List of Approved Spent Fuel Storage Casks: Holtec International Storage, Transport and Repository (HI-STAR) 100 Storage System, Certificate of Compliance No. 1008, Amendment No. 3, 43669-43673 [2019-18107]

Download as PDF Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2019–0126] RIN 3150–AK35 List of Approved Spent Fuel Storage Casks: Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Certificate of Compliance No. 1008, Amendment No. 3 Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International Storage, Transport and Repository 100 Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 3 to Certificate of Compliance No. 1008. Amendment No. 3 revises the technical specifications to: Include multipurpose canister (MPC)-32 for storage of pressurized-water reactor spent fuel in the HI–STAR 100 Storage System; include the Metamic neutron absorber for MPC–32, MPC–24, and MPC–68; credit the soluble boron in criticality analyses for both MPC–32 and MPC–24; incorporate standard system features and ancillaries such as the forced helium dehydration; allow for horizontal storage of the casks; provide updated drawings; and revise the MPC design pressure for accident condition to 200 pounds per square inch gauge. Amendment No. 3 also makes other administrative changes to the technical specifications. DATES: This direct final rule is effective November 5, 2019, unless significant adverse comments are received by September 23, 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 If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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 VerDate Sep<11>2014 16:03 Aug 21, 2019 Jkt 247001 for Docket ID NRC–2019–0126. 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: Bernard H. White, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–6577; email: Bernard.White@nrc.gov or Solomon Sahle, Office of Nuclear Material Safety and Safeguards; telephone: 301–415– 3781; email: Solomon.Sahle@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– 0126 when contacting the NRC about the availability of information for this action. You may obtain publicly- PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 43669 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–2019–0126. • 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 Webbased 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–2019– 0126 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. 3 to Certificate of Compliance No. 1008 and does not include other aspects of the Holtec International Storage, Transport and Repository (HI–STAR) 100 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 certificate of compliance that is expected to be noncontroversial. E:\FR\FM\22AUR1.SGM 22AUR1 43670 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on November 5, 2019. However, if the NRC receives significant adverse comments on this direct final rule by September 23, 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-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC 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. (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 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 ‘‘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 VerDate Sep<11>2014 16:03 Aug 21, 2019 Jkt 247001 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 [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 that 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 September 3, 1999, that approved the HI–STAR 100 Storage System design and added it to the list of NRC-approved cask designs provided in § 72.214 as Certificate of Compliance No. 1008 (64 FR 48259). IV. Discussion of Changes On September 25, 2015, Holtec International submitted a request to the NRC to amend Certificate of Compliance No. 1008. Holtec International supplemented its request on January 15, 2016, April 29, 2016, December 15, 2017, July 2, 2018, and February 6, 2019. Amendment No. 3 revises the technical specifications to: (1) Include multipurpose canister (MPC)-32 for storage of pressurized-water reactor spent fuel in the Holtec International HI–STAR 100 Storage System; (2) include the Metamic neutron absorber for MPC–32, MPC–24, and MPC–68; (3) credit the soluble boron in criticality analyses for both MPC–32 and MPC–24; (4) incorporate standard system features and ancillaries such as the forced helium dehydration; (5) allow for horizontal storage of the casks; (6) provide updated drawings; (7) revise the MPC design pressure for accident condition to 200 pounds per square inch gauge; and (8) make other administrative changes to the technical specifications. This direct final rule revises the Holtec International HI– STAR 100 Storage System listing in § 72.214 by adding Amendment No. 3 to Certificate of Compliance No. 1008. The revised certificate of compliance and technical specifications are identified PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 and evaluated in the preliminary safety evaluation report. As documented in that preliminary safety evaluation report, the NRC performed a detailed safety evaluation of the proposed certificate of compliance amendment request. 