[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Rules and Regulations]
[Pages 9515-9518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3678]



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  Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / 
Rules and Regulations  

[[Page 9515]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2011-0221]
RIN 3150-AJ05


List of Approved Spent Fuel Storage Casks: HI-STORM 100, Revision 
8

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is amending its spent fuel storage regulations by revising the Holtec 
International HI-STORM 100 dry cask storage system listing within the 
``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 
8 to Certificate of Compliance (CoC) No. 1014. Amendment No. 8 adds a 
new multipurpose canister (MPC)-68M to the approved models currently 
included in CoC No. 1014 with two new boiling water reactor fuel 
assembly/array classes, and a new pressurized water reactor fuel 
assembly/class to CoC No. 1014 for loading into the MPC-32. In 
addition, the amendment makes several other changes as described under 
the ``Discussion'' heading in the SUPPLEMENTARY INFORMATION section of 
this document.

DATES: The final rule is effective May 2, 2012, unless significant 
adverse comments are received by March 19, 2012. 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. If 
the rule is withdrawn, timely notice will be published in the Federal 
Register.

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0221. Address questions about NRC dockets to Carol Gallagher, 
telephone: 301-492-3668; email: [email protected].
     NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of NRC's public documents. If you 
do not have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC's PDR Reference staff at 1-
800-397-4209, 301-415-4737, or by email to [email protected]. An 
electronic copy of the proposed CoC, Technical Specifications (TSs), 
and preliminary safety evaluation report (SER) can be found under ADAMS 
Package Accession Number ML112160574.

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6445, email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the 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 [U.S. 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 NWPA 
states, in part, that [the Commission] shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 219(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 in Title 10 of the Code of Federal Regulations 
(10 CFR) Part 72, which added a new Subpart K within 10 CFR Part 72, 
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 within 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 cask design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as CoC No. 1014.

Discussion

    On November 28, 2009, and as supplemented on November 4 and 
December 14, 2010, and February 25 and July 8, 2011, Holtec 
International, the holder of CoC No. 1014, submitted a certificate 
amendment request to the NRC requesting an amendment to CoC No. 1014. 
Specifically, Holtec International requested changes to add a new MPC-
68M to the approved models currently included in CoC No. 1014 with two 
new boiling water reactor fuel assembly/array classes, and a new 
pressurized water reactor fuel assembly/class to CoC No. 1014 for 
loading into the MPC-32. In addition, the amendment would change 1) 
Condition 5 of CoC No. 1014 to add ``if applicable'' after the 
reference to Section 3.5 of Appendix B, ``Cask Transfer Facility 
(CTF)'' to clarify that the CTF is an optional facility; 2) Appendix A, 
TS 1.1, to modify the CTF definition to clarify that it could be used 
in lieu of 10 CFR Part 50 controlled structures for cask transfer 
evolutions; and 3) Table 3-1, MPC Cavity Drying Limits, to include the 
previously approved, but omitted table to eliminate inconsistencies

[[Page 9516]]

between Table 3-1 and TS 3.1.1, Limiting Condition for Operation.
    As documented in the SER, the NRC staff performed a detailed safety 
evaluation of the proposed CoC amendment request and found that an 
acceptable safety margin is maintained. In addition, the NRC staff has 
determined that there continues to be reasonable assurance that public 
health and safety will be adequately protected.
    This direct final rule revises the HI-STORM 100 listing in 10 CFR 
72.214 by adding Amendment No. 8 to CoC No. 1014. The amendment 
consists of the changes previously described, as set forth in the 
revised CoC and TSs. The revised TSs are identified in the SER.
    The amended HI-STORM 100 cask design, when used under the 
conditions specified in the CoC, the TSs, and the NRC's regulations, 
will meet the requirements of 10 CFR Part 72; thus, adequate protection 
of public health and safety will continue to be ensured. When this 
direct final rule becomes effective, persons who hold a general license 
under 10 CFR 72.210 may load spent nuclear fuel into HI-STORM 100 casks 
that meet the criteria of Amendment No. 8 to CoC No. 1014 under 10 CFR 
72.212.

Discussion of Amendments by Section

Section 72.214 List of approved spent fuel storage casks

    The CoC No. 1014 is revised by adding the effective date of 
Amendment Number 8.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 8 to 
CoC No. 1014 and does not include other aspects of the HI-STORM 100 dry 
storage cask system. 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 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on May 2, 2012. However, if the NRC receives significant 
adverse comments on this direct final rule by March 19, 2012, 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 elsewhere in this 
issue of the Federal Register. Absent significant modifications to the 
proposed revisions requiring republication, the NRC will not initiate a 
second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff 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 staff.
    (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 staff to make a change (other than 
editorial) to the rule, CoC, or TSs.
    For detailed instructions on filing comments, please see the 
companion proposed rule published elsewhere in this issue of the 
Federal Register.

