List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 5, 28479-28484 [2020-10087]

Download as PDF 28479 Rules and Regulations Federal Register Vol. 85, No. 93 Wednesday, May 13, 2020 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2020–0050] RIN 3150–AK47 List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 5 Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI– STORM Flood/Wind Multipurpose Canister Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 5 to Certificate of Compliance No. 1032. Amendment No. 5 revises the certificate of compliance to: Add new heat load patterns and revise the minimum required cooling time for two multipurpose canisters MPC–89 and MPC–37; add new fuel types to the approved contents; allow an exception to a code to permit use of certain duplex stainless steels; use an analysis model to revise the calculation for evaluating effective fuel conductivities; add the use of the damaged fuel isolator; add two versions of the standard variable weight transfer cask; add the option of using cyclic vacuum drying; and make changes to the final safety analysis report to add new types of fuel assemblies, add a definition to it and to the certificate of compliance, and add the required shielding evaluation to Section 5.4.8. In addition, Amendment No. 5 makes several clarifications and minor changes. These changes are discussed in more detail in the jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:15 May 12, 2020 Jkt 250001 ‘‘Discussion of Changes’’ section of this direct final rule. DATES: This direct final rule is effective July 27, 2020, unless significant adverse comments are received by June 12, 2020. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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. 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–2020–0050. 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. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. 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: YenJu Chen, Office of Nuclear Material Safety and Safeguards; telephone: 301– 415–1018; email: Yen-Ju.Chen@nrc.gov or Vanessa Cox, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–8342; email: Vanessa.Cox@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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant 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–2020– 0050 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0050. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 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. B. Submitting Comments Please include Docket ID NRC–2020– 0050 in your comment submission. 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. 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 and enters all 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 E:\FR\FM\13MYR1.SGM 13MYR1 28480 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES submission to the NRC, 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. You should inform those persons 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 rule is limited to the changes contained in Amendment No. 5 to Certificate of Compliance No. 1032 and does not include other aspects of the Holtec International HI–STORM Flood/ Wind Multipurpose Canister 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 non-controversial. The NRC has determined that, with the requested changes, adequate protection of public health and safety will continue to be ensured. The amendment to the rule will become effective on July 27, 2020. However, if the NRC receives any significant adverse comment on this direct final rule by June 12, 2020, 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. Responses are considered substantive 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; (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 VerDate Sep<11>2014 16:15 May 12, 2020 Jkt 250001 apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition; or (3) The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that ‘‘[t]he Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the Nuclear Waste Policy Act states, in part, that ‘‘[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule which added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on March 28, 2011 (76 FR 17019), that approved the Holtec International HI– STORM Flood/Wind Multipurpose Canister Storage System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1032. IV. Discussion of Changes On June 15, 2018, as supplemented on September 20, 2018, April 1, 2019, April 30, 2019, June 14, 2019, October 4, 2019, October 21, 2019, and December 18, 2019, Holtec International submitted a request to amend Certificate of Compliance No. 1032 for the HI– STORM Flood/Wind Multipurpose Canister Storage System. Amendment PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 No. 5 revises the certificate of compliance as follows: 1. Adds new heat load patterns for the MPC–89 and MPC–37 and revises the minimum required cooling time for fuel to one year for MPC–89 and MPC–37 storage canisters. 2. Adds four new fuel types (10x10I, 11x11A, 7x7C and 8x8G) to the approved contents listed in Appendix B to the certificate of compliance. 3. Allows an exception to the American Society of Mechanical Engineers Code that permits use of certain duplex stainless steels in the HI– STORM Flood/Wind Multipurpose Canister Storage System. 4. Uses the ANSYS FLUENT® computer-based analysis model to revise the calculation for evaluating effective fuel conductivities. 5. Adds the use of the damaged fuel isolator to Appendix A of the certificate of compliance. 6. Adds two versions of the standard variable weight transfer cask: Version V, which has a natural circulation feature, and Version V2, which has the option for a removable neutron shield. 7. Adds the option of using cyclic vacuum drying for all multi-purpose canisters. 