[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13265-13271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05711]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0270]
RIN 3150-AJ71


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment 
No. 10

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International 
(Holtec or applicant) HI-STORM 100 Cask System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
10 to Certificate of Compliance (CoC) No. 1014. Amendment No. 10 adds 
new fuel classes to the contents approved for the loading of 16x16-pin 
fuel assemblies into a HI-STORM 100 Cask System; allows a minor 
increase in manganese in an alloy material for the system's overpack 
and transfer cask; clarifies the minimum water displacement required of 
a dummy fuel rod (i.e., a rod not filled with uranium pellets); and 
clarifies the design pressures needed for normal operation of forced 
helium drying systems. Additionally, Amendment No. 10 revises Condition

[[Page 13266]]

No. 9 of CoC No. 1014 to provide clearer direction on the measurement 
of air velocity and modeling of heat distribution through the storage 
system. Each of these changes is described in Section IV, ``Discussion 
of Changes,'' in the SUPPLEMENTARY INFORMATION section of this 
document.

DATES: The direct final rule is effective May 31, 2016, unless 
significant adverse comments are received by April 13, 2016. If the 
direct final rule is withdrawn as a result of such comments, timely 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 Commission 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: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0270. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    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: Robert D. MacDougall, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001; telephone: 301-415-5175; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Procedural Background
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 
Environmental 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-2015-0270 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0270.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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]. 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: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0270 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 http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Procedural Background

    This rule is limited to the changes contained in Amendment No. 10 
to CoC No. 1014 and does not include other aspects of the Holtec 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 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 31, 2016. However, if the NRC receives significant 
adverse comments on this direct final rule by April 13, 2016, 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 Rule 
section of 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.

[[Page 13267]]

    (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 technical specifications (TSs).
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rule section of this 
issue of the Federal Register.

III. 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 [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) [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 which 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 HI-STORM 100 Cask 
System design and added it to the list of NRC-approved cask designs in 
10 CFR 72.214 as CoC No. 1014.

IV. Discussion of Changes

    On January 5, 2015, Holtec submitted a request to the NRC to amend 
CoC No. 1014. Amendment No. 10 (1) adds new fuel classes to the 
contents approved for the loading of 16X16-pin fuel assemblies into a 
HI-STORM 100 Cask System; (2) allows a minor increase in manganese in 
an alloy material for the system's overpack and transfer cask; (3) 
clarifies the minimum water displacement required of a dummy fuel rod 
(i.e., a rod not filled with uranium pellets); and (4) clarifies the 
design pressures expected for normal operation of forced helium drying 
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC 
No. 1014 to provide clearer direction on the measurement of air 
velocity and modeling of heat distribution through the storage system. 
These changes are further discussed in this section, and the changes to 
the affected TS Appendices are identified with revision bars in the 
margin of each document.

1. Addition of New 16X16B and 16X16C Fuel Classes to the Contents 
Approved for Storage in a HI-STORM 100 Cask System

    The contents, enrichment, weight, and dimensions of the new 16X16 
fuel assembly classes are all bounded by previously approved 16X16 
classes. The NRC staff determined that the applicant's analysis of the 
adequacy of the HI-STORM 100 package's shielding for the new fuel 
classes supports the conclusion that this shielding evaluation is also 
bounded by the previously evaluated classes of 16X16 fuel. From its 
criticality evaluations in the safety evaluation report (SER), the NRC 
staff also determined that the calculated maximum neutron fluences of 
the 16X16B and 16X16C fuel classes are statistically similar to the 
already-approved 16X16A fuel class, and both are well bounded by the 
design basis fuel. The staff therefore has reasonable assurance that 
the new fuel classes are consistent with the appropriate standards for 
shielding, criticality, and other required safety analyses, and that 
the package design and contents satisfy the radiation protection and 
criticality safety requirements in 10 CFR 72.14, 72.124, 72.106, and 
72.236.

2. Addition to American Society of Mechanical Engineers (ASME) Boiler 
and Pressure Vessel Code Alternative Table To Allow a Newer Alloy 
Material

    In its request for this amendment, Holtec proposed an additional 
exemption to the ASME Boiler and Pressure Vessel Code Alternative Table 
to allow the use of more recent Code versions of material SA-516/516A 
Grade 70, an alloy like the one used in the overpack and transfer cask 
of the HI-STORM 100 Cask System. All SA-516 material used in the HI-
STORM 100 Cask System is required to meet the material composition 
described in ASME Boiler and Pressure Vessel Code Section II, 2007 
edition. This edition allows for a different manganese content from the 
1995 edition, but does not change the structural or thermal properties 
of the material. The applicant's request proposed no change in 
mechanical properties and no alteration in the form, fit, or function 
of these system components resulting from the minor change in 
composition of the alloy. The NRC staff therefore finds the requested 
exemption acceptable for the affected structures, systems, and 
components of CoC No. 1014.

