List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment No. 15, 16291-16296 [2021-06330]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
decisions made by the aforementioned
bodies at his or her discretion.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2021–06207 Filed 3–26–21; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2020–0257]
RIN 3150–AK53
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Amendment No.
15
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 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 15 to
Certificate of Compliance No. 1014.
Amendment No. 15 amends the
certificate of compliance to add a new
overpack and a new transfer cask, revise
allowed content for storage, and make
other changes to the storage system.
DATES: This direct final rule is effective
June 14, 2021, unless significant adverse
comments are received by April 28,
2021. If this direct final rule is
withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register. Comments received
after this date will be considered if it is
practical to do so, but the NRC is able
to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0221. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
SUMMARY:
VerDate Sep<11>2014
16:24 Mar 26, 2021
Jkt 253001
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.
INFORMATION CONTACT
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–
0257 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–2020–0257.
• 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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
16291
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.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2020–0257 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Rulemaking Procedure
This rule is limited to the changes
contained in Amendment No. 15 to
Certificate of Compliance No. 1014 and
does not include other aspects of the
Holtec International HI–STORM 100
Cask System design. The NRC is using
the ‘‘direct final rule procedure’’ to
issue this amendment because it
represents a limited and routine change
to an existing certificate of compliance
that is expected to be non-controversial.
The NRC has determined that, with the
requested changes, adequate protection
of public health and safety will continue
to be reasonably assured. The
amendments to the rule will become
effective on June 14, 2021. However, if
the NRC receives significant adverse
comments on this direct final rule by
E:\FR\FM\29MRR1.SGM
29MRR1
16292
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
April 28, 2021, then the NRC will
publish a document that withdraws this
action and will subsequently address
the comments received in a final rule as
a response to the companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register. Absent significant
modifications to the proposed revisions
requiring republication, the NRC will
not initiate a second comment period on
this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC.
(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 ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under Section 219(a) [sic:
VerDate Sep<11>2014
16:24 Mar 26, 2021
Jkt 253001
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule that added a new
subpart K in part 72 of title 10 of the
Code of Federal Regulations (10 CFR)
entitled ‘‘General License for Storage of
Spent Fuel at Power Reactor Sites’’ (55
FR 29181; July 18, 1990). This rule also
established a new subpart L in 10 CFR
part 72 entitled ‘‘Approval of Spent Fuel
Storage Casks,’’ which contains
procedures and criteria for obtaining
NRC approval of spent fuel storage cask
designs. The NRC subsequently issued a
final rule on May 1, 2000 (65 FR 25241),
that approved the Holtec International
HI–STORM 100 Cask System and added
it to the list of NRC-approved cask
designs in § 72.214, ‘‘List of approved
spent fuel storage casks,’’ as Certificate
of Compliance No. 1014.
IV. Discussion of Changes
On March 20, 2019, Holtec
International submitted a request to
amend Certificate of Compliance No.
1014 for the HI–STORM 100 Cask
System. Holtec International
supplemented its request on September
16, 2019; April 28, 2020; May 15, 2020;
June 12, 2020; June 22, 2020; July 30,
2020; August 14, 2020; September 1,
2020; and September 25, 2020.
Amendment No. 15 revises the
certificate of compliance as follows:
1. Adds a new version of a transfer
cask, HI–TRAC MS (maximum
shielded), which includes an option for
variable weight of the lead and water
jacket and cooling passages to the
bottom lid. HI–TRAC MS is to be used
with all multipurpose canisters (MPCs)
approved for use in Amendment Nos. 0
through 14 to the HI–STORM 100
System and the newly proposed MPC–
32M, MPC–32 Version 1, and MPC–68
Version 1.
2. Includes MPC–32M for storage in
the HI–STORM 100 System.
3. Includes MPC–32 Version 1 and
MPC–68 Version 1 for storage in HI–
STORM 100 System.
