[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Rules and Regulations]
[Pages 78021-78022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26775]



10 CFR Part 72

RIN 3150-AJ75

List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; confirmation of effective date.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the 
effective date of November 7, 2016, for the direct final rule that was 
published in the Federal Register on August 23, 2016. The direct final 
rule amended the NRC's spent fuel storage regulations by revising the 
``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 
2 to Certificate of Compliance (CoC) No. 1032 for the Holtec 
International (Holtec) HI-STORM Flood/Wind (FW) Multipurpose Canister 
(MPC) Storage System.

DATES: Effective Date: The effective date of November 7, 2016, for the 
direct final rule published August 23, 2016 (81 FR 57442), is 

ADDRESSES: Please refer to Docket ID NRC-2016-0103 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-2016-0103. 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]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
     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: Vanessa Cox, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-8342 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: On August 23, 2016 (81 FR 57442), the NRC 
published a direct final rule amending Sec.  72.214 of title 10 of the 
Code of Federal Regulations (10 CFR) by revising the ``List of approved 
spent fuel storage casks'' to include Amendment No. 2 to CoC No. 1032 
for the Holtec HI-STORM FW MPC Storage System. Amendment No. 2 adds new 
fuel types to the HI-STORM FW MPC Storage System, adds new criticality 
calculations, updates an existing fuel type description, includes 
changes previously incorporated in Amendment No. 0 to CoC No. 1032, 
Revision 1, and makes clarifying changes to a CoC condition. In the 
direct final rule, the NRC stated that if no significant adverse 
comments were received, the direct final rule would become effective on 
November 7, 2016. As described more fully in the direct final rule, 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.
    The NRC received two comments on the direct final rule (ADAMS 
Accession Nos. ML16252A336 and ML16271A024). As described below, the 
NRC determined that these were not significant adverse comments and did 
not make any changes to the direct final rule as a result of the public 
    One comment stated ``good.'' The NRC determined that this comment 
does not meet the criteria of significant and adverse because it does 
not explain why

[[Page 78022]]

the rule is inappropriate. The other comment contained general 
statements and questions about dry cask storage systems manufactured by 
Holtec and used overseas, Independent Spent Fuel Storage Installations, 
and the infrastructure for the transportation of spent fuel. The NRC 
determined that this general comment about spent fuel storage and 
transportation is not within the scope of the direct final rule, which 
is limited to the specific changes contained in Amendment No. 2 to CoC 
No. 1032. Therefore, because no significant adverse comments were 
received, the direct final rule will become effective as scheduled. The 
final CoC, Technical Specifications, and Safety Evaluation Report can 
be viewed in ADAMS under Accession No. ML16280A008.

    Dated: November 1, 2016.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2016-26775 Filed 11-4-16; 8:45 am]