HT material testing
requirements; changes Metamic-HT
material minimum guaranteed values;
and updates fuel definitions to allow
boiling water reactor fuel affected by
certain corrosion mechanisms with
specific guidelines to be classified as
undamaged fuel.
SUMMARY:
The direct final rule is effective
April 21, 2015, unless significant
adverse comments are received by
March 9, 2015. 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
DATES:
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Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations
able to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
You may submit comments
by any one of the following methods
(unless this document describes a
different method for submitting
comments on a specific subject):
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0233. Address
questions about NRC dockets to Carol
Gallagher, telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, please contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6445, email: Gregory.Trussell@
nrc.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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Table of Contents
I. Obtaining Information and Submitting
Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
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XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
before making the comment
submissions available to the public or
entering the comment into ADAMS.
I. Obtaining Information and
Submitting Comments
II. Procedural Background
A. Obtaining Information
Please refer to Docket ID NRC–2014–
0233 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0233.
• 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 O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
This direct final rule is limited to
adding Amendment No. 8, Revision No.
1, which will supersede Amendment
No. 8 (effective May 2, 2012, and
corrected on November 16, 2012), to
CoC No. 1014 to the ‘‘List of approved
spent fuel storage casks,’’ and does not
include other aspects of the Holtec
International HI–STORM 100 Cask
System design. Amendment No. 8
continues to be effective but is now
being modified with respect to certain
specified provisions, as outlined in
Amendment No. 8, Revision 1, which
apply to all general licensees using the
casks for Independent Spent Fuel
Storage Installations (ISFSI). Thus,
Amendment No. 8, Revision 1,
supersedes the previously issued
Amendment No. 8 (effective May 2,
2012, and corrected on November 16,
2012). In requesting this revision, Holtec
indicated that it has not manufactured
any cask under CoC No. 1014,
Amendment No. 8, and, consequently,
no ISFSI licensee has placed such a cask
into service. The NRC is using the
‘‘direct final rule procedure’’ to issue
this revision 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. This amendment to the rule
will become effective on April 21, 2015.
However, if the NRC receives significant
adverse comments on this direct final
rule by March 9, 2015, 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:
B. Submitting Comments
Please include Docket ID NRC–2014–
0233 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. The NRC will
post all comment submissions at
https://www.regulations.gov as well as
enter the comment submissions into
ADAMS, and the NRC does not
routinely edit comment submissions to
remove identifying or contact
information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
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(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 Technical
Specifications (TSs).
For detailed instructions on filing
comments, please see the ADDRESSES
section of this document.
III. 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. The NRC
subsequently issued a final rule on May
1, 2000 (65 FR 25241), that approved the
Holtec International HI–STORM 100
Cask System design and added it to the
list of NRC-approved cask designs in 10
CFR 72.214 as CoC No. 1014.
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IV. Discussion of Changes
By letter dated August 21, 2013, and
as supplemented on December 20, 2013,
and February 28, 2014, Holtec
International submitted a revision
request for the Holtec International HI–
STORM 100 Cask System, CoC No.
1014, Amendment No. 8. As a revision,
the CoC will supersede the previous
version of the CoC and TSs that were
effective May 2, 2012, as corrected on
November 16, 2012, in their entirety.
Amendment No. 8, Revision No. 1,
changes burnup/cooling time limits for
thimble plug devices; changes MetamicHT material testing requirements;
changes Metamic-HT material minimum
guaranteed values; and updates fuel
definitions to allow boiling water
reactor fuel affected by certain corrosion
mechanisms within specific guidelines
to be classified as undamaged fuel.
As documented in the safety
evaluation report (SER), 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 containment, shielding,
and criticality control. If there is no loss
of containment, 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. 8,
Revision No. 1, 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 July 18, 1990, final rule. There will
be no significant change in the types or
amounts of any effluent released, no
significant increase in individual or
cumulative radiation exposure and no
significant increase in the potential for
or consequences of radiological
accidents.
This direct final rule revises the
Holtec International HI–STORM 100
Cask System listing in 10 CFR 72.214 by
adding Amendment No. 8, Revision No.
1, 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.
