[Federal Register Volume 81, Number 104 (Tuesday, May 31, 2016)]
[Rules and Regulations]
[Pages 34241-34242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12689]



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  Federal Register / Vol. 81, No. 104 / Tuesday, May 31, 2016 / Rules 
and Regulations  

[[Page 34241]]



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; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; confirmation of effective date and 
correcting amendments.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the 
effective date of May 31, 2016, for the direct final rule that was 
published in the Federal Register on March 14, 2016. The direct final 
rule amended the NRC's spent fuel storage regulations by revising the 
Holtec International (Holtec) 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. In addition, the 
NRC is correcting the direct final rule because it inadvertently 
omitted Revision 1 to Amendment Nos. 8 and 9 to CoC No. 1014.

DATES: Effective date: The effective date of May 31, 2016, for the 
direct final rule published March 14, 2016 (81 FR 13265), is confirmed. 
The correcting amendments are effective on May 31, 2016.

ADDRESSES: 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. 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.
     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].
     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.

FOR FURTHER INFORMATION CONTACT: Robert 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: 

I. Discussion

    On March 14, 2016 (81 FR 13265), the NRC published a direct final 
rule amending its regulations in Sec.  72.214 of title 10 of the Code 
of Federal Regulations by revising 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. Amendment No. 10 adds new 
fuel classes to the contents approved for the loading of 16 x 16-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 
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.
    The March 14, 2016, direct final rule inadvertently omitted 
Revision 1 to Amendment No. 8 (effective May 2, 2012, as corrected on 
November 16, 2012) to CoC No. 1014. In a final rule published in the 
Federal Register on August 18, 2015 (80 FR 49887), the NRC amended its 
spent fuel storage regulations by revising the Holtec HI-STORM 100 Cask 
System listing within the ``List of approved spent fuel storage casks'' 
to add Revision 1 to Amendment No. 8 (effective May 2, 2012, as 
corrected on November 16, 2012) to the CoC No. 1014. In addition, the 
March 14, 2016, direct final rule inadvertently omitted Revision 1 to 
Amendment No. 9. In a final rule published in the Federal Register on 
January 6, 2016 (81 FR 371), the NRC amended its spent fuel storage 
regulations by revising the Holtec HI-STORM 100 Cask System listing 
within the ``List of approved spent fuel storage casks'' to add 
Revision 1 to Amendment No. 9 to the CoC No. 1014. This document 
restores Revision 1 to Amendment Nos. 8 and 9 to CoC No. 1014.

II. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. As authorized by 5 U.S.C. 553(b)(B), the NRC finds 
good cause to waive notice and opportunity for comment on the 
amendments because they will have no substantive impact and the 
amendments are of a minor and administrative nature. Specifically, 
these amendments are to restore Revision 1 to Amendment Nos. 8 and 9 to 
CoC No. 1014. These amendments do not require action by any person or 
entity regulated by the NRC. Also, the amendments do not change the 
substantive responsibilities of any person or entity regulated by the 
NRC. For these reasons, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), 
that good cause exists to make the amendments effective upon 
publication of this document.

[[Page 34242]]

III. Public Comments on the Companion Proposed Rule

    In the direct final rule, the NRC stated that if no significant 
adverse comments were received, the direct final rule would become 
effective on May 31, 2016. The NRC received four comment submissions 
with 22 individual comments on the companion proposed rule (81 FR 
13295). Electronic copies of these comments can be obtained from the 
Federal Rulemaking Web site, http://www.regulations.gov, by searching 
for Docket ID NRC-2015-0270. The comments are also available in ADAMS 
under Accession Nos. ML16105A423, ML16105A424, ML16105A425, and 
ML16105A426. For the reasons discussed in more detail in Section IV, 
``Public Comment Analysis,'' of this document, none of the comments 
received are considered significant adverse comments as defined in 
NUREG/BR-0053, Revision 6, ``United States Nuclear Regulatory 
Commission Regulations Handbook'' (ADAMS Accession No. ML052720461).

IV. Public Comment Analysis

    The NRC received four comment submissions with 22 individual 
comments on the companion proposed rule. As explained in the March 14, 
2016, direct final rule, the NRC would withdraw the direct final rule 
only if it received a ``significant adverse comment.'' This 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 Technical Specifications.
    The NRC determined that none of the comments submitted on this 
direct final rule met any of these criteria. The comments either were 
already addressed by the NRC staff's safety evaluation report (SER) 
(ADAMS Accession No. ML15331A309), or were beyond the scope of this 
rulemaking. The NRC has not made any changes to the direct final rule 
as a result of the public comments. However, the NRC will take the 
opportunity to respond to the comments in a separate Federal Register 
notice that will be published in June 2016. You will be able to access 
the separate Federal Register notice 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).
    The NRC staff has concluded that the comments received on the 
companion proposed rule for the Holtec HI-STORM 100 Cask System, CoC 
No. 1014, Amendment No. 10, are not significant adverse comments as 
defined in NUREG/BR-0053, Revision 6. Therefore, the direct final rule 
will become effective as scheduled.

List of Subjects for 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; 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.
    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); superseded by 
Amendment Number 8, Revision 1 Effective Date: February 16, 2016.
    Amendment Number 8, Revision 1 Effective Date: February 16, 2016.
    Amendment Number 9 Effective Date: March 11, 2014, superseded by 
Amendment Number 9, Revision 1, on March 21, 2016.
    Amendment Number 9, Revision 1, Effective Date: March 21, 2016.
    Amendment Number 10 Effective Date: May 31, 2016.
    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.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 25th day of May, 2016.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2016-12689 Filed 5-27-16; 8:45 am]
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