List of Approved Spent Fuel Storage Casks: Holtec International, HI-STORM Flood/Wind Multipurpose Storage System, Certificate of Compliance No. 1032, Amendment No. 0, Revision 1, 58195-58199 [2015-24615]
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Rules and Regulations
Federal Register
Vol. 80, No. 187
Monday, September 28, 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–2015–0134]
RIN 3150–AJ62
List of Approved Spent Fuel Storage
Casks: Holtec International, HI–STORM
Flood/Wind Multipurpose Storage
System, Certificate of Compliance No.
1032, Amendment No. 0, Revision 1
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
(Holtec), HI–STORM (Holtec
International Storage Module) Flood/
Wind (FW) Multipurpose Canister
Storage (MPC) System listing within the
‘‘List of approved spent fuel storage
casks’’ to add Amendment No. 0,
Revision 1, to Certificate of Compliance
(CoC) No. 1032. This revision corrects
the CoC’s expiration date (editorial
change), clarifies heat load limits for
helium backfill ranges, clarifies the
wording for the Limiting Condition for
Operation (LCO) on vent blockage, and
revises the vacuum drying system heat
load.
DATES: The direct final rule is effective
April 25, 2016, unless significant
adverse comments are received by
October 28, 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is withdrawn as a result of such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
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SUMMARY:
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comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
You may submit comments
by any 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–2015–0134. 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.
ADDRESSES:
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
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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–
0134 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–2015–0134.
• 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–
0134 in your comment submission.
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
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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.
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II. Procedural Background
This rule is limited to the changes
contained in Amendment No. 0,
Revision 1, to CoC No. 1032 and does
not include other aspects of the HI–
STORM FW MPC Storage System. The
NRC is using the ‘‘direct final rule’’
procedure to issue this revision because
it represents a limited and routine
change to an existing CoC that is
expected to be noncontroversial.
Adequate protection of public health
and safety continues to be ensured. The
revision to the rule will become
effective on April 25, 2016. However, if
the NRC receives significant adverse
comments on this direct final rule by
April 25, 2016, then the NRC will
publish a document that withdraws this
action, and will subsequently address
the comments received in a final rule as
a response to the companion proposed
rule published in the Proposed Rule
section of this issue of the Federal
Register. Absent significant
modifications to the proposed revisions
requiring republication, the NRC will
not initiate a second comment period on
this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis; The
comment raises an issue serious enough
to warrant a substantive response to
clarify or complete the record; or
(b) 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).
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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 Department of Energy] shall
establish a demonstration program, in
cooperation with the private sector, for
the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[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
direct final rule on March 28, 2011 (76
FR 17019), that approved the Holtec HI–
STORM FW MPC Storage System and
added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as CoC
No. 1032.
IV. Discussion of Changes
By letter dated September 16, 2014,
and as supplemented on March 12,
2015, Holtec submitted a request to the
NRC to revise the initial certificate
issued as CoC No. 1032. Because this is
a request to revise the initial certificate,
the revision is being referred to as
‘‘Amendment No. 0, Revision 1.’’
Amendment No. 0, Revision 1, will
supersede the initial version of the CoC
and TSs that were effective on June 13,
2011, in their entirety. The HI–STORM
FW MPC Storage System is a spent
nuclear fuel storage system designed to
be in full compliance with the
requirements of 10 CFR part 72.
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Amendment No. 0, Revision 1, makes
the following changes:
• Corrects the expiration date to June
12, 2031.
• Modifies Appendix A, Table 3–2, to
show that the narrower helium backfill
range can be used for all canisters
instead of only those above a certain
limit. Additionally, the footnotes on this
table are revised.
• Revises the note in Appendix A,
LCO 3.1.2, to clarify that each of the
inlet and outlet vents should be 50
percent unblocked.
• Revises Appendix A, Table 3–1, to
limit the MPC heat load limit for using
the vacuum drying system to a lower
value, and revises the table notes
accordingly.
• Revises Appendix B, Tables 2.3–3
and 2.3–4, to indicate that the per cell
heat load limits correspond to the lower
MPC heat load limit.
As documented in the safety
evaluation report (SER), the NRC staff
performed a detailed safety evaluation
of the proposed CoC revision request.
