List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 17, 74019-74024 [2023-23453]
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74019
Rules and Regulations
Federal Register
Vol. 88, No. 208
Monday, October 30, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2022–0188]
RIN 3150–AK89
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Renewed
Amendment No. 17
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Renewed Amendment
No. 17 to Certificate of Compliance No.
1014. Because this amendment is
subsequent to the renewal of the HI–
STORM 100 Cask System Certificate of
Compliance No. 1014 and, therefore,
subject to the Aging Management
Program requirements of the renewed
certificate, NRC is referring to it as
‘‘Renewed Amendment No. 17.’’
Renewed Amendment No. 17 updates
the HI–STORM 100 Cask System
description in the certificate of
compliance to indicate that only the
portions of the components that contact
the pool water need to be made of
stainless steel or aluminum. This
amendment also includes minor
editorial and formatting changes to the
technical specifications that do not
change the substantive technical
information of the certificate of
compliance.
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SUMMARY:
This direct final rule is effective
January 16, 2024, unless significant
adverse comments are received by
November 29, 2023. If this direct final
rule is withdrawn as a result of such
comments, timely notice of the
DATES:
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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–2022–
0188, 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:
Kristina.Banovac@nrc.gov; and Irene
Wu, Office of Nuclear Material Safety
and Safeguards, telephone: 301–415–
1951, email: Irene.Wu@nrc.gov. Both are
staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Impact
XI. 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–2022–
0188 when contacting the NRC about
the availability of information for this
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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–2022–0188. 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.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2022–
0188 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.
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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.
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II. Rulemaking Procedure
This direct final rule is limited to the
changes contained in Renewed
Amendment No. 17 to Certificate of
Compliance No. 1014 and does not
include other aspects of the HI–STORM
100 Cask System design. The NRC is
using the ‘‘direct final rule procedure’’
to issue this amendment because it
represents a limited and routine change
to an existing certificate of compliance
that is expected to be non-controversial.
Adequate protection of public health
and safety continues to be reasonably
assured. The amendment to the rule will
become effective on January 16, 2024.
However, if the NRC receives any
significant adverse comment on this
direct final rule by November 29, 2023,
then the NRC will publish a document
that withdraws this action and will
subsequently address the comments
received in a final rule as a response to
the companion proposed rule published
in the Proposed Rules section of this
issue of the Federal Register or as
otherwise appropriate. In general,
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.
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(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, states
that ‘‘[t]he Secretary [of the Department
of Energy] shall establish a
demonstration program, in cooperation
with the private sector, for the dry
storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the
objective of establishing one or more
technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
Nuclear Waste Policy Act states, in part,
that ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule that added a new
subpart K in part 72 of title 10 of the
Code of Federal Regulations (10 CFR)
entitled ‘‘General License for Storage of
Spent Fuel at Power Reactor Sites’’ (55
FR 29181; July 18, 1990). This rule also
established a new subpart L in 10 CFR
part 72 entitled ‘‘Approval of Spent Fuel
Storage Casks,’’ which contains
procedures and criteria for obtaining
NRC approval of spent fuel storage cask
designs. The NRC subsequently issued a
final rule on May 1, 2000 (65 FR 25241)
that approved the HI–STORM 100 Cask
System design and added it to the list
of NRC-approved cask designs in
§ 72.214 as Certificate of Compliance
No. 1014.
IV. Discussion of Changes
On July 30, 2021, Holtec International
submitted a request to the NRC to
amend Certificate of Compliance No.
1014 for the HI–STORM 100 Cask
System. Renewed Amendment No. 17
updates the HI–STORM 100 Cask
System description in the certificate of
compliance to indicate that only the
portions of the components that contact
the pool water need to be made of
stainless steel or aluminum.
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This amendment also includes minor
editorial and formatting changes to the
technical specifications that do not
substantively change the technical
information of the certificate of
compliance. These changes are
identified with revisions bars in the
margin of each document.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety evaluation of the
proposed certificate of compliance
amendment request. The NRC
determined that this amendment does
not reflect a significant change in design
or fabrication of the cask. Specifically,
the NRC determined that the design of
the cask would continue to maintain
confinement, shielding, and criticality
control in the event of each evaluated
accident condition. In addition, any
resulting occupational exposure or
offsite dose rates from the
implementation of Renewed
Amendment No. 17 would remain well
within the limits specified by 10 CFR
part 20, ‘‘Standards for Protection
Against Radiation.’’ Therefore, the NRC
found there will be no significant
change in the types or amounts of any
effluent released, no significant increase
in the individual or cumulative
radiation exposure, and no significant
increase in the potential for or
consequences from radiological
accidents.
