List of Approved Spent Fuel Storage Casks: HI-STORM 100, Certificate of Compliance No. 1014, Renewed Amendment No. 19, 11891-11896 [2025-04013]
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Rules and Regulations
Federal Register
Vol. 90, No. 48
Thursday, March 13, 2025
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–2024–0215]
RIN 3150–AL24
List of Approved Spent Fuel Storage
Casks: HI–STORM 100, Certificate of
Compliance No. 1014, Renewed
Amendment No. 19
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. 19 to Certificate of Compliance No.
1014. Renewed Amendment No. 19
revises the certificate of compliance to
update the acceptance criteria and
method of evaluation (MOE) for the HI–
STORM 100 system tipover accident for
equipment combinations involving
multi-purpose canisters (MPCs) with
Metamic-HT baskets. This involves
applying a new stress-based criteria and
completing new evaluations consistent
with the new tipover acceptance criteria
and MOE and involves some
adjustments of the existing deflection
criteria.
SUMMARY:
This direct final rule is effective
May 27, 2025, unless significant adverse
comments are received by April 14,
2025. 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withdrawn as a result of such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
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DATES:
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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–
0215, 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.
You can read a plain language
description of this direct final rule at
https://www.regulations.gov/docket/
NRC-2024-0215. For additional
direction on obtaining information and
submitting comments, see ‘‘Obtaining
Information and Submitting Comments’’
in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: YenJu Chen, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–1018; email: Yen-Ju.Chen@nrc.gov
or Caylee Kenny, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–7150, email:
Caylee.Kenny@nrc.gov. Both are staff of
the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
for Docket ID NRC–2024–0215. Address
questions about NRC dockets to Helen
Chang, telephone: 301–415–3228, email:
Helen.Chang@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.
Table of Contents
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0215 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
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–
0215 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
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III. Background
before making the comment
submissions available to the public or
entering the comment into ADAMS.
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II. Rulemaking Procedure
This rule is limited to the changes
contained in Renewed Amendment No.
19 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 May
27, 2025. However, if the NRC receives
any significant adverse comment on this
direct final rule by April 14, 2025, 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.
(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.
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Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended,
requires that ‘‘[t]he Secretary [of the
Department of Energy] shall establish a
demonstration program, in cooperation
with the private sector, for the dry
storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the
objective of establishing one or more
technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
Nuclear Waste Policy Act states, in part,
that ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule that added a new
subpart K in part 72 of title 10 of the
Code of Federal Regulations (10 CFR)
entitled ‘‘General License for Storage of
Spent Fuel at Power Reactor Sites’’ (55
FR 29181; July 18, 1990). This rule also
established a new subpart L in 10 CFR
part 72 entitled ‘‘Approval of Spent Fuel
Storage Casks,’’ which contains
procedures and criteria for obtaining
NRC approval of spent fuel storage cask
designs. The NRC subsequently issued a
final rule on May 1, 2000 (65 FR 25241),
that approved the Holtec International
HI–STORM 100 Cask System 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 August 9, 2024, Holtec
International submitted a request to the
NRC to amend Certificate of Compliance
No. 1014. Holtec International
supplemented its request on the
following dates: November 4, 2024
(ML24309A286), and November 13,
2024 (ML24318C533). Renewed
Amendment No. 19 revises the
certificate of compliance to update the
acceptance criteria and method of
evaluation (MOE) for the HI–STORM
100 system tipover accident described
in the final safety analysis report (FSAR)
for equipment combinations involving
multi-purpose canisters (MPCs) with
Metamic-HT baskets. This involves
applying a new stress-based criteria and
completing new evaluations consistent
with the new tipover acceptance criteria
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and MOE established in HI–STORM
Flood/Wind (FW) MPC Storage System,
Amendment No. 7 (ML24199A241).
This also involves some adjustments of
the existing deflection criteria.
The changes to the aforementioned
documents 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. 19 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 staff determined that the
renewed amended HI–STORM 100 cask
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
the HI–STORM 100 casks that meet the
criteria of Renewed Amendment No. 19
to Certificate of Compliance No. 1014.