3. Editorial Clarifications

3.a. Clarification of Minimum Displacement of Dummy Fuel Rods
    When reactor operators become aware of a damaged or malfunctioning 
fuel pin in a fuel assembly, they may remove the assembly from the 
reactor core, replace the problem pin with a dummy fuel rod containing 
no uranium, and return the assembly to the reactor core to recover the 
assembly's remaining energy value. An assembly with a dummy rod may or 
may not be considered ``intact'' for handling purposes when it is 
finally removed from the reactor core. In Appendix A of the TSs, the 
definition of ``Intact Fuel Assemblies'' now clarifies the description 
of ``dummy fuel rod'' to specify that it must displace at least the 
same amount of water as would a fuel rod in the active fuel region of 
the assembly, because criticality safety analyses are based on 
displacement of water in that location. Specifically, the definition 
states that ``[f]uel assemblies without fuel rods in fuel rod locations 
shall not be classified as INTACT FUEL ASSEMBLIES unless dummy fuel 
rods are used to displace an amount of water greater than or equal to 
that displaced by the fuel rod(s) in the active region [of the fuel 
assembly].'' Intact fuel assemblies are by definition those that can be 
handled by normal means. In effect, this clarification of the minimum 
volume of a dummy rod provides that a fuel assembly with any such rods 
may not be handled by normal means unless these rods displace an equal 
or greater volume of water than rods containing fuel in the region of 
the assembly where there is nuclear material. The greater volume of 
fresh (unborated) water displaced by the dummy rod results in 
correspondingly less water available to moderate neutrons to a speed 
that could sustain a nuclear reaction, and consequently, the greater 
displacement will reduce reactivity in an accident involving flooding 
with fresh water.

[[Page 13268]]

3.b. Clarification of Helium Pressure Limits for Drying and Backfilling 
of Multi-Purpose Canisters (MPCs) in Underground Installations
    As indicated in Table 3-1 of Appendix A-100U for HI-STORM 100 Cask 
Systems intended for deployment in underground spent fuel storage 
installations, use of a closed-loop forced helium dehydration (FHD) 
system is an alternative to vacuum drying for an MPC containing 
moderate burnup fuel, and FHD is mandatory for drying MPCs with one or 
more high burnup fuel assemblies or a higher heat load. Section 3.6.2.2 
of Appendix B-100U for HI-STORM Cask Systems was revised to clarify 
that the design pressure limit for normal operation of the FHD system 
is for drying only and not for backfilling the MPC with helium at lower 
pressures for long-term storage.

4. Revised Condition No. 9 of CoC No. 1014

    The NRC staff revised Condition No. 9, ``Special Requirements for 
First Systems in Place,'' to provide a more appropriate location to 
perform air velocity measurements to gauge the cooling effect of air 
convection in the dry cask storage system. The previous language in the 
CoC required the measurements at the annular gap between the canister 
and the overpack. This location is difficult to access, and the 
measured data proved to be unreliable because air velocities can vary 
chaotically, especially at a location close to the top of the canister. 
The revised Condition No. 9 directs the user to make the measurements 
at the inlet vents, where the user can obtain the total mass flow rate 
of the air and perform a meaningful comparison with predicted results.
    The NRC staff also revised Condition No. 9 to specify that 
measurements of the Supplemental Cooling System be used to validate the 
analytical methods described in the applicant's final safety analysis 
report (FSAR) for the cask. The cask user will therefore need to 
develop a thermal model of this cask using the analytical methods 
described in the FSAR. This will avoid unnecessary approximations in 
the thermal model that could add uncertainty in the predicted results. 
The revised language more precisely specifies the parameters to be 
measured and the analysis necessary to satisfy the Condition.

