List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment Nos. 11, 12, 13, and 14; Corrections, 70400-70402 [2019-27595]
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70400
Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations
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NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. NUREG–0654/FEMA–REP–1,
Rev. 2, ‘‘Criteria for Preparation and
Evaluation of Radiological Emergency
Response Plans and Preparedness in
Support of Nuclear Power Plants,’’ Final
Report is available in ADAMS under
Accession No. ML19347D139.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Jonathan Fiske, Office of Nuclear
Security and Incident Response, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9228, email: Jonathan.Fiske@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In November 1980, the NRC and
FEMA issued ‘‘Criteria for Preparation
and Evaluation of Radiological
Emergency Response Plans and
Preparedness in Support of Nuclear
Power Plants; Rev. 1’’ (NUREG–0654/
FEMA–REP–1, Rev. 1) as a joint
interagency guidance document (45 FR
85862; December 30, 1980). NUREG–
0654/FEMA–REP–1, Rev. 1 provides
guidance on the 16 Planning Standards
referenced in the NRC’s regulations in
§ 50.47 of title 10 of the Code of Federal
Regulations (10 CFR), and in FEMA’s
regulations at 44 CFR 350.5. Both
agencies use these Planning Standards,
and the associated Evaluation Criteria
contained in NUREG–0654/FEMA–
REP–1, Rev. 1, to evaluate the adequacy
of emergency plans and preparedness of
commercial nuclear power plant owners
and operators, and state, local, and
tribal government jurisdictions located
near commercial nuclear power plant
sites.
Since the publication of NUREG–
0654/FEMA–REP–1, Rev. 1, there have
been substantial changes to NRC and
FEMA regulations, guidance, and
policies and advances in emergency
preparedness planning and technology.
As a result, the NRC and FEMA have
issued four supplementary documents
and one addendum to update and
expand upon the guidance in NUREG–
0654/FEMA–REP–1, Rev 1. This
revision consolidates the four
supplementary documents and one
addendum, and provides updates and
additional guidance reflective of over 35
years of improvements and lessons
learned in the radiological emergency
preparedness community.
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The NRC and FEMA held two public
meetings on August 22, 2012, and
September 13, 2012, to discuss the
scope of the proposed revision to
NUREG–0654/FEMA–REP–1, Rev. 1 (77
FR 46766; August 6, 2012). To assist in
further defining the scope, the NRC and
FEMA solicited public comments on
specific issues related to NUREG–0654/
FEMA–REP–1, Rev. 1 (77 FR 65700;
October 30, 2012). Additionally,
stakeholder and public engagement
sessions were held during staff
development of the revised guidance on
October 29–31, 2013 and June 25, 2014.
Following development of the revised
guidance, the draft NUREG–0654/
FEMA–REP–1, Rev. 2 was posted to the
Federal Rulemaking website at https://
www.regulations.gov for public
comment (80 FR 30697; May 29, 2015).
The original 90-day comment period
was scheduled to conclude on August
27, 2015; however, in response to
requests from the public for an
extension based on the broad scope of
the revision and the extensive review
necessary to develop comments, the
NRC and FEMA granted a 45-day
extension to the original comment
period (80 FR 50862; August 21, 2015).
The comment period closed on October
13, 2015. In total, the agencies received,
reviewed, and considered 609
comments during development of this
revision. Of the 609 comments, 64 were
accepted (draft guidance was revised
exactly as recommended), 154 were
agreed to in part, and the remaining 391
were either noted or rejected. In all, 218
comments resulted in revisions to the
draft guidance. A detailed report on the
comment resolutions, including the
agencies’ rationales for each comment’s
disposition, will be available online for
review in ADAMS under Accession No.
ML19350A378 and at https://
www.regulations.gov/, under Docket ID
NRC–2018–0261, within 30 days after
issuance of the final NUREG–0654/
FEMA–REP–1, Rev. 2.
II. Congressional Review Act
The NUREG–0654/FEMA–REP–1,
Rev. 2 is a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
Dated at Rockville, Maryland, this 16th day
of December, 2019.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Office of Nuclear Security and
Incident Response.
[FR Doc. 2019–27435 Filed 12–20–19; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2018–0221, NRC–2019–0030, and
NRC–2019–0160]
RIN 3150–AK18, 3150–AK28, and 3150–
AK36
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Multipurpose Canister Cask
System, Certificate of Compliance No.