The NRC determined that the
amended HI–STORM 100 Cask System
design, when used under the conditions
specified in the certificate of
compliance, the technical
specifications, and the NRC’s
regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate
protection of public health and safety
will continue to be reasonably assured.
When this direct final rule becomes
effective, persons who hold a general
license under § 72.210 may, consistent
with the license conditions under
§ 72.212, load spent nuclear fuel into
HI–STORM 100 casks that meet the
criteria of Renewed Amendment No. 17
to Certificate of Compliance No. 1014.
V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC revises the HI–STORM 100 Cask
System design listed in § 72.214, ‘‘List
of approved spent fuel storage casks.’’
This action does not constitute the
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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.
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.
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A. The Action
The action is to amend § 72.214 to
revise the HI–STORM 100 Cask System
listing within the ‘‘List of approved
spent fuel storage casks’’ to include
Renewed Amendment No. 17 to
Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the HI–
STORM 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, Renewed
Amendment No. 17 revises the
certificate of compliance to update the
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HI–STORM 100 Cask System
description in the certificate of
compliance to indicate that only the
portions of the components that contact
the pool water need to be made of
stainless steel or aluminum. This
amendment also includes minor
editorial and formatting changes.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Renewed Amendment No. 17 tiers off of
the environmental assessment for the
July 18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The HI–STORM 100 Cask System is
designed to mitigate the effects of design
basis accidents that could occur during
storage. Design basis accidents account
for human-induced events and the most
severe natural phenomena reported for
the site and surrounding area.
Postulated accidents analyzed for an
independent spent fuel storage
installation, the type of facility at which
a holder of a power reactor operating
license would store spent fuel in casks
in accordance with 10 CFR part 72, can
include tornado winds and tornadogenerated missiles, a design basis
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
This amendment does not reflect a
significant change in design or
fabrication of the cask. Because there are
no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Renewed
Amendment No. 17 would remain well
within the 10 CFR part 20 limits. The
NRC has also determined that the design
of the cask as modified by this rule
would maintain confinement, shielding,
and criticality control in the event of an
accident. Therefore, 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. There will be no significant
change in the types or significant
revisions in the amounts of any effluent
released, no significant increase in the
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74021
individual or cumulative radiation
exposures, and no significant increase
in the potential for, or consequences
from, radiological accidents. The NRC
documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to
deny approval of Renewed Amendment
No. 17 and not issue the direct final
rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into the HI–STORM 100
Cask System in accordance with the
changes described in proposed Renewed
Amendment No. 17 would have to
request an exemption from the
requirements of §§ 72.212 and 72.214.
Under this alternative, interested
licensees would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee. The environmental impacts
would be the same as the proposed
action.
E. Alternative Use of Resources
Approval of Renewed Amendment
No. 17 to Certificate of Compliance No.
1014 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: HI–STORM 100 Cask
System, Certificate of Compliance No.
1014, Renewed Amendment No. 17,’’
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
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et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
approval number 3150–0132.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and Holtec International.
These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
Act or the size standards established by
the NRC (§ 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if (1)
it notifies the NRC in advance; (2) the
spent fuel is stored under the conditions
specified in the cask’s certificate of
compliance; and (3) the conditions of
the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On May 1, 2000, (65 FR
25241) the NRC issued an amendment
to 10 CFR part 72 that approved the HI–
STORM 100 Cask System by adding it
to the list of NRC-approved cask designs
in § 72.214.
On July 30, 2021, Holtec International
submitted a request to amend the HI–
STORM 100 Cask System as described
in Section IV, ‘‘Discussion of Changes,’’
of this document.
The alternative to this action is to
withhold approval of Renewed
Amendment No. 17 and to require any
10 CFR part 72 general licensee seeking
to load spent nuclear fuel into the HI–
STORM 100 Cask System under the
changes described in Renewed
Amendment No. 17 to request an
exemption from the requirements of
§§ 72.212 and 72.214. Under this
alternative, each interested 10 CFR part
72 licensee would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the
preliminary safety evaluation report and
environmental assessment, this direct
final rule will have no adverse effect on
public health and safety or the
environment. This direct final rule has
no significant identifiable impact or
benefit on other government agencies.
