List of Approved Spent Fuel Storage Casks: Holtec International HI-STAR 100 Cask System, Certificate of Compliance No. 1008, Renewal of Initial Certificate and Amendment Nos. 1, 2, and 3, 54341-54347 [2021-21427]

Download as PDF Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations NUCLEAR REGULATORY COMMISSION SUPPLEMENTARY INFORMATION FOR FURTHER INFORMATION CONTACT: 10 CFR Part 72 [NRC–2021–0135] RIN 3150–AK68 List of Approved Spent Fuel Storage Casks: Holtec International HI–STAR 100 Cask System, Certificate of Compliance No. 1008, Renewal of Initial Certificate and Amendment Nos. 1, 2, and 3 Table of Contents The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI– STAR 100 Cask System listing within the ‘‘List of approved spent fuel storage casks’’ to renew, for an additional 40 years, the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008. The renewal of the initial certificate and Amendment Nos. 1, 2, and 3 revises the certificate of compliance’s conditions and technical specifications to address aging management activities related to the structures, systems, and components of the dry storage system to ensure that these will maintain their intended functions during the period of extended storage operations. DATES: This direct final rule is effective December 15, 2021, unless significant adverse comments are received by November 1, 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 If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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: Submit your comments, identified by Docket ID NRC–2021– 0135, at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUMMARY: 16:40 Sep 30, 2021 Kristina Banovac, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–7116, email: Kristina.Banovac@nrc.gov and Vanessa Cox, Office of Nuclear Material Safety and Safeguards, telephone: 301–415– 8342, email: Vanessa.Cox@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: VerDate Sep<11>2014 section of this document. Jkt 256001 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–2021– 0135 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–2021–0135. 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 INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 54341 • 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 Please include Docket ID NRC–2021– 0135 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. 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 renewal of the initial certificate and Amendment Nos. 1, 2, and 3 to Certificate of Compliance No. 1008 and does not include other aspects of the Holtec International HI–STAR 100 Cask System design. The NRC is using the ‘‘direct final rule procedure’’ to issue this renewal because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial. Adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on December 15, 2021. However, if the NRC receives any significant adverse comment on this direct final rule by November 1, 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 E:\FR\FM\01OCR1.SGM 01OCR1 54342 Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. 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 VerDate Sep<11>2014 16:40 Sep 30, 2021 Jkt 256001 subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on September 3, 1999 (64 FR 48259) that approved the HI–STAR 100 Cask System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1008. IV. Discussion of Changes On December 7, 2018, Holtec International submitted a request to the NRC to renew, for an additional 40 years, the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 for the HI–STAR 100 Cask System. Holtec International supplemented its request on June 28, 2019, October 10, 2019, December 12, 2019, June 1, 2020, June 11, 2020, November 13, 2020, and November 24, 2020. The renewal of the initial certificate and Amendment Nos. 1, 2, and 3 were conducted in accordance with the renewal provisions in § 72.240. This section of the NRC spent fuel storage regulations authorizes NRC staff to include any additional certificate conditions it deems necessary to ensure the safe operation of the cask during the certificate’s renewal period. The NRC included three additional conditions to the renewal of the initial certificate of compliance and Amendment Nos. 1, 2, and 3: • The submittal of an updated final safety analysis report (UFSAR) to address aging management activities resulting from the renewal of the certificate of compliance. This condition ensures that the UFSAR changes are made in a timely fashion to enable general licensees using the storage system during the period of extended operation to develop and implement necessary procedures. • The requirement that general licensees initiating or using spent fuel dry storage operations with the HI– STAR 100 Cask System ensure that their evaluations are included in the reports required by § 72.212, ‘‘Conditions of general license issued under § 72.210.’’ These reports will include appropriate considerations for the period of extended operation, a review of the UFSAR changes resulting from the certificate of compliance renewal, and a review of the NRC safety evaluation PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 report (SER) related to the certificate of compliance renewal. • The requirement that future amendments and revisions to this certificate of compliance include evaluations of the impacts to aging management activities to ensure that they remain adequate for any changes to the structures, systems, and components (SSCs). The NRC made one corresponding change to the technical specifications for the initial certificate of compliance and Amendment Nos. 1, 2, and 3 on the aging management program. The change added a new section, which ensures that general licensees using the storage system develop procedures to address aging management activities required in the period of extended operation. As documented in the preliminary SER, the NRC performed a safety evaluation of the proposed certificate of compliance renewal request. The NRC determined that this renewal does not change the cask design or fabrication requirements in the proposed certificate of compliance renewal request. 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. In addition, any resulting occupational exposure or offsite dose rates from the renewal of the initial certificate of compliance and Amendment Nos. 1, 2, and 3 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. In its SER for the renewal of the HI–STAR 100 Cask System, the NRC has determined that if the conditions specified in the certificate of compliance to implement these regulations are met, adequate protection of public health and safety will continue to be reasonably assured. This direct final rule revises the HI– STAR 100 Cask System listing in § 72.214 by renewing, for 40 more years, the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008. The renewal consists of the changes previously described, as set forth in the renewed initial certificate and amendments and their revised technical specifications. The revised technical specifications are identified in the SER. E:\FR\FM\01OCR1.SGM 01OCR1 Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC revises the Holtec International HI–STAR 100 Cask System 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). 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 VerDate Sep<11>2014 16:40 Sep 30, 2021 Jkt 256001 made a finding of no significant impact on the basis of this environmental assessment. A. The Action The action is to amend § 72.214 to revise the Holtec International HI–STAR 100 Cask System listing within the ‘‘List of approved spent fuel storage casks’’ to renew, for an additional 40 years, the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008. B. The Need for the Action This direct final rule renews the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 for the Holtec International HI–STAR 100 Cask System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, this rule extends the expiration date for the Holtec International HI–STAR 100 Cask System certificate for an additional 40 years, allowing a power reactor licensee to continue using it under general license provisions in an independent spent fuel storage installation to store spent fuel in dry casks in accordance with 10 CFR part 72. 