4. Adds the new overpack, HI–
STORM 100S Version E, and allows it
to be used with all MPCs approved for
use in Amendment Nos. 0 through 14 to
the HI–STORM 100 System and the
newly proposed MPC–32M, MPC–32
Version 1, and MPC–68 Version 1.
5. Adds three additional boiling water
reactor fuel types to the approved
content for MPC–68M: 10x10I, 10x10J,
and 11x11A.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
6. Lowers the allowed ambient
temperature from 80 °F to 70 °F for HI–
STORM 100S Version E.
7. Adds HI–DRIP and dry ice jacket
ancillary system as additional cooling
when the MPC is loaded in the HI–
TRAC transfer cask.
8. Allows for partial gadolinium
credit for boiling water reactor fuel
assemblies types 10x10 and 11x11
assembly classes in MPC–68M.
9. Includes allowance for canisters
currently loaded under earlier
amendments which had different
helium leak test requirements.
10. Updates Drawing No. 7195 for the
MPC–68M by removing dimensions
which are not used in the safety
analysis.
11. Includes dry ice jacket as optional
alternate cooling method for short-term
operation of the loaded HI–TRAC.
Holtec International originally
proposed an additional change, which it
did not pursue and the staff did not
review. As Holtec International listed
this change as proposed change #9 and
the staff’s preliminary safety evaluation
report retained Holtec International’s
numbering, the preliminary safety
evaluation report refers to changes 9, 10,
and 11 as proposed changes 10, 11, and
12, respectively.
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 maintain
confinement, 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. 15
would remain well within the limits
specified by 10 CFR part 20, ‘‘Standards
for Protection 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 determined that the
amended Holtec International HI–
STORM 100 Cask System design, when
used under the conditions specified in
the certificate of compliance, the
technical specifications, and the NRC’s
regulations, will meet the requirements
E:\FR\FM\29MRR1.SGM
29MRR1
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
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 100
Cask System casks that meet the criteria
of Amendment No. 15 to Certificate of
Compliance No. 1014.
V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC will revise the Holtec International
HI–STORM 100 Cask System design
listed in § 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
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
State’s administrative procedure laws.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
VerDate Sep<11>2014
16:24 Mar 26, 2021
Jkt 253001
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 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 15 to
Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the Holtec
International HI–STORM 100 Cask
System design within the list of
approved spent fuel storage casks that
power reactor licensees can use to store
spent fuel at reactor sites under a
general license. Specifically,
Amendment No. 15 amends the
certificate of compliance as described in
Section IV, ‘‘Discussion of Changes,’’ of
this document, for the use of the Holtec
International HI–STORM 100 Cask
System.
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. 15 tiers off of the
environmental assessment for the July
18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The Holtec International HI–STORM
100 Cask System is designed to mitigate
the effects of design basis accidents that
could occur during storage. Design basis
accidents account for human-induced
events and the most severe natural
phenomena reported for the site and
surrounding area. Postulated accidents
analyzed for an independent spent fuel
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
16293
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
confinement, shielding, or criticality
control are maintained, 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. 15 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
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. 15
and not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into a Holtec International
HI–STORM 100 Cask System in
accordance with the changes described
in Amendment No. 15 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.
E. Alternative Use of Resources
Approval of Amendment No. 15 to
Certificate of Compliance No. 1014
E:\FR\FM\29MRR1.SGM
29MRR1
16294
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in the National
Environmental Policy Act of 1969, as
amended, and the NRC’s regulations in
subpart A of 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions.’’ Based on the
foregoing environmental assessment, the
NRC concludes that this direct final rule
entitled ‘‘List of Approved Spent Fuel
Storage Casks: Holtec International HI–
STORM 100 Cask System, Certificate of
Compliance No. 1014, Amendment No.
15’’ will not have a significant effect on
the human environment. Therefore, the
NRC has determined that an
environmental impact statement is not
necessary for this direct final rule.
IX. Paperwork Reduction Act
Statement
This direct final rule does not contain
any new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
approval number 3150–0132.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and Holtec International.
