List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 1, 35829-35833 [2015-15476]
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Rules and Regulations
Federal Register
Vol. 80, No. 120
Tuesday, June 23, 2015
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–2015–0067]
RIN 3150–AJ58
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Holtec International, Inc.
(Holtec), HI–STORM (Holtec
International Storage Module)
Underground Maximum Capacity
(UMAX) Canister Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to add Amendment No. 1
to Certificate of Compliance (CoC) No.
1040. Amendment No. 1 provides a
seismically enhanced version of the HI–
STORM UMAX Canister Storage
System, identified as the ‘‘Most Severe
Earthquake (MSE)’’ version, that could
be used in areas with higher seismic
demands than those analyzed
previously. Amendment No. 1 also
includes minor physical design changes
to help ensure structural integrity of the
amended system. These are the addition
of a hold-down system to the closure
lid; replacing the fill material in the
interstitial spaces between the cavity
enclosure containers (CECs)
surrounding the casks with 3000 psi
concrete; strengthening the multipurpose canister (MPC) guides; and
engineering the guides’ nominal gap
with the MPC to be tighter than the
original HI–STORM UMAX Canister
Storage System design.
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SUMMARY:
16:21 Jun 22, 2015
You may submit comments
by any 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–2015–0067. Address
questions about NRC dockets to Carol
Gallagher, telephone: (301) 415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, 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:
Solomon Sahle, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
ADDRESSES:
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
UMAX Canister Storage System,
Certificate of Compliance No. 1040,
Amendment No. 1
VerDate Sep<11>2014
The direct final rule is effective
September 8, 2015, unless significant
adverse comments are received by July
23, 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 Commission
is 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.
DATES:
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(301) 415–3781; email: Solomon.Sahle@
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–2015–
0067 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–2015–0067.
• 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.
B. Submitting Comments
Please include Docket ID NRC–2015–
0067 in the subject line of your
comment submission.
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The NRC cautions you not to include
identifying or contact information 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.
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 rule is limited to the changes
contained in Amendment No. 1 to CoC
No. 1040 and does not include other
aspects of the HI–STORM UMAX
Canister Storage System. The NRC is
using the ‘‘direct final rule’’ procedure
to issue this amendment because it
represents a limited and routine change
to an existing CoC that is expected to be
noncontroversial. The amendment to
the rule will become effective on
September 8, 2015. However, if the NRC
receives significant adverse comments
on this direct final rule by July 23, 2015,
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
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16:21 Jun 22, 2015
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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
submitting 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 U.S. Department of Energy] shall
establish a demonstration program, in
cooperation with the private sector, for
the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [U.S. Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[t]he
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
within 10 CFR part 72 entitled,
‘‘Approval of Spent Fuel Storage
Casks,’’ which contains procedures and
criteria for obtaining NRC approval of
spent fuel storage cask designs. The
NRC subsequently issued a final rule on
March 6, 2015 (80 FR 12073), as
corrected on March 25, 2015 (80 FR
15679), that approved the HI–STORM
UMAX Canister Storage System design
and added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as CoC
No. 1040.
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IV. Discussion of Changes
By letter dated July 11, 2014, and as
supplemented on October 31, 2014,
Holtec submitted an application to the
NRC to amend the HI–STORM UMAX
Canister Storage System, CoC No. 1040,
under subpart K of 10 CFR part 72.
Amendment No. 1 to CoC No. 1040
provides a seismically enhanced version
of the HI–STORM UMAX Canister
Storage System, identified as the ‘‘Most
Severe Earthquake (MSE)’’ version, that
could be used in areas with higher
seismic demands than those analyzed
previously. Amendment No. 1 also
includes minor physical design changes
to help ensure structural integrity of the
amended system. These are the addition
of a hold-down system to the closure
lid; replacing the fill material in the
interstitial spaces between the CECs
surrounding the casks with 3000 psi
concrete; strengthening the MPC guides;
and engineering the guides’ nominal gap
with the MPC to be tighter than the
original HI–STORM UMAX Canister
Storage System design.
As documented in the NRC staff’s
Safety Evaluation Report (SER)
(ML15070A149), the NRC staff
performed a detailed safety evaluation
of the proposed CoC amendment
request. This amendment does not
reflect a significant change in design or
fabrication of the HI–STROM UMAX
Canister Storage System cask design
previously approved by the NRC (see 80
FR 12073, as corrected 80 FR 15679).
Considering the specific design
requirements for accident conditions,
the NRC staff determined that the design
of the cask would continue to prevent
loss of confinement, shielding, and
criticality control.
