[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)]
[Rules and Regulations]
[Pages 73335-73339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25408]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0155]
RIN 3150-AJ80


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM UMAX Canister Storage System; Certificate of Compliance No. 
1040, Amendment No. 2

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 HI-
STORM Underground Maximum Capacity (UMAX) Canister Storage System 
listing within the ``List of approved spent fuel storage casks'' to 
include Amendment No. 2 to Certificate of Compliance (CoC) No. 1040. 
Amendment No. 2 adds new fuel types to the HI-STORM UMAX Canister 
Storage System and updates an existing fuel type description. 
Additionally, Amendment No. 2 updates Table 3-4 of Appendix B of the 
CoC to reflect correct terminology and makes editorial changes to 
Appendix B of the CoC to clarify the description of the top surface 
pad. 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 January 9, 2017, unless 
significant adverse comments are received by November 25, 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direct final rule is withdrawn as a result of such comments, timely 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:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0155. 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: Gregory R. Trussell, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6445, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
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

[[Page 73336]]

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-2016-0155 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-2016-0155.
     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-2016-0155 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. 2 to 
CoC No. 1040 and does not include other aspects of the Holtec 
International HI-STORM UMAX Canister Storage 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 January 9, 2017. However, if the NRC receives 
significant adverse comments on this direct final rule by November 25, 
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.
    (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 (80 
FR 12073; March 6, 2015), as corrected (80 FR 15679; March 25, 2015), 
that approved the Holtec International HI-STORM UMAX Canister Storage 
System design and added it to the list of NRC-approved cask designs in 
10 CFR 72.214 as CoC No. 1040.

IV. Discussion of Changes

    By letter dated March 31, 2015, as supplemented June 19 and 
November 30, 2015, Holtec International submitted a request to the NRC 
to amend CoC No. 1040. Amendment No. 2 adds new fuel types to the HI-
STORM UMAX Canister Storage System and updates an existing fuel type 
description. Additionally, Amendment No. 2 updates Table 3-4 of 
Appendix B of the CoC to reflect correct terminology and makes 
editorial changes to Appendix B of the CoC to clarify the description 
of the top surface pad.
    Specifically, Amendment No. 2 adds new 16X16 fuel types to approved

[[Page 73337]]

contents, in CoC No. 1040, named 16X16B and 16X16C and updates 15X15I 
fuel types to include those with guide tubes. Amendment No. 2 revises 
Table 2.1-1 to allow up to 37 undamaged 16X16A fuel assemblies in 
damaged fuel containers (DFCs) for the multipurpose canister--37 
permitted for storage in the HI-STORM UMAX Canister Storage System. An 
updated heat load pattern is also included for loading up to 37 intact 
16X16A fuel assemblies in DFCs. Also, Appendix B, Table 3-4 was revised 
to clarify the ``Top Surface Pad'' term.
    As documented in the Preliminary Safety Evaluation Report (PSER), 
the NRC staff performed a detailed safety evaluation of the proposed 
CoC amendment request. There are no significant changes to cask 
fabrication or design requirements in the proposed CoC amendment. There 
will be no significant change in the types or significant revisions in 
the amounts of any effluent released, no significant increase in the 
individual or cumulative radiation exposure, and no significant 
increase in the potential for or consequences from radiological 
accidents. In addition, any resulting occupational exposure or offsite 
dose rates from the implementation of Amendment No. 2 would remain 
within the 10 CFR part 20 limits. Thus, as discussed in the PSER, staff 
has determined that there is reasonable assurance that: (i) The 
activities authorized by the amended certificate can be conducted 
without endangering the health and safety of the public, and (ii) these 
activities will be conducted in compliance with the applicable 
regulations of 10 CFR part 72.
    This direct final rule revises the Holtec International HI-STORM 
UMAX Canister Storage System listing in 10 CFR 72.214 by adding 
Amendment No. 2 to CoC No. 1040. The amendment consists of the changes 
previously described, as set forth in the revised CoC and TSs. The 
revised TSs are identified in the PSER.
    The amended Holtec International HI-STORM UMAX Canister Storage 
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 Holtec International HI-STORM UMAX 
Canister Storage System casks that meet the criteria of Amendment No. 2 
to CoC No. 1040 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 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 UMAX Canister Storage 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 
International HI-STORM UMAX Canister Storage System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
2 to CoC No. 1040. Under the National Environmental Policy Act of 1969, 
as amended, 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 is not required. The NRC has made a finding of no 
significant impact on the basis of this environmental assessment.

B. The Need for the Action

    This direct final rule amends the CoC for the Holtec International 
HI-STORM UMAX Canister Storage 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. Amendment 
No. 2 adds new fuel types to the HI-STORM UMAX Canister Storage System 
and updates an existing fuel type description. Additionally, Amendment 
No. 2 updates Table 3-4 of Appendix B of the CoC to reflect correct 
terminology and makes editorial changes to Appendix B of the CoC to 
clarify the description of the top surface pad.
    Specifically, Amendment No. 2 adds new 16X16 fuel types to approved 
contents, in CoC No. 1040, named 16X16B and 16X16C and updates 15X15I 
fuel types to include those with guide tubes. Amendment No. 2 revises 
Table 2.1-1 to allow up to 37 undamaged 16X16A fuel assemblies in DFCs 
for the multipurpose canister--37 permitted for storage in the HI-STORM 
UMAX Canister Storage System. An updated heat load pattern is also 
included for loading up to 37 intact 16X16A fuel assemblies in DFCs. 
Also, Appendix B, Table 3-4 was revised to clarify the ``Top Surface 
Pad'' term.