Correcting the CoC expiration date to
reflect a 20-year versus a 40-year
certification is an editorial change that
is consistent with the original HI–
STORM FW MPC Storage System
application and SER. The NRC staff also
finds that CoC No. 1032, as revised,
identifies the necessary TSs to satisfy 10
CFR part 72 and that the applicable
criteria of 10 CFR 72.236 have been
satisfied. The NRC staff concludes that
the proposed TS changes provide
reasonable assurance that the HI–
STORM FW MPC Storage System will
allow safe storage of spent nuclear fuel.
This direct final rule revises the
Holtec HI–STORM FW MPC Storage
System listing in 10 CFR 72.214 by
adding Amendment No. 0, Revision 1,
to CoC No. 1032. The revision consists
of the changes previously described, as
set forth in the revised CoC and TSs.
The revised TSs are identified in the
SER.
The revised Holtec HI–STORM FW
MPC 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. The NRC staff further
determined that the issuance of the
revision will not be inimical to the
common defense and security. When
this direct final rule becomes effective,
persons who hold a general license
under 10 CFR 72.210 may load spent
nuclear fuel into the HI–STORM FW
MPC Storage System that meets the
criteria of Amendment No. 0, Revision
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1, to CoC No. 1032 under 10 CFR
72.212.
V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC will revise the Holtec HI–STORM
FW MPC Storage System design listing
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 revise the Holtec HI–STORM FW
MPC Storage System listing within the
‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 0,
Revision 1, to CoC No. 1032. Under the
National Environmental Policy Act of
1969, as amended, and the NRC’s
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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 revises the CoC
for the Holtec HI–STORM FW MPC
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. 0, Revision 1, corrects
the CoC expiration date, clarifies heat
load limits for helium backfill ranges,
clarifies the wording for the LCO on
vent blockage, and revises the vacuum
drying system heat load.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Amendment No. 0, Revision 1, tiers off
of the environmental assessment for the
July 18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act.
Holtec HI–STORM FW MPC Storage
Systems are designed to mitigate the
effects of design basis accidents that
could occur during storage. Design basis
accidents account for human-induced
events and the most severe natural
phenomena reported for the site and
surrounding area. Postulated accidents
analyzed for an Independent Spent Fuel
Storage Installation, the type of facility
at which a holder of a power reactor
operating license would store spent fuel
in casks in accordance with 10 CFR part
72, include tornado winds and tornadogenerated missiles, a design basis
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
Considering the specific design
requirements for each accident
condition, the design of the storage
system would prevent loss of
containment, shielding, and criticality
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58197
control. If there is no loss of
containment, shielding, or criticality
control, the environmental impacts
would not be significant. There are no
significant changes to cask design
requirements in the proposed CoC
revision. 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. 0,
Revision 1, would remain well within
the 10 CFR part 20 limits. Therefore, the
proposed CoC revision will not result in
any radiological or non-radiological
environmental impacts that differ
significantly 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. 0,
Revision 1, and end the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into Holtec HI–STORM FW
MPC Storage Systems in accordance
with the changes described in proposed
Amendment No. 0, Revision 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. 0,
Revision 1, to CoC No. 1032 would
result in no irreversible commitments of
resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in 10 CFR part 51. Based
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on the foregoing environmental
assessment, the NRC concludes that this
direct final rule entitled, ‘‘List of
Approved Spent Fuel Storage Casks:
Holtec International, Inc., HI–STORM
Flood/Wind Multipurpose Storage
System, Certificate of Compliance No.
1032, Amendment No. 0, Revision 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 Office of
Management and Budget control
number.
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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 September 16, 2014, and as
supplemented on March 12, 2015,
Holtec submitted an application to
revise the HI–STORM FW MPC Storage
System, CoC No. 1032, as described in
Section IV, ‘‘Discussion of Changes,’’ of
this document. The alternative to this
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action is to withhold approval of
Amendment No. 0, Revision 1, and to
require any 10 CFR part 72 general
licensee seeking to load spent nuclear
fuel into the Holtec HI–STORM FW
MPC Storage System under the changes
described in Amendment No. 0,
Revision 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 revises CoC No. 1032
for the Holtec HI–STORM FW MPC
Storage System, as currently listed in 10
CFR 72.214, ‘‘List of approved spent
fuel storage casks.’’ Amendment No. 0,
Revision 1, corrects the CoC expiration
date, clarifies heat load limits for
helium backfill ranges, clarifies the
wording for the LCO on vent blockage,
and revises the vacuum drying system
heat loads.
Although Holtec has manufactured
some casks under the existing CoC No.