Based on this regulatory analysis, the
NRC concludes that the requirements of
this direct final rule are commensurate
with the NRC’s responsibilities for
public health and safety and the
common defense and security. No other
available alternative is believed to be as
satisfactory; therefore, this action is
recommended.
analysis is not required. This direct final
rule revises Certificate of Compliance
No. 1014 for the HI–STORM 100 Cask
System, as currently listed in § 72.214.
The revision consists of the changes in
Renewed Amendment No. 17 previously
described, as set forth in the revised
certificate of compliance and technical
specifications.
Renewed Amendment No. 17 to
Certificate of Compliance No. 1014 for
the HI–STORM 100 Cask System was
initiated by Holtec International and
was not submitted in response to new
NRC requirements, or an NRC request
for amendment. Renewed Amendment
No. 17 applies only to new casks
fabricated and used under Renewed
Amendment No. 17. These changes do
not affect existing users of the HI–
STORM 100 Cask System, and the
current Renewed Amendment No. 15
continues to be effective for existing
users. While current users of this storage
system may comply with the new
requirements in Renewed Amendment
No. 17, this would be a voluntary
decision on the part of current users.
For these reasons, Renewed
Amendment No. 17 to Certificate of
Compliance No. 1014 does not
constitute backfitting under § 72.62 or
§ 50.109(a)(1), or otherwise represent an
inconsistency with the issue finality
provisions applicable to combined
licenses in 10 CFR part 52. Accordingly,
the NRC has not prepared a backfit
analysis for this rulemaking.
XII. Backfitting and Issue Finality
XIV. Availability of Documents
The NRC has determined that the
backfit rule (§ 72.62) does not apply to
this direct final rule. Therefore, a backfit
The documents identified in the
following table are available to
interested persons as indicated.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
ADAMS Accession No./
Federal Register citation
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Document
Holtec International, Submittal of Application for Amendment 17 to HI–STORM 100 Cask System Certificate of
Compliance No. 1014, dated July 30, 2021.
User Need Memorandum for Amendment No. 17 to HI–STORM 100 Cask System, dated August 23, 2022 ............
Corrected User Need Memorandum for Amendment No. 17 to HI–STORM 100 Cask System, dated December 19,
2022.
Proposed Certificate of Compliance No. 1014, Amendment No. 17 .............................................................................
Preliminary Safety Evaluation Report for the HI–STORM 100 Cask System: Certificate of Compliance No. 1014,
Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix C: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix D: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–STORM 100
Cask System Amendment No. 17.
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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations
ADAMS Accession No./
Federal Register citation
Document
Proposed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–STORM 100
Cask System Amendment No. 17.
Final Rule, ‘‘Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,’’ published July 18,
1990.
Final Rule, ‘‘List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition,’’ published May 1, 2000
Revision to Policy Statement, ‘‘Agreement State Program Policy Statement; Correction,’’ published October 18,
2017.
Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 ................................
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–2022–0188. In
addition, the Federal rulemaking
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2022–0188); (2) click the ‘‘Subscribe’’
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
khammond on DSKJM1Z7X2PROD with RULES
■
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.
VerDate Sep<11>2014
15:45 Oct 27, 2023
Jkt 262001
2. In § 72.214, revise Certificate of
Compliance No. 1014 to read as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1014.
Initial Certificate Effective Date: May
31, 2000, superseded by Renewed Initial
Certificate Effective Date: August 2,
2023.
Amendment Number 1 Effective Date:
July 15, 2002, superseded by Renewed
Amendment Number 1 Effective Date:
August 2, 2023.
Amendment Number 2 Effective Date:
June 7, 2005, superseded by Renewed
Amendment Number 2 Effective Date:
August 2, 2023.
Amendment Number 3 Effective Date:
May 29, 2007, superseded by Renewed
Amendment Number 3 Effective Date:
August 2, 2023.
Amendment Number 4 Effective Date:
January 8, 2008, superseded by
Renewed Amendment Number 4
Effective Date: August 2, 2023.
Amendment Number 5 Effective Date:
July 14, 2008, superseded by Renewed
Amendment Number 5 Effective Date:
August 2, 2023.
Amendment Number 6 Effective Date:
August 17, 2009, superseded by
Renewed Amendment Number 6
Effective Date: August 2, 2023.
Amendment Number 7 Effective Date:
December 28, 2009, superseded by
Renewed Amendment Number 7
Effective Date: August 2, 2023.
Amendment Number 8 Effective Date:
May 2, 2012, as corrected on November
16, 2012 (ADAMS Accession No.
