List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM FW System, Certificate of Compliance No. 1032, Amendment No. 7, 57064-57069 [2024-15133]

Download as PDF 57064 Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations increased opportunities for citizen access to Government information and services, and for other purposes. AMS has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action. A proposed rulemaking concerning this action was published in the Federal Register on March 28, 2024 (89 FR 21441). Copies of the proposed rulemaking were provided to all olive handlers. In addition, the proposal was made available through the internet by AMS and the Office of the Federal Register. A 30-day comment period ending April 29, 2024, was provided for interested persons to respond to the proposal. There were no comments received during the comment period. Accordingly, no changes will be made to the rulemaking as proposed. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendations submitted by the Committee and other available information, AMS has determined that this rule is consistent with, and will effectuate the declared policy of, the Act. List of Subjects in 7 CFR Part 932 Marketing agreements, Olives, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 932 as follows: PART 932—OLIVES GROWN IN CALIFORNIA 1. The authority citation for part 932 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 932.230 is revised to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 § 932.230 Assessment rate. On and after January 1, 2024, an assessment rate of $28 per ton is established for California olives. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024–15247 Filed 7–11–24; 8:45 am] BILLING CODE 3410–02–P VerDate Sep<11>2014 16:01 Jul 11, 2024 Jkt 262001 FOR FURTHER INFORMATION CONTACT: NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2024–0096] RIN 3150–AL17 List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM FW System, Certificate of Compliance No. 1032, Amendment No. 7 SUPPLEMENTARY INFORMATION: Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: Table of Contents The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI– STORM Flood/Wind Multi-purpose Canister Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 7 to Certificate of Compliance No. 1032. Amendment No. 7 revises the certificate of compliance to add a new overpack, add new multi-purpose canisters MPC– 44 and MPC–37P, and add new fuel type 10x10J to approved content. Amendment No. 7 also incorporates other technical changes and several editorial changes. DATES: This direct final rule is effective September 25, 2024, unless significant adverse comments are received by August 12, 2024. 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–2024–0096 at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. You can read a plain language description of this direct final rule at https://www.regulations.gov/docket/ NRC-2024-0096. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. SUMMARY: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Caylee Kenny, Office of Nuclear Material Safety and Safeguards, telephone: 301–415–7150, email: Caylee.Kenny@nrc.gov; and Yen-Ju Chen, Office of Nuclear Material Safety and Safeguards, telephone: 301–415– 1018, email: Yen-Ju.Chen@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Impact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2024– 0096 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–2024–0096. Address questions about NRC dockets to Dawn Forder, telephone: 301–415–3407, email: Dawn.Forder@nrc.gov. For technical questions contact the individual 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 E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations 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. lotter on DSK11XQN23PROD with RULES1 B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2024–0096 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 7 to Certificate of Compliance (CoC) No. 1032 and does not include other aspects of the HI–STORM Flood/Wind Multipurpose Canister Storage System (HI– STORM FW 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 CoC 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 September 25, 2024. However, if the NRC receives any significant adverse comment on this direct final rule by August 12, 2024, 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 VerDate Sep<11>2014 16:01 Jul 11, 2024 Jkt 262001 to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule, CoC, or technical specifications. III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that ‘‘[t]he Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the Nuclear Waste Policy Act states, in part, that ‘‘[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 57065 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 June 8, 2011 (76 FR 33121), that approved the Holtec International HI–STORM FW System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1032. IV. Discussion of Changes On May 6, 2021, Holtec International submitted a request to the NRC to amend Certificate of Compliance No. 1032. Holtec International supplemented its request on October 15, 2021; February 17, 2022; July 11, 2022; July 13, 2022; July 29, 2022; September 15, 2022; October 3, 2022; December 1, 2022; January 6, 2023; May 8, 2023; June 30, 2023; July 11, 2023; August 15, 2023; November 17, 2023; February 16, 2024; and April 8, 2024. Amendment No. 7 revises the CoC as follows: 1. Adds a new unventilated high density (UVH) overpack, HI–STORM 100 UVH, which includes high density concrete for shielding. The UVH is to be used with MPC–37, MPC–89, and the new MPC–44. 2. Modifies vent and drain penetrations to include the option of a second port cover plate. 