This direct final rule revises the
Holtec HI–STORM UMAX Canister
Storage System listing in 10 CFR 72.214
by adding Amendment No. 1 to CoC No.
1040. 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 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 Holtec HI–STORM
UMAX Canister Storage Systems that
meet the criteria of Amendment No. 1
to CoC No. 1040 under 10 CFR 72.212.
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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 amend the Holtec HI–STORM
UMAX Canister Storage System design
listed in 10 CFR 72.214, ‘‘List of
approved spent fuel storage casks.’’ 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 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.
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 amend the Holtec HI–STORM UMAX
Canister Storage System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 1 to
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,
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‘‘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 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,
Amendment No. 1 to CoC No. 1040
provides a seismically enhanced version
of the HI–STORM UMAX Canister
Storage System, identified as the ‘‘Most
Severe Earthquake (MSE)’’ version that
could be used in areas with higher
seismic demands than those analyzed
previously. Amendment No. 1 also
includes minor physical design changes
to help ensure the structural integrity of
the amended system. These are the
addition of a hold-down system to the
closure lid; replacing the fill material in
the interstitial spaces between the CECs
surrounding the casks with 3000 psi
concrete; strengthening MPC guides;
and engineering the guides’ nominal gap
with the MPC to be tighter than the
original HI–STORM UMAX Canister
Storage 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
amendment 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 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
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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 accident conditions,
the design of the 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. There are no
significant changes to cask design
requirements in the proposed CoC
amendment. In addition, because there
are no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No.1
would remain well within the 10 CFR
part 20 limits. Therefore, the proposed
CoC amendment 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 significant
revisions in the amounts of any effluent
released, no significant increase in the
individual or cumulative radiation
exposure, and no significant increase in
the potential for or consequences from
radiological accidents. The NRC 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 Amendment 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 HI–STORM
UMAX Canister Storage Systems in
accordance with the changes described
in proposed Amendment 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 upon the NRC and the costs to
each licensee. Therefore, the
environmental impacts of the alternative
to the action would be the same or more
than the impacts of the action.
E. Alternative Use of Resources
Approval of Amendment No.1 to CoC
No. 1040 would result in no irreversible
commitments of resources.
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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, Amendment 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 rule will not, if issued,
have a significant economic impact on
a substantial number of small entities.
This direct final rule affects only
nuclear power plant licensees and
Holtec. These entities do not fall within
the scope of the definition of small
entities set forth in the Regulatory
Flexibility Act or the size standards
established by the NRC (10 CFR 2.810).
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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
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 March 6, 2015 (80 FR 12073), as
corrected on March 25, 2015 (80 FR
15679), the NRC issued an amendment
to 10 CFR part 72 that approved the
Holtec HI–STORM UMAX Canister
Storage System design by adding it to
the list of NRC-approved cask designs in
10 CFR 72.214. On July 11, 2014, and
as supplemented on October 31, 2014,
Holtec submitted an application to
amend the HI–STORM UMAX Canister
Storage System as described in Section
IV, ‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment No.1
and to require any 10 CFR part 72
general licensees seeking to load spent
nuclear fuel into the Holtec HI–STORM
UMAX Canister Storage System under
the changes described in Amendment
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 upon the
NRC and the costs to each licensee.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the SER and
the environmental assessment, the
direct final rule will have no adverse
effect on public health and safety or the
environment. This direct final rule has
no significant identifiable impact or
benefit on other Government agencies.
Based on this regulatory analysis, the
NRC concludes that the requirements of
the direct final rule are commensurate
with the NRC’s responsibilities for
public health and safety and the
common defense and security. No other
available alternative is believed to be as
satisfactory, and therefore, this action is
recommended.
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. Therefore,
a backfit analysis is not required. This
direct final rule amends CoC No. 1040
for the Holtec HI–STORM UMAX
Canister Storage System, as currently
listed in 10 CFR 72.214, ‘‘List of
approved spent fuel storage casks.’’
Amendment No. 1 provides a
seismically enhanced version of the HI–
STORM UMAX Canister Storage
System, identified as the ‘‘Most Severe
Earthquake (MSE)’’ version that could
be used in areas with higher seismic
demands than those analyzed
previously. It also includes minor
physical design changes to help ensure
structural integrity of the amended
system.
Amendment No. 1 of CoC No. 1040
for the Holtec HI–STORM UMAX
Canister Storage System was initiated by
Holtec and was not submitted in
response to new NRC requirements, or
an NRC request for amendment. Holtec,
as the CoC holder, is not protected by
the backfitting provisions under 10 CFR
72.62.