ML12213A170); superseded by
Amendment Number 8, Revision 1,
Effective Date: February 16, 2016;
superseded by Renewed Amendment
Number 8, Revision 1 Effective Date:
August 2, 2023.
Amendment Number 9 Effective Date:
March 11, 2014, superseded by
Amendment Number 9, Revision 1,
Effective Date: March 21, 2016, as
corrected on August 25, 2017 (ADAMS
Accession No. ML17236A451);
superseded by Renewed Amendment
Number 9, Revision 1 Effective Date:
August 2, 2023.
PO 00000
Frm 00005
74023
Fmt 4700
Sfmt 4700
ML22175A084.
55 FR 29181.
65 FR 25241.
82 FR 48535.
63 FR 31885.
Amendment Number 10 Effective
Date: May 31, 2016, as corrected on
August 25, 2017 (ADAMS Accession
No. ML17236A452); superseded by
Renewed Amendment Number 10
Effective Date: August 2, 2023.
Amendment Number 11 Effective
Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024);
superseded by Renewed Amendment
Number 11 Effective Date: August 2,
2023.
Amendment Number 12 Effective
Date: February 25, 2019, as corrected on
May 30, 2019 (ADAMS Accession No.
ML19109A111); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343A908); superseded by
Renewed Amendment Number 12
Effective Date: August 2, 2023.
Amendment Number 13 Effective
Date: May 13, 2019, as corrected on May
30, 2019 (ADAMS Accession No.
ML19109A122); further corrected
December 23, 2019 (ADAMS Accession
No. ML19343B156); superseded by
Renewed Amendment Number 13
Effective Date: August 2, 2023.
Amendment Number 14 Effective
Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287);
superseded by Renewed Amendment
Number 14 Effective Date: August 2,
2023.
Amendment Number 15 Effective
Date: June 14, 2021, superseded by
Renewed Amendment Number 15
Effective Date: August 2, 2023.
Renewed Amendment Number 16
[Reserved].
Renewed Amendment Number 17
Effective Date: January 16, 2024.
Safety Analysis Report (SAR)
Submitted by: Holtec International.
SAR Title: Final Safety Analysis
Report for the HI–STORM 100 Cask
System.
Docket Number: 72–1014.
Certificate Expiration Date: May 31,
2020.
Renewed Certificate Expiration Date:
May 31, 2060.
Model Number: HI–STORM 100.
*
*
*
*
*
Dated: October 11, 2023.
E:\FR\FM\30OCR1.SGM
30OCR1
74024
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023–23453 Filed 10–27–23; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1996; Project
Identifier AD–2022–01361–E; Amendment
39–22570; AD 2023–20–11]
RIN 2120–AA64
Airworthiness Directives; International
Aero Engines, LLC Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for comment;
correction.
AGENCY:
The FAA is correcting an
airworthiness directive (AD) that was
published in the Federal Register. That
AD applies to certain International Aero
Engines, LLC (IAE LLC) Model
PW1124G1–JM, PW1127G–JM,
PW1127GA–JM, PW1129G–JM,
PW1130G–JM, PW1133G–JM, and
PW1133GA–JM engines. As published, a
part number was inadvertently excluded
in the regulatory text of the AD. This
document corrects that error. In all other
respects, the original document remains
the same.
DATES: This correction is effective
November 1, 2023. The effective date of
AD 2023–20–11 remains November 1,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 1, 2023 (88 FR 71466,
October 17, 2023).
The date for submitting comments on
AD 2023–20–11 remains December 1,
2023.
SUMMARY:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
khammond on DSKJM1Z7X2PROD with RULES
ADDRESSES:
VerDate Sep<11>2014
15:45 Oct 27, 2023
Jkt 262001
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1996; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule; request for
comment; correction, any comments
received, and other information. The
street address for Docket Operations is
listed above.
Material Incorporated by Reference:
• For Pratt & Whitney service
information identified in this final rule,
contact International Aero Engines, LLC,
400 Main Street, East Hartford, CT
06118; phone: (860) 565–0140; email:
help24@prattwhitney.com; website:
connect.prattwhitney.com.
• You may view this referenced
service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–
5110. It is also available at
regulations.gov under Docket No. FAA–
2023–1996.
FOR FURTHER INFORMATION CONTACT:
Mark Taylor, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: (781) 238–
7229; email: mark.taylor@faa.gov.