3. Allows automated equipment to perform leak test of the MPC materials and welds in the fabrication shop. 4. Changes the hydrostatic pressure test of the MPC acceptance criteria to be examination for leakage only and removes post hydrostatic test liquid penetrant and magnetic particle examination. 5. Includes the ability to use computational fluid dynamics analysis to evaluate site-specific fire accident scenarios. 6. Uses updated methodology for tornado missile stability calculations for freestanding HI–STORMs and HI– TRACs (transfer casks) and clarifies the weights to be used for varying heights of HI–TRACs. 7. Adds the new MPC–44, with continuous basket shim (CBS) and to hold 44 pressurized-water reactor fuel assemblies of certain 14x14 fuel class. It is to be used with HI–STORM FW System Version E and UVH overpacks. 8. Adds the new MPC–37P, with CBS and to hold 37 pressurized-water reactor fuel assemblies of certain 15x15 fuel class. It is to be used with Version E overpack. 9. Adds HI–DRIP ancillary system, which is an optional ancillary system E:\FR\FM\12JYR1.SGM 12JYR1 lotter on DSK11XQN23PROD with RULES1 57066 Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations designed to prevent water within the MPC while loaded in the HI–TRAC from boiling during loading and unloading operations. 10. Includes the ability to use computational fluid dynamics analysis to evaluate site-specific burial-underdebris accident scenarios. 11. Includes the ability to use water without glycol in the HI–TRAC water jacket during transfer operations below 32 °F based on the site specific MPC total heat loads. 12. Adds new 10x10J fuel type to approved content in the HI–STORM FW System. 13. Updates bounding fuel variables for 8x8F and 11x11A boiling-water reactor fuel types in CoC appendix B. 14. Adopts a stress-based structural design criterion. 15. Establishes specific criteria on allowable interference due to differential thermal expansion. This amendment also makes the following editorial changes: 1. Revises the description of the HI– STORM FW System in the CoC to clearly indicate that only the portions of the components that come into contact with the pool water need to be made of stainless steel or aluminum. This change was previously approved in HI– STORM FW System Amendment No. 8. 2. Revises the statements in final safety analysis report (FSAR) Section 3.2 related to center of gravity eccentricities in the evaluation of lifting devices. 3. Revises the FSAR by deleting Appendices 3.A to 3.C and adding references to calculation packages [3.4.13] and [3.4.15], where applicable. 4. Revises CoC Appendix B Section 2.5 to clarify that the equation burn up and cooling time qualification requirements only apply to specific alternative loading patterns. 5. Revises the FSAR by adding discussions related to short-term operations in the event of environmental phenomena to provide clarity and guidance on required sitespecific analyses. 6. Revises the FSAR by adding discussions related to site-specific analyses and adds references to a series of analysis methodologies for standardization. The changes to the aforementioned documents are identified with revisions bars in the margin of each document. In a final rule effective July 14, 2020 (85 FR 43419), the NRC approved Holtec International HI–STORM FW System Certificate of Compliance No. 1032, Amendment No. 4 but did not include the model number. The NRC is VerDate Sep<11>2014 16:01 Jul 11, 2024 Jkt 262001 correcting the list of model numbers to include MPC–32ML. As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed CoC 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 Amendment No. 7 would remain well within the limits specified by 10 CFR part 20, ‘‘Standards for Protection Against Radiation.’’ Thus, the NRC found there will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The NRC determined that the amended HI–STORM FW System cask design, when used under the conditions specified in the CoC, 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 FW System casks that meet the criteria of Amendment No. 7 to Certificate of Compliance No. 1032. 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 FW System design listed in § 72.214, ‘‘List of approved spent fuel storage casks.’’ This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ‘‘Agreement State Program Policy Statement’’ approved by the Commission on October 2, 2017, and published in the Federal Register on PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 § 72.214 to revise the Holtec International HI– STORM FW System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 7 to Certificate of Compliance No. 1032. B. The Need for the Action This direct final rule amends the CoC for the Holtec International HI–STORM FW 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, Amendment No. 7 revises the CoC to add a new unventilated high density (UVH) overpack, modify vent and drain penetrations, allow automated equipment to perform leak test, change the hydrostatic pressure test acceptance criteria, include the ability to use computational fluid dynamics analysis to evaluate site-specific fire accident scenario, use updated methodology for tornado missile stability calculations, E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 add the new MPC–44, add the new MPC–37P, add HI–DRIP ancillary system, include the ability to use computational fluid dynamics analysis to evaluate site-specific burial-underdebris accident scenario, include the ability to use water without glycol in the HI–TRAC water jacket, add new 10x10J fuel type to approved content, update bounding fuel variables for specific fuel types, adopt a stress-based structural design criterion, establish specific criteria on allowable interference due to differential thermal expansion, and other editorial 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 Amendment No. 7 tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended. The Holtec International HI–STORM FW 