In addition, the changes in
Amendment No. 1 do not apply to casks
which were manufactured to the initial
CoC 1040. Amendment No. 1 applies
only to new casks fabricated and used
under Amendment No. 1. Therefore,
these changes do not affect existing
users of the Holtec UMAX Canister
Storage System. For these reasons,
Amendment No. 1 to 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.
XIII. Congressional Review Act
This action is not a 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 No./
Web link/
Federal Register
citation
Document
Proposed CoC No. 1040, Amendment No. 1 .......................................................................................................................
Appendix A of Proposed TSs ................................................................................................................................................
Appendix B of Proposed TS ..................................................................................................................................................
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ADAMS
Accession No./
Web link/
Federal Register
citation
Document
Preliminary SER ....................................................................................................................................................................
Request for Amendment Application dated July 11, 2014 ...................................................................................................
Supplemental Information for Proposed Action, dated October 31, 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–2015–0067. 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–2015–0067); (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
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).
mstockstill on DSK4VPTVN1PROD with RULES
VerDate Sep<11>2014
16:21 Jun 22, 2015
Jkt 235001
This action establishes Class
E airspace at Cloverdale Municipal
Airport, Cloverdale CA. to accommodate
Area Navigation (RNAV) Global
Positioning System (GPS) standard
instrument approach procedures at
Cloverdale Municipal Airport. This
action enhances the safety and
management of IFR operations at the
airport.
SUMMARY:
§ 72.214 List of approved spent fuel
storage casks.
*
ADDRESSES:
2. In § 72.214, Certificate of
Compliance No. 1040 is revised to read
as follows:
■
*
*
*
*
Certificate Number: 1040.
Initial Certificate Effective Date: April
6, 2015.
Amendment No. 1 Effective Date:
September 8, 2015.
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: April 6,
2035.
Model Number: MPC–37, MPC–89.
DATES:
14 CFR Part 71
FAA Order 7400.9Y,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed on line at https://
www.faa.gov/airtraffic/publications/.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.9, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15. For further information,
you can contact the Airspace Policy and
ATC Regulations Group, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 29591; telephone: 202–
267–8783.
FOR FURTHER INFORMATION CONTACT:
Richard Roberts, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057;
telephone (425) 203–4517.
SUPPLEMENTARY INFORMATION:
[Docket No. FAA–2014–0457; Airspace
Docket No. 14–AWP–4]
Authority for This Rulemaking
Dated at Rockville, Maryland, this 11th day
of June, 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015–15476 Filed 6–22–15; 8:45 am]
■
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
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).
ML15070A149
ML14202A029
ML14308A164
Effective 0901 UTC, August 20,
2015. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
BILLING CODE 7590–01–P
1. The authority citation for part 72
continues to read as follows:
35833
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Establishment of Class E Airspace;
Cloverdale, CA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
E:\FR\FM\23JNR1.SGM
23JNR1
]]>Agencies
[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Rules and Regulations]
[Pages 35829-35833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15476]
========================================================================
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. 80, No. 120 / Tuesday, June 23, 2015 / Rules
and Regulations
[[Page 35829]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2015-0067]
RIN 3150-AJ58
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM UMAX Canister Storage System, Certificate of Compliance No.
1040, Amendment 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,
Inc. (Holtec), HI-STORM (Holtec International Storage Module)
Underground Maximum Capacity (UMAX) Canister Storage System listing
within the ``List of approved spent fuel storage casks'' to add
Amendment No. 1 to Certificate of Compliance (CoC) No. 1040. Amendment
No. 1 provides a seismically enhanced version of the HI-STORM UMAX
Canister Storage System, identified as the ``Most Severe Earthquake
(MSE)'' version, that could be used in areas with higher seismic
demands than those analyzed previously. Amendment No. 1 also includes
minor physical design changes to help ensure structural integrity of
the amended system. These are the addition of a hold-down system to the
closure lid; replacing the fill material in the interstitial spaces
between the cavity enclosure containers (CECs) surrounding the casks
with 3000 psi concrete; strengthening the multi-purpose canister (MPC)
guides; and engineering the guides' nominal gap with the MPC to be
tighter than the original HI-STORM UMAX Canister Storage System design.
DATES: The direct final rule is effective September 8, 2015, unless
significant adverse comments are received by July 23, 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 Commission is 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 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-2015-0067. Address
questions about NRC dockets to Carol Gallagher, telephone: (301) 415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, 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: Solomon Sahle, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: (301) 415-3781; email:
Solomon.Sahle@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-2015-0067 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-2015-0067.