5. Conclusions

    As documented in the SER for Amendment No. 10, the NRC staff 
performed a detailed safety evaluation of the proposed CoC amendment 
request. There are no significant changes to cask design requirements 
in the proposed CoC amendment. Considering the specific design 
requirements for each accident condition, the design of the cask would 
prevent loss of containment, shielding, and criticality control. If 
there is no loss of containment, shielding, or criticality control, the 
environmental impacts would be insignificant. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting changes in occupational exposure or offsite 
dose from the implementation of Amendment No. 10 would remain well 
within 10 CFR part 20 limits.
    Therefore, based on these findings of the SER and those of the 
environmental assessment below, the NRC staff concludes that the 
proposed CoC changes will not result in any radiological or non-
radiological environmental impacts that differ significantly from the 
environmental impacts evaluated in the environmental assessment (EA) 
supporting the May 1, 2000, final rule approving CoC No. 1014. There 
will be no significant change in the types or amounts of any effluent 
released, no significant increase in individual or cumulative radiation 
exposures, and no significant increase in the potential for or 
consequences of radiological accidents.
    This direct final rule revises the Holtec HI-STORM 100 Cask System 
listing in 10 CFR 72.214 by adding Amendment No. 10 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 Holtec HI-STORM 100 Cask System 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; therefore, 
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 Cask Systems that meet the criteria of Amendment No. 
10 to CoC No. 1014 under 10 CFR 72.212.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards 
developed or adopted by voluntary consensus standards bodies unless the 
use of any such standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the Holtec HI-STORM 100 Cask System design listed in 10 CFR 72.214, 
``List of approved spent fuel storage casks.'' This action does not 
constitute the establishment of a standard that contains generally 
applicable requirements.

VI. Agreement State Compatibility

    Under the ``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, and a 
Category ``NRC'' does not confer regulatory authority on the State, the 
State may wish to inform its licensees of certain requirements by means 
consistent with the particular State's administrative procedure laws.

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 
31883).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend 10 CFR 72.214 to revise the Holtec HI-STORM 
100 Cask System listing within the ``List of approved spent fuel 
storage casks'' to include Amendment No. 10 to CoC No. 1014. Under the 
National Environmental Policy Act of 1969, as amended (NEPA), and the 
NRC's regulations in subpart A of 10 CFR part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions,'' 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 
(EIS) is not required. The NRC has made a finding of no significant 
impact on the basis of this EA.

[[Page 13269]]

B. The Need for the Action

    This direct final rule is needed to allow users of HI-STORM 100 
Cask Systems under Amendment No. 10 to load for dry storage under a 
general license additional classes of fuel assemblies that would 
otherwise have to remain in spent fuel storage pools. This direct final 
rule amends the CoC for the Holtec HI-STORM 100 Cask System 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.
    Specifically, Amendment No. 10 (1) adds new fuel classes to the 
contents approved for the loading of 16X16-pin fuel assemblies into a 
HI-STORM 100 Cask System; (2) allows a minor increase in manganese in 
an alloy material for the system's overpack and transfer cask; (3) 
clarifies the minimum water displacement required of a dummy fuel rod 
(i.e., a rod not filled with uranium pellets); and (4) clarifies the 
design pressures expected for normal operation of forced helium drying 
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC 
No. 1014 to provide clearer direction on the measurement of air 
velocity and modeling of heat distribution through the storage system.

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 initially 
analyzed in the EA for the 1990 final rule. The EA for Amendment No. 10 
tiers off of the EA for the July 18, 1990, final rule. Tiering on past 
EAs is a standard process under NEPA by which impact analyses in a 
previous EA can be cited by a subsequent EA as bounding the expected 
impacts of a new proposed action within the scope of the previous EA.
    The Holtec 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, 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.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of confinement, 
shielding, and criticality control. If there is no loss of confinement, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This proposed CoC amendment does not reflect a 
significant change in cask design or fabrication requirements. Because 
there are no significant design or production process changes, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 10 would remain well within all 
applicable 10 CFR part 20 limits. Therefore, the proposed CoC changes 
will not result in any radiological or non-radiological environmental 
impacts that significantly differ from the environmental impacts 
evaluated in the EA supporting the July 18, 1990, final rule. There 
will be no significant change in the types or amounts of any effluent 
released, no significant increase in individual or cumulative radiation 
exposures, and no significant increase in the potential for or 
consequences of radiological accidents. The NRC staff documented these 
safety findings in the SER.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
10 and withdraw the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the Holtec 
HI-STORM 100 Cask System in accordance with the changes described in 
proposed Amendment No. 10 would have to request an exemption from the 
requirements of 10 CFR 72.212 and 72.214. Under this alternative, 
interested licensees would have to prepare, and the NRC would have to 
review, each separate exemption request, thereby increasing the 
administrative burden upon the NRC and the costs to each licensee. The 
environmental impacts of this alternative would therefore be the same 
as or greater than the preferred action.