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 Amendment No. 7 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 nonradiological environmental impacts that VerDate Sep<11>2014 16:01 Jul 11, 2024 Jkt 262001 significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 7 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into a Holtec International HI–STORM FW System in accordance with the changes described in proposed Amendment No. 7 would have to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. The environmental impacts would be the same as the proposed action. E. Alternative Use of Resources Approval of Amendment No. 7 to Certificate of Compliance No. 1032 would result in no irreversible commitment of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in the National Environmental Policy Act of 1969, as amended, and the NRC’s regulations in subpart A of 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.’’ Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, ‘‘List of Approved Spent Fuel Storage Casks: Holtec International HI– STORM FW System Certificate of Compliance No. 1032, Amendment No. 7,’’ will not have a significant effect on the human environment. Therefore, the NRC has determined that an PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 57067 environmental impact statement is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget, approval number 3150–0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec International. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (§ 2.810). XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if (1) it notifies the NRC in advance; (2) the spent fuel is stored under the conditions specified in the cask’s CoC; and (3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On June 8, 2011 (76 FR 33121), the NRC issued an amendment to 10 CFR part 72 that approved the HI–STORM FW System by adding it to the list of NRCapproved cask designs in § 72.214. On May 6, 2021, and as supplemented on October 15, 2021, February 17, 2022, July 11, 2022, July 13, 2022, July 29, 2022, September 15, 2022, October 3, 2022, December 1, 2022, January 6, 2023, May 8, 2023, June 30, 2023, July 11, 2023, August 15, 2023, November 17, 2023, February 16, 2024, and April 8, 2024, Holtec International submitted a request to amend the HI–STORM FW E:\FR\FM\12JYR1.SGM 12JYR1 57068 Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations System as described in Section IV, ‘‘Discussion of Changes,’’ of this document. The alternative to this action is to withhold approval of Amendment No. 7 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI–STORM FW System under the changes described in Amendment No. 7 to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary safety evaluation report and environmental assessment, this direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of this direct final rule are commensurate with the NRC’s responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory; therefore, this action is recommended. XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (§ 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises Certificate of Compliance No. 1032 for the Holtec International HI–STORM FW System as currently listed in § 72.214. The revision consists of the changes in Amendment No. 7 previously described, as set forth in the revised CoC and technical specifications. Amendment No. 7 to Certificate of Compliance No. 1032 for the Holtec International HI–STORM FW System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 7 applies only to new casks fabricated and used under Amendment No. 7. These changes do not affect existing users of the Holtec International HI–STORM FW System and the current Amendment Nos. 6 and 8 continue to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 7, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 7 to Certificate of Compliance No. 1032 does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC has not prepared a backfit analysis for this rulemaking. XIII. Congressional Review Act This direct final rule is not a rule as defined in the Congressional Review Act. XIV. Availability of Documents The documents identified in the following table are available to interested persons as indicated. ADAMS accession No./web link/Federal Register citation Document Proposed Certificate of Compliance and Proposed Technical Specifications Certificate Certificate Certificate Certificate of of of of Compliance Compliance Compliance Compliance No.1032, Amendment No. 7 ................................................................................................. No. 1032, Amendment 7, Appendix A: Technical Specifications ......................................... No. 1032, Amendment 7, Appendix B: Approved Contents and Design Features .............. No. 1032, Amendment No. 7, Preliminary Safety Evaluation Report .................................. ML23030B793. ML23030B794. ML23030B795. ML23030B796. Environmental Documents Environmental Assessment for Proposed Rule Entitled, ‘‘Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites,’’ dated March 8, 1989. ‘‘Environmental Assessment and Finding of No Significant Impact for the Final Rule Amending 10 CFR Part 72 License and Certificate of Compliance Terms,’’ dated May 3, 2010. Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG– 2157, Volumes 1 and 2), dated September 30, 2014. ‘‘Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites’’ Final Rule, dated July 18, 1990. ML051230231. ML100710441. ML14198A440 (package). 55 FR 29181. lotter on DSK11XQN23PROD with RULES1 Holtec International HI–STORM FW Amendment 7 Request Documents Holtec International—HI–STORM FW Amendment 7 Request, dated May 6, 2021 ..................................................... Holtec International HI–STORM FW Amendment 7 Request ........................................................................................ Attachment 1—HI–STORM FW Amendment 7 Summary of Proposed Changes ......................................................... Attachment 2—HI–STORM FW Amendment 7 Certificate of Compliance .................................................................... Attachment 3—HI–STORM FW Amendment 7 Certificate of Compliance, Appendix A ............................................... Attachment 4—HI–STORM FW Amendment 7 Certificate of Compliance, Appendix B ............................................... Attachment 6—HI–STORM FW FSAR Proposed Revision 9 Revised Pages (Non-Proprietary) ................................. Attachment 29: Affidavit of Kimberly Manzione in Accordance with 10 CFR 2.390 ...................................................... HOLTEC International HI–STORM FW Amendment 7 Responses to Requests for Supplemental Information, dated October 15, 2021. Holtec International, HI–STORM FW Amendment 9 Request, dated February 17, 2022 ............................................. Holtec International, HI–STORM FW Amendment 7 Responses to Requests for Additional Information Part 1, dated July 11, 2022. Holtec International, HI–STORM FW Amendment 7 Responses to Requests for Additional Information Part 1—Additional Supporting Documents, dated July 13, 2022. HI–STORM FW Amendment 7 Responses to Requests for Additional Information Part 2, dated July 29, 2022 ........ Holtec International, HI–STORM FW Amendment 7 RAI Responses Part 1 Clarification Call Action Items, dated September 15, 2022. VerDate Sep<11>2014 16:01 Jul 11, 2024 Jkt 262001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\12JYR1.SGM 12JYR1 ML21126A266 (package). ML21126A267. ML21126A268. ML21126A269. ML21126A270. ML21126A271. ML21126A273. ML21126A297. ML21288A521 (package). ML22048C221. ML22192A215 (package). ML22194A954. ML22210A145 (package). ML22258A250 (package). Federal Register / Vol. 89, No. 134 / Friday, July 12, 2024 / Rules and Regulations 57069 ADAMS accession No./web link/Federal Register citation Document HI–STORM FW Amendment 7 Responses to Requests for Additional Information Part 3, dated October 3, 2022 .... HI–STORM FW Amendment 7 RAI 5–2 Response Clarification, dated December 1, 2022 ......................................... Holtec International HI–STORM FW Amendment 7 Responses to Requests for Additional Information Part 4, dated January 6, 2023. Holtec International—HI–STORM FW Amendment 7 Responses to Requests for Additional Information Part 5, dated May 8, 2023. Holtec International HI–STORM FW Amendment 7 RAI Responses Part 5 Clarification Call Action Items, dated June 30, 2023. Holtec International, HI–STORM FW Amendment 7 RAI Responses Part 5 Clarification Corrected Attachments 4 and 5, dated July 11, 2023. Holtec International, HI–STORM FW Amendment 7 RAI 3–10 Response Clarification Call Action Items, dated August 15, 2023. HI–STORM FW Amendment 7 RAI Response Clarifications (Part 3), dated November 17, 2023 ............................... Holtec International, HI–STORM FW Amendment 7 RAI Response Clarifications (Part 4), dated February 16, 2024 HI–STORM FW Amendment 7 RAI Response Clarifications (Part 5), dated April 8, 2024 .......................................... ML22276A281 (package). ML22336A132 (package). ML23006A263 (package). ML23128A302 (package). ML23181A192 (package). ML23192A031 (package). ML23227A248 (package). ML23321A245 (package). ML24047A323 (package). ML24100A027 (package). Other Documents User Need Memo for Rulemaking for the Holtec HI–STORM Flood/Wind Multi-Purpose Canister Storage System, CoC No. 1032, Amendment 7, dated May 17, 2024. ‘‘Agreement State Program Policy Statement; Correction,’’ dated October 18, 2017 ................................................... Plain Language in Government Writing, dated June 10, 1998 ...................................................................................... Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites: Final Rule, dated July 18, 1990 .. List of Approved Spent Fuel Storage Casks: HI–STORM Flood/Wind Addition, dated June 8, 2011 .......................... 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–2024–0096. 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– 2024–0096); (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. lotter on DSK11XQN23PROD with RULES1 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: VerDate Sep<11>2014 16:01 Jul 11, 2024 Jkt 262001 PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note. 2. In § 72.214, Certificate of Compliance No. 1032 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1032. Initial Certificate Effective Date: June 13, 2011, superseded by Amendment Number 0, Revision 1, on April 25, 2016. Amendment Number 0, Revision 1, Effective Date: April 25, 2016. Amendment Number 1 Effective Date: December 17, 2014, superseded by PO 00000 Frm 00011 Fmt 4700 Sfmt 9990 ML23030B792. 82 63 55 76 FR FR FR FR 48535. 31885. 29181. 33121. Amendment Number 1, Revision 1, on June 2, 2015. Amendment Number 1, Revision 1, Effective Date: June 2, 2015. Amendment Number 2 Effective Date: November 7, 2016. Amendment Number 3 Effective Date: September 11, 2017. Amendment Number 4 Effective Date: July 14, 2020. Amendment Number 5 Effective Date: July 27, 2020. Amendment Number 6 Effective Date: March 22, 2023. Amendment Number 7 Effective Date: September 25, 2024. Amendment Number 8 Effective Date: October 11, 2022. SAR Submitted by: Holtec International. SAR Title: Final Safety Analysis Report for the HI–STORM FW System. Docket Number: 72–1032. Certificate Expiration Date: June 12, 2031. Model Number: HI–STORM FW MPC–32ML, MPC–37, MPC–37P, MPC– 44, and MPC–89. * * * * * Dated: June 26, 2024. For the Nuclear Regulatory Commission. Raymond Furstenau, Acting Executive Director for Operations. [FR Doc. 2024–15133 Filed 7–11–24; 8:45 am] BILLING CODE 7590–01–P E:\FR\FM\12JYR1.SGM 12JYR1