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 the renewal of the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 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. As required by § 72.240, applications for renewal of a spent fuel storage certificate of compliance design are required to demonstrate that SSCs important to safety will continue to perform their intended function for the requested renewal term. As discussed in the NRC staff’s SER for the renewal of the initial certificate and Amendment Nos. 1, 2, and 3, the NRC staff has approved conditions in the renewed initial certificate and Amendment Nos. 1, 2, and 3 requiring the general licensee to implement the aging management PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 54343 activities described in the renewal application and incorporated into the UFSAR. These conditions ensure that the Holtec International HI–STAR 100 Cask System will continue to perform its intended safety functions and provide reasonable assurance of adequate protection of public health and safety throughout the renewal period. Incremental impacts from continued use of the HI–STAR 100 Cask System under a general license for an additional 40 years are not considered significant. When the general licensee follows all procedures and administrative controls, including the conditions established because of this renewal, no effluents are expected from the sealed dry cask systems. Activities associated with cask loading and decontamination may result in some small incremental liquid and gaseous effluents, but these activities will be conducted under 10 CFR parts 50 and 52 reactor operating licenses, and effluents will be controlled within existing reactor site technical specifications. Because reactor sites are relatively large, any incremental offsite doses due to direct radiation exposure from the spent fuel storage casks are expected to be small, and when combined with the contribution from reactor operations, well within the annual dose equivalent of 0.25 mSv (25 mrem) limit to the whole body specified in § 72.104. Incremental impacts on collective occupational exposures due to dry cask spent fuel storage are expected to be only a small fraction of the exposures from operation of the nuclear power station. The HI–STAR 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 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. During the promulgation of the amendments that added subpart K to 10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the public health consequences of dry cask storage accidents and sabotage events. In the supporting analyses for these amendments, the NRC staff determined that a release from a dry cask storage system would be comparable in magnitude to a release from the same quantity of fuel in a spent fuel storage pool. As a result of these evaluations, E:\FR\FM\01OCR1.SGM 01OCR1 54344 Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations the NRC staff determined that, because of the physical characteristics of the storage casks and conditions of storage that include specific security provisions, the potential risk to public health and safety due to accidents or sabotage is very small. Considering the specific design requirements for each accident or sabotage condition, the design of the cask would maintain confinement, shielding, and criticality control. If confinement, shielding, and criticality control are maintained, the environmental impacts from an accident would be insignificant. There are no changes to cask design or fabrication requirements in the renewed initial certificate or Amendment Nos. 1, 2, and 3. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of the renewal of the initial certificate and Amendment Nos. 1, 2, and 3 would remain well within the 10 CFR part 20 limits. Decommissioning of dry cask spent fuel storage systems under a general license would be carried out as part of a power reactor’s site decommissioning plan. In general, decommissioning would consist of removing the spent fuel from the site, decontaminating cask surfaces, and decontaminating and dismantling the independent spent fuel storage installation where the casks were deployed. Under normal and offnormal operating conditions, no residual contamination is expected to be left behind on supporting structures. The incremental impacts associated with decommissioning dry cask storage installations are expected to represent a small fraction of the impacts of decommissioning an entire nuclear power station. In summary, the proposed 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. Compliance with the requirements of 10 CFR parts 20 and 72 would provide reasonable assurance that adequate protection of public health and safety will continue. The NRC, in its SER for the renewal of the HI–STAR 100 Cask System, has determined if the conditions specified in the certificate of compliance to implement these regulations are met, adequate protection of public health and safety will continue to be reasonably assured. Based on the previously stated assessments and its SER for the VerDate Sep<11>2014 16:40 Sep 30, 2021 Jkt 256001 requested renewal of the HI–STAR 100 Cask System certificates, the NRC has determined that the expiration date of this system in 10 CFR 72.214 can be safely extended for an additional 40 years, and that commercial nuclear power reactor licensees can continue using the system during this period under a general license without significant impacts on the human environment. D. Alternative to the Action The alternative to this action is to deny approval of the renewal and not issue the direct final rule. Under this alternative, the NRC would either (1) require general licensees using the HI– STAR 100 Cask System to unload the spent fuel from these systems and either return it to a spent fuel pool or re-load it into a different dry storage cask system listed in § 72.214; or (2) require that users of the existing HI–STAR 100 Cask System request site-specific licensing proceedings to continue storage in these systems. The environmental impacts of requiring the licensee to unload the spent fuel and either return it to the spent fuel pool or re-load it into another NRC-approved cask system would result in increased radiological doses to workers. These increased doses would be due primarily to direct radiation from the casks while the workers unloaded, transferred, and re-loaded the spent fuel. These activities would consist of transferring the dry storage canisters to a cask-handling building, opening the canister lid welds, returning the canister to a spent fuel pool or dry transfer facility, removing the fuel assemblies, and re-loading them, either into a spent fuel pool storage rack or another NRCapproved dry storage system. In addition to the increased occupational doses to workers, these activities may also result in additional liquid or gaseous effluents. Alternatively, users of the dry cask storage system would need to apply for a site-specific license. Under this option for implementing the no-action alternative, interested licensees would have to prepare, and the NRC would have to review, each separate license application, thereby increasing the administrative burden upon the NRC and the costs to each licensee. In summary, the no-action alternative would entail either (1) more environmental impacts than the preferred action from transferring the spent fuel now in the HI–STAR 100 Cask System; or (2) cost and administrative impacts from multiple licensing actions that, in aggregate, are PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 likely to be the same as, or more likely greater than, the preferred action. E. Alternative Use of Resources Renewal of the initial certificate and Amendment Nos. 1, 2, and 3 to Certificate of Compliance No. 1008 would result in no irreversible commitment of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 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, ‘‘List of Approved Spent Fuel Storage Casks: Holtec International HI– STAR 100 Cask System, Certificate of Compliance No. 1008, Renewal of Initial Certificate and Amendment Nos. 1, 2, and 3,’’ will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget, approval number 3150–0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec International. E:\FR\FM\01OCR1.SGM 01OCR1 Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations 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 September 3, 1999 (64 FR 48259), the NRC issued an amendment to 10 CFR part 72 that approved the HI–STAR 100 Cask System design by adding it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1008. On