E. Alternative Use of Resources

    Approval of Amendment No. 10 to CoC No. 1014 would result in no 
irreversible commitments of resources.

F. Agencies and Persons Contacted

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

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51. Based on the foregoing EA, the NRC 
concludes that this direct final rule entitled, ``List of Approved 
Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask 
System; Certificate of Compliance No. 1014, Amendment No. 10,'' will 
not have a significant effect on the human environment. Therefore, the 
NRC has determined that an EIS for this direct final rule is not 
necessary.

IX. Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements, 
and is therefore 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.

X. 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. 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).

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 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 Holtec 
HI-STORM 100 Cask System design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214.

[[Page 13270]]

    On January 5, 2015, Holtec submitted an application to amend the 
HI-STORM 100 Cask System CoC as described in Section IV, ``Discussion 
of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 10 and require any 10 CFR part 72 general licensee seeking to load 
spent nuclear fuel into the Holtec HI-STORM 100 Cask System under the 
changes described in Amendment No. 10 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 EA, 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 on or benefit to 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 therefore, 
this action is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule. Therefore, a backfit analysis is 
not required. This direct final rule revises CoC No. 1014 for the 
Holtec HI-STORM 100 Cask System, as currently listed in 10 CFR 72.214, 
``List of approved spent fuel storage casks.'' The revision consists of 
Amendment No. 10, which (1) adds new fuel classes to the contents 
approved for the loading of 16X16-pin fuel assemblies into a HI-STORM 
100 Cask System; (2) allows a minor increase in manganese in an alloy 
material for the system's overpack and transfer cask; (3) clarifies the 
minimum water displacement required of a dummy fuel rod (i.e., a rod 
not filled with uranium pellets); and (4) clarifies the design 
pressures expected for normal operation of forced helium drying 
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC 
No. 1014 to provide clearer direction on the measurement of air 
velocity and modeling of heat distribution through the storage system.
    Amendment No. 10 to CoC No. 1014 for the Holtec HI-STORM 100 Cask 
System was initiated by Holtec, and was not submitted in response to 
new NRC requirements or an NRC request for amendment. Amendment No. 10 
applies only to new casks fabricated and used under Amendment No. 10. 
These changes do not affect existing users of the Holtec HI-STORM 100 
Cask System; the current Amendment No. 9 and earlier amendments 
continue to be effective for existing users. While current CoC users 
may comply with the new requirements in Amendment No. 10, this would be 
a voluntary decision on the part of current users. For these reasons, 
Amendment No. 10 to CoC No. 1014 does not constitute backfitting under 
10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an 
inconsistency with the issue finality provisions applicable to combined 
licenses in 10 CFR part 52. Accordingly, no backfit analysis or 
additional documentation addressing the issue finality criteria in 10 
CFR part 52 has been prepared by the NRC staff.

XIII. Congressional Review Act

    The Office of Management and Budget has not found this to be a 
major 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.

------------------------------------------------------------------------
                 Document                       ADAMS Accession  No.
------------------------------------------------------------------------
Holtec International HI-STORM 100 Cask      ML15007A435.
 System--License Amendment Request (1014-
 10).
Proposed CoC No. 1014, Amendment No. 10...  ML15331A307.
Appendix A for Proposed CoC No. 1014,       ML15331A310.
 Amendment No. 10.
Appendix B for Proposed CoC No. 1014,       ML15331A311.
 Amendment No. 10.
Appendix A--100U for Proposed CoC No.       ML15331A312.
 1014, Amendment No. 10.
Appendix B--100U for Proposed CoC No.       ML15331A313.
 1014, Amendment No. 10.
Preliminary SER for Proposed CoC No. 1014,  ML15331A309.
 Amendment No. 10.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2015-0270. The Federal 
Rulemaking Web site allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2015-0270); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, 
Hazardous waste, Indians, Intergovernmental relations, Manpower 
training programs, Nuclear energy, 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:  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,

[[Page 13271]]

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 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.
    Amendment Number 10 Effective Date: May 31, 2016.
    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 2nd day of March, 2016.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director of Operations.
[FR Doc. 2016-05711 Filed 3-11-16; 8:45 am]
BILLING CODE 7590-01-P