8. Adds fuel assemblies containing blended low enriched uranium as approved contents, adds the definition for blended low-enriched uranium fuel assemblies to the Glossary in the final safety analysis report and to the definition section in the certificate of compliance, and adds the required shielding evaluation to the final safety analysis report for storing blended low enriched uranium fuel assemblies in the HI–STORM Flood/Wind Multipurpose Canister Storage System. In addition, Amendment No. 5 makes several clarifications and minor changes. As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that the design of the cask would continue to prevent loss of containment, shielding, and criticality control in the event of each evaluated accident condition. 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. 5 would remain well within the limits specified by 10 CFR part 20, ‘‘Standards for Protection E:\FR\FM\13MYR1.SGM 13MYR1 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules and Regulations Against Radiation.’’ Thus, the NRC found 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 NRC staff determined that the amended Holtec International HI– STORM Flood/Wind Multipurpose Canister 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 reasonably assured. 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 Holtec International HI–STORM Flood/ Wind Multipurpose Canister Storage System casks that meet the criteria of Amendment No. 5 to Certificate of Compliance No. 1032. jbell on DSKJLSW7X2PROD with RULES 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 revises the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System design listed in § 72.214, ‘‘List of approved spent fuel storage casks.’’ This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ‘‘Agreement State Program Policy Statement’’ approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility V. Category ‘‘NRC—Areas of Exclusive NRC Regulatory Authority.’’ 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. Therefore, compatibility is not required for program elements in this category. Although an Agreement State may not adopt program elements reserved to the VerDate Sep<11>2014 16:15 May 12, 2020 Jkt 250001 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 Agreement State’s administrative procedure laws. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRC’s regulations in 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– STORM Flood/Wind Multipurpose Canister Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 5 to Certificate of Compliance No. 1032. B. The Need for the Action This direct final rule amends the certificate of compliance for the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, Amendment No. 5 revises the certificate of compliance to: (1) Add new heat load patterns and revise the minimum required cooling time for multipurpose canisters MPC–89 and MPC–37; (2) add new fuel types to the approved contents; (3) allow an exception to a code to permit use of certain duplex stainless steels; (4) use an analysis model to revise the calculation for evaluating effective fuel conductivities; (5) add the use of the damaged fuel isolator; (6) add two PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 28481 versions of the standard variable weight transfer cask; (7) add the option of using cyclic vacuum drying; and (8) make changes to the final safety analysis report to add new types of fuel assemblies, add a definition to it and to the certificate of compliance, and add the required shielding evaluation to Section 5.4.8. In addition, Amendment No. 5 makes several clarifications and minor changes. 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 analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for Amendment No. 5 tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended. The Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, can include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. The design of the cask would prevent loss of confinement, shielding, and criticality control in the event of each evaluated accident condition. 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. 5 would remain well within the 10 CFR part 20 limits. Therefore, the proposed certificate of compliance changes will not result in any radiological or non-radiological E:\FR\FM\13MYR1.SGM 13MYR1 28482 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules and Regulations environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report. NRC has determined that an environmental impact statement is not necessary for this direct final rule. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 5 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–STORM Flood/Wind Multipurpose Canister Storage System in accordance with the changes described in proposed Amendment No. 5 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. The environmental impacts would be the same as the proposed action. 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. E. Alternative Use of Resources Approval of Amendment No. 5 to Certificate of Compliance No. 1032 would result in no irreversible commitment of resources. jbell on DSKJLSW7X2PROD with RULES F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in the National Environmental Policy Act of 1969, as amended, and the NRC’s regulations in subpart A of 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.’’. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled ‘‘List of Approved Spent Fuel Storage Casks: Holtec International HI– STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 5’’ will not have a significant effect on the human environment. Therefore, the VerDate Sep<11>2014 16:15 May 12, 2020 Jkt 250001 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. 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: (1) It notifies the NRC in advance; (2) the spent fuel is stored under the conditions specified in the cask’s certificate of compliance; and (3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On March 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec International HI–STORM Flood/ Wind Multipurpose Canister Storage System design by adding it to the list of NRC-approved cask designs in § 72.214. On June 15, 2018, as supplemented on September 20, 2018, April 1, 2019, April 30, 2019, June 14, 2019, October 4, 2019, October 21, 2019, and December 18, 2019, Holtec International submitted a request to amend the HI–STORM Flood/Wind Multipurpose Canister PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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. 