List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 13, 6055-6059 [2019-02886]
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Federal Register / Vol. 84, No. 38 / Tuesday, February 26, 2019 / Rules and Regulations
TABLE 1 TO § 2634.703
Date of violation
NUCLEAR REGULATORY
COMMISSION
Penalty
10 CFR Part 72
Violation occurring between Sept.
29, 1999 and Nov. 2, 2015 .......
Violation occurring after Nov. 2,
2015 ..........................................
$11,000
20,134
(b) This remedy shall be in addition
to any other remedy available under
statutory or common law.
PART 2636—LIMITATIONS ON
OUTSIDE EARNED INCOME,
EMPLOYMENT AND AFFILIATIONS
FOR CERTAIN NONCAREER
EMPLOYEES
[NRC–2019–0030]
RIN 3150–AK28
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Amendment No.
13
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
■ 5. The authority citation for part 2636
spent fuel storage regulations by
continues to read as follows:
revising the Holtec International HI–
STORM 100 Cask System listing within
Authority: 5 U.S.C. App. (Ethics in
the ‘‘List of approved spent fuel storage
Government Act of 1978); Pub. L. 101–410,
104 Stat. 890, 28 U.S.C. 2461 note (Federal
casks’’ to include Amendment No. 13 to
Civil Penalties Inflation Adjustment Act of
Certificate of Compliance No. 1014.
1990), as amended by Sec. 31001, Pub. L.
Amendment No. 13 revises Appendix B
104–134, 110 Stat. 1321 (Debt Collection
of the technical specifications to update
Improvement Act of 1996) and Sec. 701, Pub.
the initial uranium weight for the
L. 114–74 (Federal Civil Penalties Inflation
16x16B and 16x16C assembly classes to
Adjustment Act Improvements Act of 2015);
E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., match the value for 16x16A.
DATES: This direct final rule is effective
p. 215, as modified by E.O. 12731, 55 FR
42547, 3 CFR, 1990 Comp., p. 306.
May 13, 2019, unless significant adverse
comments are received by March 28,
■ 6. Section 2636.104 is amended by
2019. If this direct final rule is
revising paragraph (a) to read as follows: withdrawn as a result of such
comments, timely notice of the
§ 2636.104 Civil, disciplinary and other
withdrawal will be published in the
action.
Federal Register. Comments received
(a) Civil action. Except when the
after this date will be considered if it is
employee engages in conduct in good
practical to do so, but the NRC is able
faith reliance upon an advisory opinion to ensure consideration only for
issued under § 2636.103, an employee
comments received on or before this
who engages in any conduct in violation date. Comments received on this direct
of the prohibitions, limitations and
final rule will also be considered to be
restrictions contained in this part may
comments on a companion proposed
be subject to civil action under 5 U.S.C.
rule published in the Proposed Rules
app. 504(a) and a civil monetary penalty section of this issue of the Federal
of not more than the amounts set in
Register.
Table 1 to this section, as adjusted in
ADDRESSES: You may submit comments
accordance with the inflation
adjustment procedures prescribed in the by any of the following methods:
• Federal Rulemaking website: Go to
Federal Civil Penalties Inflation
https://www.regulations.gov and search
Adjustment Act of 1990, as amended, or
for Docket ID NRC–2019–0030. Address
the amount of the compensation the
questions about NRC dockets to Carol
individual received for the prohibited
Gallagher; telephone: 301–415–3463;
conduct, whichever is greater.
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
TABLE 1 TO § 2636.104
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
Date of violation
Penalty
document.
• Email comments to:
Violation occurring between Sept.
29, 1999 and Nov. 2, 2015 .......
$11,000 Rulemaking.Comments@nrc.gov. If you
Violation occurring after Nov. 2,
do not receive an automatic email reply
2015 ..........................................
20,134 confirming receipt, then contact us at
301–415–1677.
*
*
*
*
*
• Fax comments to: Secretary, U.S.
[FR Doc. 2019–03288 Filed 2–25–19; 8:45 am]
Nuclear Regulatory Commission at 301–
BILLING CODE 6345–03–P
415–1101.
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SUMMARY:
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• 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:
Christian Jacobs, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6825; email:
Christian.Jacobs@nrc.gov or Gregory R.
Trussell, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–6244; email: Gregory.Trussell@
nrc.gov. Both are staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
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–2019–
0030 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0030.
• 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
‘‘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–
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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–2019–
0030 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
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. Rulemaking Procedure
This direct final rule is limited to the
changes contained in Amendment No.