These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
Act or the size standards established by
the NRC (§ 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if (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 May 1, 2000 (65 FR
25241), the NRC issued an amendment
to 10 CFR part 72 that approved the
Holtec International HI–STORM 100
Cask System design by adding it to the
list of NRC-approved cask designs in
§ 72.214.
On March 20, 2019, and as
supplemented on September 16, 2019;
April 28, 2020; May 15, 2020; June 12,
2020; June 22, 2020; July 30, 2020;
August 14, 2020; September 1, 2020;
and September 25, 2020, Holtec
International submitted a request to
amend the HI–STORM 100 Cask System
as described in Section IV, ‘‘Discussion
of Changes,’’ of this document.
The alternative to this action is to
withhold approval of Amendment No.
15 and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the Holtec
International HI–STORM 100 Cask
System under the changes described in
Amendment No. 15 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; 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 amends Certificate of Compliance
No. 1014 for the Holtec International
HI–STORM 100 Cask System, as
currently listed in § 72.214. The
amendment consists of the changes in
Amendment No. 15 previously
described, as set forth in the revised
certificate of compliance and technical
specifications.
Amendment No. 15 to Certificate of
Compliance No. 1014 for the Holtec
International HI–STORM 100 Cask
System was initiated by Holtec
International and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Amendment No. 15 applies only to new
casks fabricated and used under
Amendment No. 15. These changes do
not affect existing users of the Holtec
International HI–STORM 100 Cask
System, and previous amendments
continue to be effective for existing
users. While current users of this storage
system may comply with the new
requirements in Amendment No. 15,
this would be a voluntary decision on
the part of existing users.
For these reasons, Amendment No. 15
to Certificate of Compliance No. 1014
does not constitute backfitting under
§ 72.62 or § 50.109(a)(1), or otherwise
represent an inconsistency with the
issue finality provisions applicable to
combined licenses in 10 CFR part 52.
Accordingly, the NRC has not prepared
a backfit analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
XIV. Availability of Documents
The documents identified in the
following table are available to
interested persons as indicated.
Document
ADAMS accession
No.
Submission of Holtec International HI–STORM 100 Cask System Certificate of Compliance No. 1014, Amendment 15
Request, dated March 20, 2019.
ML19092A192 (package).
VerDate Sep<11>2014
16:24 Mar 26, 2021
Jkt 253001
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
E:\FR\FM\29MRR1.SGM
29MRR1
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
16295
Document
ADAMS accession
No.
Submission of Response to the U.S. Nuclear Regulatory Commission Request for Supplemental Information for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated September 16, 2019.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated April 28,
2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Requests for Additional Information 3–1 and
3–6 for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System,
dated May 15, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information 8–1 for
Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated
June 12, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information 4–9 for
Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated
June 22, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Requests for Additional Information 6–1, 6–2,
6–7, 6–8 and 11–1 for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100
Cask System, dated July 30, 2020.
Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated August
14, 2020.
Submission of Supplement to Holtec International’s Request for Amendment 15 to Certificate of Compliance No. 1014
for Holtec International HI–STORM 100 Cask System, dated September 1, 2020.
Submission of Supplement to Holtec International’s Request for Amendment 15 to Certificate of Compliance No. 1014
for Holtec International HI–STORM 100 Cask System, dated September 25, 2020.
User Need Memorandum for Rulemaking for the Holtec International HI–STORM 100 Cask System, Amendment No. 15
to Certificate of Compliance No. 1014, dated January 27, 2021.
Proposed CoC 1014 Amendment No. 15 CoC .......................................................................................................................
Proposed CoC 1014 Amendment No. 15 Appendix A ............................................................................................................
Proposed CoC 1014 Amendment No. 15 Appendix B ............................................................................................................
Proposed CoC 1014 Amendment No. 15 Appendix C ...........................................................................................................
Proposed CoC 1014 Amendment No. 15 Appendix D ...........................................................................................................
Proposed CoC 1014 Amendment No. 15 Appendix A–100U .................................................................................................
Proposed CoC 1014 Amendment No. 15 Appendix B–100U .................................................................................................
