List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 2, 78021-78022 [2016-26775]

Download as PDF 78021 Rules and Regulations Federal Register Vol. 81, No. 215 Monday, November 7, 2016 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. Revision of Regulations Governing Freedom of Information Act Requests and Appeals, and Revision of Touhy Regulations Governing Release of Information in Response to Legal Proceedings; Correction U.S. Office of Special Counsel. Final rule; correction. This document corrects the Overview of Comments Received section to a final rule published in the Federal Register as of October 24, 2016, regarding Revision of Regulations Governing Freedom of Information Act Requests and Appeals, and Revision of Touhy Regulations Governing Release of Information in Response to Legal Proceedings. This correction addresses the final paragraph of Section II, Overview of Comments Received, which should be disregarded or removed. SUMMARY: Effective November 7, 2016. FOR FURTHER INFORMATION CONTACT: Amy Beckett, Senior Litigation Counsel, U.S. Office of Special Counsel, (202) 254–3657. In final rule FR Doc. 2016–23215, appearing on page 73015 in the issue of October 24, 2016, make the following correction in the Overview of Comments Received section of the final rule. On page 73016, in the second column, remove the last paragraph of the Comments Received section. ehiers on DSK5VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: Dated: October 31, 2016. Bruce Gipe, Chief Operating Officer. [FR Doc. 2016–26779 Filed 11–4–16; 8:45 am] BILLING CODE 7405–01–P VerDate Sep<11>2014 11:32 Nov 04, 2016 Jkt 241001 Nuclear Regulatory Commission. ACTION: Direct final rule; confirmation of effective date. AGENCY: 5 CFR Part 1820 DATES: [NRC–2016–0103] List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 2 OFFICE OF SPECIAL COUNSEL ACTION: 10 CFR Part 72 RIN 3150–AJ75 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. AGENCY: NUCLEAR REGULATORY COMMISSION The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of November 7, 2016, for the direct final rule that was published in the Federal Register on August 23, 2016. The direct final rule amended the NRC’s spent fuel storage regulations by revising the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 2 to Certificate of Compliance (CoC) No. 1032 for the Holtec International (Holtec) HI– STORM Flood/Wind (FW) Multipurpose Canister (MPC) Storage System. DATES: Effective Date: The effective date of November 7, 2016, for the direct final rule published August 23, 2016 (81 FR 57442), is confirmed. ADDRESSES: Please refer to Docket ID NRC–2016–0103 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–2016–0103. 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. • 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, SUMMARY: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION 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. FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 8342 or email: Vanessa.Cox@nrc.gov. SUPPLEMENTARY INFORMATION: On August 23, 2016 (81 FR 57442), the NRC published a direct final rule amending § 72.214 of title 10 of the Code of Federal Regulations (10 CFR) by revising the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 2 to CoC No. 1032 for the Holtec HI– STORM FW MPC Storage System. Amendment No. 2 adds new fuel types to the HI–STORM FW MPC Storage System, adds new criticality calculations, updates an existing fuel type description, includes changes previously incorporated in Amendment No. 0 to CoC No. 1032, Revision 1, and makes clarifying changes to a CoC condition. In the direct final rule, the NRC stated that if no significant adverse comments were received, the direct final rule would become effective on November 7, 2016. As described more fully in the direct final rule, 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. The NRC received two comments on the direct final rule (ADAMS Accession Nos. ML16252A336 and ML16271A024). As described below, the NRC determined that these were not significant adverse comments and did not make any changes to the direct final rule as a result of the public comments. One comment stated ‘‘good.’’ The NRC determined that this comment does not meet the criteria of significant and adverse because it does not explain why E:\FR\FM\07NOR1.SGM 07NOR1 78022 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations the rule is inappropriate. The other comment contained general statements and questions about dry cask storage systems manufactured by Holtec and used overseas, Independent Spent Fuel Storage Installations, and the infrastructure for the transportation of spent fuel. The NRC determined that this general comment about spent fuel storage and transportation is not within the scope of the direct final rule, which is limited to the specific changes contained in Amendment No. 2 to CoC No. 1032. Therefore, because no significant adverse comments were received, the direct final rule will become effective as scheduled. The final CoC, Technical Specifications, and Safety Evaluation Report can be viewed in ADAMS under Accession No. ML16280A008. Dated: November 1, 2016. For the Nuclear Regulatory Commission. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration. [FR Doc. 2016–26775 Filed 11–4–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I [NRC–2014–0221] NRC Enforcement Policy Nuclear Regulatory Commission. ACTION: Policy revision; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to its Enforcement Policy (Policy) to incorporate changes approved by the Commission. SUMMARY: This revision is effective on November 7, 2016. The NRC is not soliciting comments on this revision to its Policy at this time. ADDRESSES: Please refer to Docket ID NRC–2014–0221 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2014–0221. 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 ehiers on DSK5VPTVN1PROD with RULES DATES: VerDate Sep<11>2014 11:32 Nov 04, 2016 Jkt 241001 section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection 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. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • 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. The NRC maintains the Enforcement Policy on its Web site at https:// www.nrc.gov: under the heading ‘‘Popular Documents,’’ select ‘‘Enforcement Actions,’’ then under ‘‘Enforcement’’ in the left side column, select ‘‘Enforcement Policy.’’ The revised Enforcement Policy is available in ADAMS under Accession No. ML16271A446. FOR FURTHER INFORMATION CONTACT: Gerry Gulla, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–287–9143; email: Gerald.Gulla@ nrc.gov. SUPPLEMENTARY INFORMATION: INFORMATION CONTACT I. Background The mission of the NRC is to license and regulate the Nation’s civilian use of byproduct, source, and special nuclear material to ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment. The NRC supports this mission through its use of its Policy. Adequate protection is presumptively assured by compliance with the NRC’s regulations, and the Policy contains the basic procedures used to assess and disposition apparent violations of the NRC’s requirements. The NRC initially published the Policy in the Federal Register on October 7, 1980 (45 FR 66754). Since its initial publication, the Policy has been revised on a number of occasions to address changing requirements and lessons learned. The most recent Policy revision is dated August 1, 2016. That revision reflects the new maximum civil PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 penalty amount that the NRC can assess for a violation of the Atomic Energy Act of 1954, as amended (AEA), or any regulation or order issued under the AEA. This current revision to the Policy incorporates lessons learned along with miscellaneous clarifications and additions. These revisions include a rewrite of Section 6.13, ‘‘Information Security,’’ to incorporate a riskinformed approach for assessing the significance of information security violations; the implementation of the Construction Reactor Oversight Process (cROP); and miscellaneous revisions to: (1) The Glossary; (2) violation examples; and (3) Section 2.3.4, ‘‘Civil Penalty.’’ The NRC provided an opportunity for the public to comment on these Policy revisions in a document published in the Federal Register on October 9, 2014 (79 FR 61107). The Nuclear Energy Institute (NEI) was the only stakeholder that submitted comments (ADAMS Accession No. ML14364A020). II. Revisions to the Enforcement Policy 1. Construction Reactor Oversight Process (cROP) a. Table of Contents The NRC is revising the Table of Contents to incorporate the implementation of the cROP into the Policy. This requires a revision to the titles of Sections 2.2.3 and 2.2.4. In addition to the revision discussed below, there are also other miscellaneous cROP related reference revisions throughout the Policy. b. Section 2.2 ‘‘Assessment of Violations’’ Section 2.2 is modified to include the cROP, and remove the specificity which allows for the use of the significance determination process (SDP), not only for facilities under construction, but for independent spent fuel storage installations when an SDP is developed. Revision After a violation is identified, the NRC assesses its severity or significance (both actual and potential). Under traditional enforcement, the severity level (SL) assigned to the violation generally reflects the assessment of the significance of a violation. For most violations committed by power reactor licensees, the significance of a violation is assessed using the Reactor Oversight Process (ROP) or the Construction Reactor Oversight Process (cROP), as discussed below in Section 2.2.3, ‘‘Assessment of Violations Identified Under the ROP or cROP.’’ All other violations at power reactors or power E:\FR\FM\07NOR1.SGM 07NOR1