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The amended Holtec International
HI–STORM 100 Cask System 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
may load spent nuclear fuel into the
Holtec International HI–STORM 100
Cask Systems that meet the criteria of
Amendment No. 8, Revision No. 1, to
CoC No. 1014 under 10 CFR 72.212.
V. 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 Holtec International
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.
VI. 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 relate
directly and exclusively 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.
VII. 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. 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).
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VIII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214
to revise the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to revise Amendment No. 8
(effective May 2, 2012, and corrected on
November 16, 2012), of CoC No. 1014 by
adding Amendment No. 8, Revision No.
1. 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 environmental impact
statement is not required. The NRC has
made a finding of no significant impact
on the basis of this environmental
assessment.
rljohnson on DSK3VPTVN1PROD with RULES
B. The Need for the Action
This direct final rule amends the CoC
for the Holtec International 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,
Amendment No. 8, Revision No. 1,
changes burnup/cooling time limits for
thimble plug devices; changes MetamicHT material testing requirements;
changes Metamic-HT material minimum
guaranteed values; and updates fuel
definitions to allow boiling water
reactor fuel affected by certain corrosion
mechanisms within specific guidelines
to be classified as undamaged fuel.
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
Amendment No. 8, Revision No. 1, 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 100
Cask Systems are designed to mitigate
the effects of design basis accidents that
could occur during storage. Design basis
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accidents account for human-induced
events and the most severe natural
phenomena reported for the site and
surrounding area. Postulated accidents
analyzed for an ISFSI, 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 containment, shielding,
and criticality control. If there is no loss
of containment, 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, because there are no
significant designs or production
process changes, any resulting
occupational exposures or offsite dose
rates from the implementation of
Amendment No. 8, Revision No. 1,
would remain well within the 10 CFR
part 20 limits. Therefore, the proposed
CoC changes will not result in either
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 amounts of any
effluent released, no significant increase
in individual or cumulative radiation
exposures, and no significant increase
in the potential for or consequences
from radiological accidents. The staff
documented its safety findings in the
SER for this amendment.
environmental impacts would be the
same or less than the action.
D. Alternative to the Action
X. Regulatory Flexibility Certification
The alternative to this action is to
deny approval of the changes in
Amendment No. 8, Revision No. 1, and
terminate the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into Holtec International
HI–STORM 100 Cask Systems in
accordance with the changes described
in proposed Amendment No. 8,
Revision No. 1, 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 on the NRC and
the cost to each licensee. Therefore, the
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).
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E. Alternative Use of Resources
Approval of Amendment No. 8,
Revision No. 1, of 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:
Holtec International HI–STORM 100
Cask System, Certificate of Compliance
No. 1014, Amendment No. 8, Revision
No. 1,’’ 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.
IX. 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.).
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.
XI. 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
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Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations
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 Holtec
International HI–STORM 100 Cask
System design by adding it to the list of
NRC-approved cask designs in 10 CFR
72.214.
On August 21, 2013, and as
supplemented on December 20, 2013,
and February 28, 2014, Holtec
International submitted a revision
request for the HI–STORM 100 Cask
System, CoC No. 1014, Amendment No.
8, as described in Section III,
‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of the changes
requested in Amendment No. 8,
Revision No. 1, and require any 10 CFR
part 72 general licensee seeking to load
spent nuclear fuel into the Holtec
International HI–STORM 100 Cask
System under the changes described in
Amendment No. 8, Revision No. 1, 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 on the NRC
and the costs to each affected 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 significant
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 satisfactory, and
therefore, this action is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (10 CFR 72.62) does not
apply to this direct final rule and
therefore, a backfit analysis is not
required. This direct final rule revises
VerDate Sep<11>2014
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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.’’ Amendment No. 8,
Revision No. 1, changes burnup/cooling
time limits for thimble plug devices;
changes Metamic-HT material testing
requirements; changes Metamic-HT
material minimum guaranteed values;
and updates fuel definitions to allow
boiling water reactor fuel affected by
certain corrosion mechanisms within
specific guidelines to be classified as
undamaged fuel.
Holtec has not manufactured any cask
under CoC No. 1014, Amendment No. 8,
and, consequently, no ISFSI licensee
has placed such a cask into service.