1032, Amendment No. 0, that is being
revised by this direct final rule, Holtec,
as the vendor, is not subject to
backfitting protection under 10 CFR
72.62. Moreover, Holtec requested the
change and has requested to apply it to
the existing casks manufactured under
Amendment No. 0. Therefore, even if
the vendor were deemed to be an entity
protected from backfitting, this request
represents a voluntary change and is not
backfitting for Holtec.
Under 10 CFR 72.62, general licensees
are entities that are protected from
backfitting, and in this instance, Holtec,
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has provided systems under CoC
No.1032, Amendment No. 0, to a general
licensee. General licensees are required,
pursuant to 10 CFR 72.212, to ensure
that each cask conforms to the terms,
conditions, and specifications of a CoC,
and that each cask can be safely used at
the specific site in question. Because the
casks delivered under CoC No. 1032,
Amendment No. 0, now must be
evaluated under 10 CFR 72.212
consistent with the revisions in CoC No.
1032, Amendment No. 0, Revision 1,
this change in the evaluation method
and criteria constitutes a change in a
procedure required to operate an
independent spent fuel storage
installation (ISFSI) and, therefore,
would constitute backfitting under 10
CFR 72.62(a)(2). However, in this
instance, the general licensee
voluntarily indicated their willingness
to comply with the revised CoC, as long
as the general licensee is provided
adequate time to implement the revised
CoC (ADAMS Accession No.
ML15222A173). This direct final rule
accommodates that request by providing
an effective date for the final rule to
April 25, 2016. Therefore, although the
general licensee is an entity protected
from backfitting, this request represents
a voluntary change and is not
backfitting for the general licensee.
In addition, the changes in CoC No.
1032, Amendment No. 0, Revision 1, do
not apply to casks which were
manufactured to other amendments of
CoC No. 1032, and therefore, have no
effect on current ISFSI licensees using
casks which were manufactured to other
amendments of CoC No. 1032. For these
reasons, approval of CoC No. 1032,
Amendment No. 0, Revision 1, does not
constitute backfitting for users of the
HI–STORM FW MPC Storage System
which were manufactured to other
amendments of CoC No. 1032, under 10
CFR 72.62, 10 CFR 50.109(a)(1), or the
issue finality provisions applicable to
combined licenses in 10 CFR part 52.
Accordingly, no backfit analysis or
additional documentation addressing
the issue finality criteria in 10 CFR part
52 has been prepared by the NRC 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.
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ADAMS Accession
No.
Document
Proposed CoC No. 1032, Amendment No. 0, Revision 1 ..........................................................................................................
Appendix A of Proposed TSs ......................................................................................................................................................
Appendix B of Proposed TS .......................................................................................................................................................
Preliminary SER ..........................................................................................................................................................................
September 16, 2014, application ................................................................................................................................................
March 12, 2015, supplement to application ................................................................................................................................
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–2015–0134. 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–2015–0134); (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,
Hazardous waste, Indians,
Intergovernmental relations, Manpower
training programs, Nuclear energy,
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
tkelley on DSK3SPTVN1PROD with RULES
17:11 Sep 25, 2015
Jkt 235001
2. In § 72.214, Certificate of
Compliance No. 1032 is revised to read
as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1032.
Initial Certificate Effective Date: June
13, 2011, superseded by Amendment
Number 0, Revision 1, on April 25,
2016.
Amendment Number 0, Revision 1,
Effective Date: April 25, 2016.
Amendment Number 1 Effective Date:
December 17, 2014, superseded by
Amendment Number 1, Revision 1, on
June 2, 2015.
Amendment Number 1, Revision 1,
Effective Date: June 2, 2015.
SAR Submitted by: Holtec
International, Inc.
SAR Title: Final Safety Analysis
Report for the Holtec International HI–
STORM FW System.
Docket Number: 72–1032.
Certificate Expiration Date: June 12,
2031.
Model Number: HI–STORM FW
MPC–37, MPC–89.
*
*
*
*
*
Dated at Rockville, Maryland, this 18th day
of September, 2015.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting, Executive Director for Operations.
[FR Doc. 2015–24615 Filed 9–25–15; 8:45 am]
BILLING CODE 7590–01–P
Federal Aviation Administration
Authority: Atomic Energy Act of 1954,
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, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
VerDate Sep<11>2014
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
DEPARTMENT OF TRANSPORTATION
1. The authority citation for part 72
continues to read as follows:
■
14 CFR Part 71
[Docket No. FAA–2015–1137; Airspace
Docket No. 15–ANM–4]
Amendment of Class E Airspace;
Portland, OR
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00005
Fmt 4700
58199
Sfmt 4700
ML15124A631
ML15124A636
ML15124A642
ML15124A644
ML14262A070
ML15071A472
This action modifies Class E
surface area airspace designated as an
extension to Class C airspace, and Class
E airspace extending upward from 700
feet above the surface at Portland
International Airport, Portland, OR.
