[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22411-22413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08889]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2011-0221]
RIN 3150-AJ05
List of Approved Spent Fuel Storage Casks: HI-STORM 100,
Amendment No. 8; Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule; correcting amendments.
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SUMMARY: On February 17, 2012 (77 FR 9515), the U.S. Nuclear Regulatory
Commission (NRC) published a direct final rule amending its spent fuel
storage regulations by revising the Holtec International, Inc. (Holtec)
HI-STORM 100 Cask System listing within the ``List of Approved Spent
Fuel Storage Casks'' to include Amendment No. 8 to Certificate of
Compliance (CoC) No. 1014. The direct final rule was effective on May
2, 2012 (77 FR 24585; April 25, 2012). The NRC has made non-substantive
corrections to the technical specifications (TS) and the NRC's Safety
Evaluation Report (SER) for the Holtec HI-STORM 100 Cask System,
Amendment No. 8. The purpose of this document is to provide
notification that the NRC is amending its regulations by revising the
Holtec HI-STORM 100 Cask System listing within the ``List of Approved
Spent Fuel Storage Casks'' to include notification that Amendment No. 8
to CoC No. 1014 was corrected on November 16, 2012.
DATES: This rule is effective May 16, 2013.
ADDRESSES: Please refer to Docket ID NRC-2011-0221 when contacting the
NRC about the availability of information for this final rule. You may
access information related to this final rule, which the NRC possesses
and is publicly available, by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0221. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this final rule.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then 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]. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One
[[Page 22412]]
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John Goshen, P.E., Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-492-3325, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 17, 2012, the NRC received a request from Holtec by
electronic mail to correct minor and non-substantive errors in Appendix
A, ``Technical Specifications for the HI-STORM 100 Cask System,'' and
Appendix B, ``Approved Contents and Design Features for the HI-STORM
100 Cask System,'' of CoC No. 1014. Holtec also identified errors in
the NRC staff's SER. Holtec's requested corrections to the affected
documents are to ensure consistency with the analyses and Final Safety
Analysis Report (FSAR). The NRC has determined that the proposed TS and
SER changes are being made to correct multiple revision bars in
Appendices A and B of the TSs, and correcting several values in the NRC
staff's SER that were previously approved by the NRC as part of the
Holtect HI-STORM 100 Cask System rulemaking package approving Amendment
No. 8 (77 FR 24585; April 25, 2012). The NRC staff inadvertently
introduced the errors in the SER narrative. In some instances the NRC
staff incorrectly referenced values or other references from the FSAR
that had limited bearing on the staff's evaluation and did not affect
the staff's conclusions because when the staff performed its evaluation
and confirmatory conclusions the correct values were used. In some
instances, typographical errors were made in the final document. In
several instances language was revised to provide additional clarity.
The NRC corrected the TSs and SER on November 16, 2012 (ADAMS Accession
No. ML12213A170).
II. Section-by-Section Analysis
10 CFR 72.214
The effective date for Amendment No. 8 to CoC No. 1014 is revised
to include notification that Amendment No. 8 was corrected on November
16, 2012 (ADAMS Accession No. ML12213A170).
III. Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comments requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest because it will have no substantive impact, are
technical in nature, and relate only to management, organization,
procedure, and practice. The Commission is exercising its authority
under 5 U.S.C. 553(b)(3)(B) to publish this amendment as a final rule.
The amendment is effective May 16, 2013. This amendment does not
require action by any person or entity regulated by the NRC. Also, the
final rule does not change the substantive responsibilities of any
person or entity regulated by the NRC.
As authorized by 5 U.S.C. 553(b)(3)(B), the NRC finds good cause to
waive notice and opportunity for comment on the revision previously
stated because the revision is administrative in nature and does not
change substantive requirements under the regulations. Specifically,
the NRC is revising the Holtec HI-STORM 100 Cask System listing within
the ``List of Approved Spent Fuel Storage Casks'' to include
notification that Amendment No. 8 to CoC No. 1014 was corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170).
IV. Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(2), which excludes
from a major action rules which are corrective or of minor nonpolicy
nature and do not substantially modify existing regulations. Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this rule.
V. Paperwork Reduction Act Statement
This final rule does not contain information collection
requirements and, therefore, is not subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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.
VI. 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
31883).
VII. Backfitting and Issue Finality
The NRC has determined that the non-substantive change in this
final rule does not constitute backfitting, and therefore a backfit
analysis is not included. The revision is non-substantive in nature:
revising the Holtec HI-STORM 100 Cask System listing within the ``List
of Approved Spent Fuel Storage Casks'' to include notification that
Amendment No. 8 to CoC No. 1014 was corrected on November 16, 2012
(ADAMS Accession No. ML12213A170). The change imposes no new
requirements and makes no substantive change to the regulations. The
revision does not involve any provisions that would impose backfits as
defined in 10 CFR chapter I, or would be inconsistent with the issue
finality provisions in 10 CFR part 52. For these reasons, the issuance
of the rule in final form would not constitute backfitting. Therefore,
a backfit analysis was not prepared.
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; 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 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, 2232, 2233,
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National
Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Policy Act secs. 131, 132, 133, 135, 137, 141 148 (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. 109-58,
119 Stat. 549 (2005).
[[Page 22413]]
Section 72.44(g) also issued under secs. Nuclear Waste Policy
Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear Waste Policy Act sec.
145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear
Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a),
10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C.
10198).
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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, as corrected on
November 16, 2012 (ADAMS Accession No. ML12213A170).
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 10th day of April, 2013.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration.
[FR Doc. 2013-08889 Filed 4-15-13; 8:45 am]
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