1014, Amendment Nos. 11, 12, 13, and
14; Corrections
Nuclear Regulatory
Commission.
ACTION: Correcting amendments.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) published three
direct final rules in the Federal Register
on December 12, 2018, February 26,
2019, and October 3, 2019, that
amended its spent fuel storage
regulations by revising the Holtec
International HI–STORM 100
Multipurpose Canister Cask System
listing within the ‘‘List of approved
spent fuel storage casks’’ to include
Amendment Nos. 11, 12, 13, and 14,
respectively, to Certificate of
Compliance No. 1014. The technical
specifications for Amendment Nos. 11,
12, 13, and 14 contained minor editorial
and non-substantive errors. The purpose
of this action is to correct these errors.
DATES: This rule is effective on
December 23, 2019.
ADDRESSES: For Amendment Nos. 11
and 12, please refer to Docket ID NRC–
2018–0221; for Amendment No. 13,
please refer to Docket ID NRC–2019–
0030; and for Amendment No. 14,
please refer to Docket ID NRC–2019–
0160 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action using any of the following
methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket IDs NRC–2018–0221, NRC–
2019–0030, or NRC–2019–0160.
Address questions about NRC dockets to
Carol Gallagher; telephone: 301–415–
3463; email: Carol.Gallagher@nrc.gov.
For technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
SUMMARY:
E:\FR\FM\23DER1.SGM
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lotter on DSKBCFDHB2PROD with RULES
Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations
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 pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: YenJu Chen, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
1018; email: Yen-Ju.Chen@nrc.gov.
SUPPLEMENTARY INFORMATION: The NRC
published three direct final rules in the
Federal Register on December 12, 2018
(83 FR 63794), February 26, 2019 (84 FR
6055), and October 3, 2019 (84 FR
52747), amending its regulations in part
72 of title 10 of the Code of Federal
Regulations (10 CFR) by revising the
‘‘List of approved spent fuel storage
casks’’ to add Amendment Nos. 11 and
12, 13, and 14, respectively, to
Certificate of Compliance No. 1014 for
the Holtec International HI–STORM 100
Multipurpose Canister Cask System
listing. Amendment Nos. 11 and 12
became effective on February 25, 2019;
Amendment No. 13 became effective on
May 13, 2019; and Amendment No. 14
became effective on December 17, 2019.
The technical specifications for these
direct final rules contained minor
editorial and non-substantive errors.
Specifically, Table 3–2 refers to Tables
3–3 and 3–4 for per cell decay heat load
limits for the multi-purpose canisters
(MPCs) MPC–68/68F/68FF/68M, but
Tables 3–3 and 3–4 omitted the MPC–
68M.
The NRC previously reviewed and
approved the use of model MPC–68M in
Amendment No. 8 to Certificate of
Compliance No. 1014. In Amendment
No. 9, the NRC added Tables 3–3 and
3–4 and, in Table 3–2, added a reference
to decay heat loads in Tables 3–3 and
3–4. The reference in Appendix A,
Table 3–2, refers to Table 3–3 and 3–4
for the per cell heat load limits for the
MPC–68/68F/68FF/68M. However,
Tables 3–3 and 3–4 only have rows for
MPC–68/68F/68FF and do not
specifically include the MPC–68M.
Since the decay heat load, whether
uniform or regionalized, for all 68 cell
MPCs are identical, and the NRC
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previously reviewed and approved this
heat load, it is evident that the omission
of MPC–68M in Tables 3–3 and 3–4 was
an editorial error. Although this error is
editorial and has no impact on the
loading of MPCs, it is still appropriate
to correct the error. Correcting this error
would not change the substantive
responsibilities of any person or entity
regulated by the NRC. This error has
been corrected in Amendment No. 9,
Revision 1, and Amendment No. 10 on
August 31, 2017 (82 FR 41321).
The NRC is correcting the
typographical error in Amendment Nos.
11, 12, 13, and 14 by adding MPC–68M
to Appendix A, Tables 3–3 and 3–4. The
NRC also is revising Amendment Nos.