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 environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 2 tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act.
    The Holtec International HI-STORM UMAX Canister Storage System is 
designed to mitigate the effects of design basis accidents that could 
occur during

[[Page 73338]]

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 amendment does not reflect a significant change in 
design or fabrication of the cask. There are no significant changes to 
cask design requirements in the proposed CoC amendment. In addition, 
because there are no significant design or process changes, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 2 would remain well within the 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 
environmental assessment supporting the July 18, 1990, final rule. 
There will be no significant change in the types or significant 
revisions in the amounts of any effluent released, no significant 
increase in the individual or cumulative radiation exposure, and no 
significant increase in the potential for or consequences from 
radiological accidents. The staff documented its safety findings in a 
PSER.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
2 and discontinue the direct final rule process. Consequently, any 10 
CFR part 72 general licensee that seeks to load spent nuclear fuel into 
the Holtec International HI-STORM UMAX Canister Storage System in 
accordance with the changes described in proposed Amendment No. 2 would 
have to request an exemption from the requirements of 10 CFR 72.212 and 
72.214. Under this alternative, an interested 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. Therefore, the environmental impacts would 
be the same or less than the proposed action.

E. Alternative Use of Resources

    Approval of Amendment No. 2 to CoC No. 1040 would result in no 
irreversible commitment of resources.

F. Agencies and Persons Contacted

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

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 
environmental assessment, the NRC concludes that this direct final rule 
entitled, ``List of Approved Spent Fuel Storage Casks: Holtec 
International HI-STORM UMAX Canister Storage System, Amendment No. 2'' 
will not have a significant effect on the human environment. Therefore, 
the NRC has determined that an environmental impact statement is not 
necessary for this direct final rule.

IX. Paperwork Reduction Act Statement

    This final rule does not contain any new or amended collections of 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.). Existing collections os information 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 collection of information collection unless the document 
requesting or requiring the collection displays a currently valid OMB 
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 
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).

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 March 6, 2015 (80 FR 12073), 
as corrected on March 25, 2015 (80 FR 15679), the NRC issued an 
amendment to 10 CFR part 72 that approved the Holtec International HI-
STORM UMAX Canister Storage System design by adding it to the list of 
NRC-approved cask designs in 10 CFR 72.214. By letter dated March 31, 
2015, as supplemented June 19 and November 30, 2015, Holtec submitted 
an application to amend the Holtec International HI-STORM UMAX Canister 
Storage System as described in Section IV, ``Discussion of Changes,'' 
of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 2 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the Holtec International HI-STORM UMAX 
Canister Storage System under the changes described in Amendment No. 2 
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 PSER 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 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. 1040

[[Page 73339]]

for the Holtec International HI-STORM UMAX Canister Storage System, as 
currently listed in 10 CFR 72.214, ``List of approved spent fuel 
storage casks.'' Amendment No. 2 adds new fuel types to the HI-STORM 
UMAX Canister Storage System and updates an existing fuel type 
description. Additionally Amendment No. 2 updates Table 3-4 of Appendix 
B of the CoC to reflect correct terminology and makes editorial changes 
to Appendix B of the CoC to clarify the description of the top surface 
pad.
    Amendment No. 2 to CoC No. 1040 for the Holtec International HI-
STORM UMAX Canister Storage System was initiated by Holtec and was not 
submitted in response to new NRC requirements, or an NRC request for 
amendment. Amendment No. 2 applies only to new casks fabricated and 
used under Amendment No. 2. These changes do not affect existing users 
of the Holtec International HI-STORM UMAX Canister Storage System, and 
the current Amendment No. 1 continues to be effective for existing 
users. While current CoC users may comply with the new requirements in 
Amendment No. 2, this would be a voluntary decision on the part of 
current users. For these reasons, Amendment No. 2 to CoC No. 1040 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 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 License Amendment Request;  ML15092A783
 Letter Dated March 31, 2015.
Supplemental Letter Dated June     ML15170A434
 19, 2015.
Supplemental Letter Dated          ML15334A496
 November 30, 2015.
Proposed CoC No. 1040, Amendment   ML16035A416
 No. 2.
Proposed CoC No. 1040, Amendment   ML16039A113
 No. 2--Technical Specifications,
 Appendix A.
Proposed CoC No. 1040, Amendment   ML16039A115
 No. 2--Technical Specifications,
 Appendix B.
CoC No. 1040, Amendment No. 2--    ML16039A156
 Preliminary Safety Evaluation
 Report.
------------------------------------------------------------------------

    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-2016-0155. 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-2016-0155); (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, 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 1040 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1040.
    Initial Certificate Effective Date: April 6, 2015.
    Amendment Number 1 Effective Date: September 8, 2015.
    Amendment Number 2, Effective Date: January 9, 2017.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the Holtec 
International HI-STORM UMAX Canister Storage System.
    Docket Number: 72-1040.
    Certificate Expiration Date: April 6, 2035.
    Model Number: MPC-37, MPC-89.

    Dated at Rockville, Maryland, this 4th day of October, 2016.

    For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2016-25408 Filed 10-24-16; 8:45 am]
 BILLING CODE 7590-01-P