[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20753-20754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08250]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Rules 
and Regulations

[[Page 20753]]


10 CFR Part 72

RIN 3150-AJ12

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Cask 
System; Amendment No. 9; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendment.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a 
document in the Federal Register (FR) on December 26, 2013, which 
corrected and delayed the effective date of a direct final rule 
published in the FR on December 6, 2013. The notice corrected several 
Agencywide Documents Access and Management System (ADAMS) accession 
numbers and delayed the effective date of the direct final rule from 
February 19, 2014, to March 11, 2014. The direct final rule amends the 
NRC's 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 Amendment No. 9 to 
Certificate of Compliance (CoC) No. 1014. This action is necessary 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 correct the effective date of 
Amendment No. 9 to CoC No. 1014.

DATES: This rule is effective on April 14, 2014.

ADDRESSES: Please refer to Docket ID NRC-2012-0052 when contacting the 
NRC about the availability of information for this action. You may 
access publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0052. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's 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].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6103, email: [email protected].


I. Discussion

    The NRC published a direct final rule in the Federal Register on 
December 6, 2013 (78 FR 73379), and companion proposed rule (78 FR 
73456) which revised the Holtec International HI-STORM 100 Cask System 
listing within the ``List of Approved Spent Fuel Storage Casks'' to 
include Amendment No. 9 to CoC No. 1014. The direct final rule was to 
become effective February 19, 2014, unless significant adverse comments 
on the proposed rule were received by January 6, 2014. Subsequently, on 
December 26, 2013, the NRC published a correction to the direct final 
rule delaying the effective date to March 11, 2014 (78 FR 78165), and a 
correction to the companion proposed rule (78 FR 78285) extending the 
comment period to January 27, 2014. The December 26, 2013, correction 
was necessary to correct ADAMS accession numbers listed in the December 
6, 2013, direct final and proposed rules.
    The December 26, 2013, document omitted the revised effective date 
of Amendment No. 9 of CoC No. 1014. This document corrects the 
effective date to March 11, 2014.

II. Rulemaking Procedure

    Because this amendment corrects an effective date of a direct final 
rule that was already noticed in the FR, the Commission finds that the 
notice and comment provisions of the Administrative Procedure Act are 
unnecessary and is exercising its authority under 5 U.S.C. 553(b)(3)(B) 
to publish this amendment as a final rule. 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.

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, 10 CFR part 72 is 
corrected by making the following correcting amendment.


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, 2239, 2273, 2282, 2021); Energy Reorganization Act 
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National 
Environmental Protection 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);

[[Page 20754]]

Government Paperwork Elimination Act sec. 1704, (44 U.S.C. 3504 
note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 788 

    Section 72.44(g) also issued under Nuclear Waste Policy Act 
secs. 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 also issued under Nuclear Waste Policy Act sec. 
218(a) (42 U.S.C. 10198).

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 Number: 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).
    Amendment Number 9 Effective Date: March 11, 2014.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
    Docket Number: 72-1014.
    Certificate Expiration Date: May 31, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 8th day of April, 2014.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2014-08250 Filed 4-11-14; 8:45 am]