5 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System under the changes described in Amendment No. 5 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. 1032 for the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 5 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 5 to Certificate of Compliance No. 1032 for the Holtec International HI–STORM Flood/Wind Multipurpose Canister 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. 5 applies only to new casks fabricated and used under Amendment No. 5. These changes do not affect existing users of the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, and previous E:\FR\FM\13MYR1.SGM 13MYR1 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules and Regulations amendments continue to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 5, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 5 to Certificate of Compliance No. 1032 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 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. This direct final rule is not a rule as defined in the Congressional Review Act. Adams Accession No./Web link/ Federal Register Citation Document Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Resubmittal dated June 15, 2018. Holtec International Modification to Requested Changes on HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Request dated September 20, 2018. Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Response to Request for Supplemental Information dated April 1, 2019. Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Request for Supplemental Information 6–1 for Certificate of Compliance No. 1032 dated April 30, 2019. Submittal of Holtec International Certificate of Compliance No. 1032 dated June 14, 2019 ...................... Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Response to Request for Additional Information—Batch 1 dated October 4, 2019. Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Response to Request for Additional Information—Batch 2 dated October 21, 2019. Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Consolidated Changed Pages dated December 18, 2019. Memo re User Need for Rulemaking for the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 5 dated February 14, 2020. Draft Proposed Certificate of Compliance No. 1032, Amendment 5 ........................................................... Proposed Certificate of Compliance No. 1032, Amendment 5—Appendix A, Technical Specifications ..... Proposed Certificate of Compliance No. 1032, Amendment 5—Appendix B .............................................. Preliminary Certificate of Compliance No. 1032, Amendment 5—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–2020–0050. 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–2020–0050; (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 jbell on DSKJLSW7X2PROD with RULES Administrative practice and procedure, 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 adopting the following amendments to 10 CFR part 72: VerDate Sep<11>2014 16:15 May 12, 2020 Jkt 250001 28483 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 No. 1032 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1032. Initial Certificate Effective Date: June 13, 2011, superseded by Amendment PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 ML18179A100 (package). ML18268A139. ML19108A081 (package). ML19127A267 (package). ML19177A239 (package). ML19289A626 (package). ML19317D392 (package). ML20002A643 (package). ML20014E617. ML20014E618. ML20014E619. ML20014E620. ML20014E621. Number 0, Revision 1, on April 25, 2016. Amendment Number 0, Revision 1, Effective Date: April 25, 2016. Amendment Number 1 Effective Date: December 17, 2014, superseded by Amendment Number 1, Revision 1, on June 2, 2015. Amendment Number 1, Revision 1, Effective Date: June 2, 2015. Amendment Number 2 Effective Date: November 7, 2016. Amendment Number 3 Effective Date: September 11, 2017. Amendment Number 4 Effective Date: July 14, 2020. Amendment Number 5 Effective Date: July 27, 2020. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International HI– STORM FW System. Docket Number: 72–1032. Certificate Expiration Date: June 12, 2031. Model Number: HI–STORM FW MPC–37, MPC–89. * * * * * Dated this 29th day of April, 2020. E:\FR\FM\13MYR1.SGM 13MYR1 28484 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules and Regulations For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2020–10087 Filed 5–12–20; 8:45 am] SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 200, 230, 232, 239, 240, 270, and 274 BILLING CODE 7590–01–P [Release Nos. 33–10765; 34–88358; IC– 33814; File No. S7–23–18] RIN 3235–AK60 Updated Disclosure Requirements and Summary Prospectus for Variable Annuity and Variable Life Insurance Contracts Correction jbell on DSKJLSW7X2PROD with RULES In rule document 2020–05526 in the issue of Friday, May 1, 2020, make the following corrections: 1. On page 26058, in the first column, footnote 1056 should read ‘‘1056 The Commission recently adopted rules requiring registrants to include a hyperlink to each exhibit identified in VerDate Sep<11>2014 16:15 May 12, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 the exhibit index in any registration statement or report that is required to include exhibits under 17 CFR 229.601 (Item 601 of Regulation S–K) or under Form F–10 or Form 20– F. In connection with this rulemaking, commenters indicated that hyperlinking would make it easier and reduce the amount of time required for investors to navigate to related documents. See Exhibit Hyperlinks and HTML Format, Release No. 34–80132 (Mar. 1, 2017) [82 FR 14130 (Mar. 17, 2017)] at nn.85 and 86. In 2019, the Commission adopted amendments to its investment company registration forms, including Forms N– 3, N–4, and N–6, to require hyperlinks to exhibits required to be filed with the registration statement. See FAST Act Adopting Release, supra note 501. 2. The table entitled ‘‘Rule 498a PRA Estimates’’ appearing on pages 26087– 26089, should appear as follows: BILLING CODE 1301–00–D E:\FR\FM\13MYR1.SGM 13MYR1

