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]

Download as PDF 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. khammond on DSKJM1Z7X2PROD with RULES 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 If this direct final rule is withdrawn as a result of such comments, timely notice of the DATES: VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. E:\FR\FM\30OCR1.SGM 30OCR1 74020 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 (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. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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 E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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 E:\FR\FM\30OCR1.SGM 30OCR1 74022 Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Rules and Regulations 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 khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 15:45 Oct 27, 2023 Jkt 262001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1 ML21211A603 (package). ML22175A087. ML22313A038. ML22175A085. ML22175A086. ML22175A079. ML22175A080. ML22175A081. ML22175A082. ML22175A083. 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
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