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. 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 limits specified by 10 CFR part 20, ‘‘Standards for Protection Against Radiation.’’ 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. The amended Holtec International HI–STAR 100 Storage System cask design, when used under the conditions specified in the certificate of compliance, the 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 § 72.210 may, consistent with the license conditions under § 72.212, load spent nuclear fuel into those Holtec International HI–STAR 100 Storage System casks that meet the criteria of Amendment No. 3 to Certificate of Compliance No. 1008. 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–STAR 100 Storage System design listed in § 72.214. This action does not constitute the establishment of a standard that contains generally applicable requirements. E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations 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 chapter I. 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 Environmental Impact 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. A. The Action The action is to amend § 72.214 to revise the Holtec International HI–STAR 100 Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 3 to Certificate of Compliance No. 1008. B. The Need for the Action This direct final rule amends the certificate of compliance for the Holtec International HI–STAR 100 Storage System design within the list of approved spent fuel storage casks that VerDate Sep<11>2014 16:03 Aug 21, 2019 Jkt 247001 power reactor licensees can use to store spent fuel at reactor sites under a general license. Specifically, Amendment No. 3 updates the certificate of compliance to: (1) Include MPC–32 for storage of pressurized-water reactor spent fuel in the Holtec International HI–STAR 100 Storage System; (2) include the Metamic neutron absorber for MPC–32, MPC–24, and MPC–68; (3) credit the soluble boron in criticality analyses for both MPC–32 and MPC–24; (4) incorporate standard system features and ancillaries such as the forced helium dehydration; (5) allow for horizontal storage of the casks; (6) provide updated drawings; (7) revise the MPC design pressure for accident condition to 200 pounds per square inch gauge; and (8) make other administrative changes to the technical specifications. 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 off past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended. Holtec International HI–STAR 100 Storage Systems are designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, include tornado winds and tornadogenerated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other events. 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 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 43671 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. 3 would remain well within 10 CFR part 20 limits. Therefore, the proposed certificate of compliance 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 amounts of any effluent released, no significant increase in individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences of, radiological accidents. The NRC documented its safety findings in a preliminary safety evaluation report. 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 the Holtec International HI–STAR 100 Storage System in accordance with the changes described in Amendment No. 3 would have to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Therefore, the environmental impacts of the alternative action would be the same as, or more likely greater than, the preferred action. E. Alternative Use of Resources Approval of Amendment No. 3 to Certificate of Compliance No. 1008 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 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 E:\FR\FM\22AUR1.SGM 22AUR1 43672 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, ‘‘List of Approved Spent Fuel Storage Casks: Holtec International HI–STAR 100 Storage System, Certificate of Compliance No. 1008, 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 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 (§ 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 NRCapproved cask designs is contained in § 72.214. On September 3, 1999 (64 FR 48259), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec International HI–STAR 100 Storage System design by adding it to the list of NRC-approved cask designs in § 72.214. On September 25, 2015, and as supplemented on January 15, 2016, April 29, 2016, December 15, 2017, July 2, 2018, and February 6, 2019, Holtec International submitted an application to amend the Holtec International HI– STAR 100 Storage System as described in Section IV, ‘‘Discussion of Changes,’’ of this document. The alternative to this action is to withhold approval of Amendment No. 3 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI–STAR 100 Storage System under the changes described in Amendment No. 3 to request an exemption from the requirements of §§ 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 (§ 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. 