Preliminary CoC 1014 Amendment No. 15 Safety Evaluation Report ...................................................................................
ML19277G818 (package).
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–2020–0257.
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
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, revise Certificate of
Compliance 1014 to read as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
VerDate Sep<11>2014
16:24 Mar 26, 2021
Jkt 253001
*
*
*
*
Certificate Number: 1014.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
ML20128J292 (package).
ML20136A475 (package).
ML20164A294 (package).
ML20174A397 (package).
ML20213C679 (package).
ML20229A001 (package).
ML20245E462 (package).
ML20269A425 (package).
ML20295A413.
ML20295A415.
ML20295A416.
ML20295A417.
ML20295A418.
ML20295A419.
ML20295A420.
ML20295A421.
ML20295A422.
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 Number 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).
E:\FR\FM\29MRR1.SGM
29MRR1
16296
Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
Amendment Number 10 Effective
Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
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).
Amendment Number 15 Effective
Date: June 14, 2021.
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 this March 16, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021–06330 Filed 3–26–21; 8:45 am]
necessary due to the planned
decommissioning of the VOR portion of
the Marion, IL, VOR/Distance
Measuring Equipment (VOR/DME)
navigation aid (NAVAID). With the
exception of the RNAV route T–312, the
Marion VOR/DME NAVAID provides
navigation guidance for portions of the
affected ATS routes. The VOR is being
decommissioned as part of the FAA’s
VOR Minimum Operational Network
(MON) program.
Effective date 0901 UTC, June
17, 2021. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.11 and publication of
conforming amendments.
DATES:
FAA Order 7400.11E,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at https://
www.faa.gov/air_traffic/publications/.
For further information, you can contact
the Rules and Regulations Group,
Federal Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of FAA
Order 7400.11E at NARA, email:
fedreg.legal@nara.gov or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
14 CFR Part 71
Authority for This Rulemaking
[Docket No. FAA–2020–0944; Airspace
Docket No. 20–ACE–26]
RIN 2120–AA66
Amendment of V–67, V–190, and V–
429; Establishment of T–312; and
Revocation of V–125 and V–335 in the
Vicinity of Marion, IL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends VHF
Omnidirectional Range (VOR) Federal
airways V–67, V–190, and V–429;
establishes Area Navigation (RNAV)
route T–312; and removes VOR Federal
airways V–125 and V–335 in the
vicinity of Marion, IL. The Air Traffic
Service (ATS) route modifications are
SUMMARY:
VerDate Sep<11>2014
16:24 Mar 26, 2021
Jkt 253001
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it modifies the
route structure as necessary to preserve
the safe and efficient flow of air traffic
within the National Airspace System.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
History
The FAA published a notice of
proposed rulemaking (NPRM) for
Docket No. FAA–2020–0944 in the
Federal Register (85 FR 70532;
November 5, 2020), amending VOR
Federal airways V–67, V–190, and V–
429; establishing RNAV route T–312;
and removing VOR Federal airways V–
125 and V–335 in the vicinity of
Marion, IL. The proposed amendment,
establishment, and revocation actions
were due to the planned
decommissioning of the VOR portion of
the Marion, IL, VOR/DME NAVAID.
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal. No comments were received.
Subsequent to the NPRM, the FAA
published a NPRM correction for Docket
No. FAA–2020–0944 in the Federal
Register (85 FR 72612; November 13,
2020), correcting the airspace docket
number for this action that was
published in the NPRM. The correction
changed all of the airspace docket
number references from ‘‘20–AGL–26’’
to ‘‘20–ACE–26.’’ The correct airspace
docket number for this action is 20–
ACE–26 and is included in this rule.