December 7, 2018, Holtec International requested a renewal of the initial certificate and Amendment Nos. 1, 2, and 3 of the HI–STAR 100 Cask System for an additional 40 years beyond the initial certificate term. Holtec International supplemented its request on June 28, 2019, October 10, 2019, December 12, 2019, June 1, 2020, June 11, 2020, November 13, 2020, and November 24, 2020. Because Holtec International filed its renewal application at least 30 days before the certificate expiration date of October 4, 2019, pursuant to the timely renewal provisions in § 72.240(b), the initial issuance of the certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 did not expire. The alternative to this action is to deny approval of the renewal of the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 and end this direct final rule. Under this alternative, the NRC would either (1) require general licensees using the HI–STAR 100 Cask System to unload spent fuel from these systems and return it to a spent fuel pool or reload it into a different dry storage cask system listed in 10 CFR 72.214; or 2) require that users of the existing HI– STAR 100 Cask System request sitespecific licensing proceedings to continue storage in these systems. Therefore, the no-action alternative would result in a significant burden on licensees and an additional inspection or licensing caseload on the NRC. In addition, the no-action alternative VerDate Sep<11>2014 16:40 Sep 30, 2021 Jkt 256001 would entail either (1) more environmental impacts than the preferred action from transferring the spent fuel now in the HI–STAR 100 Cask System; or (2) cost and administrative impacts from multiple licensing actions that, in aggregate, are likely to be the same as, or more likely greater than, the preferred action. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary SER 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 revises Certificate of Compliance No. 1008 for the Holtec International HI–STAR 100 Cask System, as currently listed in § 72.214, to extend the expiration date of the initial certificate and Amendment Nos. 1, 2, and 3 by 40 years. The renewed initial certificate and Amendment Nos. 1, 2, and 3 consist of the changes previously described, as set forth in the renewed certificate of compliance and technical specifications. Extending the effective date of the initial certificate and Amendment Nos. 1, 2, and 3 for 40 more years and requiring the implementation of aging management activities does not impose any modification or addition to the design of a cask system’s SSCs, or to the procedures or organization required to operate the system during the initial 20year storage period of the system, as authorized by the current certificate. General licensees that have loaded these casks, or that load these casks in the future under the specifications of the applicable certificate, may continue to store spent fuel in these systems for the initial 20-year storage period consistent with the original certificate. The aging management activities required to be implemented by this renewal are only required after the storage cask system’s initial 20-year service period ends. As explained in the 2011 final rule that amended 10 CFR part 72 (76 FR 8872, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 54345 Question I), the general licensee’s authority to use a particular storage cask design under an approved certificate of compliance terminates 20 years after the date that the general licensee first loads the particular cask with spent fuel, unless the cask’s certificate of compliance is renewed. Because this rulemaking renews the initial certificate and Amendment Nos. 1, 2, and 3, and renewal is a separate licensing action voluntarily implemented by vendors, the renewal of the initial certificate and Amendment Nos. 1, 2, and 3 is not an imposition of new or changed requirements from which these licensees would otherwise be protected by the backfitting provisions in § 72.62. Even if renewal of the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 could be considered a backfit, Holtec International, as the holder of the certificate of compliance and vendor of the casks, is not protected by the backfitting provisions in § 72.62. Unlike a vendor, general licensees using the existing systems subject to this renewal would be protected by the backfitting provisions in § 72.62 if the renewal constituted new or changed requirements applicable during the initial 20-year storage period. But, as previously explained, renewal of the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 does not impose such requirements. The general licensee using the initial certificate or Amendment Nos. 1, 2, or 3 of Certificate of Compliance No. 1008 may continue storing material in their respective cask systems for the initial 20-year storage period identified in the applicable certificate or amendment with no changes. If general licensees choose to continue to store spent fuel in HI–STAR 100 Cask Systems after the initial 20year period, these general licensees will be required to implement aging management activities for any cask systems subject to a renewed certificate of compliance, but such continued use is voluntary. For these reasons, renewing the initial certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008, and imposing the additional conditions previously discussed, does not constitute backfitting under § 72.62, 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. E:\FR\FM\01OCR1.SGM 01OCR1 54346 Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations XIII. Congressional Review Act XIV. Availability of Documents This direct final rule is not a rule as defined in the Congressional Review Act. The documents identified in the following table are available to interested persons as indicated. Document ADAMS accession No. Holtec International HI–STAR 100 Storage System, Certificate of Compliance No. 1008 Renewal Application, dated December 7, 2018. Holtec International Response to the Request for Supplemental Information on the Renewal of the HI–STAR 100 Storage System, Certificate of Compliance No. 1008, dated June 28, 2019. Holtec International Submittal of Supplemental Information Related to Request for Supplemental Information on the Renewal of the HI–STAR 100 Storage System, Certificate of Compliance No. 1008, dated October 10, 2019. Holtec International HI–STAR 100 Storage System, Certificate of Compliance No. 1008 Renewal, Updated NonProprietary Documents, dated December 12, 2019. Holtec International Response to the Request for Additional Information on the Renewal of the HI–STAR 100 Storage System, Certificate of Compliance No. 1008, dated June 1, 2020. Holtec International Response to the Request for Additional Information on the Renewal of the HI–STAR 100 Storage System, Certificate of Compliance No. 1008, dated June 11, 2020. Holtec International Response to the Request for Clarification of Additional Information on the Renewal of the HI– STAR 100 Storage System, Certificate of Compliance No. 1008, dated November 13, 2020. Holtec International Response to the Request for Clarification of Additional Information on the Renewal of the HI– STAR 100 Storage System, Certificate of Compliance No. 1008, Updated Attachment, dated November 24, 2020. User Need Memorandum for Rulemaking for Certificate of Compliance No. 1008 Renewal, Initial Issue, Amendment Numbers 1, 2, and 3 to HI–STAR 100 Cask System, dated June 28, 2021. Proposed Certificate of Compliance No. 1008, Renewed Amendment No. 0 ............................................................... Proposed Technical Specifications (Appendix A) for Certificate of Compliance No. 1008, Renewed Amendment No. 0. Proposed Technical Specifications (Appendix B) for Certificate of Compliance No. 1008, Renewed Amendment No. 0. Proposed Certificate of Compliance No. 1008, Renewed Amendment No. 1 ............................................................... Proposed Technical Specifications (Appendix A) for Certificate of Compliance No. 1008, Renewed Amendment No. 1. Proposed Technical Specifications (Appendix B) for Certificate of Compliance No. 1008, Renewed Amendment No. 1. Proposed Certificate of Compliance No. 1008, Renewed Amendment No. 2 ............................................................... Proposed Technical Specifications (Appendix A) for Certificate of Compliance No. 1008, Renewed Amendment No. 2. Proposed Technical Specifications (Appendix B) for Certificate of Compliance No. 1008, Renewed Amendment No. 2. Proposed Certificate of Compliance No. 1008, Renewed Amendment No. 3 ............................................................... Proposed Technical Specifications (Appendix A) for Certificate of Compliance No. 1008, Renewed Amendment No. 3. Proposed Technical Specifications (Appendix B) for Certificate of Compliance No. 1008, Renewed Amendment No. 3. Preliminary Safety Evaluation Report for Renewed Certificate of Compliance No. 1008, Amendment Nos. 0, 1, 2, and 3. 