List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3, 29225-29229 [2017-13514]

Download as PDF 29225 Rules and Regulations Federal Register Vol. 82, No. 123 Wednesday, June 28, 2017 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. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2017–0089] RIN 3150–AK03 List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3 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 Flood/Wind (FW) Multipurpose Canister (MPC) Storage System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1032. Amendment No. 3 revises authorized contents to allow burnup credit for fuel types in the MPC–37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. DATES: This direct final rule is effective September 11, 2017, unless significant adverse comments are received by July 28, 2017. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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. rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2017–0089. 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. ADDRESSES: 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; email: Vanessa.Cox@nrc.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2017– 0089 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 http://www.regulations.gov and search for Docket ID NRC–2017–0089. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://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–2017– 0089 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 http:// 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 E:\FR\FM\28JNR1.SGM 28JNR1 29226 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations III. Background submissions available to the public or entering the comment into ADAMS. rmajette on DSK2TPTVN1PROD with RULES II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 3 to CoC No. 1032 and does not include other aspects of the Holtec HI–STORM FW MPC Storage System design. 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. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on September 11, 2017. However, if the NRC receives significant adverse comments on this direct final rule by July 28, 2017, 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; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or Technical Specifications (TSs). For detailed instructions on filing comments, please see the companion proposed rule published in the Proposed Rule section of this issue of the Federal Register. VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that ‘‘the Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the NWPA states, in part, that ‘‘[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule which added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled, ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on March 28, 2011 (76 FR 17019), that approved the Holtec HI–STORM FW MPC Storage System design 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 December 18, 2015, Holtec submitted a request to the NRC to amend CoC No. 1032. Holtec modified its request on April 22, 2016, and supplemented it on June 22, 2016, and August 22, 2016. The amendment revises authorized contents to allow burnup credit for fuel types in the MPC– 37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. As documented in the Preliminary Safety Evaluation Report (PSER), the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request. There are no significant changes to cask design requirements in the proposed CoC amendment. Considering the specific PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control in the event of an accident. If there is no loss of containment, shielding, or criticality control, the environmental impacts resulting from an accident would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 3 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the March 28, 2011, 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. This direct final rule revises the Holtec HI–STORM FW MPC Storage System listing in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1032. The amendment consists of the changes previously described, as set forth in the revised CoC and TSs. The revised TSs are identified in the PSER. The amended Holtec HI–STORM FW MPC Storage System design, when used under the conditions specified in the CoC, the TSs, and the NRC’s regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be ensured. When this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into Holtec HI–STORM FW MPC Storage System casks that meet the criteria of Amendment No. 3 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 listed in 10 CFR 72.214. This action does not constitute the establishment of a E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations 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 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, and a Category ‘‘NRC’’ does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the particular State’s administrative procedure laws. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and 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). rmajette on DSK2TPTVN1PROD 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 revise the Holtec HI–STORM FW MPC Storage System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 3 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 direct final 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 FW MPC Storage System design within the list of VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 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. 3 revises authorized contents to allow burnup credit for fuel types in the MPC–37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. 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. 3 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 System casks 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 cask would prevent loss of confinement, shielding, and criticality control. If there is no loss of confinement, shielding, or criticality control, the environmental impacts would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. 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. 3 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 29227 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 PSER for this amendment. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 3 and not issue 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 System casks in accordance with the changes described in proposed Amendment No. 3 would have to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, an interested 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. Therefore, the environmental impacts would be the same or less than the proposed action. E. Alternative Use of Resources Approval of Amendment No. 3 to CoC No. 1032 would result in no irreversible commitment of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, ‘‘List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM Flood/ Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3’’ 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 new or amended collections of information subject to the Paperwork E:\FR\FM\28JNR1.SGM 28JNR1 29228 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget (OMB), approval number 3150–0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec. 