V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC revises the HI–STORM 100 Cask
System design listed in § 72.214, ‘‘List
of approved spent fuel storage casks.’’
This action does not constitute the
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establishment of a standard that
contains generally applicable
requirements.
VI. Agreement State Compatibility
Under the ‘‘Agreement State Program
Policy Statement’’ approved by the
Commission on October 2, 2017, and
published in the Federal Register on
October 18, 2017 (82 FR 48535), this
rule is classified as Compatibility
Category NRC—Areas of Exclusive NRC
Regulatory Authority. The NRC program
elements in this category are those that
relate directly to areas of regulation
reserved to the NRC by the Atomic
Energy Act of 1954, as amended, or the
provisions of 10 CFR chapter I.
Therefore, compatibility is not required
for program elements in this category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
VIII. Environmental Assessment and
Finding of No Significant Impact
Under the National Environmental
Policy Act of 1969, as amended, and the
NRC’s regulations in 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ the NRC has
determined that this direct final rule, if
adopted, would not be a major Federal
action significantly affecting the quality
of the human environment and,
therefore, an environmental impact
statement is not required. The NRC has
made a finding of no significant impact
on the basis of this environmental
assessment. This environmental
assessment and finding of no significant
impact can be tracked with
identification number NEPA ID EAXX–
429–00–000–1739414322.
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A. The Action
The action is to amend § 72.214 to
revise the Holtec Internation HI–
STORM 100 listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Renewed Amendment No. 19 to
Certificate of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the Holtec
Internation HI–STORM 100 design
within the list of approved spent fuel
storage casks to allow power reactor
licensees to store spent fuel at reactor
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sites in casks with the approved
modifications under a general license.
Specifically, Renewed Amendment No.
19 revises the certificate of compliance
to update the acceptance criteria and
MOE for the HI–STORM 100 system
tipover accident described in the FSAR
for equipment combinations involving
MPCs with Metamic-HT baskets. This
involves aplying a new stress-based
criteria and completing new evaluations
consistent with the new tipover
acceptance criteria and MOE established
in HI–STORM FW MPC Storage System,
Amendment No. 7. This also involves
some adjustments of the existing
deflection criteria.
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. 19 tiers off of
the environmental assessment for the
July 18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The Holtec International HI–STORM
100 cask system is designed to mitigate
the effects of design basis accidents that
could occur during storage. Design basis
accidents account for human-induced
events and the most severe natural
phenomena reported for the site and
surrounding area. Postulated accidents
analyzed for an independent spent fuel
storage installation, the type of facility
at which a holder of a power reactor
operating license would store spent fuel
in casks in accordance with 10 CFR part
72, can include tornado winds and
tornado-generated missiles, a design
basis earthquake, a design basis flood,
an accidental cask drop, lightning
effects, fire, explosions, and other
incidents.
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. 19 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
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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. 19 and not issue the direct final
rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into the Holtec
International HI–STORM 100 cask
system in accordance with the changes
described in Renewed Amendment No.
19 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. 19 to Certificate of Compliance No.
1014 would result in no irreversible and
irretrievable commitments of Federal
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,
Certificate of Compliance No. 1014,
Renewed Amendment No. 19,’’ will not
have a significant effect on the human
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environment. Therefore, the NRC has
determined that an environmental
impact statement is not necessary for
this direct final rule.
IX. Paperwork Reduction Act
Statement
This direct final rule does not contain
any new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
approval number 3150–0132.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and Holtec International.
These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
Act or the size standards established by
the NRC (§ 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if (1)
it notifies the NRC in advance; (2) the
spent fuel is stored under the conditions
specified in the cask’s certificate of
compliance; and (3) the conditions of
the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On May 1, 2000 (69 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 August 9, 2024, and as
supplemented on November 4, 2024,
and November 13, 2024, 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. 19 and to require any
10 CFR part 72 general licensee seeking
to load spent nuclear fuel into the
Holtec International HI–STORM 100
cask system under the changes
described in Renewed Amendment No.