11, 12, 13, and 14 to Certificate of
Compliance No. 1014 of the Holtec
International HI–STORM 100
Multipurpose Canister Cask System
listings within 10 CFR 72.214 to note
the corrections.
Rulemaking Procedure
Under the Administrative Procedure
Act (5 U.S.C. 553(b)), an agency may
waive the normal notice and comment
requirements if it finds, for good cause,
that they are impracticable,
unnecessary, or contrary to the public
interest. As authorized by 5 U.S.C.
553(b)(3)(B), the NRC finds good cause
to waive notice and opportunity for
comment on this correction because it
will have no substantive impact and is
of a minor and administrative nature
dealing with a correction to a CFR
section. Specifically, this amendment is
to correct a minor editorial and nonsubstantive error. This correction does
not require action by any person or
entity regulated by the NRC. Also, this
final rule does not change the
substantive responsibilities of any
person or entity regulated by the NRC.
Accordingly, for the reasons stated in
this document, the NRC finds, pursuant
to 5 U.S.C. 553(d)(3), that good cause
exists to make this rule effective upon
publication.
List of Subjects in 10 CFR Part 72
Administrative practice and
procedures, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is making the
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70401
following correcting amendment to 10
CFR part 72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
2099, 2111, 2201, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance 1014 is amended 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).
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Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations
Amendment Number 11 Effective
Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024).
Amendment Number 12 Effective
Date: February 25, 2019, as corrected on
May 30, 2019 (ADAMS Accession No.
ML19109A111); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343A908).
Amendment Number 13 Effective
Date: May 13, 2019, as corrected on May
30, 2019 (ADAMS Accession No.
ML19109A122); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343B156).
Amendment Number 14 Effective
Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287).
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 17th day
of December, 2019.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking,
Environmental, and Financial Support Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2019–27595 Filed 12–20–19; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 955
RIN 1903–AA11
Elemental Mercury Management and
Storage Fees
Office of Environmental
Management, U.S. Department of
Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
publishes a final rule to establish a fee
for long-term management and storage
of elemental mercury in accordance
with the Mercury Export Ban Act.
DATES: This rule is effective January 22,
2020.
FOR FURTHER INFORMATION CONTACT:
David Haught, U.S. Department of
Energy, Office of Environmental
Management, Office of Waste Disposal
(EM–4.22), 1000 Independence Avenue
SW, Washington, DC 20585, Telephone:
(202) 586–5000, Email:
mercury.mgt.fee@em.doe.gov.
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Background
II. Discussion of Fee Basis
III. Response to Comments
IV. Regulatory Review
V. Approval of the Secretary of Energy
I. Background
Section 5(a)(1) of the Mercury Export
Ban Act, as amended (MEBA), 42 U.S.C.
6939f(a)(1), provides that the
Department of Energy (DOE) shall
designate a facility for the purpose of
long-term management and storage of
elemental mercury generated within the
United States.1 MEBA section 5(b)(1), 42
U.S.C. 6939f(b)(1), further provides that
DOE shall assess and collect a fee at the
time of delivery for providing such
management and storage based on the
pro rata cost of long-term management
and storage of elemental mercury
delivered to the facility. MEBA provides
that the fee shall be made publicly
available by October 1, 2018. MEBA
section 5(b)(1)(B)(i), 42 U.S.C.
6939f(b)(1)(B)(i). The fee may be
adjusted annually and shall be set in an
amount sufficient to cover costs
described in MEBA section 5(b)(2), 42
U.S.C. 6939f(b)(2), subject to certain
adjustments. MEBA section
5(b)(1)(B)(ii)–(iv), 42 U.S.C.
6939f(b)(1)(B)(ii)–(iv).
In accordance with MEBA section
5(b), 42 U.S.C. 6939f(b), DOE establishes
this fee after consultation with persons
who are likely to deliver elemental
mercury to a designated facility, and
with other interested persons. DOE
convened teleconferences from May
2017 through July 2019 and held a
meeting on August 1–2, 2018, in
Washington, DC, to discuss
considerations for the basis of the fee for
long-term management and storage of
elemental mercury including length of
time in storage, the cost of eventual
treatment and disposal technology, and
different operational scenarios.