SUPPLEMENTARY INFORMATION:
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this AD,
it is important that you clearly designate
the submitted comments as CBI. Please
mark each page of your submission
containing CBI as ‘‘PROPIN.’’ The FAA
will treat such marked submissions as
confidential under the FOIA, and they
will not be placed in the public docket
of this AD. Submissions containing CBI
should be sent to Mark Taylor, Aviation
Safety Engineer, FAA, 2200 South 216th
Street, Des Moines, WA 98198. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Comments Invited
Need for Correction
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2023–1996
and Project Identifier AD–2022–01361–
E’’ at the beginning of your comments.
The most helpful comments reference a
specific portion of the final rule, explain
the reason for any recommended
change, and include supporting data.
The FAA will consider all comments
received by the closing date and may
amend this final rule because of those
comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this final rule.
As published, paragraph (c) in the
regulatory text of AD 2023–20–11 is
incorrect. Paragraph (c) of AD 2023–20–
11 refers to part number ‘‘30G4008.’’
The correct reference is part number
‘‘30G4008 or 30G8208.’’
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Background
AD 2023–20–11, Amendment 39–
22570 (88 FR 71466, October 17, 2023),
requires replacement of the highpressure compressor (HPC) rear hub
with a part eligible for installation for
certain IAE LLC Model PW1124G1–JM,
PW1127G–JM, PW1127GA–JM,
PW1129G–JM, PW1130G–JM,
PW1133G–JM, and PW1133GA–JM
engines.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Pratt & Whitney
Service Bulletin PW1000G–C–72–00–
0209–00A–930A–D, Issue No: 002,
dated June 20, 2023, which provides the
list of affected serial numbers for the
HPC rear hub.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES.
Correction of Publication
This document corrects an error and
correctly adds the AD as an amendment
to 14 CFR 39.13. Although no other part
of the preamble or regulatory
information has been corrected, the
FAA is publishing the entire rule in the
Federal Register.
The effective date of this AD remains
November 1, 2023.
E:\FR\FM\30OCR1.SGM
30OCR1
]]>Agencies
[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Rules and Regulations]
[Pages 74019-74024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23453]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 /
Rules and Regulations
[[Page 74019]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2022-0188]
RIN 3150-AK89
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed
Amendment No. 17
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the Holtec International HI-
STORM 100 Cask System listing within the ``List of approved spent fuel
storage casks'' to include Renewed Amendment No. 17 to Certificate of
Compliance No. 1014. Because this amendment is subsequent to the
renewal of the HI-STORM 100 Cask System Certificate of Compliance No.
1014 and, therefore, subject to the Aging Management Program
requirements of the renewed certificate, NRC is referring to it as
``Renewed Amendment No. 17.'' Renewed Amendment No. 17 updates the HI-
STORM 100 Cask System description in the certificate of compliance to
indicate that only the portions of the components that contact the pool
water need to be made of stainless steel or aluminum. This amendment
also includes minor editorial and formatting changes to the technical
specifications that do not change the substantive technical information
of the certificate of compliance.
DATES: This direct final rule is effective January 16, 2024, unless
significant adverse comments are received by November 29, 2023. 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-2022-0188,
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 Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-1951, 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
XI. 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-2022-0188 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-2022-0188. 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.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
Please include Docket ID NRC-2022-0188 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.
[[Page 74020]]
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 direct final rule is limited to the changes contained in
Renewed Amendment No. 17 to Certificate of Compliance No. 1014 and does
not include other aspects of the HI-STORM 100 Cask System design. The
NRC is using the ``direct final rule procedure'' to issue this
amendment because it represents a limited and routine change to an
existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety
continues to be reasonably assured. The amendment to the rule will
become effective on January 16, 2024. However, if the NRC receives any
significant adverse comment on this direct final rule by November 29,
2023, then the NRC will publish a document that withdraws this action
and will subsequently address the comments received in a final rule as
a response to the companion proposed rule published in the Proposed
Rules section of this issue of the Federal Register or as otherwise
appropriate. In general, 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,
states that ``[t]he Secretary [of the Department of Energy] shall
establish a demonstration program, in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian nuclear
power reactor sites, with the objective of establishing one or more
technologies that the [Nuclear Regulatory] Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the Nuclear
Waste Policy Act states, in part, that ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under Section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule that added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241) that approved the HI-STORM 100 Cask System
design and added it to the list of NRC-approved cask designs in Sec.
72.214 as Certificate of Compliance No. 1014.