Agencies

[Federal Register Volume 89, Number 134 (Friday, July 12, 2024)]
[Rules and Regulations]
[Pages 57064-57069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15133]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2024-0096]
RIN 3150-AL17


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM FW System, Certificate of Compliance No. 1032, Amendment No. 7

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International HI-
STORM Flood/Wind Multi-purpose Canister Storage System listing within 
the ``List of approved spent fuel storage casks'' to include Amendment 
No. 7 to Certificate of Compliance No. 1032. Amendment No. 7 revises 
the certificate of compliance to add a new overpack, add new multi-
purpose canisters MPC-44 and MPC-37P, and add new fuel type 10x10J to 
approved content. Amendment No. 7 also incorporates other technical 
changes and several editorial changes.

DATES: This direct final rule is effective September 25, 2024, unless 
significant adverse comments are received by August 12, 2024. 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-2024-0096 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individual listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    You can read a plain language description of this direct final rule 
at https://www.regulations.gov/docket/NRC-2024-0096. 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: Caylee Kenny, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-7150, email: 
[email protected]; and Yen-Ju Chen, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-1018, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2024-0096 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-2024-0096. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: [email protected]. For technical questions contact the 
individual 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

[[Page 57065]]

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

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2024-0096 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

    This rule is limited to the changes contained in Amendment No. 7 to 
Certificate of Compliance (CoC) No. 1032 and does not include other 
aspects of the HI-STORM Flood/Wind Multi-purpose Canister Storage 
System (HI-STORM FW 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 CoC 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 September 25, 2024. However, if the NRC receives 
any significant adverse comment on this direct final rule by August 12, 
2024, 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, CoC, or technical specifications.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[t]he Commission shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule that added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
June 8, 2011 (76 FR 33121), that approved the Holtec International HI-
STORM FW System design and added it to the list of NRC-approved cask 
designs in Sec.  72.214 as Certificate of Compliance No. 1032.

IV. Discussion of Changes

    On May 6, 2021, Holtec International submitted a request to the NRC 
to amend Certificate of Compliance No. 1032. Holtec International 
supplemented its request on October 15, 2021; February 17, 2022; July 
11, 2022; July 13, 2022; July 29, 2022; September 15, 2022; October 3, 
2022; December 1, 2022; January 6, 2023; May 8, 2023; June 30, 2023; 
July 11, 2023; August 15, 2023; November 17, 2023; February 16, 2024; 
and April 8, 2024. Amendment No. 7 revises the CoC as follows:
    1. Adds a new unventilated high density (UVH) overpack, HI-STORM 
100 UVH, which includes high density concrete for shielding. The UVH is 
to be used with MPC-37, MPC-89, and the new MPC-44.
    2. Modifies vent and drain penetrations to include the option of a 
second port cover plate.
    3. Allows automated equipment to perform leak test of the MPC 
materials and welds in the fabrication shop.
    4. Changes the hydrostatic pressure test of the MPC acceptance 
criteria to be examination for leakage only and removes post 
hydrostatic test liquid penetrant and magnetic particle examination.
    5. Includes the ability to use computational fluid dynamics 
analysis to evaluate site-specific fire accident scenarios.
    6. Uses updated methodology for tornado missile stability 
calculations for freestanding HI-STORMs and HI-TRACs (transfer casks) 
and clarifies the weights to be used for varying heights of HI-TRACs.
    7. Adds the new MPC-44, with continuous basket shim (CBS) and to 
hold 44 pressurized-water reactor fuel assemblies of certain 14x14 fuel 
class. It is to be used with HI-STORM FW System Version E and UVH 
overpacks.
    8. Adds the new MPC-37P, with CBS and to hold 37 pressurized-water 
reactor fuel assemblies of certain 15x15 fuel class. It is to be used 
with Version E overpack.
    9. Adds HI-DRIP ancillary system, which is an optional ancillary 
system

[[Page 57066]]