Therefore, the changes in CoC No. 1014,
Amendment No. 8, Revision No. 1
which are approved in this direct final
rule do not fall within the definition of
backfitting in 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 part 52. In addition, the
changes in CoC No. 1014, Amendment
No. 8, Revision No. 1 do not apply to
casks which were manufactured to other
amendments of CoC No. 1014, and,
therefore, have no effect on current
ISFSI licensees using casks which were
manufactured to other amendments of
CoC No. 1014. While any current CoC
user may comply with the new
requirements in Amendment No. 8,
Revision No. 1, this would be a
voluntary decision on the part of current
users. For these reasons, NRC approval
of CoC No. 1014, Amendment No. 8,
Revision No. 1, does not constitute
backfitting for users of the HI–STORM
100 Cask System which were
manufactured to other amendments of
CoC No. 1014, under 10 CFR 72.62, 10
CFR 50.109(a)(1), or the issue finality
provisions applicable to combined
licenses in 10 CFR part 52.
For the reasons set forth above, no
backfit analysis or additional
documentation addressing the issue
finality criteria in 10 CFR part 52 has
been prepared by the NRC.
XIII. Congressional Review Act
This action is not a major rule as
defined in the Congressional Review
Act (5 U.S.C. 801–808).
XIV. 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.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Document
CoC No. 1014, Amendment No. 8, Revision
No. 1 .............................
Safety Evaluation Report ..
Technical Specifications,
Appendix A ....................
Technical Specifications,
Appendix B ....................
Application (portions are
non-public/proprietary) ..
December 20, 2013, Application Supplement ........
February 28, 2014, Application Supplement ........
ADAMS
Accession No.
ML14262A478
ML14262A476
ML14262A480
ML14262A479
ML13235A082
ML14009A271
ML14064A344
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–2014–0233. 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–2014–0233); 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
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, 2239, 2273,
2282, 2021); Energy Reorganization Act secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842,
5846, 5851); National Environmental Policy
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
E:\FR\FM\05FER1.SGM
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Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Rules and Regulations
Policy Act secs. 131, 132, 133, 135, 137, 141,
148 (42 U.S.C. 10151, 10152, 10153, 10155,
10157, 10161, 10168); Government
Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005,
Pub. L. 109–58, 119 Stat. 788 (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. 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, superseded by
Amendment Number 8, Revision 1 on
April 21, 2015.
Amendment Number 8, Revision No.1
Effective Date: April 21, 2015.
Amendment Number 9 Effective Date:
March 11, 2014.
SAR Submitted by: Holtec
International.
SAR Title: Final Safety Analysis
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Model Number: HI–STORM 100.
*
*
*
*
*
rljohnson on DSK3VPTVN1PROD with RULES
*
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF THE INTERIOR
Federal Aviation Administration
Office of Surface Mining Reclamation
and Enforcement
14 CFR Parts 25
[Docket No. FAA–2013–0142; Amdt. No. 25–
141]
RIN 2120–AK12
Harmonization of Airworthiness
Standards—Gust and Maneuver Load
Requirements; Correction
Correction
In FAA rule document 2015–01205
appearing on pages 4761–4762 in the
issue of Thursday, January 29, 2015,
make the following corrections:
1. On page 4762 in the first column,
the second paragraph should read as
follows:
This document corrects three errors in
the Greek letters and subscripts
contained in various equations in the
regulatory text. In one case, the ‘‘U’’ in
the equation is changed from subscript
to regular, uppercase text. In another
¯
case, instead of ‘‘PL = PL¥1g ± UσA’’, the
¯
equation should be ‘‘PL = PL¥1g±UσA’’.
In two cases, the three Greek letters
‘‘rej’’ after sigma ‘‘s’’ in the subscript
of ‘‘U’’ are changed to ‘‘ref’’. In these
cases, ‘‘Uσρεϕ’’ should be ‘‘Uσref’’.
2. On page 4762 in the first column,
the third, fourth and fifth paragraphs
following the Corrections heading
should read as follows:
2. On page 73467, second column,
¯
line 11, the equation ‘‘PL = PL¥1g ± UσA’’
¯
is corrected to read ‘‘PL = PL¥1g ± UσA’’.