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–2021–0135. 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 VerDate Sep<11>2014 16:40 Sep 30, 2021 Jkt 256001 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, PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 ML18345A178 (package). ML19184A232 (package). ML19288A089 (package). ML19350A576. ML20153A768 (package). ML20163A713 (package). ML20318A321 (package). ML20329A321 (package). ML21168A352. ML21168A353. ML21168A354. ML21168A355. ML21168A356. ML21168A357. ML21168A358. ML21168A359. ML21168A360. ML21168A361. ML21168A362. ML21168A363. ML21168A364. ML21168A365. 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note. 2. In § 72.214, Certificate of Compliance No. 1008 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1008. Initial Certificate Effective Date: October 4, 1999, superseded by Renewed Initial Certificate, on December 15, 2021. Amendment Number 1 Effective Date: December 26, 2000, superseded by Renewed Amendment Number 1, on December 15, 2021. Amendment Number 2 Effective Date: May 29, 2001, superseded by Renewed E:\FR\FM\01OCR1.SGM 01OCR1 Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations Amendment Number 2, on December 15, 2021. Amendment Number 3 Effective Date: November 5, 2019, superseded by Renewed Amendment Number 3, on December 15, 2021. SAR Submitted by: Holtec International. SAR Title: Final Safety Analysis Report for the HI–STAR 100 Cask System. Docket Number: 72–1008. Certificate Expiration Date: October 4, 2019. Renewed Certificate Expiration Date: October 4, 2059. Model Number: HI–STAR 100 (MPC– 24, MPC–32, MPC–68, MPC–68F). * * * * * Dated: September 15, 2021. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. BILLING CODE 7590–01–P FARM CREDIT ADMINISTRATION 12 CFR Parts 614, 615, 620, and 628 RIN 3052–AD27 Regulatory Capital Rules: Tier 1/Tier 2 Framework Farm Credit Administration. Final rule. AGENCY: The Farm Credit Administration (FCA or we) is adopting a final rule that amends the regulatory capital requirements for Farm Credit System (System or FCS) institutions. These amendments clarify certain provisions in the Tier 1/Tier 2 Capital Framework final rule that became effective in 2017 (2017 Capital Rule) and codify the guidance provided in FCA Bookletter—BL–068—Tier 1/Tier 2 Capital Framework Guidance. This final rule also includes revisions to the regulatory capital rules to reduce administrative burden for System institutions and the FCA. Lastly, to maintain comparability in our regulatory capital requirements, we are amending certain definitions pertaining to qualified financial contracts in conformity with changes adopted by the Federal banking regulatory agencies. DATES: The regulation shall become effective January 1, 2022, or 30 days after publication in the Federal Register during which either or both houses of Congress are in session, whichever is later. Pursuant to 12 U.S.C. 2252(c)(1), FCA will publish notification of the effective date in the Federal Register. SUMMARY: VerDate Sep<11>2014 16:40 Sep 30, 2021 Jkt 256001 Technical information: Jeremy R. Edelstein, EdelsteinJ@fca.gov, Associate Director or Clayton D. Milburn, MilburnC@fca.gov, Senior Financial Analyst, Finance and Capital Markets Team, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102–5090, (703) 883–4414, TTY (703) 883–4056 or ORPMailbox@fca.gov; or Legal information: Rebecca S. Orlich, Orlichr@fca.gov, Senior Counsel, or Jennifer A. Cohn, Cohnj@fca.gov, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, VA 22102–5090, (703) 883–4020, TTY (703) 883–4056. SUPPLEMENTARY INFORMATION: Table of Contents [FR Doc. 2021–21427 Filed 9–30–21; 8:45 am] ACTION: FOR FURTHER INFORMATION CONTACT: I. Introduction A. Objectives of the Final Rule B. Background C. Summary of the Proposed Rule D. General Summary of Comments Received II. Substantive Revisions to the Capital Rule A. Safe Harbor Deemed Prior Approval B. Capital Bylaw or Board Resolution To Include Equities in Tier 1 and Tier 2 Capital C. Common Cooperative Equity Issuance Date D. Farm Credit Leasing Services Corporation E. Lending and Leasing Limit Base Calculation F. Qualified Financial Contract (QFC) Related Definitions G. Common Equity Tier 1 Capital Eligibility Requirements III. Clarifying and Other Revisions to the Capital Rule A. Capitalization Bylaw Adjustment B. Annual Report to Shareholders Corrections C. Appropriate Risk-Weighting of Cash and Gold Bullion D. Securitization Formulas E. Unallocated Retained Earnings and Equivalents Deductions and Adjustments F. Service Corporation Deductions and Adjustments G. Adjustments for Accruing Patronage and Dividends H. Bank Disclosures I. Retirement of Statutory Borrower Stock IV. Abbreviations V. Regulatory Analysis A. Regulatory Flexibility Act B. Congressional Review Act I. Introduction A. Objectives of the Final Rule FCA’s objectives in adopting this rule are to: • Provide technical corrections, amendments and clarification to certain provisions in the Tier 1/Tier 2 Capital Framework; and PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 54347 • Ensure the System’s capital requirements maintain comparability with the standardized approach that the Federal banking regulatory agencies 1 have adopted (U.S. Rule) while accommodating the cooperative structure and the organization of the System. B. Background In 1916, Congress created the System to provide permanent, stable, affordable, and reliable sources of credit and related services to American agricultural and aquatic producers.2 As of June 30, 2021, the System consists of 3 Farm Credit Banks, 1 agricultural credit bank, 66 agricultural credit associations, 1 Federal land credit association, service corporations, and the Federal Farm Credit Banks Funding Corporation (Funding Corporation). Farm Credit banks (including both the Farm Credit Banks and the agricultural credit bank) issue System-wide consolidated debt obligations in the capital markets through the Funding Corporation,3 which enable the System to extend short-, intermediate-, and long-term credit and related services to farmers, ranchers, aquatic producers and harvesters, their cooperatives, rural utilities, exporters of agricultural commodities products, farm-related businesses, and certain rural homeowners.4 The System’s enabling statute is the Farm Credit Act of 1971, as amended (Act).5 FCA’s Tier 1/Tier 2 Capital Framework, the 2017 Capital Rule, was published in the Federal Register in 1 The Federal banking regulatory agencies are the Office of the Comptroller of the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the Board of Governors of the Federal Reserve (FRB). See 12 CFR 3.20(b)(1)(i) (OCC), 12 CFR 324.20(b)(1)(i) (FDIC); 12 CFR 217.20(b)(1)(i) (FRB). 2 The Federal Agricultural Mortgage Corporation (Farmer Mac), which is also a System institution, has authority to operate secondary markets for agricultural real estate mortgage loans, rural housing mortgage loans, and rural utility cooperative loans. The FCA has a separate set of capital regulations that apply to Farmer Mac. This rulemaking does not affect Farmer Mac, and the use of the term ‘‘System institution’’ in this preamble and rule does not include Farmer Mac. 3 The Funding Corporation was established pursuant to section 4.9 of the Farm Credit Act of 1971, as amended, and is owned by all Farm Credit banks. 4 The agricultural credit bank lends to and provides other financial services to farmer-owned cooperatives, rural utilities (electric and telecommunications), and rural water and wastewater disposal systems. It also finances U.S. agricultural exports and imports and provides international banking services to cooperatives and other eligible borrowers. The agricultural credit bank operates a Farm Credit Bank subsidiary. 5 12 U.S.C. 2001–2279cc. The Act is available at www.fca.gov under ‘‘Laws and regulations’’ and ‘‘Statutes.’’ E:\FR\FM\01OCR1.SGM 01OCR1