designed to prevent water within the MPC while loaded in the HI-TRAC 
from boiling during loading and unloading operations.
    10. Includes the ability to use computational fluid dynamics 
analysis to evaluate site-specific burial-under-debris accident 
scenarios.
    11. Includes the ability to use water without glycol in the HI-TRAC 
water jacket during transfer operations below 32 [deg]F based on the 
site specific MPC total heat loads.
    12. Adds new 10x10J fuel type to approved content in the HI-STORM 
FW System.
    13. Updates bounding fuel variables for 8x8F and 11x11A boiling-
water reactor fuel types in CoC appendix B.
    14. Adopts a stress-based structural design criterion.
    15. Establishes specific criteria on allowable interference due to 
differential thermal expansion.
    This amendment also makes the following editorial changes:
    1. Revises the description of the HI-STORM FW System in the CoC to 
clearly indicate that only the portions of the components that come 
into contact with the pool water need to be made of stainless steel or 
aluminum. This change was previously approved in HI-STORM FW System 
Amendment No. 8.
    2. Revises the statements in final safety analysis report (FSAR) 
Section 3.2 related to center of gravity eccentricities in the 
evaluation of lifting devices.
    3. Revises the FSAR by deleting Appendices 3.A to 3.C and adding 
references to calculation packages [3.4.13] and [3.4.15], where 
applicable.
    4. Revises CoC Appendix B Section 2.5 to clarify that the equation 
burn up and cooling time qualification requirements only apply to 
specific alternative loading patterns.
    5. Revises the FSAR by adding discussions related to short-term 
operations in the event of environmental phenomena to provide clarity 
and guidance on required site-specific analyses.
    6. Revises the FSAR by adding discussions related to site-specific 
analyses and adds references to a series of analysis methodologies for 
standardization.
    The changes to the aforementioned documents are identified with 
revisions bars in the margin of each document.
    In a final rule effective July 14, 2020 (85 FR 43419), the NRC 
approved Holtec International HI-STORM FW System Certificate of 
Compliance No. 1032, Amendment No. 4 but did not include the model 
number. The NRC is correcting the list of model numbers to include MPC-
32ML.
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety evaluation of the proposed CoC 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 Amendment No. 
7 would remain well within the limits specified by 10 CFR part 20, 
``Standards for Protection Against Radiation.'' Thus, the NRC found 
there will be no significant change in the types or amounts of any 
effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for or consequences from radiological accidents.
    The NRC determined that the amended HI-STORM FW System cask design, 
when used under the conditions specified in the CoC, 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 FW System casks that meet the 
criteria of Amendment No. 7 to Certificate of Compliance No. 1032.

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 FW System design listed in Sec.  72.214, ``List of approved 
spent fuel storage casks.'' This action does not constitute the 
establishment of a standard that contains generally applicable 
requirements.

VI. Agreement State Compatibility

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017 (82 FR 48535), this rule is classified as 
Compatibility Category NRC--Areas of Exclusive NRC Regulatory 
Authority. The NRC program elements in this category are those that 
relate directly to areas of regulation reserved to the NRC by the 
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR 
chapter I. Therefore, compatibility is not required for program 
elements in this category.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

VIII. Environmental Assessment and Finding of No Significant Impact

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
the NRC has determined that this direct final rule, if adopted, would 
not be a major Federal action significantly affecting the quality of 
the human environment and, therefore, an environmental impact statement 
is not required. The NRC has made a finding of no significant impact on 
the basis of this environmental assessment.

A. The Action

    The action is to amend Sec.  72.214 to revise the Holtec 
International HI-STORM FW System listing within the ``List of approved 
spent fuel storage casks'' to include Amendment No. 7 to Certificate of 
Compliance No. 1032.

B. The Need for the Action

    This direct final rule amends the CoC for the Holtec International 
HI-STORM FW 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, Amendment No. 7 revises the CoC to add a new 
unventilated high density (UVH) overpack, modify vent and drain 
penetrations, allow automated equipment to perform leak test, change 
the hydrostatic pressure test acceptance criteria, include the ability 
to use computational fluid dynamics analysis to evaluate site-specific 
fire accident scenario, use updated methodology for tornado missile 
stability calculations,

[[Page 57067]]

add the new MPC-44, add the new MPC-37P, add HI-DRIP ancillary system, 
include the ability to use computational fluid dynamics analysis to 
evaluate site-specific burial-under-debris accident scenario, include 
the ability to use water without glycol in the HI-TRAC water jacket, 
add new 10x10J fuel type to approved content, update bounding fuel 
variables for specific fuel types, adopt a stress-based structural 
design criterion, establish specific criteria on allowable interference 
due to differential thermal expansion, and other editorial 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 Amendment No. 7 tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act of 1969, as amended.
    The Holtec International HI-STORM FW 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 Amendment No. 7 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 Amendment No. 
7 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into a Holtec 
International HI-STORM FW System in accordance with the changes 
described in proposed Amendment No. 7 would have to request an 
exemption from the requirements of Sec. Sec.  72.212 and 72.214. Under 
this alternative, interested licensees would have to prepare, and the 
NRC would have to review, a separate exemption request, thereby 
increasing the administrative burden upon the NRC and the costs to each 
licensee. The environmental impacts would be the same as the proposed 
action.

E. Alternative Use of Resources

    Approval of Amendment No. 7 to Certificate of Compliance No. 1032 
would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted

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

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.'' Based on the foregoing environmental 
assessment, the NRC concludes that this direct final rule, ``List of 
Approved Spent Fuel Storage Casks: Holtec International HI-STORM FW 
System Certificate of Compliance No. 1032, Amendment No. 7,'' will not 
have a significant effect on the human environment. Therefore, the NRC 
has determined that an environmental impact statement is not necessary 
for this direct final rule.