3. On page 73467, second column,
fifth line from the bottom, the equation
‘‘Uσ = UσρεϕFg’’ is corrected to read ‘‘Uσ
= Uσref Fg’’.
4. On page 73467, second column,
third line from the bottom, the text
‘‘Uσρεϕ’’ is corrected to read ‘‘Uσref’’.
[FR Doc. C1–2015–01205 Filed 2–4–15; 8:45 am]
BILLING CODE 1505–01–D
Dated at Rockville, Maryland, this 26th day
of January, 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015–02310 Filed 2–4–15; 8:45 am]
BILLING CODE 7590–01–P
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30 CFR Parts 700, 875, 877, 879, 884,
and 885
RIN 1029–AC66
[Docket ID: OSM–2012–0010; S1D1S
SS08011000 SX066A00067F 134S180110;
S2D2S SS08011000 SX066A00 33F
13XS501520]
Abandoned Mine Land Reclamation
Program; Limited Liability for Noncoal
Reclamation by Certified States and
Indian Tribes
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE or OSM), are revising our
abandoned mine land (AML)
reclamation program regulations under
Title IV of the Surface Mining Control
and Reclamation Act of 1977 (SMCRA
or the Act). This rule allows states and
Indian tribes that have certified
completion of all known coal AML
reclamation needs within their
jurisdiction to receive limited liability
protection for certain noncoal
reclamation projects.
DATES: Effective March 9, 2015.
FOR FURTHER INFORMATION CONTACT:
Michael F. Kuhns, Division of
Regulatory Support, 1951 Constitution
Ave. NW., Washington, DC 20240;
Telephone: 202–208–2860.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background on the AML Reclamation
Program and Limited Liability Provision
A. How does the AML reclamation
program operate?
B. What is the limited liability provision of
SMCRA?
C. Why are we making rule changes related
to the limited liability provision?
II. Description of the Final Rule and
Discussion of the Comments Received
A. Summary of the Final Rule
B. General Discussion of Comments
C. Section-by-Section Analysis
1. How are we revising part 700—General?
2. How are we revising part 875—
Certification and Noncoal Reclamation?
3. How are we revising part 877—Rights of
Entry?
4. How are we revising part 879—
Acquisition, Management, and
Disposition of Lands and Water?
5. How are we revising part 884—State
Reclamation Plans?
6. How are we revising part 885—Grants to
Certified States and Indian Tribes?
III. Procedural Matters and Required
Determinations
E:\FR\FM\05FER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Rules and Regulations]
[Pages 6430-6435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02310]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0233]
RIN 3150-AJ47
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 8, Revision No. 1
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 add Revision No. 1 to Amendment No. 8 (effective May
2, 2012, and corrected on November 16, 2012), to the Certificate of
Compliance (CoC) No. 1014. Amendment No. 8, Revision No. 1, changes
burnup/cooling time limits for thimble plug devices; changes Metamic-HT
material testing requirements; changes Metamic-HT material minimum
guaranteed values; and updates fuel definitions to allow boiling water
reactor fuel affected by certain corrosion mechanisms with specific
guidelines to be classified as undamaged fuel.
DATES: The direct final rule is effective April 21, 2015, unless
significant adverse comments are received by March 9, 2015. 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
[[Page 6431]]
able to ensure consideration only for comments received on or before
this date. Comments received on this direct final rule will also be
considered to be comments on a companion proposed rule published in the
Proposed Rules section of this issue of the Federal Register.
ADDRESSES: You may submit comments by any one of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0233. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
Email comments to: Rulemaking.Comments@nrc.gov. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6445, email:
Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0233 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0233.
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 O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2014-0233 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information in comment submissions that you do not want to be publicly
disclosed in your comment submission. The NRC will post all comment
submissions at https://www.regulations.gov as well as enter the comment
submissions into ADAMS, and the NRC does not routinely edit comment
submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
This direct final rule is limited to adding Amendment No. 8,
Revision No. 1, which will supersede Amendment No. 8 (effective May 2,
2012, and corrected on November 16, 2012), to CoC No. 1014 to the
``List of approved spent fuel storage casks,'' and does not include
other aspects of the Holtec International HI-STORM 100 Cask System
design. Amendment No. 8 continues to be effective but is now being
modified with respect to certain specified provisions, as outlined in
Amendment No. 8, Revision 1, which apply to all general licensees using
the casks for Independent Spent Fuel Storage Installations (ISFSI).