Participants included representatives of
generators producing elemental mercury
incidentally from the beneficiation or
processing of ore, or related pollution
1 Elemental mercury stored at the facility will be
classified as a hazardous waste under the Resource
Conservation and Recovery Act and its
implementing regulations. MEBA Section 3
prohibits the sale, distribution or transfer of
elemental mercury stored by DOE, and MEBA
Sections 5(d)(1) and 5(g)(2)(B) require that the
elemental mercury be stored at facilities having
permits to manage RCRA hazardous waste (with the
exception of waste elemental mercury generated by
certain generators, and which is destined for the
long-term storage facility as allowed by 42 U.S.C.
6939f(g)(2)(D)). Based on the description of
elemental mercury that is destined for and stored
at the DOE long-term storage facility, the RCRA
hazardous waste code U151 applies (see 40 CFR
261.33).
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control activities. DOE also consulted
with members of the Environmental
Technology Council, a private
organization whose members include
persons likely to deliver elemental
mercury to the designated DOE storage
facility, on January 23, 2019.
The proposed rule would have
established the fee for long-term
management and storage of elemental
mercury at the designated DOE storage
facility as $55,100 per metric ton (MT),2
plus a receiving charge of $3,250 per
shipment. In response to comments
received regarding the proposed rule,
DOE has adjusted the fee downward to
$37,000 per MT. In accordance with
MEBA section 5(b)(1)(B)(ii), 42 U.S.C.
6939f(b)(1)(B)(ii), this fee may be
adjusted annually according to the
factors described in Section II,
Discussion of Fee Basis.
II. Discussion of Fee Basis
The fee per metric ton is the sum of
(1) the net present value of elementary
mercury storage for fifteen years using
the 15-year real interest rate from Office
of Management and Budget (OMB)
Circular A–94; (2) the pro-rated cost of
materials required for storage of
elemental mercury; (3) the present value
of the cost of transporting elemental
mercury from the storage facility to a
treatment facility in the sixteenth year
using the 15-year real interest rate from
OMB Circular A–94; and (4) the present
value of the cost of treatment and
disposal in the sixteenth year using the
15-year real interest rate from OMB
Circular A–94. While there is no current
regulatory framework to treat and
dispose of elemental mercury in the
U.S., DOE is assuming a scenario in
which there is treatment and disposal
capacity for high-concentration
elemental mercury waste in the future.
In accordance with 42 U.S.C.
6939f(b)(1)(B), because the designated
facility was not operational on January
1, 2019, DOE will adjust the fee adopted
in this final rule and assessed for
elemental mercury delivered to the
designated facility to subtract the cost of
the temporary accumulation for those
generators accumulating elemental
mercury in a facility pursuant to 42
U.S.C. 6939f(g)(2)(B) and (D)(iv) during
the period in which the designated
facility is not operational. The
subtraction will occur after receipt and
approval of invoices outlining
acceptable costs.
In accordance with 42 U.S.C.
6939f(b)(1)(B)(ii), DOE may adjust the
fee annually. As stated in the proposed
rule, DOE will adjust the fee by
2 One
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23DER1
Agencies
[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Rules and Regulations]
[Pages 70400-70402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27595]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0221, NRC-2019-0030, and NRC-2019-0160]
RIN 3150-AK18, 3150-AK28, and 3150-AK36
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Multipurpose Canister Cask System, Certificate of
Compliance No. 1014, Amendment Nos. 11, 12, 13, and 14; Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published three
direct final rules in the Federal Register on December 12, 2018,
February 26, 2019, and October 3, 2019, that amended its spent fuel
storage regulations by revising the Holtec International HI-STORM 100
Multipurpose Canister Cask System listing within the ``List of approved
spent fuel storage casks'' to include Amendment Nos. 11, 12, 13, and
14, respectively, to Certificate of Compliance No. 1014. The technical
specifications for Amendment Nos. 11, 12, 13, and 14 contained minor
editorial and non-substantive errors. The purpose of this action is to
correct these errors.
DATES: This rule is effective on December 23, 2019.
ADDRESSES: For Amendment Nos. 11 and 12, please refer to Docket ID NRC-
2018-0221; for Amendment No. 13, please refer to Docket ID NRC-2019-
0030; and for Amendment No. 14, please refer to Docket ID NRC-2019-0160
when contacting the NRC about the availability of information for this
action. You may obtain publicly-available information related to this
action using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket IDs NRC-2018-0221, NRC-2019-
0030, or NRC-2019-0160. Address questions about NRC dockets to Carol
Gallagher; telephone: 301-415-3463; email: [email protected]. For
technical questions, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at
[[Page 70401]]
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]. The ADAMS
accession number for each document referenced (if it is available in
ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-1018; email: [email protected].