IX. Paperwork Reduction Act Statement

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

Public Protection Notification

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

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final rule will not, if issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects only nuclear power plant licensees and 
Holtec International. These entities do not fall within the scope of 
the definition of small entities set forth in the Regulatory 
Flexibility Act or the size standards established by the NRC (Sec.  
2.810).

XI. Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if (1) it notifies the NRC in advance; (2) the spent fuel 
is stored under the conditions specified in the cask's CoC; and (3) the 
conditions of the general license are met. A list of NRC-approved cask 
designs is contained in Sec.  72.214. On June 8, 2011 (76 FR 33121), 
the NRC issued an amendment to 10 CFR part 72 that approved the HI-
STORM FW System by adding it to the list of NRC-approved cask designs 
in Sec.  72.214.
    On May 6, 2021, and as supplemented on October 15, 2021, February 
17, 2022, July 11, 2022, July 13, 2022, July 29, 2022, September 15, 
2022, October 3, 2022, December 1, 2022, January 6, 2023, May 8, 2023, 
June 30, 2023, July 11, 2023, August 15, 2023, November 17, 2023, 
February 16, 2024, and April 8, 2024, Holtec International submitted a 
request to amend the HI-STORM FW

[[Page 57068]]

System as described in Section IV, ``Discussion of Changes,'' of this 
document.
    The alternative to this action is to withhold approval of Amendment 
No. 7 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the Holtec International HI-STORM FW 
System under the changes described in Amendment No. 7 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. 
1032 for the Holtec International HI-STORM FW System as currently 
listed in Sec.  72.214. The revision consists of the changes in 
Amendment No. 7 previously described, as set forth in the revised CoC 
and technical specifications.
    Amendment No. 7 to Certificate of Compliance No. 1032 for the 
Holtec International HI-STORM FW System was initiated by Holtec 
International and was not submitted in response to new NRC 
requirements, or an NRC request for amendment. Amendment No. 7 applies 
only to new casks fabricated and used under Amendment No. 7. These 
changes do not affect existing users of the Holtec International HI-
STORM FW System and the current Amendment Nos. 6 and 8 continue to be 
effective for existing users. While current users of this storage 
system may comply with the new requirements in Amendment No. 7, this 
would be a voluntary decision on the part of current users.
    For these reasons, Amendment No. 7 to Certificate of Compliance No. 
1032 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./web link/Federal Register
                          Document                                                 citation
----------------------------------------------------------------------------------------------------------------
                    Proposed Certificate of Compliance and Proposed Technical Specifications
----------------------------------------------------------------------------------------------------------------
Certificate of Compliance No.1032, Amendment No. 7.........  ML23030B793.
Certificate of Compliance No. 1032, Amendment 7, Appendix    ML23030B794.
 A: Technical Specifications.
Certificate of Compliance No. 1032, Amendment 7, Appendix    ML23030B795.
 B: Approved Contents and Design Features.
Certificate of Compliance No. 1032, Amendment No. 7,         ML23030B796.
 Preliminary Safety Evaluation Report.
----------------------------------------------------------------------------------------------------------------
                                             Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled,         ML051230231.
 ``Storage of Spent Nuclear Fuel in NRC-Approved Storage
 Casks at Nuclear Power Reactor Sites,'' dated March 8,
 1989.
``Environmental Assessment and Finding of No Significant     ML100710441.
 Impact for the Final Rule Amending 10 CFR Part 72 License
 and Certificate of Compliance Terms,'' dated May 3, 2010.
Generic Environmental Impact Statement for Continued         ML14198A440 (package).
 Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
 Volumes 1 and 2), dated September 30, 2014.
``Storage of Spent Fuel In NRC-Approved Storage Casks at     55 FR 29181.
 Power Reactor Sites'' Final Rule, dated July 18, 1990..
----------------------------------------------------------------------------------------------------------------
                         Holtec International HI-STORM FW Amendment 7 Request Documents
----------------------------------------------------------------------------------------------------------------
Holtec International--HI-STORM FW Amendment 7 Request,       ML21126A266 (package).
 dated May 6, 2021.
Holtec International HI-STORM FW Amendment 7 Request.......  ML21126A267.
Attachment 1--HI-STORM FW Amendment 7 Summary of Proposed    ML21126A268.
 Changes.
Attachment 2--HI-STORM FW Amendment 7 Certificate of         ML21126A269.
 Compliance.
Attachment 3--HI-STORM FW Amendment 7 Certificate of         ML21126A270.
 Compliance, Appendix A.
Attachment 4--HI-STORM FW Amendment 7 Certificate of         ML21126A271.
 Compliance, Appendix B.
Attachment 6--HI-STORM FW FSAR Proposed Revision 9 Revised   ML21126A273.
 Pages (Non-Proprietary).
Attachment 29: Affidavit of Kimberly Manzione in Accordance  ML21126A297.
 with 10 CFR 2.390.
HOLTEC International HI-STORM FW Amendment 7 Responses to    ML21288A521 (package).
 Requests for Supplemental Information, dated October 15,
 2021.
Holtec International, HI-STORM FW Amendment 9 Request,       ML22048C221.
 dated February 17, 2022.
Holtec International, HI-STORM FW Amendment 7 Responses to   ML22192A215 (package).
 Requests for Additional Information Part 1, dated July 11,
 2022.
Holtec International, HI-STORM FW Amendment 7 Responses to   ML22194A954.
 Requests for Additional Information Part 1--Additional
 Supporting Documents, dated July 13, 2022.
HI-STORM FW Amendment 7 Responses to Requests for            ML22210A145 (package).
 Additional Information Part 2, dated July 29, 2022.
Holtec International, HI-STORM FW Amendment 7 RAI Responses  ML22258A250 (package).
 Part 1 Clarification Call Action Items, dated September
 15, 2022.