IV. Discussion of Changes
On July 30, 2021, Holtec International submitted a request to the
NRC to amend Certificate of Compliance No. 1014 for the HI-STORM 100
Cask System. Renewed Amendment No. 17 updates the HI-STORM 100 Cask
System description in the certificate of compliance to indicate that
only the portions of the components that contact the pool water need to
be made of stainless steel or aluminum.
This amendment also includes minor editorial and formatting changes
to the technical specifications that do not substantively change the
technical information of the certificate of compliance. These changes
are identified with revisions bars in the margin of each document.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. The NRC determined that this amendment does not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of the cask would
continue to maintain confinement, shielding, and criticality control in
the event of each evaluated accident condition. In addition, any
resulting occupational exposure or offsite dose rates from the
implementation of Renewed Amendment No. 17 would remain well within the
limits specified by 10 CFR part 20, ``Standards for Protection Against
Radiation.'' Therefore, the NRC found there will be no significant
change in the types or amounts of any effluent released, no significant
increase in the individual or cumulative radiation exposure, and no
significant increase in the potential for or consequences from
radiological accidents.
The NRC determined that the amended HI-STORM 100 Cask System
design, when used under the conditions specified in the certificate of
compliance, the technical specifications, and the NRC's regulations,
will meet the requirements of 10 CFR part 72; therefore, adequate
protection of public health and safety will continue to be reasonably
assured. When this direct final rule becomes effective, persons who
hold a general license under Sec. 72.210 may, consistent with the
license conditions under Sec. 72.212, load spent nuclear fuel into HI-
STORM 100 casks that meet the criteria of Renewed Amendment No. 17 to
Certificate of Compliance No. 1014.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC revises the
HI-STORM 100 Cask System design listed in Sec. 72.214, ``List of
approved spent fuel storage casks.'' This action does not constitute
the
[[Page 74021]]
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.
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 HI-STORM 100 Cask
System listing within the ``List of approved spent fuel storage casks''
to include Renewed Amendment No. 17 to Certificate of Compliance No.
1014.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
HI-STORM 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, Renewed Amendment No. 17 revises the certificate
of compliance to update the HI-STORM 100 Cask System description in the
certificate of compliance to indicate that only the portions of the
components that contact the pool water need to be made of stainless
steel or aluminum. This amendment also includes minor editorial and
formatting changes.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for this Renewed Amendment No. 17 tiers off of
the environmental assessment for the July 18, 1990, final rule. Tiering
on past environmental assessments is a standard process under the
National Environmental Policy Act of 1969, as amended.
The HI-STORM 100 Cask System is designed to mitigate the effects of
design basis accidents that could occur during storage. Design basis
accidents account for human-induced events and the most severe natural
phenomena reported for the site and surrounding area. Postulated
accidents analyzed for an independent spent fuel storage installation,
the type of facility at which a holder of a power reactor operating
license would store spent fuel in casks in accordance with 10 CFR part
72, can include tornado winds and tornado-generated missiles, a design
basis earthquake, a design basis flood, an accidental cask drop,
lightning effects, fire, explosions, and other incidents.
This amendment does not reflect a significant change in design or
fabrication of the cask. Because there are no significant design or
process changes, any resulting occupational exposure or offsite dose
rates from the implementation of Renewed Amendment No. 17 would remain
well within the 10 CFR part 20 limits. The NRC has also determined that
the design of the cask as modified by this rule would maintain
confinement, shielding, and criticality control in the event of an
accident. Therefore, 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.
There will be no significant change in the types or significant
revisions in the amounts of any effluent released, no significant
increase in the individual or cumulative radiation exposures, and no
significant increase in the potential for, or consequences from,
radiological accidents. The NRC documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Renewed
Amendment No. 17 and not issue the direct final rule. Consequently, any
10 CFR part 72 general licensee that seeks to load spent nuclear fuel
into the HI-STORM 100 Cask System in accordance with the changes
described in proposed Renewed Amendment No. 17 would have to request an
exemption from the requirements of Sec. Sec. 72.212 and 72.214. Under
this alternative, interested licensees would have to prepare, and the
NRC would have to review, a separate exemption request, thereby
increasing the administrative burden upon the NRC and the costs to each
licensee. The environmental impacts would be the same as the proposed
action.