13 to Certificate of Compliance No. 1014
and does not include other aspects of
the HI–STORM 100 Cask 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 certificate
of compliance 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 May 13, 2019.
However, if the NRC receives significant
adverse comments on this direct final
rule by March 28, 2019, 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 Rules 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.
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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, Certificate of Compliance, or
technical specifications.
For detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rules section of this issue of
the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended,
requires that ‘‘[t]he 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
Nuclear Waste Policy Act 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
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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 May
1, 2000 (65 FR 25241), that approved the
HI–STORM 100 Cask System design and
added it to the list of NRC-approved
cask designs in 10 CFR 72.214 as
Certificate of Compliance No. 1014.
IV. Discussion of Changes
On November 19, 2018, Holtec
International submitted a request to the
NRC to amend Certificate of Compliance
No. 1014 by adding Amendment No. 13.
Amendment 13 revises Table 2.1–2:
Pressurized Water Reactor (PWR) Fuel
Assembly Characteristics of Appendix B
of the technical specifications to update
the initial uranium weight for the
16x16B and 16x16C assembly classes to
match the value for 16x16A.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety review of the
proposed Certificate of Compliance
amendment request. Based on its
review, the staff determined that there is
reasonable assurance that: (1) The
activities authorized by the amended
certificate can be conducted without
endangering the health and safety of the
public, and (2) these activities will be
conducted in compliance with the
applicable regulations of 10 CFR part
72. There are no significant changes to
cask design requirements in the
proposed 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. The 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. 13
would remain well within the 10 CFR
part 20 limits. There will be no
significant change in the types or
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 International HI–STORM 100
Cask System listing in 10 CFR 72.214 by
adding Amendment No. 13 to Certificate
of Compliance No. 1014. This
amendment consists of the changes
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previously described, as set forth in the
revised certificate of compliance and
technical specifications. The revised
technical specifications are identified in
the preliminary safety evaluation report.
The amended Holtec International
HI–STORM 100 Cask System design,
when used under the conditions
specified in the Certificate of
Compliance, technical specifications,
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 HI–
STORM 100 Cask System casks that
meet the criteria of Amendment No. 13
to Certificate of Compliance No. 1014
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 International
HI–STORM 100 Cask System design
listed in 10 CFR 72.214, ‘‘List of
approved spent fuel storage casks.’’ This
action does not constitute the
establishment of a standard that
contains generally applicable
requirements.
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 31885).
VIII. Environmental Assessment and
Finding of No Significant Impact
A. The Action
The action is to amend 10 CFR 72.214
to revise the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 13 to
Certificate of Compliance No. 1014.
Amendment No. 13 revises Table 2.1–2:
PWR Fuel Assembly Characteristics of
Appendix B of the technical
specifications to update the initial
uranium weight for the 16x16B and
16x16C assembly classes to match the
value for 16x16A.
VI. Agreement State Compatibility
B. The Need for the Action
This direct final rule adds an
amended Certificate of Compliance for
the Holtec International HI–STORM 100
Cask System design to 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. 13 revises Table 2.1–2:
PWR Fuel Assembly Characteristics of
Appendix B of the technical
specifications to update the initial
uranium weight for the 16x16B and
16x16C assembly classes to match the
value for 16x16A.
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 the 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.
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
Amendment No. 13 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 of 1969, as
amended.
The Holtec International HI–STORM
100 Cask System is designed to mitigate
the effects of design basis accidents that
could occur during storage. Design basis
accidents account for human-induced
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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 in the event of an
accident. If there is no loss of
confinement, 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.
Because there are no significant
design or process changes, any resulting
occupational exposure or offsite dose
rates from the implementation of
Amendment No. 13 would remain well
within the 10 CFR part 20 limits.
Therefore, the proposed changes will
not result in any radiological or nonradiological 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 staff documented its
safety findings in the preliminary safety
evaluation report.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 13
and end the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into the Holtec
International HI–STORM 100 Cask
System and utilize the technical
specifications in accordance with the
changes described in proposed
Amendment No. 13, 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
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each licensee. Therefore, the
environmental impacts would be the
same, or more likely greater than, the
proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 13 to
Certificate of Compliance No. 1014
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 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.’’ 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 100 Cask System, Certificate of
Compliance No. 1014, Amendment No.
13,’’ 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
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
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 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 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
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plant licensees and Holtec International.
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).
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.