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 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec HI– STORM FW MPC Storage System design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. By letter dated December 18, 2015, Holtec submitted a request to the NRC to amend CoC No. 1032. Holtec modified its request on April 22, 2016, and supplemented it on June 22, 2016, and August 22, 2016, as described in Section IV, ‘‘Discussion of Changes,’’ of this document. The alternative to this action is to withhold approval of Amendment No. 3 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into Holtec HI–STORM FW MPC Storage System casks under the changes described in Amendment No. 3 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 PSER and the environmental assessment, this 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 this 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. 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. 3 revises authorized contents to allow burnup credit for fuel types in the MPC– 37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. Amendment No. 3 to CoC No. 1032 for the Holtec HI–STORM FW MPC Storage System was initiated by Holtec and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 3 applies only to new casks fabricated and used under Amendment No. 3. These changes do not affect existing users of the Holtec HI–STORM FW MPC Storage System, and the current Amendment No. 2 continues to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 3, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 3 to CoC No. 1032 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 NRC staff. XII. Backfitting and Issue Finality XIV. Availability of Documents The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, The documents identified in the following table are available to interested persons as indicated. XIII. Congressional Review Act The OMB has not found this to be a rule as defined in the Congressional Review Act. ADAMS Accession No. Document rmajette on DSK2TPTVN1PROD with RULES Holtec CoC No. 1032, Amendment No. 3—Amendment Request Letter dated December 18, 2015 ........................................ Holtec CoC No. 1032, Amendment No. 3—Modified Request Letter dated April 22, 2016 ....................................................... Holtec CoC No. 1032, Amendment No. 3—Response to RAI Regarding HI–STORM FW Amendment 3 dated June 22, 2016. Holtec CoC No. 1032, Amendment No. 3—Transmittal of Response to HI–STORM FW Amendment 3 Response to Second Request for Additional Information dated August 22, 2016. Proposed CoC No. 1032, Amendment No. 3 .............................................................................................................................. Proposed CoC No. 1032, Amendment No. 3—Appendix A ........................................................................................................ Proposed CoC No. 1032, Amendment No. 3—Technical Specifications, Appendix B ............................................................... CoC No. 1032, Amendment No. 3—Preliminary Safety Evaluation Report ................................................................................ The NRC may post materials related to this document, including public comments, on the Federal Rulemaking Web site at http://www.regulations.gov VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 under Docket ID NRC–2017–0089. The Federal Rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 ML15364A561 ML16113A398 ML16180A360 ML16236A243 ML16292A552 ML16292A580 ML16292A623 ML16292A650 subscribe: (1) Navigate to the docket folder (NRC–2017–0089); (2) click the ‘‘Sign up for Email Alerts’’ link; and (3) enter your email address and select how E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations 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 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. 2. In § 72.214, Certificate of Compliance 1032 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. rmajette on DSK2TPTVN1PROD with RULES * * * * * 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. VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 Amendment Number 2 Effective Date: November 7, 2016. Amendment Number 3 Effective Date: September 11, 2017. 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 14th day of June, 2017. For the Nuclear Regulatory Commission. Victor M. McCree, Executive Director for Operations. [FR Doc. 2017–13514 Filed 6–27–17; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA–2017–0585; Airspace Docket No. 17–ASO–13] Amendment of Multiple Restricted Areas; Townsend, GA Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action updates the using agency information for restricted areas R–3007A, R–3007B, R–3007C, and R– 3007D, Townsend, GA. This is an administrative change to reflect the current organization tasked with using agency responsibilities for the restricted areas. It does not affect the boundaries, designated altitudes, time of designation or activities conducted within the restricted areas. DATES: Effective date: 0901 UTC, October 12, 2017. FOR FURTHER INFORMATION CONTACT: Sean Hook, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: Authority for This Rulemaking 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 29229 Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it updates the using agency for restricted areas R–3007A, R–3007B, R–3007C, and R–3007D, Townsend, GA, to reflect the current organization responsible for the restricted areas. The Rule This rule amends title 14 Code of Federal Regulations (14 CFR) part 73 by updating the using agency name for restricted areas R–3007A, R–3007B, R– 3007C, and R–3007D, Townsend, GA, by removing the words ‘‘ANG, Savannah Combat Readiness Training Center, GA’’ and adding the words ‘‘USMC, Marine Corps Air Station Beaufort, SC.’’ The name change reflects the current organization assigned using agency responsibilities for the restricted areas. This is an administrative change that does not affect the boundaries, designated altitudes, or activities conducted within the restricted areas; therefore, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. Regulatory Notices and Analyses The FAA has determined that this action only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action of updating the using agency information for restricted areas R– 3007A, R–3007B, R–3007C, and R– 3007D, Townsend, GA qualifies for categorical exclusion under the National Environmental Policy Act in accordance E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Rules and Regulations]
[Pages 29225-29229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13514]



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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. 

