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]

Download as PDF 35829 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. mstockstill on DSK4VPTVN1PROD with RULES 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: Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 (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. E:\FR\FM\23JNR1.SGM 23JNR1 35830 Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:21 Jun 22, 2015 Jkt 235001 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. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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. E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations 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). mstockstill on DSK4VPTVN1PROD with RULES 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, VerDate Sep<11>2014 16:21 Jun 22, 2015 Jkt 235001 ‘‘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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 35831 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. E:\FR\FM\23JNR1.SGM 23JNR1 35832 Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations 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). mstockstill on DSK4VPTVN1PROD with RULES 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 .................................................................................................................................................. VerDate Sep<11>2014 16:21 Jun 22, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1 ML15070A151 ML15070A153 ML15070A152 Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations 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]



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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
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