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-2015-0067 in the subject line of your
comment submission.
[[Page 35830]]
The NRC cautions you not to include identifying or contact
information 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. 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 rule is limited to the changes contained in Amendment No. 1 to
CoC No. 1040 and does not include other aspects of the HI-STORM UMAX
Canister Storage System. The NRC is using the ``direct final rule''
procedure to issue this amendment because it represents a limited and
routine change to an existing CoC that is expected to be
noncontroversial. The amendment to the rule will become effective on
September 8, 2015. However, if the NRC receives significant adverse
comments on this direct final rule by July 23, 2015, the NRC will
publish a document that withdraws this action, and will subsequently
address the comments received in a final rule as a response to the
companion proposed rule published in the Proposed Rule section of this
issue of the Federal Register. Absent significant modifications to the
proposed revisions requiring republication, the NRC will not initiate a
second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule, CoC, or Technical Specifications (TSs).
For detailed instructions on submitting 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 U.S. Department of
Energy] shall establish a demonstration program, in cooperation with
the private sector, for the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites, with the objective of
establishing one or more technologies that the [U.S. Nuclear
Regulatory] Commission may, by rule, approve for use at the sites of
civilian nuclear power reactors without, to the maximum extent
practicable, the need for additional site-specific approvals by the
Commission.'' Section 133 of the NWPA states, in part, that ``[t]he
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
within 10 CFR part 72 entitled, ``Approval of Spent Fuel Storage
Casks,'' which contains procedures and criteria for obtaining NRC
approval of spent fuel storage cask designs. The NRC subsequently
issued a final rule on March 6, 2015 (80 FR 12073), as corrected on
March 25, 2015 (80 FR 15679), that approved the HI-STORM UMAX Canister
Storage System design and added it to the list of NRC-approved cask
designs in 10 CFR 72.214 as CoC No. 1040.
IV. Discussion of Changes
By letter dated July 11, 2014, and as supplemented on October 31,
2014, Holtec submitted an application to the NRC to amend the HI-STORM
UMAX Canister Storage System, CoC No. 1040, under subpart K of 10 CFR
part 72. Amendment No. 1 to CoC No. 1040 provides a seismically
enhanced version of the HI-STORM UMAX Canister Storage System,
identified as the ``Most Severe Earthquake (MSE)'' version, that could
be used in areas with higher seismic demands than those analyzed
previously. Amendment No. 1 also includes minor physical design changes
to help ensure structural integrity of the amended system. These are
the addition of a hold-down system to the closure lid; replacing the
fill material in the interstitial spaces between the CECs surrounding
the casks with 3000 psi concrete; strengthening the MPC guides; and
engineering the guides' nominal gap with the MPC to be tighter than the
original HI-STORM UMAX Canister Storage System design.
As documented in the NRC staff's Safety Evaluation Report (SER)
(ML15070A149), the NRC staff performed a detailed safety evaluation of
the proposed CoC amendment request. This amendment does not reflect a
significant change in design or fabrication of the HI-STROM UMAX
Canister Storage System cask design previously approved by the NRC (see
80 FR 12073, as corrected 80 FR 15679). Considering the specific design
requirements for accident conditions, the NRC staff determined that the
design of the cask would continue to prevent loss of confinement,
shielding, and criticality control.
This direct final rule revises the Holtec HI-STORM UMAX Canister
Storage System listing in 10 CFR 72.214 by adding Amendment No. 1 to
CoC No. 1040. 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 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 Holtec HI-STORM UMAX Canister Storage Systems that meet the
criteria of Amendment No. 1 to CoC No. 1040 under 10 CFR 72.212.
[[Page 35831]]
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 amend
the Holtec HI-STORM UMAX Canister Storage System design listed in 10
CFR 72.214, ``List of approved spent fuel storage casks.'' 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 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.
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).
