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 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 If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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 http://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 http://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 http://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 http:// 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 http://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]


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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.

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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 http://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 http://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 http://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 http://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 http://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]
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