[[Page 57069]]

 
HI-STORM FW Amendment 7 Responses to Requests for            ML22276A281 (package).
 Additional Information Part 3, dated October 3, 2022.
HI-STORM FW Amendment 7 RAI 5-2 Response Clarification,      ML22336A132 (package).
 dated December 1, 2022.
Holtec International HI-STORM FW Amendment 7 Responses to    ML23006A263 (package).
 Requests for Additional Information Part 4, dated January
 6, 2023.
Holtec International--HI-STORM FW Amendment 7 Responses to   ML23128A302 (package).
 Requests for Additional Information Part 5, dated May 8,
 2023.
Holtec International HI-STORM FW Amendment 7 RAI Responses   ML23181A192 (package).
 Part 5 Clarification Call Action Items, dated June 30,
 2023.
Holtec International, HI-STORM FW Amendment 7 RAI Responses  ML23192A031 (package).
 Part 5 Clarification Corrected Attachments 4 and 5, dated
 July 11, 2023.
Holtec International, HI-STORM FW Amendment 7 RAI 3-10       ML23227A248 (package).
 Response Clarification Call Action Items, dated August 15,
 2023.
HI-STORM FW Amendment 7 RAI Response Clarifications (Part    ML23321A245 (package).
 3), dated November 17, 2023.
Holtec International, HI-STORM FW Amendment 7 RAI Response   ML24047A323 (package).
 Clarifications (Part 4), dated February 16, 2024.
HI-STORM FW Amendment 7 RAI Response Clarifications (Part    ML24100A027 (package).
 5), dated April 8, 2024.
----------------------------------------------------------------------------------------------------------------
                                                 Other Documents
----------------------------------------------------------------------------------------------------------------
User Need Memo for Rulemaking for the Holtec HI-STORM Flood/ ML23030B792.
 Wind Multi-Purpose Canister Storage System, CoC No. 1032,
 Amendment 7, dated May 17, 2024.
``Agreement State Program Policy Statement; Correction,''    82 FR 48535.
 dated October 18, 2017.
Plain Language in Government Writing, dated June 10, 1998..  63 FR 31885.
Storage of Spent Fuel in NRC-Approved Storage Casks at       55 FR 29181.
 Power Reactor Sites: Final Rule, dated July 18, 1990.
List of Approved Spent Fuel Storage Casks: HI-STORM Flood/   76 FR 33121.
 Wind Addition, dated June 8, 2011.
----------------------------------------------------------------------------------------------------------------

    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-2024-0096. 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-2024-0096); (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, Certificate of Compliance No. 1032 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1032.
    Initial Certificate Effective Date: June 13, 2011, superseded by 
Amendment Number 0, Revision 1, on April 25, 2016.
    Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
    Amendment Number 1 Effective Date: December 17, 2014, superseded by 
Amendment Number 1, Revision 1, on June 2, 2015.
    Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
    Amendment Number 2 Effective Date: November 7, 2016.
    Amendment Number 3 Effective Date: September 11, 2017.
    Amendment Number 4 Effective Date: July 14, 2020.
    Amendment Number 5 Effective Date: July 27, 2020.
    Amendment Number 6 Effective Date: March 22, 2023.
    Amendment Number 7 Effective Date: September 25, 2024.
    Amendment Number 8 Effective Date: October 11, 2022.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM FW System.
    Docket Number: 72-1032.
    Certificate Expiration Date: June 12, 2031.
    Model Number: HI-STORM FW MPC-32ML, MPC-37, MPC-37P, MPC-44, and 
MPC-89.
* * * * *

    Dated: June 26, 2024.

    For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-15133 Filed 7-11-24; 8:45 am]
BILLING CODE 7590-01-P
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