VOR Federal airways are published in
paragraph 6010(a) and RNAV T-routes
are published in paragraph 6011 of FAA
Order 7400.11E, dated July 21, 2020,
and effective September 15, 2020, which
is incorporated by reference in 14 CFR
71.1. The VOR Federal airways listed in
this document will be subsequently
published in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020,
and effective September 15, 2020. FAA
Order 7400.11E is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Rule
The FAA is amending 14 CFR part 71
by modifying VOR Federal airways V–
67, V–190, and V–429; establishing
RNAV route T–312; and removing VOR
Federal airways V–125 and V–335. The
planned decommissioning of the VOR
portion of the Marion, IL, VOR/DME
NAVAID has made this action
necessary.
The VOR Federal airway changes are
outlined below.
V–67: V–67 extends between the Choo
Choo, TN, VOR/Tactical Air Navigation
E:\FR\FM\29MRR1.SGM
29MRR1
]]>Agencies
[Federal Register Volume 86, Number 58 (Monday, March 29, 2021)]
[Rules and Regulations]
[Pages 16291-16296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06330]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2020-0257]
RIN 3150-AK53
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 15
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Holtec International HI-
STORM 100 Cask System listing within the ``List of approved spent fuel
storage casks'' to include Amendment No. 15 to Certificate of
Compliance No. 1014. Amendment No. 15 amends the certificate of
compliance to add a new overpack and a new transfer cask, revise
allowed content for storage, and make other changes to the storage
system.
DATES: This direct final rule is effective June 14, 2021, unless
significant adverse comments are received by April 28, 2021. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0221. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
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-2020-0257 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-2020-0257.
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.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2020-0257 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
This rule is limited to the changes contained in Amendment No. 15
to Certificate of Compliance No. 1014 and does not include other
aspects of the Holtec International HI-STORM 100 Cask System design.
The NRC is using the ``direct final rule procedure'' to issue this
amendment because it represents a limited and routine change to an
existing certificate of compliance that is expected to be non-
controversial. The NRC has determined that, with the requested changes,
adequate protection of public health and safety will continue to be
reasonably assured. The amendments to the rule will become effective on
June 14, 2021. However, if the NRC receives significant adverse
comments on this direct final rule by
[[Page 16292]]
April 28, 2021, then the NRC will publish a document that withdraws
this action and will subsequently address the comments received in a
final rule as a response to the companion proposed rule published in
the Proposed Rules section of this issue of the Federal Register.
Absent significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(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 ``[t]he 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 that added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 Cask System and added it to the list of NRC-approved cask
designs in Sec. 72.214, ``List of approved spent fuel storage casks,''
as Certificate of Compliance No. 1014.
IV. Discussion of Changes
On March 20, 2019, Holtec International submitted a request to
amend Certificate of Compliance No. 1014 for the HI-STORM 100 Cask
System. Holtec International supplemented its request on September 16,
2019; April 28, 2020; May 15, 2020; June 12, 2020; June 22, 2020; July
30, 2020; August 14, 2020; September 1, 2020; and September 25, 2020.
Amendment No. 15 revises the certificate of compliance as follows:
1. Adds a new version of a transfer cask, HI-TRAC MS (maximum
shielded), which includes an option for variable weight of the lead and
water jacket and cooling passages to the bottom lid. HI-TRAC MS is to
be used with all multipurpose canisters (MPCs) approved for use in
Amendment Nos. 0 through 14 to the HI-STORM 100 System and the newly
proposed MPC-32M, MPC-32 Version 1, and MPC-68 Version 1.
2. Includes MPC-32M for storage in the HI-STORM 100 System.
3. Includes MPC-32 Version 1 and MPC-68 Version 1 for storage in
HI-STORM 100 System.
4. Adds the new overpack, HI-STORM 100S Version E, and allows it to
be used with all MPCs approved for use in Amendment Nos. 0 through 14
to the HI-STORM 100 System and the newly proposed MPC-32M, MPC-32
Version 1, and MPC-68 Version 1.
5. Adds three additional boiling water reactor fuel types to the
approved content for MPC-68M: 10x10I, 10x10J, and 11x11A.
6. Lowers the allowed ambient temperature from 80 [deg]F to 70
[deg]F for HI-STORM 100S Version E.