Agencies

[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Rules and Regulations]
[Pages 28479-28484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10087]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Rules 
and Regulations

[[Page 28479]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2020-0050]
RIN 3150-AK47


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate 
of Compliance No. 1032, Amendment No. 5

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International HI-
STORM Flood/Wind Multipurpose Canister Storage System listing within 
the ``List of approved spent fuel storage casks'' to include Amendment 
No. 5 to Certificate of Compliance No. 1032. Amendment No. 5 revises 
the certificate of compliance to: Add new heat load patterns and revise 
the minimum required cooling time for two multipurpose canisters MPC-89 
and MPC-37; add new fuel types to the approved contents; allow an 
exception to a code to permit use of certain duplex stainless steels; 
use an analysis model to revise the calculation for evaluating 
effective fuel conductivities; add the use of the damaged fuel 
isolator; add two versions of the standard variable weight transfer 
cask; add the option of using cyclic vacuum drying; and make changes to 
the final safety analysis report to add new types of fuel assemblies, 
add a definition to it and to the certificate of compliance, and add 
the required shielding evaluation to Section 5.4.8. In addition, 
Amendment No. 5 makes several clarifications and minor changes. These 
changes are discussed in more detail in the ``Discussion of Changes'' 
section of this direct final rule.

DATES: This direct final rule is effective July 27, 2020, unless 
significant adverse comments are received by June 12, 2020. 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.

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-2020-0050. 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.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    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: Yen-Ju Chen, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Vanessa Cox, Office of Nuclear Material Safety and 
Safeguards; telephone: 301-415-8342; 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 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-2020-0050 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-2020-0050.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2020-0050 in your comment submission.
    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.
    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 and enters all 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

[[Page 28480]]

submission to the NRC, 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. You should inform those persons 
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 rule is limited to the changes contained in Amendment No. 5 to 
Certificate of Compliance No. 1032 and does not include other aspects 
of the Holtec International HI-STORM Flood/Wind Multipurpose Canister 
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 non-controversial. The NRC has determined that, with the 
requested changes, adequate protection of public health and safety will 
continue to be ensured. The amendment to the rule will become effective 
on July 27, 2020. However, if the NRC receives any significant adverse 
comment on this direct final rule by June 12, 2020, 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. 
Responses are considered substantive 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;
    (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; or
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule, certificate of compliance, or technical 
specifications.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[the Commission] shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule which added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
March 28, 2011 (76 FR 17019), that approved the Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System design and 
added it to the list of NRC-approved cask designs in Sec.  72.214 as 
Certificate of Compliance No. 1032.