SUPPLEMENTARY INFORMATION: The NRC published three direct final rules
in the Federal Register on December 12, 2018 (83 FR 63794), February
26, 2019 (84 FR 6055), and October 3, 2019 (84 FR 52747), amending its
regulations in part 72 of title 10 of the Code of Federal Regulations
(10 CFR) by revising the ``List of approved spent fuel storage casks''
to add Amendment Nos. 11 and 12, 13, and 14, respectively, to
Certificate of Compliance No. 1014 for the Holtec International HI-
STORM 100 Multipurpose Canister Cask System listing. Amendment Nos. 11
and 12 became effective on February 25, 2019; Amendment No. 13 became
effective on May 13, 2019; and Amendment No. 14 became effective on
December 17, 2019. The technical specifications for these direct final
rules contained minor editorial and non-substantive errors.
Specifically, Table 3-2 refers to Tables 3-3 and 3-4 for per cell decay
heat load limits for the multi-purpose canisters (MPCs) MPC-68/68F/
68FF/68M, but Tables 3-3 and 3-4 omitted the MPC-68M.
The NRC previously reviewed and approved the use of model MPC-68M
in Amendment No. 8 to Certificate of Compliance No. 1014. In Amendment
No. 9, the NRC added Tables 3-3 and 3-4 and, in Table 3-2, added a
reference to decay heat loads in Tables 3-3 and 3-4. The reference in
Appendix A, Table 3-2, refers to Table 3-3 and 3-4 for the per cell
heat load limits for the MPC-68/68F/68FF/68M. However, Tables 3-3 and
3-4 only have rows for MPC-68/68F/68FF and do not specifically include
the MPC-68M. Since the decay heat load, whether uniform or
regionalized, for all 68 cell MPCs are identical, and the NRC
previously reviewed and approved this heat load, it is evident that the
omission of MPC-68M in Tables 3-3 and 3-4 was an editorial error.
Although this error is editorial and has no impact on the loading of
MPCs, it is still appropriate to correct the error. Correcting this
error would not change the substantive responsibilities of any person
or entity regulated by the NRC. This error has been corrected in
Amendment No. 9, Revision 1, and Amendment No. 10 on August 31, 2017
(82 FR 41321).
The NRC is correcting the typographical error in Amendment Nos. 11,
12, 13, and 14 by adding MPC-68M to Appendix A, Tables 3-3 and 3-4. The
NRC also is revising Amendment Nos. 11, 12, 13, and 14 to Certificate
of Compliance No. 1014 of the Holtec International HI-STORM 100
Multipurpose Canister Cask System listings within 10 CFR 72.214 to note
the corrections.
Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC
finds good cause to waive notice and opportunity for comment on this
correction because it will have no substantive impact and is of a minor
and administrative nature dealing with a correction to a CFR section.
Specifically, this amendment is to correct a minor editorial and non-
substantive error. This correction does not require action by any
person or entity regulated by the NRC. Also, this final rule does not
change the substantive responsibilities of any person or entity
regulated by the NRC. Accordingly, for the reasons stated in this
document, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good
cause exists to make this rule effective upon publication.
List of Subjects in 10 CFR Part 72
Administrative practice and procedures, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is making the following
correcting amendment 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 amended 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).
[[Page 70402]]
Amendment Number 11 Effective Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024).
Amendment Number 12 Effective Date: February 25, 2019, as corrected
on May 30, 2019 (ADAMS Accession No. ML19109A111); further corrected
December 23, 2019 (ADAMS Accession No. ML19343A908).
Amendment Number 13 Effective Date: May 13, 2019, as corrected on
May 30, 2019 (ADAMS Accession No. ML19109A122); further corrected
December 23, 2019 (ADAMS Accession No. ML19343B156).
Amendment Number 14 Effective Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287).
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 17th day of December, 2019.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial Support Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2019-27595 Filed 12-20-19; 8:45 am]
BILLING CODE 7590-01-P