E. Alternative Use of Resources
Approval of Renewed Amendment No. 17 to Certificate of Compliance
No. 1014 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: HI-STORM 100 Cask System,
Certificate of Compliance No. 1014, Renewed Amendment No. 17,'' 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
[[Page 74022]]
et seq.). Existing collections of information were approved by the
Office of Management and Budget, approval number 3150-0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
Holtec International. These entities do not fall within the scope of
the definition of small entities set forth in the Regulatory
Flexibility Act or the size standards established by the NRC (Sec.
2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if (1) it notifies the NRC in advance; (2) the spent fuel
is stored under the conditions specified in the cask's certificate of
compliance; and (3) the conditions of the general license are met. A
list of NRC-approved cask designs is contained in Sec. 72.214. On May
1, 2000, (65 FR 25241) the NRC issued an amendment to 10 CFR part 72
that approved the HI-STORM 100 Cask System by adding it to the list of
NRC-approved cask designs in Sec. 72.214.
On July 30, 2021, Holtec International submitted a request to amend
the HI-STORM 100 Cask System as described in Section IV, ``Discussion
of Changes,'' of this document.
The alternative to this action is to withhold approval of Renewed
Amendment No. 17 and to require any 10 CFR part 72 general licensee
seeking to load spent nuclear fuel into the HI-STORM 100 Cask System
under the changes described in Renewed Amendment No. 17 to request an
exemption from the requirements of Sec. Sec. 72.212 and 72.214. Under
this alternative, each interested 10 CFR part 72 licensee would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report and environmental assessment, this direct final rule will have
no adverse effect on public health and safety or the environment. This
direct final rule has no significant identifiable impact or benefit on
other government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (Sec. 72.62) does not
apply to this direct final rule. Therefore, a backfit analysis is not
required. This direct final rule revises Certificate of Compliance No.
1014 for the HI-STORM 100 Cask System, as currently listed in Sec.
72.214. The revision consists of the changes in Renewed Amendment No.
17 previously described, as set forth in the revised certificate of
compliance and technical specifications.
Renewed Amendment No. 17 to Certificate of Compliance No. 1014 for
the HI-STORM 100 Cask System was initiated by Holtec International and
was not submitted in response to new NRC requirements, or an NRC
request for amendment. Renewed Amendment No. 17 applies only to new
casks fabricated and used under Renewed Amendment No. 17. These changes
do not affect existing users of the HI-STORM 100 Cask System, and the
current Renewed Amendment No. 15 continues to be effective for existing
users. While current users of this storage system may comply with the
new requirements in Renewed Amendment No. 17, this would be a voluntary
decision on the part of current users.
For these reasons, Renewed Amendment No. 17 to Certificate of
Compliance No. 1014 does not constitute backfitting under Sec. 72.62
or Sec. 50.109(a)(1), or otherwise represent an inconsistency with the
issue finality provisions applicable to combined licenses in 10 CFR
part 52. Accordingly, the NRC has not prepared a backfit analysis for
this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
ADAMS Accession No./ Federal
Document Register citation
------------------------------------------------------------------------
Holtec International, Submittal of ML21211A603 (package).
Application for Amendment 17 to
HI-STORM 100 Cask System
Certificate of Compliance No.
1014, dated July 30, 2021.
User Need Memorandum for Amendment ML22175A087.
No. 17 to HI-STORM 100 Cask
System, dated August 23, 2022.
Corrected User Need Memorandum for ML22313A038.
Amendment No. 17 to HI-STORM 100
Cask System, dated December 19,
2022.
Proposed Certificate of Compliance ML22175A085.
No. 1014, Amendment No. 17.
Preliminary Safety Evaluation ML22175A086.
Report for the HI-STORM 100 Cask
System: Certificate of Compliance
No. 1014, Amendment No. 17.
Proposed Certificate of Compliance ML22175A079.
No. 1014 Appendix A: Technical
Specifications for the HI-STORM
100 Cask System Amendment No. 17.
Proposed Certificate of Compliance ML22175A080.
No. 1014 Appendix B: Technical
Specifications for the HI-STORM
100 Cask System Amendment No. 17.
Proposed Certificate of Compliance ML22175A081.
No. 1014 Appendix C: Technical
Specifications for the HI-STORM
100 Cask System Amendment No. 17.
Proposed Certificate of Compliance ML22175A082.
No. 1014 Appendix D: Technical
Specifications for the HI-STORM
100 Cask System Amendment No. 17.
Proposed Certificate of Compliance ML22175A083.
No. 1014 Appendix A-100U:
Technical Specifications for the
HI-STORM 100 Cask System
Amendment No. 17.