Agencies

[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54341-54347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21427]



[[Page 54341]]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2021-0135]
RIN 3150-AK68


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STAR 100 Cask System, Certificate of Compliance No. 1008, Renewal of 
Initial Certificate and Amendment Nos. 1, 2, and 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International HI-
STAR 100 Cask System listing within the ``List of approved spent fuel 
storage casks'' to renew, for an additional 40 years, the initial 
certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance 
No. 1008. The renewal of the initial certificate and Amendment Nos. 1, 
2, and 3 revises the certificate of compliance's conditions and 
technical specifications to address aging management activities related 
to the structures, systems, and components of the dry storage system to 
ensure that these will maintain their intended functions during the 
period of extended storage operations.

DATES: This direct final rule is effective December 15, 2021, unless 
significant adverse comments are received by November 1, 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: Submit your comments, identified by Docket ID NRC-2021-0135, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individuals listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    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: Kristina Banovac, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-7116, email: 
[email protected] and 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-2021-0135 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-2021-0135. 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.
     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

    Please include Docket ID NRC-2021-0135 in your comment submission. 
The NRC requests that you submit comments through the Federal 
rulemaking website at https://www.regulations.gov. If your material 
cannot be submitted using https://www.regulations.gov, call or email 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document for alternate instructions.
    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 renewal of the initial certificate and 
Amendment Nos. 1, 2, and 3 to Certificate of Compliance No. 1008 and 
does not include other aspects of the Holtec International HI-STAR 100 
Cask System design. The NRC is using the ``direct final rule 
procedure'' to issue this renewal because it represents a limited and 
routine change to an existing certificate of compliance that is 
expected to be non-controversial. Adequate protection of public health 
and safety continues to be reasonably assured. The amendment to the 
rule will become effective on December 15, 2021. However, if the NRC 
receives any significant adverse comment on this direct final rule by 
November 1, 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

[[Page 54342]]

the companion proposed rule published in the Proposed Rules section of 
this issue of the Federal Register. Absent significant modifications to 
the proposed revisions requiring republication, the NRC will not 
initiate a second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule, certificate of compliance, or technical 
specifications.

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 
September 3, 1999 (64 FR 48259) that approved the HI-STAR 100 Cask 
System design and added it to the list of NRC-approved cask designs in 
Sec.  72.214 as Certificate of Compliance No. 1008.

IV. Discussion of Changes

    On December 7, 2018, Holtec International submitted a request to 
the NRC to renew, for an additional 40 years, the initial certificate 
and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 
for the HI-STAR 100 Cask System. Holtec International supplemented its 
request on June 28, 2019, October 10, 2019, December 12, 2019, June 1, 
2020, June 11, 2020, November 13, 2020, and November 24, 2020.
    The renewal of the initial certificate and Amendment Nos. 1, 2, and 
3 were conducted in accordance with the renewal provisions in Sec.  
72.240. This section of the NRC spent fuel storage regulations 
authorizes NRC staff to include any additional certificate conditions 
it deems necessary to ensure the safe operation of the cask during the 
certificate's renewal period. The NRC included three additional 
conditions to the renewal of the initial certificate of compliance and 
Amendment Nos. 1, 2, and 3:
     The submittal of an updated final safety analysis report 
(UFSAR) to address aging management activities resulting from the 
renewal of the certificate of compliance. This condition ensures that 
the UFSAR changes are made in a timely fashion to enable general 
licensees using the storage system during the period of extended 
operation to develop and implement necessary procedures.
     The requirement that general licensees initiating or using 
spent fuel dry storage operations with the HI-STAR 100 Cask System 
ensure that their evaluations are included in the reports required by 
Sec.  72.212, ``Conditions of general license issued under Sec.  
72.210.'' These reports will include appropriate considerations for the 
period of extended operation, a review of the UFSAR changes resulting 
from the certificate of compliance renewal, and a review of the NRC 
safety evaluation report (SER) related to the certificate of compliance 
renewal.
     The requirement that future amendments and revisions to 
this certificate of compliance include evaluations of the impacts to 
aging management activities to ensure that they remain adequate for any 
changes to the structures, systems, and components (SSCs).
    The NRC made one corresponding change to the technical 
specifications for the initial certificate of compliance and Amendment 
Nos. 1, 2, and 3 on the aging management program. The change added a 
new section, which ensures that general licensees using the storage 
system develop procedures to address aging management activities 
required in the period of extended operation.
    As documented in the preliminary SER, the NRC performed a safety 
evaluation of the proposed certificate of compliance renewal request. 
The NRC determined that this renewal does not change the cask design or 
fabrication requirements in the proposed certificate of compliance 
renewal request. 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. In addition, any 
resulting occupational exposure or offsite dose rates from the renewal 
of the initial certificate of compliance and Amendment Nos. 1, 2, and 3 
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. In its SER 
for the renewal of the HI-STAR 100 Cask System, the NRC has determined 
that if the conditions specified in the certificate of compliance to 
implement these regulations are met, adequate protection of public 
health and safety will continue to be reasonably assured.
    This direct final rule revises the HI-STAR 100 Cask System listing 
in Sec.  72.214 by renewing, for 40 more years, the initial certificate 
and Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008. 
The renewal consists of the changes previously described, as set forth 
in the renewed initial certificate and amendments and their revised 
technical specifications. The revised technical specifications are 
identified in the SER.