1008 for the Holtec International HI–STAR 100 Storage System, as currently listed in § 72.214. The amendment consists of the changes to Amendment No. 3 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 3 to Certificate of Compliance No. 1008 for the Holtec International HI–STAR 100 Storage System was initiated by Holtec International 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 International HI–STAR 100 Storage System, and the current Amendment No. 2 continues to be effective for existing users. While current certificate of compliance 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 Certificate of Compliance No. 1008 does not constitute backfitting under § 72.62 or § 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 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. ADAMS Accession No. Document Holtec International, Submittal of Certificate of Compliance Amendment Request (1008–3), dated September 25, 2015 ........... Holtec International, Certificate of Compliance Amendment 1008–3—Summary of Proposed Changes, dated September 25, 2015. Holtec International, Certificate of Compliance Amendment 1008–3—Revision 4 of the HI–STAR Final Safety Analysis Report, dated September 25, 2015. Holtec International, Certificate of Compliance Amendment 1008–3—Final Safety Analysis Report on HI–STAR 100 MPC Storage System, dated September 25, 2015. Certificate of Compliance for Spent Fuel Storage Casks, NRC Form 561, dated September 25, 2015 ........................................ VerDate Sep<11>2014 16:03 Aug 21, 2019 Jkt 247001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\22AUR1.SGM 22AUR1 ML15280A182. ML15280A219. ML15280A220. ML15280A223. ML15280A224. Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Rules and Regulations ADAMS Accession No. Document Certificate of Compliance No. 1008, Appendix A, Technical Specifications for the HI–STAR 100 Cask System, Amendment 3, dated September 25, 2015. Certificate of Compliance No. 1008, Appendix B, Approved Contents and Design Features for the HI–STAR 100 Cask System, Amendment 3, dated September 25, 2015. Holtec International—Supplemental Information for HI–STAR 100 System, Amendment Request (1008–3), dated January 15, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 1—Request for Additional Information Responses on HI–STAR 100—Nonproprietary, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 3—HI–STAR 100 Certificate of Compliance Appendix A Request for Additional Information Markup, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 4—HI–STAR 100 Certificate of Compliance Appendix B Request for Additional Information Markup, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 5—Final Safety Analysis Report Changed Pages, dated April 29, 2016. Holtec International Submittal of Responses to NRC’s 2nd Round Requests for Additional Information for HI–STAR 100 Amendment Number 3, dated December 15, 2017. Holtec International—Submittal of Supplemental Changes for HI–STAR 100 License Amendment Request 1008–3, dated July 2, 2018. Holtec International—Supplemental Changes for HI–STAR 100 Amendment Request 1008–3, dated July 2, 2018 .................... Holtec International—HI–STAR 100 Amendment Request (1008–3), Removal of Preferential Fuel Loading Requirement from Certificate of Compliance, dated February 6, 2019. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 1: Proposed Certificate of Compliance No. 1008, Amendment No. 3. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 2: Proposed Technical Specifications Appendix A. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 3: Proposed Technical Specifications Appendix B. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 4: 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–2019–0126. 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–2019–0126); (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: VerDate Sep<11>2014 16:03 Aug 21, 2019 Jkt 247001 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 1008 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1008. PO 00000 Frm 00007 Fmt 4700 43673 Sfmt 4700 ML15280A225. ML15280A222. ML16041A041. ML16133A503. ML16133A509. ML16133A511. ML16133A512. ML16133A513. ML17360A162. ML18183A448. ML18183A449. ML19037A152. ML19137A303. ML19137A300. ML19137A301. ML19137A302. Initial Certificate Effective Date: October 4, 1999. Amendment Number 1 Effective Date: December 26, 2000. Amendment Number 2 Effective Date: May 29, 2001. Amendment Number 3 Effective Date: November 5, 2019. SAR Submitted by: Holtec International. SAR Title: Final Safety Analysis Report for the HI–STAR 100 Cask System. Docket Number: 72–1008. Certificate Expiration Date: October 4, 2019. Model Number: HI–STAR 100 (MPC– 24, MPC–32, MPC–68, MPC–68F). * * * * * Dated at Rockville, Maryland, this 9th day of August, 2019. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2019–18107 Filed 8–21–19; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43669-43673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18107]