After reviewing the airspace, the FAA
found the Portland VHF
omnidirectional radio range/distance
measuring equipment (VOR/DME) and
Laker non-directional beacon (NDB) has
been decommissioned, thereby
necessitating airspace redesign for the
safety and management of Instrument
Flight Rules (IFR) operations at the
airport. This action also corrects the
geographic coordinates of the airport.
SUMMARY:
Effective 0901 UTC, December
10, 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.
DATES:
FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://www.faa.gov/
air_traffic/publications/. 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. 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Steve Haga, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057;
telephone (425) 203–4563.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28SER1.SGM
28SER1
]]>Agencies
[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Rules and Regulations]
[Pages 58195-58199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24615]
========================================================================
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. 187 / Monday, September 28, 2015 /
Rules and Regulations
[[Page 58195]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2015-0134]
RIN 3150-AJ62
List of Approved Spent Fuel Storage Casks: Holtec International,
HI-STORM Flood/Wind Multipurpose Storage System, Certificate of
Compliance No. 1032, Amendment No. 0, Revision 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
(Holtec), HI-STORM (Holtec International Storage Module) Flood/Wind
(FW) Multipurpose Canister Storage (MPC) System listing within the
``List of approved spent fuel storage casks'' to add Amendment No. 0,
Revision 1, to Certificate of Compliance (CoC) No. 1032. This revision
corrects the CoC's expiration date (editorial change), clarifies heat
load limits for helium backfill ranges, clarifies the wording for the
Limiting Condition for Operation (LCO) on vent blockage, and revises
the vacuum drying system heat load.
DATES: The direct final rule is effective April 25, 2016, unless
significant adverse comments are received by October 28, 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-2015-0134. 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-2015-0134 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-2015-0134.
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-2015-0134 in your comment submission.
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
[[Page 58196]]
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. 0,
Revision 1, to CoC No. 1032 and does not include other aspects of the
HI-STORM FW MPC Storage System. The NRC is using the ``direct final
rule'' procedure to issue this revision because it represents a limited
and routine change to an existing CoC that is expected to be
noncontroversial. Adequate protection of public health and safety
continues to be ensured. The revision to the rule will become effective
on April 25, 2016. However, if the NRC receives significant adverse
comments on this direct final rule by April 25, 2016, then the NRC will
publish a document that withdraws this action, and will subsequently
address the comments received in a final rule as a response to the
companion proposed rule published in the Proposed Rule section of this
issue of the Federal Register. Absent significant modifications to the
proposed revisions requiring republication, the NRC will not initiate a
second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis; The comment raises an
issue serious enough to warrant a substantive response to clarify or
complete the record; or
(b) 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 Department of Energy]
shall establish a demonstration program, in cooperation with the
private sector, for the dry storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the objective of establishing one or
more technologies that the [Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the NWPA
states, in part, that ``[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 direct final rule on March 28, 2011 (76 FR
17019), that approved the Holtec HI-STORM FW MPC Storage System and
added it to the list of NRC-approved cask designs in 10 CFR 72.214 as
CoC No. 1032.
IV. Discussion of Changes
By letter dated September 16, 2014, and as supplemented on March
12, 2015, Holtec submitted a request to the NRC to revise the initial
certificate issued as CoC No. 1032. Because this is a request to revise
the initial certificate, the revision is being referred to as
``Amendment No. 0, Revision 1.'' Amendment No. 0, Revision 1, will
supersede the initial version of the CoC and TSs that were effective on
June 13, 2011, in their entirety. The HI-STORM FW MPC Storage System is
a spent nuclear fuel storage system designed to be in full compliance
with the requirements of 10 CFR part 72. Amendment No. 0, Revision 1,
makes the following changes:
Corrects the expiration date to June 12, 2031.
Modifies Appendix A, Table 3-2, to show that the narrower
helium backfill range can be used for all canisters instead of only
those above a certain limit. Additionally, the footnotes on this table
are revised.
Revises the note in Appendix A, LCO 3.1.2, to clarify that
each of the inlet and outlet vents should be 50 percent unblocked.