Thus, Amendment No. 8, Revision 1, supersedes the previously issued
Amendment No. 8 (effective May 2, 2012, and corrected on November 16,
2012). In requesting this revision, Holtec indicated that it has not
manufactured any cask under CoC No. 1014, Amendment No. 8, and,
consequently, no ISFSI licensee has placed such a cask into service.
The NRC is using the ``direct final rule procedure'' to issue this
revision 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. This
amendment to the rule will become effective on April 21, 2015. However,
if the NRC receives significant adverse comments on this direct final
rule by March 9, 2015, 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:
[[Page 6432]]
(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 Technical Specifications (TSs).
For detailed instructions on filing comments, please see the
ADDRESSES section of this document.
III. 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. The NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 Cask System design and added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as CoC No. 1014.
IV. Discussion of Changes
By letter dated August 21, 2013, and as supplemented on December
20, 2013, and February 28, 2014, Holtec International submitted a
revision request for the Holtec International HI-STORM 100 Cask System,
CoC No. 1014, Amendment No. 8. As a revision, the CoC will supersede
the previous version of the CoC and TSs that were effective May 2,
2012, as corrected on November 16, 2012, in their entirety. Amendment
No. 8, Revision No. 1, changes burnup/cooling time limits for thimble
plug devices; changes Metamic-HT material testing requirements; changes
Metamic-HT material minimum guaranteed values; and updates fuel
definitions to allow boiling water reactor fuel affected by certain
corrosion mechanisms within specific guidelines to be classified as
undamaged fuel.
As documented in the safety evaluation report (SER), 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 containment, shielding, and criticality control. If
there is no loss of containment, 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. 8, Revision No. 1, 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 July
18, 1990, final rule. There will be no significant change in the types
or amounts of any effluent released, no significant increase in
individual or cumulative radiation exposure and no significant increase
in the potential for or consequences of radiological accidents.
This direct final rule revises the Holtec International HI-STORM
100 Cask System listing in 10 CFR 72.214 by adding Amendment No. 8,
Revision No. 1, 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 Holtec International HI-STORM 100 Cask System 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 may load spent
nuclear fuel into the Holtec International HI-STORM 100 Cask Systems
that meet the criteria of Amendment No. 8, Revision No. 1, to CoC No.
1014 under 10 CFR 72.212.
V. 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 Holtec International 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.
VI. 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 relate directly
and exclusively 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.
VII. 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.
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).
[[Page 6433]]
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to revise the Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to revise Amendment No. 8
(effective May 2, 2012, and corrected on November 16, 2012), of CoC No.
1014 by adding Amendment No. 8, Revision No. 1. 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 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 Holtec International
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, Amendment No.
8, Revision No. 1, changes burnup/cooling time limits for thimble plug
devices; changes Metamic-HT material testing requirements; changes
Metamic-HT material minimum guaranteed values; and updates fuel
definitions to allow boiling water reactor fuel affected by certain
corrosion mechanisms within specific guidelines to be classified as
undamaged fuel.
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 Amendment No. 8, Revision No. 1,
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 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 ISFSI, 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 containment,
shielding, and criticality control. If there is no loss of containment,
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, because there are no
significant designs or production process changes, any resulting
occupational exposures or offsite dose rates from the implementation of
Amendment No. 8, Revision No. 1, would remain well within the 10 CFR
part 20 limits. Therefore, the proposed CoC changes will not result in
either 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 amounts of any
effluent released, no significant increase in individual or cumulative
radiation exposures, and no significant increase in the potential for
or consequences from radiological accidents. The staff documented its
safety findings in the SER for this amendment.