IV. Discussion of Changes

    On June 15, 2018, as supplemented on September 20, 2018, April 1, 
2019, April 30, 2019, June 14, 2019, October 4, 2019, October 21, 2019, 
and December 18, 2019, Holtec International submitted a request to 
amend Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind 
Multipurpose Canister Storage System. Amendment No. 5 revises the 
certificate of compliance as follows:
    1. Adds new heat load patterns for the MPC-89 and MPC-37 and 
revises the minimum required cooling time for fuel to one year for MPC-
89 and MPC-37 storage canisters.
    2. Adds four new fuel types (10x10I, 11x11A, 7x7C and 8x8G) to the 
approved contents listed in Appendix B to the certificate of 
compliance.
    3. Allows an exception to the American Society of Mechanical 
Engineers Code that permits use of certain duplex stainless steels in 
the HI-STORM Flood/Wind Multipurpose Canister Storage System.
    4. Uses the ANSYS FLUENT[supreg] computer-based analysis model to 
revise the calculation for evaluating effective fuel conductivities.
    5. Adds the use of the damaged fuel isolator to Appendix A of the 
certificate of compliance.
    6. Adds two versions of the standard variable weight transfer cask: 
Version V, which has a natural circulation feature, and Version V2, 
which has the option for a removable neutron shield.
    7. Adds the option of using cyclic vacuum drying for all multi-
purpose canisters.
    8. Adds fuel assemblies containing blended low enriched uranium as 
approved contents, adds the definition for blended low-enriched uranium 
fuel assemblies to the Glossary in the final safety analysis report and 
to the definition section in the certificate of compliance, and adds 
the required shielding evaluation to the final safety analysis report 
for storing blended low enriched uranium fuel assemblies in the HI-
STORM Flood/Wind Multipurpose Canister Storage System.
    In addition, Amendment No. 5 makes several clarifications and minor 
changes.
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety evaluation of the proposed certificate of compliance 
amendment request. The NRC determined that this amendment does not 
reflect a significant change in design or fabrication of the cask. 
Specifically, the NRC determined that the design of the cask would 
continue to prevent loss of containment, shielding, and criticality 
control in the event of each evaluated accident condition. 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. 
5 would remain well within the limits specified by 10 CFR part 20, 
``Standards for Protection

[[Page 28481]]

Against Radiation.'' Thus, the NRC found 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 NRC staff determined that the amended Holtec International HI-
STORM Flood/Wind Multipurpose Canister 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 reasonably assured. 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 Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System casks that 
meet the criteria of Amendment No. 5 to Certificate of Compliance No. 
1032.

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 revises the 
Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage 
System design listed in Sec.  72.214, ``List of approved spent fuel 
storage casks.'' This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017 (82 FR 48535), this rule is classified as 
Compatibility V. Category ``NRC--Areas of Exclusive NRC Regulatory 
Authority.'' 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. Therefore, compatibility is not required for program 
elements in this category. 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 Agreement State's administrative procedure laws.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VIII. Environmental Assessment and Finding of No Significant Impact

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC's regulations in 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-STORM Flood/Wind Multipurpose Canister Storage System 
listing within the ``List of approved spent fuel storage casks'' to 
include Amendment No. 5 to Certificate of Compliance No. 1032.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage 
System design within the list of approved spent fuel storage casks to 
allow power reactor licensees to store spent fuel at reactor sites in 
casks with the approved modifications under a general license. 
Specifically, Amendment No. 5 revises the certificate of compliance to: 
(1) Add new heat load patterns and revise the minimum required cooling 
time for multipurpose canisters MPC-89 and MPC-37; (2) add new fuel 
types to the approved contents; (3) allow an exception to a code to 
permit use of certain duplex stainless steels; (4) use an analysis 
model to revise the calculation for evaluating effective fuel 
conductivities; (5) add the use of the damaged fuel isolator; (6) add 
two versions of the standard variable weight transfer cask; (7) add the 
option of using cyclic vacuum drying; and (8) make changes to the final 
safety analysis report to add new types of fuel assemblies, add a 
definition to it and to the certificate of compliance, and add the 
required shielding evaluation to Section 5.4.8. In addition, Amendment 
No. 5 makes several clarifications and minor changes.