Agencies

[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Rules and Regulations]
[Pages 78021-78022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26775]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0103]
RIN 3150-AJ75


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 
2

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; confirmation of effective date.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the 
effective date of November 7, 2016, for the direct final rule that was 
published in the Federal Register on August 23, 2016. The direct final 
rule amended the NRC's spent fuel storage regulations by revising the 
``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 
2 to Certificate of Compliance (CoC) No. 1032 for the Holtec 
International (Holtec) HI-STORM Flood/Wind (FW) Multipurpose Canister 
(MPC) Storage System.

DATES: Effective Date: The effective date of November 7, 2016, for the 
direct final rule published August 23, 2016 (81 FR 57442), is 
confirmed.

ADDRESSES: Please refer to Docket ID NRC-2016-0103 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-2016-0103. 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.
     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. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION 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.

FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-8342 or email: 
Vanessa.Cox@nrc.gov.

SUPPLEMENTARY INFORMATION: On August 23, 2016 (81 FR 57442), the NRC 
published a direct final rule amending Sec.  72.214 of title 10 of the 
Code of Federal Regulations (10 CFR) by revising the ``List of approved 
spent fuel storage casks'' to include Amendment No. 2 to CoC No. 1032 
for the Holtec HI-STORM FW MPC Storage System. Amendment No. 2 adds new 
fuel types to the HI-STORM FW MPC Storage System, adds new criticality 
calculations, updates an existing fuel type description, includes 
changes previously incorporated in Amendment No. 0 to CoC No. 1032, 
Revision 1, and makes clarifying changes to a CoC condition. In the 
direct final rule, the NRC stated that if no significant adverse 
comments were received, the direct final rule would become effective on 
November 7, 2016. As described more fully in the direct final rule, 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.
    The NRC received two comments on the direct final rule (ADAMS 
Accession Nos. ML16252A336 and ML16271A024). As described below, the 
NRC determined that these were not significant adverse comments and did 
not make any changes to the direct final rule as a result of the public 
comments.
    One comment stated ``good.'' The NRC determined that this comment 
does not meet the criteria of significant and adverse because it does 
not explain why

[[Page 78022]]

the rule is inappropriate. The other comment contained general 
statements and questions about dry cask storage systems manufactured by 
Holtec and used overseas, Independent Spent Fuel Storage Installations, 
and the infrastructure for the transportation of spent fuel. The NRC 
determined that this general comment about spent fuel storage and 
transportation is not within the scope of the direct final rule, which 
is limited to the specific changes contained in Amendment No. 2 to CoC 
No. 1032. Therefore, because no significant adverse comments were 
received, the direct final rule will become effective as scheduled. The 
final CoC, Technical Specifications, and Safety Evaluation Report can 
be viewed in ADAMS under Accession No. ML16280A008.

    Dated: November 1, 2016.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2016-26775 Filed 11-4-16; 8:45 am]
BILLING CODE 7590-01-P
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