[[Page 43669]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2019-0126]
RIN 3150-AK35


List of Approved Spent Fuel Storage Casks: Holtec International 
Storage, Transport and Repository (HI-STAR) 100 Storage System, 
Certificate of Compliance No. 1008, Amendment No. 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International 
Storage, Transport and Repository 100 Storage System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
3 to Certificate of Compliance No. 1008. Amendment No. 3 revises the 
technical specifications to: Include multipurpose canister (MPC)-32 for 
storage of pressurized-water reactor spent fuel in the HI-STAR 100 
Storage System; include the Metamic neutron absorber for MPC-32, MPC-
24, and MPC-68; credit the soluble boron in criticality analyses for 
both MPC-32 and MPC-24; incorporate standard system features and 
ancillaries such as the forced helium dehydration; allow for horizontal 
storage of the casks; provide updated drawings; and revise the MPC 
design pressure for accident condition to 200 pounds per square inch 
gauge. Amendment No. 3 also makes other administrative changes to the 
technical specifications.

DATES: This direct final rule is effective November 5, 2019, unless 
significant adverse comments are received by September 23, 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-2019-0126. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email Comments to: [email protected]. 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: Bernard H. White, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6577; email: 
[email protected] or Solomon Sahle, Office of Nuclear Material 
Safety and Safeguards; telephone: 301-415-3781; email: 
[email protected]. 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-2019-0126 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-2019-0126.
     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, 301-415-4737, or 
by email to [email protected]. 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-2019-0126 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. 3 to Certificate of Compliance No. 1008 and does not 
include other aspects of the Holtec International Storage, Transport 
and Repository (HI-STAR) 100 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 certificate of 
compliance that is expected to be noncontroversial.

[[Page 43670]]

Adequate protection of public health and safety continues to be 
ensured. The amendment to the rule will become effective on November 5, 
2019. However, if the NRC receives significant adverse comments on this 
direct final rule by September 23, 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 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.
    (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 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 ``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 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 [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 that 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 
September 3, 1999, that approved the HI-STAR 100 Storage System design 
and added it to the list of NRC-approved cask designs provided in Sec.  
72.214 as Certificate of Compliance No. 1008 (64 FR 48259).

IV. Discussion of Changes

    On September 25, 2015, Holtec International submitted a request to 
the NRC to amend Certificate of Compliance No. 1008. Holtec 
International supplemented its request on January 15, 2016, April 29, 
2016, December 15, 2017, July 2, 2018, and February 6, 2019. Amendment 
No. 3 revises the technical specifications to: (1) Include multipurpose 
canister (MPC)-32 for storage of pressurized-water reactor spent fuel 
in the Holtec International HI-STAR 100 Storage System; (2) include the 
Metamic neutron absorber for MPC-32, MPC-24, and MPC-68; (3) credit the 
soluble boron in criticality analyses for both MPC-32 and MPC-24; (4) 
incorporate standard system features and ancillaries such as the forced 
helium dehydration; (5) allow for horizontal storage of the casks; (6) 
provide updated drawings; (7) revise the MPC design pressure for 
accident condition to 200 pounds per square inch gauge; and (8) make 
other administrative changes to the technical specifications. This 
direct final rule revises the Holtec International HI-STAR 100 Storage 
System listing in Sec.  72.214 by adding Amendment No. 3 to Certificate 
of Compliance No. 1008. The revised certificate of compliance and 
technical specifications are identified and evaluated in the 
preliminary safety evaluation report.
    As documented in that preliminary safety evaluation report, the NRC 
performed a detailed safety evaluation of the proposed certificate of 
compliance amendment request. 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. 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 limits 
specified by 10 CFR part 20, ``Standards for Protection Against 
Radiation.'' 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.
    The amended Holtec International HI-STAR 100 Storage System cask 
design, when used under the conditions specified in the certificate of 
compliance, the 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 Sec.  72.210 may, consistent with the license 
conditions under Sec.  72.212, load spent nuclear fuel into those 
Holtec International HI-STAR 100 Storage System casks that meet the 
criteria of Amendment No. 3 to Certificate of Compliance No. 1008.

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-STAR 100 Storage System design listed in 
Sec.  72.214. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

[[Page 43671]]

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 chapter I. 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 
Environmental Impact

    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.