[[Page 54343]]

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC revises the 
Holtec International HI-STAR 100 Cask System 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-STAR 100 Cask System listing within the ``List of 
approved spent fuel storage casks'' to renew, for an additional 40 
years, the initial certificate and Amendment Nos. 1, 2, and 3 of 
Certificate of Compliance No. 1008.

B. The Need for the Action

    This direct final rule renews the initial certificate and Amendment 
Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 for the Holtec 
International HI-STAR 100 Cask System design within the list of 
approved spent fuel storage casks to allow power reactor licensees to 
store spent fuel at reactor sites in casks with the approved 
modifications under a general license. Specifically, this rule extends 
the expiration date for the Holtec International HI-STAR 100 Cask 
System certificate for an additional 40 years, allowing a power reactor 
licensee to continue using it under general license provisions in an 
independent spent fuel storage installation to store spent fuel in dry 
casks in accordance with 10 CFR part 72.

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 the renewal of the initial certificate and 
Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 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. As required 
by Sec.  72.240, applications for renewal of a spent fuel storage 
certificate of compliance design are required to demonstrate that SSCs 
important to safety will continue to perform their intended function 
for the requested renewal term. As discussed in the NRC staff's SER for 
the renewal of the initial certificate and Amendment Nos. 1, 2, and 3, 
the NRC staff has approved conditions in the renewed initial 
certificate and Amendment Nos. 1, 2, and 3 requiring the general 
licensee to implement the aging management activities described in the 
renewal application and incorporated into the UFSAR. These conditions 
ensure that the Holtec International HI-STAR 100 Cask System will 
continue to perform its intended safety functions and provide 
reasonable assurance of adequate protection of public health and safety 
throughout the renewal period.
    Incremental impacts from continued use of the HI-STAR 100 Cask 
System under a general license for an additional 40 years are not 
considered significant. When the general licensee follows all 
procedures and administrative controls, including the conditions 
established because of this renewal, no effluents are expected from the 
sealed dry cask systems. Activities associated with cask loading and 
decontamination may result in some small incremental liquid and gaseous 
effluents, but these activities will be conducted under 10 CFR parts 50 
and 52 reactor operating licenses, and effluents will be controlled 
within existing reactor site technical specifications. Because reactor 
sites are relatively large, any incremental offsite doses due to direct 
radiation exposure from the spent fuel storage casks are expected to be 
small, and when combined with the contribution from reactor operations, 
well within the annual dose equivalent of 0.25 mSv (25 mrem) limit to 
the whole body specified in Sec.  72.104. Incremental impacts on 
collective occupational exposures due to dry cask spent fuel storage 
are expected to be only a small fraction of the exposures from 
operation of the nuclear power station.
    The HI-STAR 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 
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.
    During the promulgation of the amendments that added subpart K to 
10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the 
public health consequences of dry cask storage accidents and sabotage 
events. In the supporting analyses for these amendments, the NRC staff 
determined that a release from a dry cask storage system would be 
comparable in magnitude to a release from the same quantity of fuel in 
a spent fuel storage pool. As a result of these evaluations,

[[Page 54344]]

the NRC staff determined that, because of the physical characteristics 
of the storage casks and conditions of storage that include specific 
security provisions, the potential risk to public health and safety due 
to accidents or sabotage is very small.
    Considering the specific design requirements for each accident or 
sabotage condition, the design of the cask would maintain confinement, 
shielding, and criticality control. If confinement, shielding, and 
criticality control are maintained, the environmental impacts from an 
accident would be insignificant.
    There are no changes to cask design or fabrication requirements in 
the renewed initial certificate or Amendment Nos. 1, 2, and 3. Because 
there are no significant design or process changes, any resulting 
occupational exposure or offsite dose rates from the implementation of 
the renewal of the initial certificate and Amendment Nos. 1, 2, and 3 
would remain well within the 10 CFR part 20 limits.
    Decommissioning of dry cask spent fuel storage systems under a 
general license would be carried out as part of a power reactor's site 
decommissioning plan. In general, decommissioning would consist of 
removing the spent fuel from the site, decontaminating cask surfaces, 
and decontaminating and dismantling the independent spent fuel storage 
installation where the casks were deployed. Under normal and off-normal 
operating conditions, no residual contamination is expected to be left 
behind on supporting structures. The incremental impacts associated 
with decommissioning dry cask storage installations are expected to 
represent a small fraction of the impacts of decommissioning an entire 
nuclear power station.
    In summary, the proposed 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. 
Compliance with the requirements of 10 CFR parts 20 and 72 would 
provide reasonable assurance that adequate protection of public health 
and safety will continue. The NRC, in its SER for the renewal of the 
HI-STAR 100 Cask System, has determined if the conditions specified in 
the certificate of compliance to implement these regulations are met, 
adequate protection of public health and safety will continue to be 
reasonably assured.
    Based on the previously stated assessments and its SER for the 
requested renewal of the HI-STAR 100 Cask System certificates, the NRC 
has determined that the expiration date of this system in 10 CFR 72.214 
can be safely extended for an additional 40 years, and that commercial 
nuclear power reactor licensees can continue using the system during 
this period under a general license without significant impacts on the 
human environment.