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 analyzed 
in the environmental assessment for the 1990 final rule. The 
environmental assessment for Amendment No. 5 tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act of 1969, as amended.
    The Holtec International HI-STORM Flood/Wind Multipurpose Canister 
Storage System is designed to mitigate the effects of design basis 
accidents that could occur during storage. Design basis accidents 
account for human-induced events and the most severe natural phenomena 
reported for the site and surrounding area. Postulated accidents 
analyzed for an independent spent fuel storage installation, the type 
of facility at which a holder of a power reactor operating license 
would store spent fuel in casks in accordance with 10 CFR part 72, can 
include tornado winds and tornado-generated missiles, a design basis 
earthquake, a design basis flood, an accidental cask drop, lightning 
effects, fire, explosions, and other incidents.
    The design of the cask would prevent loss of confinement, 
shielding, and criticality control in the event of each evaluated 
accident condition. 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. 5 would remain well within the 10 CFR part 20 limits. 
Therefore, the proposed certificate of compliance changes will not 
result in any radiological or non-radiological

[[Page 28482]]

environmental impacts that significantly differ from the environmental 
impacts evaluated in the environmental assessment supporting the July 
18, 1990, final rule. There will be no significant change in the types 
or significant revisions in the amounts of any effluent released, no 
significant increase in the individual or cumulative radiation 
exposures, and no significant increase in the potential for or 
consequences from, radiological accidents. The NRC documented its 
safety findings in the preliminary safety evaluation report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
5 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-STORM Flood/Wind Multipurpose Canister Storage System 
in accordance with the changes described in proposed Amendment No. 5 
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. The environmental impacts would be the same 
as the proposed action.

E. Alternative Use of Resources

    Approval of Amendment No. 5 to Certificate of Compliance No. 1032 
would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted

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

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.''. Based on the foregoing environmental 
assessment, the NRC concludes that this direct final rule entitled 
``List of Approved Spent Fuel Storage Casks: Holtec International HI-
STORM Flood/Wind Multipurpose Canister Storage System, Certificate of 
Compliance No. 1032, Amendment No. 5'' 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: (1) It notifies the NRC in advance; (2) the spent fuel 
is stored under the conditions specified in the cask's certificate of 
compliance; and (3) the conditions of the general license are met. A 
list of NRC-approved cask designs is contained in Sec.  72.214. On 
March 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR 
part 72 that approved the Holtec International HI-STORM Flood/Wind 
Multipurpose Canister Storage System design by adding it to the list of 
NRC-approved cask designs in Sec.  72.214.
    On June 15, 2018, as supplemented on September 20, 2018, April 1, 
2019, April 30, 2019, June 14, 2019, October 4, 2019, October 21, 2019, 
and December 18, 2019, Holtec International submitted a request to 
amend the HI-STORM Flood/Wind Multipurpose Canister 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. 5 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the Holtec International HI-STORM Flood/
Wind Multipurpose Canister Storage System under the changes described 
in Amendment No. 5 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. 
1032 for the Holtec International HI-STORM Flood/Wind Multipurpose 
Canister Storage System, as currently listed in Sec.  72.214. The 
revision consists of the changes in Amendment No. 5 previously 
described, as set forth in the revised certificate of compliance and 
technical specifications.
    Amendment No. 5 to Certificate of Compliance No. 1032 for the 
Holtec International HI-STORM Flood/Wind Multipurpose Canister 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. 5 applies only to new casks fabricated and used under 
Amendment No. 5. These changes do not affect existing users of the 
Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage 
System, and previous

[[Page 28483]]

amendments continue to be effective for existing users. While current 
users of this storage system may comply with the new requirements in 
Amendment No. 5, this would be a voluntary decision on the part of 
current users.
    For these reasons, Amendment No. 5 to Certificate of Compliance No. 
1032 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.