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
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 Certificate of
Compliance, and the conditions of the
general license are met. A list of NRCapproved cask designs is contained in
10 CFR 72.214. On May 1, 2000 (65 FR
25241), the NRC issued an amendment
to 10 CFR part 72 that approved the HISTORM 100 Cask System design by
adding it to the list of NRC-approved
cask designs in 10 CFR 72.214.
On November 19, 2018, Holtec
International submitted a request to the
NRC to amend Certificate of Compliance
No. 1014 by adding Amendment No. 13.
Holtec International submitted this
application to amend the Holtec
International HI-STORM 100 Cask
System as described in Section IV,
‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment No.
13 and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the Holtec
International HI-STORM 100 Cask
System under the changes described in
Amendment No. 13 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
preliminary safety evaluation report and
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
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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 Certificate of
Compliance No. 1014 for the Holtec
International HI-STORM 100 Cask
System, as currently listed in 10 CFR
72.214, ‘‘List of approved spent fuel
storage casks.’’ The revision requests
changes to Table 2.1–2: PWR Fuel
Assembly Characteristics of Appendix B
of the technical specifications to update
the initial uranium weight for the
16x16B and 16x16C assembly classes to
match the value for 16x16A.
Amendment No. 13 to Certificate of
Compliance No. 1014 for the Holtec
International HI-STORM 100 Cask
System was initiated by Holtec
International and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Amendment No. 13 applies only to new
casks fabricated and used under
Amendment No. 13. These changes do
not affect existing users of the Holtec
International HI-STORM 100 Cask
System, and the current Amendment
No. 12 continues to be effective for
existing users. While current users of
this storage system may comply with
the new requirements in Amendment
No. 13, this would be a voluntary
decision on the part of current users.
For these reasons, Amendment No. 13
to Certificate of Compliance No. 1014
does not constitute backfitting under 10
CFR 72.62 or 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, the NRC staff
has not prepared a backfit analysis for
this rulemaking.
XIII. Congressional Review Act
This direct final rule is not 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 through one or more
of the following methods, as indicated.
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ADAMS Accession No./
Web link/Federal
Register Citation
Document
Letter from Holtec International dated November 19, 2018, Submitting Request for Amendment No. 13 to Certificate of Compliance No. 1014 .............................................................................................................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Certificate of Compliance for Spent Fuel
Storage Casks ........................................................................................................................................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix A ...........
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix B ...........
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix A–100U
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical Specifications, Appendix B–100U
Certificate of Compliance No. 1014 Amendment No. 13, Preliminary Safety Evaluation Report ............................
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2019–0030. The
Federal Rulemaking website allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2019–0030); (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, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures,
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,
VerDate Sep<11>2014
15:57 Feb 25, 2019
Jkt 247001
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance 1014 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000.
Amendment Number 1 Effective Date:
July 15, 2002.
Amendment Number 2 Effective Date:
June 7, 2005.
Amendment Number 3 Effective Date:
May 29, 2007.
Amendment Number 4 Effective Date:
January 8, 2008.
Amendment Number 5 Effective Date:
July 14, 2008.
Amendment Number 6 Effective Date:
August 17, 2009.
Amendment Number 7 Effective Date:
December 28, 2009.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
ML12213A170); superseded by
Amendment 8, Revision 1 Effective
Date: February 16, 2016.
Amendment Number 8, Revision 1
Effective Date: February 16, 2016.
Amendment Number 9 Effective Date:
March 11, 2014, superseded by
Amendment Number 9, Revision 1, on
March 21, 2016.
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016, as
corrected (ADAMS Accession No.
ML17236A451).
Amendment Number 10 Effective
Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
Amendment Number 11 Effective
Date: February 25, 2019.
Amendment Number 12 Effective
Date: February 25, 2019.
Amendment Number 13 Effective
Date: May 13, 2019.
Safety Analysis Report (SAR)
Submitted by: Holtec International.
SAR Title: Final Safety Analysis
Report for the HI-STORM 100 Cask
System.
PO 00000
Frm 00007
6059
Fmt 4700
Sfmt 4700
ML18325A154
ML18351A173
ML18351A174
ML18351A175
ML18351A176
ML18351A177
ML18351A178
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Model Number: HI-STORM 100.