D. Alternative to the Action

    The alternative to this action is to deny approval of the renewal 
and not issue the direct final rule. Under this alternative, the NRC 
would either (1) require general licensees using the HI-STAR 100 Cask 
System to unload the spent fuel from these systems and either return it 
to a spent fuel pool or re-load it into a different dry storage cask 
system listed in Sec.  72.214; or (2) require that users of the 
existing HI-STAR 100 Cask System request site-specific licensing 
proceedings to continue storage in these systems.
    The environmental impacts of requiring the licensee to unload the 
spent fuel and either return it to the spent fuel pool or re-load it 
into another NRC-approved cask system would result in increased 
radiological doses to workers. These increased doses would be due 
primarily to direct radiation from the casks while the workers 
unloaded, transferred, and re-loaded the spent fuel. These activities 
would consist of transferring the dry storage canisters to a cask-
handling building, opening the canister lid welds, returning the 
canister to a spent fuel pool or dry transfer facility, removing the 
fuel assemblies, and re-loading them, either into a spent fuel pool 
storage rack or another NRC-approved dry storage system. In addition to 
the increased occupational doses to workers, these activities may also 
result in additional liquid or gaseous effluents.
    Alternatively, users of the dry cask storage system would need to 
apply for a site-specific license. Under this option for implementing 
the no-action alternative, interested licensees would have to prepare, 
and the NRC would have to review, each separate license application, 
thereby increasing the administrative burden upon the NRC and the costs 
to each licensee.
    In summary, the no-action alternative would entail either (1) more 
environmental impacts than the preferred action from transferring the 
spent fuel now in the HI-STAR 100 Cask System; or (2) cost and 
administrative impacts from multiple licensing actions that, in 
aggregate, are likely to be the same as, or more likely greater than, 
the preferred action.

E. Alternative Use of Resources

    Renewal of the initial certificate and Amendment Nos. 1, 2, and 3 
to Certificate of Compliance No. 1008 would result in no irreversible 
commitment of resources.

F. Agencies and Persons Contacted

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

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 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, ``List of 
Approved Spent Fuel Storage Casks: Holtec International HI-STAR 100 
Cask System, Certificate of Compliance No. 1008, Renewal of Initial 
Certificate and Amendment Nos. 1, 2, and 3,'' will not have a 
significant effect on the human environment. Therefore, the NRC has 
determined that an environmental impact statement is not necessary for 
this direct final rule.

IX. Paperwork Reduction Act Statement

    This direct final rule does not contain any new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget, approval number 3150-
0132.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
Office of Management and Budget control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final rule will not, if issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects only nuclear power plant licensees and 
Holtec International.

[[Page 54345]]

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 
September 3, 1999 (64 FR 48259), the NRC issued an amendment to 10 CFR 
part 72 that approved the HI-STAR 100 Cask System design by adding it 
to the list of NRC-approved cask designs in Sec.  72.214 as Certificate 
of Compliance No. 1008.
    On December 7, 2018, Holtec International requested a renewal of 
the initial certificate and Amendment Nos. 1, 2, and 3 of the HI-STAR 
100 Cask System for an additional 40 years beyond the initial 
certificate term. Holtec International supplemented its request on June 
28, 2019, October 10, 2019, December 12, 2019, June 1, 2020, June 11, 
2020, November 13, 2020, and November 24, 2020. Because Holtec 
International filed its renewal application at least 30 days before the 
certificate expiration date of October 4, 2019, pursuant to the timely 
renewal provisions in Sec.  72.240(b), the initial issuance of the 
certificate and Amendment Nos. 1, 2, and 3 of Certificate of Compliance 
No. 1008 did not expire.
    The alternative to this action is to deny approval of the renewal 
of the initial certificate and Amendment Nos. 1, 2, and 3 of 
Certificate of Compliance No. 1008 and end this direct final rule. 
Under this alternative, the NRC would either (1) require general 
licensees using the HI-STAR 100 Cask System to unload spent fuel from 
these systems and return it to a spent fuel pool or re-load it into a 
different dry storage cask system listed in 10 CFR 72.214; or 2) 
require that users of the existing HI-STAR 100 Cask System request 
site-specific licensing proceedings to continue storage in these 
systems. Therefore, the no-action alternative would result in a 
significant burden on licensees and an additional inspection or 
licensing caseload on the NRC. In addition, the no-action alternative 
would entail either (1) more environmental impacts than the preferred 
action from transferring the spent fuel now in the HI-STAR 100 Cask 
System; or (2) cost and administrative impacts from multiple licensing 
actions that, in aggregate, are likely to be the same as, or more 
likely greater than, the preferred action.
    Approval of this direct final rule is consistent with previous NRC 
actions. Further, as documented in the preliminary SER 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 revises Certificate of Compliance No. 
1008 for the Holtec International HI-STAR 100 Cask System, as currently 
listed in Sec.  72.214, to extend the expiration date of the initial 
certificate and Amendment Nos. 1, 2, and 3 by 40 years. The renewed 
initial certificate and Amendment Nos. 1, 2, and 3 consist of the 
changes previously described, as set forth in the renewed certificate 
of compliance and technical specifications.
    Extending the effective date of the initial certificate and 
Amendment Nos. 1, 2, and 3 for 40 more years and requiring the 
implementation of aging management activities does not impose any 
modification or addition to the design of a cask system's SSCs, or to 
the procedures or organization required to operate the system during 
the initial 20-year storage period of the system, as authorized by the 
current certificate. General licensees that have loaded these casks, or 
that load these casks in the future under the specifications of the 
applicable certificate, may continue to store spent fuel in these 
systems for the initial 20-year storage period consistent with the 
original certificate. The aging management activities required to be 
implemented by this renewal are only required after the storage cask 
system's initial 20-year service period ends. As explained in the 2011 
final rule that amended 10 CFR part 72 (76 FR 8872, Question I), the 
general licensee's authority to use a particular storage cask design 
under an approved certificate of compliance terminates 20 years after 
the date that the general licensee first loads the particular cask with 
spent fuel, unless the cask's certificate of compliance is renewed. 
Because this rulemaking renews the initial certificate and Amendment 
Nos. 1, 2, and 3, and renewal is a separate licensing action 
voluntarily implemented by vendors, the renewal of the initial 
certificate and Amendment Nos. 1, 2, and 3 is not an imposition of new 
or changed requirements from which these licensees would otherwise be 
protected by the backfitting provisions in Sec.  72.62.
    Even if renewal of the initial certificate and Amendment Nos. 1, 2, 
and 3 of Certificate of Compliance No. 1008 could be considered a 
backfit, Holtec International, as the holder of the certificate of 
compliance and vendor of the casks, is not protected by the backfitting 
provisions in Sec.  72.62.
    Unlike a vendor, general licensees using the existing systems 
subject to this renewal would be protected by the backfitting 
provisions in Sec.  72.62 if the renewal constituted new or changed 
requirements applicable during the initial 20-year storage period. But, 
as previously explained, renewal of the initial certificate and 
Amendment Nos. 1, 2, and 3 of Certificate of Compliance No. 1008 does 
not impose such requirements. The general licensee using the initial 
certificate or Amendment Nos. 1, 2, or 3 of Certificate of Compliance 
No. 1008 may continue storing material in their respective cask systems 
for the initial 20-year storage period identified in the applicable 
certificate or amendment with no changes. If general licensees choose 
to continue to store spent fuel in HI-STAR 100 Cask Systems after the 
initial 20-year period, these general licensees will be required to 
implement aging management activities for any cask systems subject to a 
renewed certificate of compliance, but such continued use is voluntary.
    For these reasons, renewing the initial certificate and Amendment 
Nos. 1, 2, and 3 of Certificate of Compliance No. 1008, and imposing 
the additional conditions previously discussed, does not constitute 
backfitting under Sec.  72.62, 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.