19 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. 1014 for the Holtec International
HI–STORM 100 cask system, as
currently listed in § 72.214. The revision
consists of the changes in Renewed
Amendment No. 19 previously
described, as set forth in the revised
certificate of compliance and technical
specifications.
Renewed Amendment No. 19 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. 19 applies only to new casks
fabricated and used under Renewed
Amendment No. 19. These changes do
not affect existing users of the Holtec
International HI–STORM 100 and the
current Renewed Amendment No. 18
continues to be effective for existing
users. While current users of this storage
system may comply with the new
requirements in Renewed Amendment
No. 19, this would be a voluntary
decision on the part of current users.
For these reasons, Renewed
Amendment No. 19 to Certificate of
Compliance No. 1014 does not
constitute backfitting under § 72.62 or
§ 50.109(a)(1), or otherwise represent an
inconsistency with the issue finality
provisions applicable to combined
licenses in 10 CFR part 52. Accordingly,
the NRC has not prepared a backfit
analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
XIV. Availability of Documents
The documents identified in the
following table are available to
interested persons as indicated.
ADAMS Accession No./
web link/
Federal Register citation
Document
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Proposed Certificate of Compliance, Proposed Technical Specifications, and Preliminary Safety Evaluation Report for Certificate of
Compliance No. 1014, Renewed Amendment No. 19
User Need for Rulemaking for the Holtec HI–STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 19 (December 23, 2024).
ML24312A177 (Package).
Environmental Documents
Environmental Assessment for Proposed Rule Entitled, ‘‘Storage of Spent Nuclear Fuel in NRC-Approved Storage
Casks at Nuclear Power Reactor Sites.’’ (1989).
‘‘Environmental Assessment and Finding of No Significant Impact for the Final Rule Amending 10 CFR part 72 License and Certificate of Compliance Terms’’ (2010).
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11895
ADAMS Accession No./
web link/
Federal Register citation
Document
Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG–
2157, Volumes 1 and 2) (2014).
‘‘Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites’’ Final Rule (July 18, 1990) .........
ML14198A440 (Package).
55 FR 29181.
Holtec International HI–STORM 100 Cask Design System Amendment No. 19 Request Documents
Holtec International—HI–STORM 100 Multipurpose Canister Storage System Amendment 19 Request (August 9,
2024).
Holtec International—HI–STORM 100 Amendment 19 Responses to Requests for Additional Information (November 4, 2024).
Holtec International—HI–STORM 100 Amendment 19 Additional Responses to Requests for Additional Information
(November 13, 2024).
ML24222A858 (Package).
ML24309A286 (Package).
ML24318C533 (Package).
Other Documents
Holtec International—HI–STORM Flood/Wind Amendment 7 Final Safety Evaluation Report, Enclosure 4 (August
13, 2024).
‘‘Agreement State Program Policy Statement; Correction’’ (October 18, 2017) ............................................................
Plain Language in Government Writing (June 10, 1998) ...............................................................................................
Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites: Final Rule (July 18, 1990) ...........
List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition (May 1, 2000) ....................................
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–2024–0215. 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–
2024–0215); (2) click the ‘‘Subscribe’’
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
khammond on DSK9W7S144PROD with RULES
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
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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. 1014 is revised 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.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
ML24199A241.
82
63
55
65
FR
FR
FR
FR
48535.
31885.
29181.
25241.
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
E:\FR\FM\13MRR1.SGM
13MRR1
11896
Federal Register / Vol. 90, No. 48 / Thursday, March 13, 2025 / Rules and Regulations
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
Effective Date: September 9, 2024.
Renewed Amendment Number 17
Effective Date: January 16, 2024.
Renewed Amendment Number 18
Effective Date: November 19, 2024.
Renewed Amendment Number 19
Effective Date: May 27, 2025.