Revises Appendix A, Table 3-1, to limit the MPC heat load
limit for using the vacuum drying system to a lower value, and revises
the table notes accordingly.
Revises Appendix B, Tables 2.3-3 and 2.3-4, to indicate
that the per cell heat load limits correspond to the lower MPC heat
load limit.
As documented in the safety evaluation report (SER), the NRC staff
performed a detailed safety evaluation of the proposed CoC revision
request. Correcting the CoC expiration date to reflect a 20-year versus
a 40-year certification is an editorial change that is consistent with
the original HI-STORM FW MPC Storage System application and SER. The
NRC staff also finds that CoC No. 1032, as revised, identifies the
necessary TSs to satisfy 10 CFR part 72 and that the applicable
criteria of 10 CFR 72.236 have been satisfied. The NRC staff concludes
that the proposed TS changes provide reasonable assurance that the HI-
STORM FW MPC Storage System will allow safe storage of spent nuclear
fuel.
This direct final rule revises the Holtec HI-STORM FW MPC Storage
System listing in 10 CFR 72.214 by adding Amendment No. 0, Revision 1,
to CoC No. 1032. The revision consists of the changes previously
described, as set forth in the revised CoC and TSs. The revised TSs are
identified in the SER.
The revised Holtec HI-STORM FW MPC 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. The NRC staff further determined that the issuance of the
revision will not be inimical to the common defense and security. When
this direct final rule becomes effective, persons who hold a general
license under 10 CFR 72.210 may load spent nuclear fuel into the HI-
STORM FW MPC Storage System that meets the criteria of Amendment No. 0,
Revision
[[Page 58197]]
1, to CoC No. 1032 under 10 CFR 72.212.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC will revise
the Holtec HI-STORM FW MPC Storage System design listing 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 revise the Holtec HI-STORM
FW MPC Storage System listing within the ``List of approved spent fuel
storage casks'' to include Amendment No. 0, Revision 1, to CoC No.
1032. 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 revises the CoC for the Holtec HI-STORM FW
MPC 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.
0, Revision 1, corrects the CoC expiration date, clarifies heat load
limits for helium backfill ranges, clarifies the wording for the LCO on
vent blockage, and revises the vacuum drying system heat load.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 0, Revision 1, tiers
off of the environmental assessment for the July 18, 1990, final rule.
Tiering on past environmental assessments is a standard process under
the National Environmental Policy Act.
Holtec HI-STORM FW MPC Storage Systems are designed to mitigate the
effects of design basis accidents that could occur during storage.
Design basis accidents account for human-induced events and the most
severe natural phenomena reported for the site and surrounding area.
Postulated accidents analyzed for an Independent Spent Fuel Storage
Installation, the type of facility at which a holder of a power reactor
operating license would store spent fuel in casks in accordance with 10
CFR part 72, include tornado winds and tornado-generated missiles, a
design basis earthquake, a design basis flood, an accidental cask drop,
lightning effects, fire, explosions, and other incidents.
Considering the specific design requirements for each accident
condition, the design of the 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 not be significant. There are no significant changes to
cask design requirements in the proposed CoC revision. 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. 0, Revision 1, would remain well within
the 10 CFR part 20 limits. Therefore, the proposed CoC revision will
not result in any radiological or non-radiological environmental
impacts that differ significantly 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.
0, Revision 1, and end the direct final rule. Consequently, any 10 CFR
part 72 general licensee that seeks to load spent nuclear fuel into
Holtec HI-STORM FW MPC Storage Systems in accordance with the changes
described in proposed Amendment No. 0, Revision 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. 0, Revision 1, to CoC No. 1032 would
result in no irreversible commitments of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in 10 CFR part 51. Based
[[Page 58198]]
on the foregoing environmental assessment, the NRC concludes that this
direct final rule entitled, ``List of Approved Spent Fuel Storage
Casks: Holtec International, Inc., HI-STORM Flood/Wind Multipurpose
Storage System, Certificate of Compliance No. 1032, Amendment No. 0,
Revision 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
Office of Management and Budget 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 September 16, 2014, and as supplemented on March 12, 2015,
Holtec submitted an application to revise the HI-STORM FW MPC Storage
System, CoC No. 1032, as described in Section IV, ``Discussion of
Changes,'' of this document. The alternative to this action is to
withhold approval of Amendment No. 0, Revision 1, and to require any 10
CFR part 72 general licensee seeking to load spent nuclear fuel into
the Holtec HI-STORM FW MPC Storage System under the changes described
in Amendment No. 0, Revision 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 revises CoC No. 1032 for the
Holtec HI-STORM FW MPC Storage System, as currently listed in 10 CFR
72.214, ``List of approved spent fuel storage casks.'' Amendment No. 0,
Revision 1, corrects the CoC expiration date, clarifies heat load
limits for helium backfill ranges, clarifies the wording for the LCO on
vent blockage, and revises the vacuum drying system heat loads.