7. Adds HI-DRIP and dry ice jacket ancillary system as additional
cooling when the MPC is loaded in the HI-TRAC transfer cask.
8. Allows for partial gadolinium credit for boiling water reactor
fuel assemblies types 10x10 and 11x11 assembly classes in MPC-68M.
9. Includes allowance for canisters currently loaded under earlier
amendments which had different helium leak test requirements.
10. Updates Drawing No. 7195 for the MPC-68M by removing dimensions
which are not used in the safety analysis.
11. Includes dry ice jacket as optional alternate cooling method
for short-term operation of the loaded HI-TRAC.
Holtec International originally proposed an additional change,
which it did not pursue and the staff did not review. As Holtec
International listed this change as proposed change #9 and the staff's
preliminary safety evaluation report retained Holtec International's
numbering, the preliminary safety evaluation report refers to changes
9, 10, and 11 as proposed changes 10, 11, and 12, respectively.
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 maintain confinement, 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. 15 would remain well within
the limits specified by 10 CFR part 20, ``Standards for Protection
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 determined that the amended Holtec International HI-STORM
100 Cask System design, when used under the conditions specified in the
certificate of compliance, the technical specifications, and the NRC's
regulations, will meet the requirements
[[Page 16293]]
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 100 Cask
System casks that meet the criteria of Amendment No. 15 to Certificate
of Compliance No. 1014.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC will revise
the Holtec International HI-STORM 100 Cask System design listed in
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 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 State's administrative procedure laws.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
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 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 15 to
Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
Holtec International HI-STORM 100 Cask System design within the list of
approved spent fuel storage casks that power reactor licensees can use
to store spent fuel at reactor sites under a general license.
Specifically, Amendment No. 15 amends the certificate of compliance as
described in Section IV, ``Discussion of Changes,'' of this document,
for the use of the Holtec International HI-STORM 100 Cask System.
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. 15 tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act of 1969, as amended.
The Holtec International HI-STORM 100 Cask System is designed to
mitigate the effects of design basis accidents that could occur during
storage. Design basis accidents account for human-induced events and
the most severe natural phenomena reported for the site and surrounding
area. Postulated accidents analyzed for an independent spent fuel
storage installation, the type of facility at which a holder of a power
reactor operating license would store spent fuel in casks in accordance
with 10 CFR part 72, 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 confinement, shielding, or criticality control
are maintained, 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.
15 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 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.
15 and not issue the direct final rule. Consequently, any 10 CFR part
72 general licensee that seeks to load spent nuclear fuel into a Holtec
International HI-STORM 100 Cask System in accordance with the changes
described in Amendment No. 15 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. 15 to Certificate of Compliance No. 1014
[[Page 16294]]
would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule entitled
``List of Approved Spent Fuel Storage Casks: Holtec International HI-
STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment
No. 15'' 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 May
1, 2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72
that approved the Holtec International HI-STORM 100 Cask System design
by adding it to the list of NRC-approved cask designs in Sec. 72.214.
On March 20, 2019, and as supplemented on September 16, 2019; April
28, 2020; May 15, 2020; June 12, 2020; June 22, 2020; July 30, 2020;
August 14, 2020; September 1, 2020; and September 25, 2020, Holtec
International submitted a request to amend the HI-STORM 100 Cask System
as described in Section IV, ``Discussion of Changes,'' of this
document.
The alternative to this action is to withhold approval of Amendment
No. 15 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the Holtec International HI-STORM 100 Cask
System under the changes described in Amendment No. 15 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; 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 amends Certificate of Compliance No.
1014 for the Holtec International HI-STORM 100 Cask System, as
currently listed in Sec. 72.214. The amendment consists of the changes
in Amendment No. 15 previously described, as set forth in the revised
certificate of compliance and technical specifications.
Amendment No. 15 to Certificate of Compliance No. 1014 for the
Holtec International HI-STORM 100 Cask System was initiated by Holtec
International and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 15 applies
only to new casks fabricated and used under Amendment No. 15. These
changes do not affect existing users of the Holtec International HI-
STORM 100 Cask System, and previous amendments continue to be effective
for existing users. While current users of this storage system may
comply with the new requirements in Amendment No. 15, this would be a
voluntary decision on the part of existing users.