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: February 28, 2025.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025–04013 Filed 3–12–25; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2547; Project
Identifier AD–2024–00334–E; Amendment
39–22987; AD–2025–05–15]
RIN 2120–AA64
Airworthiness Directives; General
Electric Company Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
General Electric Company (GE) Model
CT7–2E1 engines. This AD was
prompted by a revised analysis using an
updated stress model, which calculated
that the actual life limit of the CT7–2E1
stage 2 turbine aft cooling plate is less
than the current life limit. This AD
requires revision of the airworthiness
limitations section (ALS) of the existing
CT7–2E1 engine maintenance manual
(EMM) and the operator’s existing
approved maintenance program or
inspection program, as applicable, to
incorporate a reduced life limit for this
part. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective April 17,
2025.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–2547; 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, any comments
received, and other information. The
address for Docket Operations is U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT:
Barbara Caufield, Aviation Safety
SUMMARY:
Engineer, FAA, 2200 South 216th Street,
Des Moines, WA 98198 ; phone: (781)
238–7146; email: barbara.caufield@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all GE Model CT7–2E1 engines.
The NPRM published in the Federal
Register on December 5, 2024 (89 FR
96618). The NPRM was prompted by a
revised analysis using an updated stress
model, which calculated that the actual
life limit of the GE Model CT7–2E1
engine stage 2 turbine aft cooling plate
is less than the current life limit. In the
NPRM, the FAA proposed to require
revision of the ALS of the existing CT7–
2E1 EMM and the operator’s existing
approved maintenance program or
inspection program, as applicable, to
incorporate a reduced life limit for the
stage 2 turbine aft cooling plate part
number 5166T27P01. The FAA is
issuing this AD to address the unsafe
condition on these products.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the costs.
Conclusion
The FAA reviewed the relevant data
and determined that air safety requires
adopting this AD as proposed.
Accordingly, the FAA is issuing this AD
to address the unsafe condition on these
products. Except for minor editorial
changes, this AD is adopted as proposed
in the NPRM.
Costs of Compliance
The FAA estimates that this AD
affects eight CT7–2E1 engines installed
on airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD:
khammond on DSK9W7S144PROD with RULES
ESTIMATED COSTS
Action
Labor cost
Revise the ALS ...................................
1 work-hour × $85 per hour = $85 ....................................
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
VerDate Sep<11>2014
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section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
PO 00000
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Sfmt 4700
$0
Cost per
product
$85
Cost on U.S.
operators
$680
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
E:\FR\FM\13MRR1.SGM
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]]>Agencies
[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Rules and Regulations]
[Pages 11891-11896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04013]
========================================================================
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. 90, No. 48 / Thursday, March 13, 2025 / Rules
and Regulations
[[Page 11891]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0215]
RIN 3150-AL24
List of Approved Spent Fuel Storage Casks: HI-STORM 100,
Certificate of Compliance No. 1014, Renewed Amendment No. 19
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. 19 to Certificate of
Compliance No. 1014. Renewed Amendment No. 19 revises the certificate
of compliance to update the acceptance criteria and method of
evaluation (MOE) for the HI-STORM 100 system tipover accident for
equipment combinations involving multi-purpose canisters (MPCs) with
Metamic-HT baskets. This involves applying a new stress-based criteria
and completing new evaluations consistent with the new tipover
acceptance criteria and MOE and involves some adjustments of the
existing deflection criteria.
DATES: This direct final rule is effective May 27, 2025, unless
significant adverse comments are received by April 14, 2025. 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-2024-0215,
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.