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to amend the Holtec HI-STORM
UMAX Canister Storage System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 1 to 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 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 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, Amendment No. 1
to CoC No. 1040 provides a seismically enhanced version of the HI-STORM
UMAX Canister Storage System, identified as the ``Most Severe
Earthquake (MSE)'' version that could be used in areas with higher
seismic demands than those analyzed previously. Amendment No. 1 also
includes minor physical design changes to help ensure the structural
integrity of the amended system. These are the addition of a hold-down
system to the closure lid; replacing the fill material in the
interstitial spaces between the CECs surrounding the casks with 3000
psi concrete; strengthening MPC guides; and engineering the guides'
nominal gap with the MPC to be tighter than the original HI-STORM UMAX
Canister Storage 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 amendment 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 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 accident
conditions, the design of the 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. There are no significant changes to
cask design requirements in the proposed CoC amendment. In addition,
because there are no significant design or process changes, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No.1 would remain well within the 10 CFR
part 20 limits. Therefore, the proposed CoC amendment 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 significant
revisions in the amounts of any effluent released, no significant
increase in the individual or cumulative radiation exposure, and no
significant increase in the potential for or consequences from
radiological accidents. The NRC 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 Amendment 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 HI-
STORM UMAX Canister Storage Systems in accordance with the changes
described in proposed Amendment 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 upon the NRC and the costs to each licensee.
Therefore, the environmental impacts of the alternative to the action
would be the same or more than the impacts of the action.
E. Alternative Use of Resources
Approval of Amendment No.1 to CoC No. 1040 would result in no
irreversible commitments of resources.
[[Page 35832]]
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, Amendment 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 rule will not, if issued, have a significant
economic impact on a substantial number of small entities. This direct
final rule affects only nuclear power plant licensees and Holtec. These
entities do not fall within the scope of the definition of small
entities set forth in the Regulatory Flexibility Act or the size
standards established by the NRC (10 CFR 2.810).
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 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 March 6, 2015 (80 FR 12073), as corrected on March 25, 2015 (80
FR 15679), the NRC issued an amendment to 10 CFR part 72 that approved
the Holtec HI-STORM UMAX Canister Storage System design by adding it to
the list of NRC-approved cask designs in 10 CFR 72.214. On July 11,
2014, and as supplemented on October 31, 2014, Holtec submitted an
application to amend the HI-STORM UMAX Canister Storage System as
described in Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No.1 and to require any 10 CFR part 72 general licensees seeking to
load spent nuclear fuel into the Holtec HI-STORM UMAX Canister Storage
System under the changes described in Amendment 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 upon the NRC and
the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the SER and the environmental
assessment, the direct final rule will have no adverse effect on public
health and safety or the environment. This direct final rule has no
significant identifiable impact or benefit on other Government
agencies. Based on this regulatory analysis, the NRC concludes that the
requirements of the direct final rule are commensurate with the NRC's
responsibilities for public health and safety and the common defense
and security. No other available alternative is believed to be as
satisfactory, and therefore, this action is recommended.
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. Therefore, a backfit analysis is
not required. This direct final rule amends CoC No. 1040 for the Holtec
HI-STORM UMAX Canister Storage System, as currently listed in 10 CFR
72.214, ``List of approved spent fuel storage casks.'' Amendment No. 1
provides a seismically enhanced version of the HI-STORM UMAX Canister
Storage System, identified as the ``Most Severe Earthquake (MSE)''
version that could be used in areas with higher seismic demands than
those analyzed previously. It also includes minor physical design
changes to help ensure structural integrity of the amended system.
Amendment No. 1 of CoC No. 1040 for the Holtec HI-STORM UMAX
Canister Storage System was initiated by Holtec and was not submitted
in response to new NRC requirements, or an NRC request for amendment.
Holtec, as the CoC holder, is not protected by the backfitting
provisions under 10 CFR 72.62.
In addition, the changes in Amendment No. 1 do not apply to casks
which were manufactured to the initial CoC 1040. Amendment No. 1
applies only to new casks fabricated and used under Amendment No. 1.
Therefore, these changes do not affect existing users of the Holtec
UMAX Canister Storage System. For these reasons, Amendment No. 1 to 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.
XIII. Congressional Review Act
This action is not a 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 No./ Web link/
Document Federal Register citation
------------------------------------------------------------------------
Proposed CoC No. 1040, Amendment ML15070A151
No. 1.
Appendix A of Proposed TSs......... ML15070A153
Appendix B of Proposed TS.......... ML15070A152
[[Page 35833]]
Preliminary SER.................... ML15070A149
Request for Amendment Application ML14202A029
dated July 11, 2014.
Supplemental Information for ML14308A164
Proposed Action, dated October 31,
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-2015-0067. 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-2015-0067); (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 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. 1040 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1040.
Initial Certificate Effective Date: April 6, 2015.
Amendment No. 1 Effective Date: September 8, 2015.
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: April 6, 2035.
Model Number: MPC-37, MPC-89.
Dated at Rockville, Maryland, this 11th day of June, 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-15476 Filed 6-22-15; 8:45 am]
BILLING CODE 7590-01-P