A. The Action

    The action is to amend Sec.  72.214 to revise the Holtec 
International HI-STAR 100 Storage System listing within the ``List of 
approved spent fuel storage casks'' to include Amendment No. 3 to 
Certificate of Compliance No. 1008.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
Holtec International HI-STAR 100 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 updates the certificate of compliance to: 
(1) Include MPC-32 for storage of pressurized-water reactor spent fuel 
in the Holtec International HI-STAR 100 Storage System; (2) include the 
Metamic neutron absorber for MPC-32, MPC-24, and MPC-68; (3) credit the 
soluble boron in criticality analyses for both MPC-32 and MPC-24; (4) 
incorporate standard system features and ancillaries such as the forced 
helium dehydration; (5) allow for horizontal storage of the casks; (6) 
provide updated drawings; (7) revise the MPC design pressure for 
accident condition to 200 pounds per square inch gauge; and (8) make 
other administrative changes to the technical specifications.

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 off 
past environmental assessments is a standard process under the National 
Environmental Policy Act of 1969, as amended.
    Holtec International HI-STAR 100 Storage Systems are designed to 
mitigate the effects of design basis accidents that could occur during 
storage. Design basis accidents account for human-induced events and 
the most severe natural phenomena reported for the site and surrounding 
area. Postulated accidents analyzed for an independent spent fuel 
storage installation, the type of facility at which a holder of a power 
reactor operating license would store spent fuel in casks in accordance 
with 10 CFR part 72, include tornado winds and tornado-generated 
missiles, a design basis earthquake, a design basis flood, an 
accidental cask drop, lightning effects, fire, explosions, and other 
events.
    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. 3 would 
remain well within 10 CFR part 20 limits. Therefore, the proposed 
certificate of compliance 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 amounts of any effluent released, no 
significant increase in individual or cumulative radiation exposures, 
and no significant increase in the potential for, or consequences of, 
radiological accidents. The NRC documented its safety findings in a 
preliminary safety evaluation report.

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 the Holtec 
International HI-STAR 100 Storage System in accordance with the changes 
described in Amendment No. 3 would have to request an exemption from 
the requirements of Sec. Sec.  72.212 and 72.214. Under this 
alternative, interested licensees would have to prepare, and the NRC 
would have to review, a separate exemption request, thereby increasing 
the administrative burden upon the NRC and the costs to each licensee. 
Therefore, the environmental impacts of the alternative action would be 
the same as, or more likely greater than, the preferred action.

E. Alternative Use of Resources

    Approval of Amendment No. 3 to Certificate of Compliance No. 1008 
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 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

[[Page 43672]]

on the foregoing environmental assessment, the NRC concludes that this 
direct final rule entitled, ``List of Approved Spent Fuel Storage 
Casks: Holtec International HI-STAR 100 Storage System, Certificate of 
Compliance No. 1008, 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 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 (Sec.  
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 Sec.  72.214. On September 
3, 1999 (64 FR 48259), the NRC issued an amendment to 10 CFR part 72 
that approved the Holtec International HI-STAR 100 Storage System 
design by adding it to the list of NRC-approved cask designs in Sec.  
72.214.
    On September 25, 2015, and as supplemented on January 15, 2016, 
April 29, 2016, December 15, 2017, July 2, 2018, and February 6, 2019, 
Holtec International submitted an application to amend the Holtec 
International HI-STAR 100 Storage System as described in Section IV, 
``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 3 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the Holtec International HI-STAR 100 
Storage System under the changes described in Amendment No. 3 to 
request an exemption from the requirements of Sec. Sec.  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 (Sec.  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. 
1008 for the Holtec International HI-STAR 100 Storage System, as 
currently listed in Sec.  72.214. The amendment consists of the changes 
to Amendment No. 3 previously described, as set forth in the revised 
certificate of compliance and technical specifications.
    Amendment No. 3 to Certificate of Compliance No. 1008 for the 
Holtec International HI-STAR 100 Storage System was initiated by Holtec 
International 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 International HI-
STAR 100 Storage System, and the current Amendment No. 2 continues to 
be effective for existing users. While current certificate of 
compliance 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 Certificate of Compliance No. 
1008 does not constitute backfitting under Sec.  72.62 or Sec.  
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 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.