------------------------------------------------------------------------
                                                   Adams Accession No./
                    Document                         Web link/ Federal
                                                     Register Citation
------------------------------------------------------------------------
Holtec International HI-STORM Flood/Wind          ML18179A100 (package).
 Multipurpose Canister Storage System, Amendment
 5 Resubmittal dated June 15, 2018.
Holtec International Modification to Requested    ML18268A139.
 Changes on HI-STORM Flood/Wind Multipurpose
 Canister Storage System, Amendment 5 Request
 dated September 20, 2018.
Holtec International HI-STORM Flood/Wind          ML19108A081 (package).
 Multipurpose Canister Storage System, Amendment
 5 Response to Request for Supplemental
 Information dated April 1, 2019.
Holtec International HI-STORM Flood/Wind          ML19127A267 (package).
 Multipurpose Canister Storage System, Amendment
 5 Request for Supplemental Information 6-1 for
 Certificate of Compliance No. 1032 dated April
 30, 2019.
Submittal of Holtec International Certificate of  ML19177A239 (package).
 Compliance No. 1032 dated June 14, 2019.
Holtec International HI-STORM Flood/Wind          ML19289A626 (package).
 Multipurpose Canister Storage System, Amendment
 5 Response to Request for Additional
 Information--Batch 1 dated October 4, 2019.
Holtec International HI-STORM Flood/Wind          ML19317D392 (package).
 Multipurpose Canister Storage System, Amendment
 5 Response to Request for Additional
 Information--Batch 2 dated October 21, 2019.
Holtec International HI-STORM Flood/Wind          ML20002A643 (package).
 Multipurpose Canister Storage System, Amendment
 5 Consolidated Changed Pages dated December 18,
 2019.
Memo re User Need for Rulemaking for the Holtec   ML20014E617.
 International HI-STORM Flood/Wind Multipurpose
 Canister Storage System, Amendment No. 5 dated
 February 14, 2020.
Draft Proposed Certificate of Compliance No.      ML20014E618.
 1032, Amendment 5.
Proposed Certificate of Compliance No. 1032,      ML20014E619.
 Amendment 5--Appendix A, Technical
 Specifications.
Proposed Certificate of Compliance No. 1032,      ML20014E620.
 Amendment 5--Appendix B.
Preliminary Certificate of Compliance No. 1032,   ML20014E621.
 Amendment 5--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-2020-0050. The Federal 
Rulemaking website allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
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List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, Spent fuel, Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following 
amendments to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.


0
2. In Sec.  72.214, Certificate of Compliance No. 1032 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1032.
    Initial Certificate Effective Date: June 13, 2011, superseded by 
Amendment Number 0, Revision 1, on April 25, 2016.
    Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
    Amendment Number 1 Effective Date: December 17, 2014, superseded by 
Amendment Number 1, Revision 1, on June 2, 2015.
    Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
    Amendment Number 2 Effective Date: November 7, 2016.
    Amendment Number 3 Effective Date: September 11, 2017.
    Amendment Number 4 Effective Date: July 14, 2020.
    Amendment Number 5 Effective Date: July 27, 2020.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the Holtec 
International HI-STORM FW System.
    Docket Number: 72-1032.
    Certificate Expiration Date: June 12, 2031.
    Model Number: HI-STORM FW MPC-37, MPC-89.
* * * * *

    Dated this 29th day of April, 2020.


[[Page 28484]]


    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-10087 Filed 5-12-20; 8:45 am]
BILLING CODE 7590-01-P