For these reasons, Amendment No. 15 to Certificate of Compliance
No. 1014 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 as indicated.
------------------------------------------------------------------------
Document ADAMS accession No.
------------------------------------------------------------------------
Submission of Holtec International HI- ML19092A192 (package).
STORM 100 Cask System Certificate of
Compliance No. 1014, Amendment 15
Request, dated March 20, 2019.
[[Page 16295]]
Submission of Response to the U.S. Nuclear ML19277G818 (package).
Regulatory Commission Request for
Supplemental Information for Amendment 15
to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask
System, dated September 16, 2019.
Submission of Response to the U.S. Nuclear ML20128J292 (package).
Regulatory Commission for Request for
Additional Information for Amendment 15
to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask
System, dated April 28, 2020.
Submission of Response to the U.S. Nuclear ML20136A475 (package).
Regulatory Commission for Requests for
Additional Information 3-1 and 3-6 for
Amendment 15 to Certificate of Compliance
No. 1014 for Holtec International HI-
STORM 100 Cask System, dated May 15, 2020.
Submission of Response to the U.S. Nuclear ML20164A294 (package).
Regulatory Commission for Request for
Additional Information 8-1 for Amendment
15 to Certificate of Compliance No. 1014
for Holtec International HI-STORM 100
Cask System, dated June 12, 2020.
Submission of Response to the U.S. Nuclear ML20174A397 (package).
Regulatory Commission for Request for
Additional Information 4-9 for Amendment
15 to Certificate of Compliance No. 1014
for Holtec International HI-STORM 100
Cask System, dated June 22, 2020.
Submission of Response to the U.S. Nuclear ML20213C679 (package).
Regulatory Commission for Requests for
Additional Information 6-1, 6-2, 6-7, 6-8
and 11-1 for Amendment 15 to Certificate
of Compliance No. 1014 for Holtec
International HI-STORM 100 Cask System,
dated July 30, 2020.
Submission of Response to the U.S. Nuclear ML20229A001 (package).
Regulatory Commission for Request for
Additional Information for Amendment 15
to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask
System, dated August 14, 2020.
Submission of Supplement to Holtec ML20245E462 (package).
International's Request for Amendment 15
to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask
System, dated September 1, 2020.
Submission of Supplement to Holtec ML20269A425 (package).
International's Request for Amendment 15
to Certificate of Compliance No. 1014 for
Holtec International HI-STORM 100 Cask
System, dated September 25, 2020.
User Need Memorandum for Rulemaking for ML20295A413.
the Holtec International HI-STORM 100
Cask System, Amendment No. 15 to
Certificate of Compliance No. 1014, dated
January 27, 2021.
Proposed CoC 1014 Amendment No. 15 CoC.... ML20295A415.
Proposed CoC 1014 Amendment No. 15 ML20295A416.
Appendix A.
Proposed CoC 1014 Amendment No. 15 ML20295A417.
Appendix B.
Proposed CoC 1014 Amendment No. 15 ML20295A418.
Appendix C.
Proposed CoC 1014 Amendment No. 15 ML20295A419.
Appendix D.
Proposed CoC 1014 Amendment No. 15 ML20295A420.
Appendix A-100U.
Proposed CoC 1014 Amendment No. 15 ML20295A421.
Appendix B-100U.
Preliminary CoC 1014 Amendment No. 15 ML20295A422.
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-2020-0257.
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, revise Certificate of Compliance 1014 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 Number 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).
[[Page 16296]]
Amendment Number 10 Effective Date: May 31, 2016, as corrected
(ADAMS Accession No. ML17236A452).
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).
Amendment Number 15 Effective Date: June 14, 2021.
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 this March 16, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-06330 Filed 3-26-21; 8:45 am]
BILLING CODE 7590-01-P