[[Page 74023]]
Proposed Certificate of Compliance ML22175A084.
No. 1014 Appendix B-100U:
Technical Specifications for the
HI-STORM 100 Cask System
Amendment No. 17.
Final Rule, ``Storage of Spent 55 FR 29181.
Fuel in NRC-Approved Storage
Casks at Power Reactor Sites,''
published July 18, 1990.
Final Rule, ``List of Approved 65 FR 25241.
Spent Fuel Storage Casks: Holtec
HI-STORM 100 Addition,''
published May 1, 2000.
Revision to Policy Statement, 82 FR 48535.
``Agreement State Program Policy
Statement; Correction,''
published October 18, 2017.
Presidential Memorandum, ``Plain 63 FR 31885.
Language in Government Writing,''
published June 10, 1998.
------------------------------------------------------------------------
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-2022-0188. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2022-0188); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, revise Certificate of Compliance No. 1014 to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1014.
Initial Certificate Effective Date: May 31, 2000, superseded by
Renewed Initial Certificate Effective Date: August 2, 2023.
Amendment Number 1 Effective Date: July 15, 2002, superseded by
Renewed Amendment Number 1 Effective Date: August 2, 2023.
Amendment Number 2 Effective Date: June 7, 2005, superseded by
Renewed Amendment Number 2 Effective Date: August 2, 2023.
Amendment Number 3 Effective Date: May 29, 2007, superseded by
Renewed Amendment Number 3 Effective Date: August 2, 2023.
Amendment Number 4 Effective Date: January 8, 2008, superseded by
Renewed Amendment Number 4 Effective Date: August 2, 2023.
Amendment Number 5 Effective Date: July 14, 2008, superseded by
Renewed Amendment Number 5 Effective Date: August 2, 2023.
Amendment Number 6 Effective Date: August 17, 2009, superseded by
Renewed Amendment Number 6 Effective Date: August 2, 2023.
Amendment Number 7 Effective Date: December 28, 2009, superseded by
Renewed Amendment Number 7 Effective Date: August 2, 2023.
Amendment Number 8 Effective Date: May 2, 2012, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by
Amendment Number 8, Revision 1, Effective Date: February 16, 2016;
superseded by Renewed Amendment Number 8, Revision 1 Effective Date:
August 2, 2023.
Amendment Number 9 Effective Date: March 11, 2014, superseded by
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as
corrected on August 25, 2017 (ADAMS Accession No. ML17236A451);
superseded by Renewed Amendment Number 9, Revision 1 Effective Date:
August 2, 2023.
Amendment Number 10 Effective Date: May 31, 2016, as corrected on
August 25, 2017 (ADAMS Accession No. ML17236A452); superseded by
Renewed Amendment Number 10 Effective Date: August 2, 2023.
Amendment Number 11 Effective Date: February 25, 2019, as corrected
(ADAMS Accession No. ML19343B024); superseded by Renewed Amendment
Number 11 Effective Date: August 2, 2023.
Amendment Number 12 Effective Date: February 25, 2019, as corrected
on May 30, 2019 (ADAMS Accession No. ML19109A111); further corrected
December 23, 2019 (ADAMS Accession No. ML19343A908); superseded by
Renewed Amendment Number 12 Effective Date: August 2, 2023.
Amendment Number 13 Effective Date: May 13, 2019, as corrected on
May 30, 2019 (ADAMS Accession No. ML19109A122); further corrected
December 23, 2019 (ADAMS Accession No. ML19343B156); superseded by
Renewed Amendment Number 13 Effective Date: August 2, 2023.
Amendment Number 14 Effective Date: December 17, 2019, as corrected
(ADAMS Accession No. ML19343B287); superseded by Renewed Amendment
Number 14 Effective Date: August 2, 2023.
Amendment Number 15 Effective Date: June 14, 2021, superseded by
Renewed Amendment Number 15 Effective Date: August 2, 2023.
Renewed Amendment Number 16 [Reserved].
Renewed Amendment Number 17 Effective Date: January 16, 2024.
Safety Analysis Report (SAR) Submitted by: Holtec International.
SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask
System.
Docket Number: 72-1014.
Certificate Expiration Date: May 31, 2020.
Renewed Certificate Expiration Date: May 31, 2060.
Model Number: HI-STORM 100.
* * * * *
Dated: October 11, 2023.
[[Page 74024]]
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-23453 Filed 10-27-23; 8:45 am]
BILLING CODE 7590-01-P