------------------------------------------------------------------------
                Document                        ADAMS Accession No.
------------------------------------------------------------------------
Holtec International, Submittal of        ML15280A182.
 Certificate of Compliance Amendment
 Request (1008-3), dated September 25,
 2015.
Holtec International, Certificate of      ML15280A219.
 Compliance Amendment 1008-3--Summary of
 Proposed Changes, dated September 25,
 2015.
Holtec International, Certificate of      ML15280A220.
 Compliance Amendment 1008-3--Revision 4
 of the HI-STAR Final Safety Analysis
 Report, dated September 25, 2015.
Holtec International, Certificate of      ML15280A223.
 Compliance Amendment 1008-3--Final
 Safety Analysis Report on HI-STAR 100
 MPC Storage System, dated September 25,
 2015.
Certificate of Compliance for Spent Fuel  ML15280A224.
 Storage Casks, NRC Form 561, dated
 September 25, 2015.

[[Page 43673]]

 
Certificate of Compliance No. 1008,       ML15280A225.
 Appendix A, Technical Specifications
 for the HI-STAR 100 Cask System,
 Amendment 3, dated September 25, 2015.
Certificate of Compliance No. 1008,       ML15280A222.
 Appendix B, Approved Contents and
 Design Features for the HI-STAR 100
 Cask System, Amendment 3, dated
 September 25, 2015.
Holtec International--Supplemental        ML16041A041.
 Information for HI-STAR 100 System,
 Amendment Request (1008-3), dated
 January 15, 2016.
Submittal of Response to Request for      ML16133A503.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, dated April
 29, 2016.
Submittal of Response to Request for      ML16133A509.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 1--Request for Additional Information
 Responses on HI-STAR 100--
 Nonproprietary, dated April 29, 2016.
Submittal of Response to Request for      ML16133A511.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 3--HI-STAR 100 Certificate of
 Compliance Appendix A Request for
 Additional Information Markup, dated
 April 29, 2016.
Submittal of Response to Request for      ML16133A512.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 4--HI-STAR 100 Certificate of
 Compliance Appendix B Request for
 Additional Information Markup, dated
 April 29, 2016.
Submittal of Response to Request for      ML16133A513.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 5--Final Safety Analysis Report Changed
 Pages, dated April 29, 2016.
Holtec International Submittal of         ML17360A162.
 Responses to NRC's 2nd Round Requests
 for Additional Information for HI-STAR
 100 Amendment Number 3, dated December
 15, 2017.
Holtec International--Submittal of        ML18183A448.
 Supplemental Changes for HI-STAR 100
 License Amendment Request 1008-3, dated
 July 2, 2018.
Holtec International--Supplemental        ML18183A449.
 Changes for HI-STAR 100 Amendment
 Request 1008-3, dated July 2, 2018.
Holtec International--HI-STAR 100         ML19037A152.
 Amendment Request (1008-3), Removal of
 Preferential Fuel Loading Requirement
 from Certificate of Compliance, dated
 February 6, 2019.
User Need for Rulemaking for Amendment    ML19137A303.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 1:
 Proposed Certificate of Compliance No.
 1008, Amendment No. 3.
User Need for Rulemaking for Amendment    ML19137A300.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 2:
 Proposed Technical Specifications
 Appendix A.
User Need for Rulemaking for Amendment    ML19137A301.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 3:
 Proposed Technical Specifications
 Appendix B.
User Need for Rulemaking for Amendment    ML19137A302.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 4:
 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-2019-0126. 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-2019-0126); (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

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 1008 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1008.
    Initial Certificate Effective Date: October 4, 1999.
    Amendment Number 1 Effective Date: December 26, 2000.
    Amendment Number 2 Effective Date: May 29, 2001.
    Amendment Number 3 Effective Date: November 5, 2019.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STAR 100 Cask 
System.
    Docket Number: 72-1008.
    Certificate Expiration Date: October 4, 2019.
    Model Number: HI-STAR 100 (MPC-24, MPC-32, MPC-68, MPC-68F).
* * * * *

    Dated at Rockville, Maryland, this 9th day of August, 2019.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2019-18107 Filed 8-21-19; 8:45 am]
 BILLING CODE 7590-01-P
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