You can read a plain language description of this direct final rule
at https://www.regulations.gov/docket/NRC-2024-0215. For additional
direction on obtaining information and submitting comments, see
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Yen-Ju Chen, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Caylee Kenny, Office of Nuclear Material Safety and
Safeguards; telephone: 301-415-7150, 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-2024-0215 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-2024-0215. Address
questions about NRC dockets to Helen Chang, telephone: 301-415-3228,
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
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2024-0215 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
[[Page 11892]]
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 Renewed Amendment
No. 19 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 May 27,
2025. However, if the NRC receives any significant adverse comment on
this direct final rule by April 14, 2025, 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,
requires that ``[t]he Secretary [of the Department of Energy] shall
establish a demonstration program, in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian nuclear
power reactor sites, with the objective of establishing one or more
technologies that the [Nuclear Regulatory] Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the Nuclear
Waste Policy Act states, in part, that ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under Section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule that added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 Cask System 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 August 9, 2024, Holtec International submitted a request to the
NRC to amend Certificate of Compliance No. 1014. Holtec International
supplemented its request on the following dates: November 4, 2024
(ML24309A286), and November 13, 2024 (ML24318C533). Renewed Amendment
No. 19 revises the certificate of compliance to update the acceptance
criteria and method of evaluation (MOE) for the HI-STORM 100 system
tipover accident described in the final safety analysis report (FSAR)
for equipment combinations involving multi-purpose canisters (MPCs)
with Metamic-HT baskets. This involves applying a new stress-based
criteria and completing new evaluations consistent with the new tipover
acceptance criteria and MOE established in HI-STORM Flood/Wind (FW) MPC
Storage System, Amendment No. 7 (ML24199A241). This also involves some
adjustments of the existing deflection criteria.
The changes to the aforementioned documents 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. 19 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 staff determined that the renewed amended HI-STORM 100 cask
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 the
HI-STORM 100 casks that meet the criteria of Renewed Amendment No. 19
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 11893]]
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. This environmental
assessment and finding of no significant impact can be tracked with
identification number NEPA ID EAXX-429-00-000-1739414322.
A. The Action
The action is to amend Sec. 72.214 to revise the Holtec
Internation HI-STORM 100 listing within the ``List of approved spent
fuel storage casks'' to include Renewed Amendment No. 19 to Certificate
of Compliance No. 1014.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
Holtec Internation HI-STORM 100 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. 19 revises
the certificate of compliance to update the acceptance criteria and MOE
for the HI-STORM 100 system tipover accident described in the FSAR for
equipment combinations involving MPCs with Metamic-HT baskets. This
involves aplying a new stress-based criteria and completing new
evaluations consistent with the new tipover acceptance criteria and MOE
established in HI-STORM FW MPC Storage System, Amendment No. 7. This
also involves some adjustments of the existing deflection criteria.
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. 19 tiers off of
the environmental assessment for the July 18, 1990, final rule. Tiering
on past environmental assessments is a standard process under the
National Environmental Policy Act of 1969, as amended.
The Holtec International HI-STORM 100 cask system is designed to
mitigate the effects of design basis accidents that could occur during
storage. Design basis accidents account for human-induced events and
the most severe natural phenomena reported for the site and surrounding
area. Postulated accidents analyzed for an independent spent fuel
storage installation, the type of facility at which a holder of a power
reactor operating license would store spent fuel in casks in accordance
with 10 CFR part 72, can include tornado winds and tornado-generated
missiles, a design basis earthquake, a design basis flood, an
accidental cask drop, lightning effects, fire, explosions, and other
incidents.
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. 19 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. 19 and not issue the direct final rule. Consequently, any
10 CFR part 72 general licensee that seeks to load spent nuclear fuel
into the Holtec International HI-STORM 100 cask system in accordance
with the changes described in Renewed Amendment No. 19 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. 19 to Certificate of Compliance
No. 1014 would result in no irreversible and irretrievable commitments
of Federal 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, Certificate of
Compliance No. 1014, Renewed Amendment No. 19,'' will not have a
significant effect on the human
[[Page 11894]]
environment. Therefore, the NRC has determined that an environmental
impact statement is not necessary for this direct final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, approval number 3150-
0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
Holtec International. These entities do not fall within the scope of
the definition of small entities set forth in the Regulatory
Flexibility Act or the size standards established by the NRC (Sec.