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Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / 
Rules and Regulations

[[Page 29225]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2017-0089]
RIN 3150-AK03


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate 
of Compliance No. 1032, Amendment No. 3

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 Flood/Wind (FW) Multipurpose Canister (MPC) Storage 
System listing within the ``List of Approved Spent Fuel Storage Casks'' 
to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1032. 
Amendment No. 3 revises authorized contents to allow burnup credit for 
fuel types in the MPC-37 and revises CoC Condition 8, which has been 
previously incorporated in Amendment No. 2 to CoC No. 1032.

DATES: This direct final rule is effective September 11, 2017, unless 
significant adverse comments are received by July 28, 2017. 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:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0089. 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: Vanessa Cox, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-8342; email: 
Vanessa.Cox@nrc.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
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-2017-0089 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 http://www.regulations.gov and search for Docket ID NRC-2017-0089.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://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-2017-0089 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 http://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

[[Page 29226]]

submissions available to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

    This rule is limited to the changes contained in Amendment No. 3 to 
CoC No. 1032 and does not include other aspects of the Holtec HI-STORM 
FW MPC Storage System design. 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. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on September 11, 2017. However, if the NRC receives 
significant adverse comments on this direct final rule by July 28, 
2017, 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;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or Technical Specifications (TSs).
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rule section of this 
issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the Department of Energy] 
shall establish a demonstration program, in cooperation with the 
private sector, for the dry storage of spent nuclear fuel at civilian 
nuclear power reactor sites, with the objective of establishing one or 
more technologies that the [Nuclear Regulatory] Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the NWPA 
states, in part, that ``[the Commission] shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 219(a) [sic: 218(a)] for use at the site of 
any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule which added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled, ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
March 28, 2011 (76 FR 17019), that approved the Holtec HI-STORM FW MPC 
Storage System design 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 December 18, 2015, Holtec submitted a request to 
the NRC to amend CoC No. 1032. Holtec modified its request on April 22, 
2016, and supplemented it on June 22, 2016, and August 22, 2016. The 
amendment revises authorized contents to allow burnup credit for fuel 
types in the MPC-37 and revises CoC Condition 8, which has been 
previously incorporated in Amendment No. 2 to CoC No. 1032.
    As documented in the Preliminary Safety Evaluation Report (PSER), 
the NRC staff performed a detailed safety evaluation of the proposed 
CoC amendment request. There are no significant changes to cask design 
requirements in the proposed CoC amendment. Considering the specific 
design requirements for each accident condition, the design of the cask 
would prevent loss of containment, shielding, and criticality control 
in the event of an accident. If there is no loss of containment, 
shielding, or criticality control, the environmental impacts resulting 
from an accident would be insignificant. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 3 would remain well within the 
10 CFR part 20 limits. Therefore, the proposed CoC changes will not 
result in any radiological or non-radiological environmental impacts 
that significantly differ from the environmental impacts evaluated in 
the environmental assessment supporting the March 28, 2011, 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.
    This direct final rule revises the Holtec HI-STORM FW MPC Storage 
System listing in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 
1032. The amendment consists of the changes previously described, as 
set forth in the revised CoC and TSs. The revised TSs are identified in 
the PSER.
    The amended Holtec HI-STORM FW MPC Storage System design, when used 
under the conditions specified in the CoC, the TSs, and the NRC's 
regulations, will meet the requirements of 10 CFR part 72; therefore, 
adequate protection of public health and safety will continue to be 
ensured. When this direct final rule becomes effective, persons who 
hold a general license under 10 CFR 72.210 may load spent nuclear fuel 
into Holtec HI-STORM FW MPC Storage System casks that meet the criteria 
of Amendment No. 3 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 listed in 10 CFR 
72.214. This action does not constitute the establishment of a

[[Page 29227]]

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 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, and a 
Category ``NRC'' does not confer regulatory authority on the State, the 
State may wish to inform its licensees of certain requirements by means 
consistent with the particular State's administrative procedure laws.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and 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. 3 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 direct final 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 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. 3 
revises authorized contents to allow burnup credit for fuel types in 
the MPC-37 and revises CoC Condition 8, which has been previously 
incorporated in Amendment No. 2 to CoC No. 1032.