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 will revise 
the Holtec International HI-STORM 100 System cask 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.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. 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. Although an Agreement 
State may not adopt program elements reserved to the NRC, it may wish 
to inform its licensees of certain requirements via a mechanism that is 
consistent with the particular State's administrative procedure laws 
but does not confer regulatory authority on the State.

Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. The NRC has attempted to use plain 
language in promulgating this rule consistent with the Federal Plain 
Writing Act guidelines.

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has 
determined that this 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 prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule amends the CoC for the Holtec International HI-STORM 100 
System cask design within the list of approved spent fuel storage casks 
that power reactor licensees can use to store spent fuel at reactor 
sites under a general license. Amendment No. 8 adds a new multipurpose 
canister (MPC)--68M to the approved models currently included in CoC 
No. 1014 with two new boiling water reactor fuel assembly/array 
classes, and a new pressurized water reactor fuel assembly/class to CoC 
No. 1014 for loading into the MPC-32. In addition, the amendment 
changes: (1) Condition 5 of CoC No. 1014 to add ``if applicable'' after 
the reference to Section 3.5 of Appendix B, ``Cask Transfer Facility 
(CTF)'' to clarify that the CTF is an optional facility; (2) Appendix 
A, TS 1.1, to modify the CTF definition to clarify that it could be 
used in lieu of 10 CFR part 50 controlled structures for cask transfer 
evolutions; and (3) Table 3-1, MPC Cavity Drying Limits, to include the 
previously approved, but omitted, table to eliminate inconsistencies 
between Table 3-1 and TS 3.1.1, Limiting Condition for Operation.
    The environmental assessment and finding of no significant impact 
on

[[Page 9517]]

which this determination is based are available for inspection at the 
NRC PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852. Single copies of the environmental 
assessment and finding of no significant impact are available from 
Gregory Trussell, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-6445, email: 
[email protected].

Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements 
and, therefore, is not subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget (OMB), 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 
OMB control number.

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 it notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's CoC, and the 
conditions of the general license are met. A list of NRC-approved cask 
designs is contained in 10 CFR 72.214. On May 1, 2000 (65 FR 25241), 
the NRC issued an amendment to 10 CFR part 72 that approved the HI-
STORM 100 cask design by adding it to the list of NRC-approved cask 
designs in 10 CFR 72.214.
    On November 28, 2009, and as supplemented on November 4 and 
December 14, 2010, and February 25 and July 8, 2011, Holtec 
International, the holder of CoC No. 1014, submitted a certificate 
amendment request to the NRC requesting an amendment to CoC No. 1014. 
Specifically, Holtec International requested changes to add a new 
multipurpose canister (MPC)-68M to the approved models currently 
included in CoC No. 1014 with two new boiling water reactor fuel 
assembly/array classes, and a new pressurized water reactor fuel 
assembly/class to CoC No. 1014 for loading into the MPC-32. In 
addition, the amendment would change: (1) Condition 5 of CoC No. 1014 
to add ``if applicable'' after the reference to Section 3.5 of Appendix 
B, ``Cask Transfer Facility (CTF)'' to clarify that the CTF is an 
optional facility; (2) Appendix A, TS 1.1, to modify the CTF definition 
to clarify that it could be used in lieu of 10 CFR part 50 controlled 
structures for cask transfer evolutions; and (3) Table 3-1, MPC Cavity 
Drying Limits, to include the previously approved, but omitted table to 
eliminate inconsistencies between Table 3-1 and TS 3.1.1, Limiting 
Condition for Operation.
    The alternative to this action is to withhold approval of Amendment 
No. 8 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into HI-STORM 100 casks under the changes 
described in Amendment No. 8 to request an exemption from the 
requirements of 10 CFR 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 the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, the 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 the 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, and thus, this action is recommended.

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this 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 (10 CFR 
2.810).

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule because this amendment does not 
involve any provisions that would impose backfits as defined in 10 CFR 
Chapter I. Therefore, a backfit analysis is not required.

Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs, 
OMB.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
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: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note); Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 
549 (2005).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101

[[Page 9518]]

Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)). 
Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 
2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). 
Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 
Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under 
secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96 Stat. 
2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). 
Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 
U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198).


0
2. In Sec.  72.214, Certificate of Compliance 1014 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
Certificate No.: 1014.
Initial Certificate Effective Date: May 31, 2000.
Amendment Number 1 Effective Date: July 15, 2002.
Amendment Number 2 Effective Date: June 7, 2005.
Amendment Number 3 Effective Date: May 29, 2007.
Amendment Number 4 Effective Date: January 8, 2008.
Amendment Number 5 Effective Date: July 14, 2008.
Amendment Number 6 Effective Date: August 17, 2009.
Amendment Number 7 Effective Date: December 28, 2009.
Amendment Number 8 Effective Date: May 2, 2012.
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.
Model Number: HI-STORM 100.
* * * * *


    Dated at Rockville, Maryland, this 25th day of January, 2012.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2012-3678 Filed 2-16-12; 8:45 am]
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