[[Page 54346]]

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.
----------------------------------------------------------------------------------------------------------------
Holtec International HI-STAR 100 Storage System,             ML18345A178 (package).
 Certificate of Compliance No. 1008 Renewal Application,
 dated December 7, 2018.
Holtec International Response to the Request for             ML19184A232 (package).
 Supplemental Information on the Renewal of the HI-STAR 100
 Storage System, Certificate of Compliance No. 1008, dated
 June 28, 2019.
Holtec International Submittal of Supplemental Information   ML19288A089 (package).
 Related to Request for Supplemental Information on the
 Renewal of the HI-STAR 100 Storage System, Certificate of
 Compliance No. 1008, dated October 10, 2019.
Holtec International HI-STAR 100 Storage System,             ML19350A576.
 Certificate of Compliance No. 1008 Renewal, Updated Non-
 Proprietary Documents, dated December 12, 2019.
Holtec International Response to the Request for Additional  ML20153A768 (package).
 Information on the Renewal of the HI-STAR 100 Storage
 System, Certificate of Compliance No. 1008, dated June 1,
 2020.
Holtec International Response to the Request for Additional  ML20163A713 (package).
 Information on the Renewal of the HI-STAR 100 Storage
 System, Certificate of Compliance No. 1008, dated June 11,
 2020.
Holtec International Response to the Request for             ML20318A321 (package).
 Clarification of Additional Information on the Renewal of
 the HI-STAR 100 Storage System, Certificate of Compliance
 No. 1008, dated November 13, 2020.
Holtec International Response to the Request for             ML20329A321 (package).
 Clarification of Additional Information on the Renewal of
 the HI-STAR 100 Storage System, Certificate of Compliance
 No. 1008, Updated Attachment, dated November 24, 2020.
User Need Memorandum for Rulemaking for Certificate of       ML21168A352.
 Compliance No. 1008 Renewal, Initial Issue, Amendment
 Numbers 1, 2, and 3 to HI-STAR 100 Cask System, dated June
 28, 2021.
Proposed Certificate of Compliance No. 1008, Renewed         ML21168A353.
 Amendment No. 0.
Proposed Technical Specifications (Appendix A) for           ML21168A354.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 0.
Proposed Technical Specifications (Appendix B) for           ML21168A355.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 0.
Proposed Certificate of Compliance No. 1008, Renewed         ML21168A356.
 Amendment No. 1.
Proposed Technical Specifications (Appendix A) for           ML21168A357.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 1.
Proposed Technical Specifications (Appendix B) for           ML21168A358.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 1.
Proposed Certificate of Compliance No. 1008, Renewed         ML21168A359.
 Amendment No. 2.
Proposed Technical Specifications (Appendix A) for           ML21168A360.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 2.
Proposed Technical Specifications (Appendix B) for           ML21168A361.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 2.
Proposed Certificate of Compliance No. 1008, Renewed         ML21168A362.
 Amendment No. 3.
Proposed Technical Specifications (Appendix A) for           ML21168A363.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 3.
Proposed Technical Specifications (Appendix B) for           ML21168A364.
 Certificate of Compliance No. 1008, Renewed Amendment No.
 3.
Preliminary Safety Evaluation Report for Renewed             ML21168A365.
 Certificate of Compliance No. 1008, Amendment Nos. 0, 1,
 2, and 3.
----------------------------------------------------------------------------------------------------------------

    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-2021-0135.

List of Subjects in 10 CFR Part 72

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

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

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

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

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


0
2. In Sec.  72.214, Certificate of Compliance No. 1008 is revised to 
read as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1008.
    Initial Certificate Effective Date: October 4, 1999, superseded by 
Renewed Initial Certificate, on December 15, 2021.
    Amendment Number 1 Effective Date: December 26, 2000, superseded by 
Renewed Amendment Number 1, on December 15, 2021.
    Amendment Number 2 Effective Date: May 29, 2001, superseded by 
Renewed

[[Page 54347]]

Amendment Number 2, on December 15, 2021.
    Amendment Number 3 Effective Date: November 5, 2019, superseded by 
Renewed Amendment Number 3, on December 15, 2021.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STAR 100 Cask 
System.
    Docket Number: 72-1008.
    Certificate Expiration Date: October 4, 2019.
    Renewed Certificate Expiration Date: October 4, 2059.
    Model Number: HI-STAR 100 (MPC-24, MPC-32, MPC-68, MPC-68F).
* * * * *

    Dated: September 15, 2021.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-21427 Filed 9-30-21; 8:45 am]
BILLING CODE 7590-01-P
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