2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if (1) it notifies the NRC in advance; (2) the spent fuel
is stored under the conditions specified in the cask's certificate of
compliance; and (3) the conditions of the general license are met. A
list of NRC-approved cask designs is contained in Sec. 72.214. On May
1, 2000 (69 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 August 9, 2024, and as supplemented on November 4, 2024, and
November 13, 2024, 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. 19 and to require any 10 CFR part 72 general licensee
seeking to load spent nuclear fuel into the Holtec International HI-
STORM 100 cask system under the changes described in Renewed Amendment
No. 19 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 Holtec International HI-STORM 100 cask system, as
currently listed in Sec. 72.214. The revision consists of the changes
in Renewed Amendment No. 19 previously described, as set forth in the
revised certificate of compliance and technical specifications.
Renewed Amendment No. 19 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. 19 applies only to new
casks fabricated and used under Renewed Amendment No. 19. These changes
do not affect existing users of the Holtec International HI-STORM 100
and the current Renewed Amendment No. 18 continues to be effective for
existing users. While current users of this storage system may comply
with the new requirements in Renewed Amendment No. 19, this would be a
voluntary decision on the part of current users.
For these reasons, Renewed Amendment No. 19 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./ web link/
Document Federal Register citation
------------------------------------------------------------------------
Proposed Certificate of Compliance, Proposed Technical Specifications,
and Preliminary Safety Evaluation Report for Certificate of Compliance
No. 1014, Renewed Amendment No. 19
------------------------------------------------------------------------
User Need for Rulemaking for the ML24312A177 (Package).
Holtec HI-STORM 100 Cask System,
Certificate of Compliance No.
1014, Renewed Amendment No. 19
(December 23, 2024).
------------------------------------------------------------------------
Environmental Documents
------------------------------------------------------------------------
Environmental Assessment for ML051230231.
Proposed Rule Entitled, ``Storage
of Spent Nuclear Fuel in NRC-
Approved Storage Casks at Nuclear
Power Reactor Sites.'' (1989).
``Environmental Assessment and ML100710441.
Finding of No Significant Impact
for the Final Rule Amending 10
CFR part 72 License and
Certificate of Compliance Terms''
(2010).
[[Page 11895]]
Generic Environmental Impact ML14198A440 (Package).
Statement for Continued Storage
of Spent Nuclear Fuel: Final
Report (NUREG-2157, Volumes 1 and
2) (2014).
``Storage of Spent Fuel In NRC- 55 FR 29181.
Approved Storage Casks at Power
Reactor Sites'' Final Rule (July
18, 1990).
------------------------------------------------------------------------
Holtec International HI-STORM 100 Cask Design System Amendment No. 19
Request Documents
------------------------------------------------------------------------
Holtec International--HI-STORM 100 ML24222A858 (Package).
Multipurpose Canister Storage
System Amendment 19 Request
(August 9, 2024).
Holtec International--HI-STORM 100 ML24309A286 (Package).
Amendment 19 Responses to
Requests for Additional
Information (November 4, 2024).
Holtec International--HI-STORM 100 ML24318C533 (Package).
Amendment 19 Additional Responses
to Requests for Additional
Information (November 13, 2024).
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
Holtec International--HI-STORM ML24199A241.
Flood/Wind Amendment 7 Final
Safety Evaluation Report,
Enclosure 4 (August 13, 2024).
``Agreement State Program Policy 82 FR 48535.
Statement; Correction'' (October
18, 2017).
Plain Language in Government 63 FR 31885.
Writing (June 10, 1998).
Storage of Spent Fuel In NRC- 55 FR 29181.
Approved Storage Casks at Power
Reactor Sites: Final Rule (July
18, 1990).
List of Approved Spent Fuel 65 FR 25241.
Storage Casks: Holtec HI-STORM
100 Addition (May 1, 2000).
------------------------------------------------------------------------
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-2024-0215. 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-2024-0215); (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. 1014 is revised 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
[[Page 11896]]
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 Effective Date: September 9, 2024.
Renewed Amendment Number 17 Effective Date: January 16, 2024.
Renewed Amendment Number 18 Effective Date: November 19, 2024.
Renewed Amendment Number 19 Effective Date: May 27, 2025.
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: February 28, 2025.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025-04013 Filed 3-12-25; 8:45 am]
BILLING CODE 7590-01-P