*
*
*
*
*
Dated at Rockville, Maryland, this 14th day
of February, 2019.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2019–02886 Filed 2–25–19; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0643; Product
Identifier 2018–NM–084–AD; Amendment
39–19572; AD 2019–03–20]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 7X
airplanes. This AD was prompted by a
determination that new and more
restrictive maintenance requirements
and airworthiness limitations are
necessary. This AD requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
new and more restrictive maintenance
requirements and airworthiness
limitations for airplane structures and
systems. We are issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective April 2,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 2, 2019.
SUMMARY:
E:\FR\FM\26FER1.SGM
26FER1
]]>Agencies
[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Rules and Regulations]
[Pages 6055-6059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02886]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0030]
RIN 3150-AK28
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 13
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 HI-
STORM 100 Cask System listing within the ``List of approved spent fuel
storage casks'' to include Amendment No. 13 to Certificate of
Compliance No. 1014. Amendment No. 13 revises Appendix B of the
technical specifications to update the initial uranium weight for the
16x16B and 16x16C assembly classes to match the value for 16x16A.
DATES: This direct final rule is effective May 13, 2019, unless
significant adverse comments are received by March 28, 2019. If this
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 NRC 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0030. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions contact
the individuals 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: Christian Jacobs, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6825; email:
Christian.Jacobs@nrc.gov or Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6244; email:
Gregory.Trussell@nrc.gov. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
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-2019-0030 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0030.
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 ``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-
[[Page 6056]]
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-2019-0030 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 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. Rulemaking Procedure
This direct final rule is limited to the changes contained in
Amendment No. 13 to Certificate of Compliance No. 1014 and does not
include other aspects of the HI-STORM 100 Cask 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
certificate of compliance 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 May 13,
2019. However, if the NRC receives significant adverse comments on this
direct final rule by March 28, 2019, 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 Rules 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, Certificate of Compliance, or technical
specifications.
For detailed instructions on filing comments, please see the
companion proposed rule published in the Proposed Rules section of this
issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
requires that ``[t]he 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 Nuclear
Waste Policy Act 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
May 1, 2000 (65 FR 25241), that approved the HI-STORM 100 Cask System
design and added it to the list of NRC-approved cask designs in 10 CFR
72.214 as Certificate of Compliance No. 1014.
IV. Discussion of Changes
On November 19, 2018, Holtec International submitted a request to
the NRC to amend Certificate of Compliance No. 1014 by adding Amendment
No. 13. Amendment 13 revises Table 2.1-2: Pressurized Water Reactor
(PWR) Fuel Assembly Characteristics of Appendix B of the technical
specifications to update the initial uranium weight for the 16x16B and
16x16C assembly classes to match the value for 16x16A.
As documented in the preliminary safety evaluation report, the NRC
performed a safety review of the proposed Certificate of Compliance
amendment request. Based on its review, the staff determined that there
is reasonable assurance that: (1) The activities authorized by the
amended certificate can be conducted without endangering the health and
safety of the public, and (2) these activities will be conducted in
compliance with the applicable regulations of 10 CFR part 72. There are
no significant changes to cask design requirements in the proposed
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. The 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.
13 would remain well within the 10 CFR part 20 limits. There will be no
significant change in the types or 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 International HI-STORM
100 Cask System listing in 10 CFR 72.214 by adding Amendment No. 13 to
Certificate of Compliance No. 1014. This amendment consists of the
changes
[[Page 6057]]
previously described, as set forth in the revised certificate of
compliance and technical specifications. The revised technical
specifications are identified in the preliminary safety evaluation
report.
The amended Holtec International HI-STORM 100 Cask System design,
when used under the conditions specified in the Certificate of
Compliance, technical specifications, 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 HI-STORM 100 Cask
System casks that meet the criteria of Amendment No. 13 to Certificate
of Compliance No. 1014 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 International HI-STORM 100 Cask System design listed in 10
CFR 72.214, ``List of approved spent fuel storage casks.'' This action
does not constitute the establishment of a standard that contains
generally applicable requirements.
VI. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this 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 the
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
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
A. The Action
The action is to amend 10 CFR 72.214 to revise the Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 13 to
Certificate of Compliance No. 1014. Amendment No. 13 revises Table 2.1-
2: PWR Fuel Assembly Characteristics of Appendix B of the technical
specifications to update the initial uranium weight for the 16x16B and
16x16C assembly classes to match the value for 16x16A.
B. The Need for the Action
This direct final rule adds an amended Certificate of Compliance
for the Holtec International HI-STORM 100 Cask System design to 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. 13 revises Table 2.1-2: PWR Fuel Assembly
Characteristics of Appendix B of the technical specifications to update
the initial uranium weight for the 16x16B and 16x16C assembly classes
to match the value for 16x16A.