Although Holtec has manufactured some casks under the existing CoC
No. 1032, Amendment No. 0, that is being revised by this direct final
rule, Holtec, as the vendor, is not subject to backfitting protection
under 10 CFR 72.62. Moreover, Holtec requested the change and has
requested to apply it to the existing casks manufactured under
Amendment No. 0. Therefore, even if the vendor were deemed to be an
entity protected from backfitting, this request represents a voluntary
change and is not backfitting for Holtec.
Under 10 CFR 72.62, general licensees are entities that are
protected from backfitting, and in this instance, Holtec, has provided
systems under CoC No.1032, Amendment No. 0, to a general licensee.
General licensees are required, pursuant to 10 CFR 72.212, to ensure
that each cask conforms to the terms, conditions, and specifications of
a CoC, and that each cask can be safely used at the specific site in
question. Because the casks delivered under CoC No. 1032, Amendment No.
0, now must be evaluated under 10 CFR 72.212 consistent with the
revisions in CoC No. 1032, Amendment No. 0, Revision 1, this change in
the evaluation method and criteria constitutes a change in a procedure
required to operate an independent spent fuel storage installation
(ISFSI) and, therefore, would constitute backfitting under 10 CFR
72.62(a)(2). However, in this instance, the general licensee
voluntarily indicated their willingness to comply with the revised CoC,
as long as the general licensee is provided adequate time to implement
the revised CoC (ADAMS Accession No. ML15222A173). This direct final
rule accommodates that request by providing an effective date for the
final rule to April 25, 2016. Therefore, although the general licensee
is an entity protected from backfitting, this request represents a
voluntary change and is not backfitting for the general licensee.
In addition, the changes in CoC No. 1032, Amendment No. 0, Revision
1, do not apply to casks which were manufactured to other amendments of
CoC No. 1032, and therefore, have no effect on current ISFSI licensees
using casks which were manufactured to other amendments of CoC No.
1032. For these reasons, approval of CoC No. 1032, Amendment No. 0,
Revision 1, does not constitute backfitting for users of the HI-STORM
FW MPC Storage System which were manufactured to other amendments of
CoC No. 1032, under 10 CFR 72.62, 10 CFR 50.109(a)(1), or the issue
finality provisions applicable to combined licenses in 10 CFR part 52.
Accordingly, no backfit analysis or additional documentation
addressing the issue finality criteria in 10 CFR part 52 has been
prepared by the NRC 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.
[[Page 58199]]
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Document ADAMS Accession No.
------------------------------------------------------------------------
Proposed CoC No. 1032, Amendment No. ML15124A631
0, Revision 1.
Appendix A of Proposed TSs........... ML15124A636
Appendix B of Proposed TS............ ML15124A642
Preliminary SER...................... ML15124A644
September 16, 2014, application...... ML14262A070
March 12, 2015, supplement to ML15071A472
application.
------------------------------------------------------------------------
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-2015-0134. 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-2015-0134); (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,
Hazardous waste, Indians, Intergovernmental relations, Manpower
training programs, Nuclear energy, 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 of 1954, 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, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance No. 1032 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1032.
Initial Certificate Effective Date: June 13, 2011, superseded by
Amendment Number 0, Revision 1, on April 25, 2016.
Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
Amendment Number 1 Effective Date: December 17, 2014, superseded by
Amendment Number 1, Revision 1, on June 2, 2015.
Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
SAR Submitted by: Holtec International, Inc.
SAR Title: Final Safety Analysis Report for the Holtec
International HI-STORM FW System.
Docket Number: 72-1032.
Certificate Expiration Date: June 12, 2031.
Model Number: HI-STORM FW MPC-37, MPC-89.
* * * * *
Dated at Rockville, Maryland, this 18th day of September, 2015.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting, Executive Director for Operations.
[FR Doc. 2015-24615 Filed 9-25-15; 8:45 am]
BILLING CODE 7590-01-P