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. 3 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 System casks 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 cask would prevent loss of confinement, 
shielding, and criticality control. If there is no loss of confinement, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. 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. 3 would remain well within the 10 CFR 
part 20 limits. Therefore, the proposed CoC changes will not result in 
any radiological or non-radiological environmental impacts that 
significantly differ from the environmental impacts evaluated in the 
environmental assessment supporting the July 18, 1990, final rule. 
There will be no significant change in the types or 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 PSER for this amendment.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
3 and not issue 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 System casks in accordance with the changes 
described in proposed Amendment No. 3 would have to request an 
exemption from the requirements of 10 CFR 72.212 and 72.214. Under this 
alternative, an interested 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. 
Therefore, the environmental impacts would be the same or less than the 
proposed action.

E. Alternative Use of Resources

    Approval of Amendment No. 3 to CoC No. 1032 would result in no 
irreversible commitment of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51. Based on the foregoing 
environmental assessment, the NRC concludes that this direct final rule 
entitled, ``List of Approved Spent Fuel Storage Casks: Holtec 
International HI-STORM Flood/Wind Multipurpose Canister Storage System, 
Certificate of Compliance No. 1032, Amendment No. 3'' 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 new or amended 
collections of information subject to the Paperwork

[[Page 29228]]

Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of 
information were approved by the Office of Management and Budget (OMB), 
approval number 3150-0132.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final rule will not, if issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects only nuclear power plant licensees and 
Holtec. 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 28, 2011 (76 FR 17019), 
the NRC issued an amendment to 10 CFR part 72 that approved the Holtec 
HI-STORM FW MPC Storage System design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214.
    By letter dated December 18, 2015, Holtec submitted a request to 
the NRC to amend CoC No. 1032. Holtec modified its request on April 22, 
2016, and supplemented it on June 22, 2016, and August 22, 2016, as 
described in Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 3 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into Holtec HI-STORM FW MPC Storage System 
casks under the changes described in Amendment No. 3 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 PSER and the environmental 
assessment, this 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 this 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. 3 
revises authorized contents to allow burnup credit for fuel types in 
the MPC-37 and revises CoC Condition 8, which has been previously 
incorporated in Amendment No. 2 to CoC No. 1032.
    Amendment No. 3 to CoC No. 1032 for the Holtec HI-STORM FW MPC 
Storage System was initiated by Holtec and was not submitted in 
response to new NRC requirements, or an NRC request for amendment. 
Amendment No. 3 applies only to new casks fabricated and used under 
Amendment No. 3. These changes do not affect existing users of the 
Holtec HI-STORM FW MPC Storage System, and the current Amendment No. 2 
continues to be effective for existing users. While current CoC users 
may comply with the new requirements in Amendment No. 3, this would be 
a voluntary decision on the part of current users. For these reasons, 
Amendment No. 3 to CoC No. 1032 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 NRC staff.

XIII. Congressional Review Act

    The OMB has not found this to be a rule as defined in the 
Congressional Review Act.

XIV. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

------------------------------------------------------------------------
                  Document                       ADAMS  Accession No.
------------------------------------------------------------------------
Holtec CoC No. 1032, Amendment No. 3--        ML15364A561
 Amendment Request Letter dated December 18,
 2015.
Holtec CoC No. 1032, Amendment No. 3--        ML16113A398
 Modified Request Letter dated April 22,
 2016.
Holtec CoC No. 1032, Amendment No. 3--        ML16180A360
 Response to RAI Regarding HI-STORM FW
 Amendment 3 dated June 22, 2016.
Holtec CoC No. 1032, Amendment No. 3--        ML16236A243
 Transmittal of Response to HI-STORM FW
 Amendment 3 Response to Second Request for
 Additional Information dated August 22,
 2016.
Proposed CoC No. 1032, Amendment No. 3......  ML16292A552
Proposed CoC No. 1032, Amendment No. 3--      ML16292A580
 Appendix A.
Proposed CoC No. 1032, Amendment No. 3--      ML16292A623
 Technical Specifications, Appendix B.
CoC No. 1032, Amendment No. 3--Preliminary    ML16292A650
 Safety Evaluation Report.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2017-0089. 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-2017-0089); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how

[[Page 29229]]

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 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.
    Amendment Number 2 Effective Date: November 7, 2016.
    Amendment Number 3 Effective Date: September 11, 2017.
    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 14th day of June, 2017.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017-13514 Filed 6-27-17; 8:45 am]
BILLING CODE 7590-01-P