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 Amendment No. 13 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 of 1969, as amended.
The Holtec International HI-STORM 100 Cask System is 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 in the event of an accident. If
there is no loss of confinement, 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.
Because there are no significant design or process changes, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 13 would remain well within the 10 CFR
part 20 limits. Therefore, the proposed 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 staff documented its safety findings in the preliminary
safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
13 and end the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the Holtec
International HI-STORM 100 Cask System and utilize the technical
specifications in accordance with the changes described in proposed
Amendment No. 13, 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
[[Page 6058]]
each licensee. Therefore, the environmental impacts would be the same,
or more likely greater than, the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 13 to Certificate of Compliance No. 1014
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 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.'' 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 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 13,'' 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 Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, 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
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 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 International. 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 Certificate of
Compliance, and the conditions of the general license are met. A list
of NRC-approved cask designs is contained in 10 CFR 72.214. On May 1,
2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72 that
approved the HI-STORM 100 Cask System design by adding it to the list
of NRC-approved cask designs in 10 CFR 72.214.
On November 19, 2018, Holtec International submitted a request to
the NRC to amend Certificate of Compliance No. 1014 by adding Amendment
No. 13. Holtec International submitted this application to amend the
Holtec International HI-STORM 100 Cask System as described in Section
IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 13 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the Holtec International HI-STORM 100 Cask
System under the changes described in Amendment No. 13 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 preliminary safety evaluation
report and 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 Certificate of Compliance
No. 1014 for the Holtec International HI-STORM 100 Cask System, as
currently listed in 10 CFR 72.214, ``List of approved spent fuel
storage casks.'' The revision requests changes to Table 2.1-2: PWR Fuel
Assembly Characteristics of Appendix B of the technical specifications
to update the initial uranium weight for the 16x16B and 16x16C assembly
classes to match the value for 16x16A.
Amendment No. 13 to Certificate of Compliance No. 1014 for the
Holtec International HI-STORM 100 Cask System was initiated by Holtec
International and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 13 applies
only to new casks fabricated and used under Amendment No. 13. These
changes do not affect existing users of the Holtec International HI-
STORM 100 Cask System, and the current Amendment No. 12 continues to be
effective for existing users. While current users of this storage
system may comply with the new requirements in Amendment No. 13, this
would be a voluntary decision on the part of current users.
For these reasons, Amendment No. 13 to Certificate of Compliance
No. 1014 does not constitute backfitting under 10 CFR 72.62 or 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, the NRC staff has not prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not 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 through one or more of the following methods, as
indicated.
[[Page 6059]]
----------------------------------------------------------------------------------------------------------------
ADAMS Accession No./ Web link/
Document Federal Register Citation
----------------------------------------------------------------------------------------------------------------
Letter from Holtec International dated November 19, 2018, Submitting Request for ML18325A154
Amendment No. 13 to Certificate of Compliance No. 1014..........................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Certificate of ML18351A173
Compliance for Spent Fuel Storage Casks.........................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical ML18351A174
Specifications, Appendix A......................................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical ML18351A175
Specifications, Appendix B......................................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical ML18351A176
Specifications, Appendix A-100U.................................................
Proposed Certificate of Compliance No. 1014 Amendment No. 13, Technical ML18351A177
Specifications, Appendix B-100U.................................................
Certificate of Compliance No. 1014 Amendment No. 13, Preliminary Safety ML18351A178
Evaluation Report...............................................................
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The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2019-0030. The Federal
Rulemaking website allows you to receive alerts when changes or
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List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, 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 1014 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by
Amendment 8, Revision 1 Effective Date: February 16, 2016.
Amendment Number 8, Revision 1 Effective Date: February 16, 2016.
Amendment Number 9 Effective Date: March 11, 2014, superseded by
Amendment Number 9, Revision 1, on March 21, 2016.
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as
corrected (ADAMS Accession No. ML17236A451).
Amendment Number 10 Effective Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
Amendment Number 11 Effective Date: February 25, 2019.
Amendment Number 12 Effective Date: February 25, 2019.
Amendment Number 13 Effective Date: May 13, 2019.
Safety Analysis Report (SAR) Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Model Number: HI-STORM 100.
* * * * *
Dated at Rockville, Maryland, this 14th day of February, 2019.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2019-02886 Filed 2-25-19; 8:45 am]
BILLING CODE 7590-01-P