D. Alternative to the Action
The alternative to this action is to deny approval of the changes
in Amendment No. 8, Revision No. 1, and terminate the direct final
rule. Consequently, any 10 CFR part 72 general licensee that seeks to
load spent nuclear fuel into Holtec International HI-STORM 100 Cask
Systems in accordance with the changes described in proposed Amendment
No. 8, Revision No. 1, 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 on the NRC and the cost 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. 8, Revision No. 1, of 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: Holtec
International HI-STORM 100 Cask System, Certificate of Compliance No.
1014, Amendment No. 8, Revision No. 1,'' 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.
IX. 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.).
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.
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. 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. 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
[[Page 6434]]
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 Holtec International HI-STORM 100 Cask System
design by adding it to the list of NRC-approved cask designs in 10 CFR
72.214.
On August 21, 2013, and as supplemented on December 20, 2013, and
February 28, 2014, Holtec International submitted a revision request
for the HI-STORM 100 Cask System, CoC No. 1014, Amendment No. 8, as
described in Section III, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of the
changes requested in Amendment No. 8, Revision No. 1, and require any
10 CFR part 72 general licensee seeking to load spent nuclear fuel into
the Holtec International HI-STORM 100 Cask System under the changes
described in Amendment No. 8, Revision No. 1, 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 on the NRC and
the costs to each affected 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 significant 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 satisfactory, and therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (10 CFR 72.62) does
not apply to this direct final rule and 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.'' Amendment
No. 8, Revision No. 1, changes burnup/cooling time limits for thimble
plug devices; changes Metamic-HT material testing requirements; changes
Metamic-HT material minimum guaranteed values; and updates fuel
definitions to allow boiling water reactor fuel affected by certain
corrosion mechanisms within specific guidelines to be classified as
undamaged fuel.
Holtec has not manufactured any cask under CoC No. 1014, Amendment
No. 8, and, consequently, no ISFSI licensee has placed such a cask into
service. Therefore, the changes in CoC No. 1014, Amendment No. 8,
Revision No. 1 which are approved in this direct final rule do not fall
within the definition of backfitting in 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 part 52. In
addition, the changes in CoC No. 1014, Amendment No. 8, Revision No. 1
do not apply to casks which were manufactured to other amendments of
CoC No. 1014, and, therefore, have no effect on current ISFSI licensees
using casks which were manufactured to other amendments of CoC No.
1014. While any current CoC user may comply with the new requirements
in Amendment No. 8, Revision No. 1, this would be a voluntary decision
on the part of current users. For these reasons, NRC approval of CoC
No. 1014, Amendment No. 8, Revision No. 1, does not constitute
backfitting for users of the HI-STORM 100 Cask System which were
manufactured to other amendments of CoC No. 1014, under 10 CFR 72.62,
10 CFR 50.109(a)(1), or the issue finality provisions applicable to
combined licenses in 10 CFR part 52.
For the reasons set forth above, no backfit analysis or additional
documentation addressing the issue finality criteria in 10 CFR part 52
has been prepared by the NRC.
XIII. Congressional Review Act
This action is not a major rule as defined in the Congressional
Review Act (5 U.S.C. 801-808).
XIV. 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
Document No.
------------------------------------------------------------------------
CoC No. 1014, Amendment No. 8, Revision No. 1......... ML14262A478
Safety Evaluation Report.............................. ML14262A476
Technical Specifications, Appendix A.................. ML14262A480
Technical Specifications, Appendix B.................. ML14262A479
Application (portions are non-public/proprietary)..... ML13235A082
December 20, 2013, Application Supplement............. ML14009A271
February 28, 2014, Application Supplement............. ML14064A344
------------------------------------------------------------------------
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-2014-0233. 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-2014-0233); 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, 2239, 2273, 2282, 2021); Energy Reorganization Act
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear
Waste
[[Page 6435]]
Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151,
10152, 10153, 10155, 10157, 10161, 10168); Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act
of 2005, Pub. L. 109-58, 119 Stat. 788 (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. 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, superseded by
Amendment Number 8, Revision 1 on April 21, 2015.
Amendment Number 8, Revision No.1 Effective Date: April 21, 2015.
Amendment Number 9 Effective Date: March 11, 2014.
SAR Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 26th day of January, 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-02310 Filed 2-4-15; 8:45 am]
BILLING CODE 7590-01-P
