[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Rules and Regulations]
[Pages 8353-8360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31990]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0200]
RIN 3150-AJ86


List of Approved Spent Fuel Storage Casks: AREVA Inc., 
Standardized NUHOMS[supreg] Cask System, Certificate of Compliance No. 
1004, Amendment No. 14, and Revision 1 of the Initial Certificate, 
Amendment Nos. 1 Through 11, and Amendment No. 13

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 AREVA Inc. (AREVA), 
Standardized NUHOMS[supreg] Cask System listing within the ``List of 
approved spent fuel storage casks'' to add Amendment No. 14, and 
Revision 1 to the Initial Certificate, Amendment Nos. 1 through 11, and 
Amendment No. 13 to Certificate of Compliance (CoC) No. 1004. Amendment 
No. 14 will revise multiple items in the technical specifications (TSs) 
for dry shielded canister (DSC) models listed under CoC No. 1004; most 
of these revisions involve changes to the authorized contents. The 
revisions to the Initial Certificate, Amendment Nos. 1 through 11, and 
Amendment No. 13 will remove language in the TSs that requires a 
transfer cask (TC) containing a DSC to be returned to the spent fuel 
pool following a drop of over 15 inches.

DATES: The direct final rule is effective April 25, 2017, unless 
significant adverse comments are received by February 24, 2017. If the 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the

[[Page 8354]]

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-2016-0200. 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: Edward Lohr, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-0253; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
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-2016-0200 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-2016-0200.
     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-2016-0200 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. Rulemaking Procedure

    This rule is limited to the changes contained in Amendment No. 14 
and the revisions to the Initial Certificate, Amendment Nos. 1 through 
11, and Amendment No. 13 to CoC No. 1004 and does not include other 
aspects of the AREVA Standardized NUHOMS[supreg] Cask System design. 
The NRC is using the ``direct final rule procedure'' to issue the 
amendment and revisions because they represent limited and routine 
changes to an existing CoC that are expected to be noncontroversial. 
Adequate protection of public health and safety continues to be 
ensured. The amendment and revisions to the rule will become effective 
on April 25, 2017. This direct final rule has an effective date of 90 
days from publication in lieu of the historical 75 days because it has 
two rulemaking actions that have to be coordinated after the public 
comment period is closed and before the final rule takes effect. 
However, if the NRC receives significant adverse comments on this 
direct final rule by February 24, 2017, 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 Rules section of this issue of 
the Federal Register. Absent significant modifications to the proposed 
amendment and 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 TSs.
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the

[[Page 8355]]

Proposed Rules 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. On December 22, 1994, the NRC issued a final 
rule approving the AREVA Standardized NUHOMS[supreg] Cask System design 
(59 FR 65898) and CoC No. 1004 was added to the list of NRC-approved 
cask designs in 10 CFR 72.214.

IV. Discussion of Changes

    On November 4, 2014, AREVA submitted an application for renewal of 
the Standardized NUHOMS[supreg] storage system, which is currently 
under review by the NRC staff. Because AREVA's renewal application was 
submitted more than 30 days in advance of the certificate's expiration 
date of January 23, 2015, and the NRC staff has yet to make a final 
determination on the renewal application, pursuant to the regulation in 
10 CFR 72.240(b), the existing certificates have not expired.
    By letter dated April 16, 2015, as supplemented on November 11, 
2015, and March 14, 2016, AREVA submitted a request to the NRC to amend 
CoC No. 1004 by adding Amendment No. 14. Also, by letter dated August 
24, 2015, as supplemented on February 9, 2016, AREVA submitted a 
request to the NRC to add Revision 1 of the Initial Certificate, 
Amendment Nos. 1 through 11, and Amendment No. 13 to CoC No. 1004. 
These two requests are included in this rulemaking.
    As documented in the Preliminary Safety Evaluation Report for AREVA 
Amendment No. 14 to CoC No. 1004 and Preliminary Safety Evaluation 
Report (PSER) for AREVA Revisions of Initial Certificate, Amendment 
Nos. 1 through 11, and Amendment No. 13 to CoC No. 1004 and described 
in this section, the NRC staff performed a detailed safety evaluation 
of the proposed CoC amendment and revisions. This direct final rule 
revises the AREVA Standardized NUHOMS[supreg] Cask System listing in 10 
CFR 72.214 by adding Amendment No. 14 and Revision 1 of the Initial 
Certificate, Amendment Nos. 1 through 11, and Amendment No. 13 to CoC 
No. 1004. The term ``Amendment 0'' used in the supporting documents for 
this direct final rulemaking and the term ``Initial Certificate'' used 
in 10 CFR 72.214 describes the same document. Initial Certificate is 
the correct term and will be used henceforth when discussion involves 
this document. The revised TSs are identified in the PSERs.
Changes to the CoC No. 1004 and TSs Under Amendment No. 14
    Amendment No. 14 to CoC No. 1004 includes the following provisions:
     Improvements to the fuel qualification tables for the 
boiling water reactor (BWR) and pressurized water reactor DSCs to allow 
for the calculation of cooling times for different uranium loading;
     Inclusion of new heat load zoning configurations for the 
61BTH, 32PTH1 and 69BTH DSCs;
     Authorization of storage of up to 61 damaged BWR fuel 
assemblies in the 61BTH DSC;
     Authorization of storage of up to 16 failed fuel cans in 
the 32PTH1 DSC;
     Expansion of the 37PTH criticality analysis to include 
poison rod assemblies;
     Evaluation of the horizontal storage module (HSM) model 
HSM-H for shielding impact of reduced density concrete and gaps during 
installation;
     Clarification and revision of various terms and 
definitions in the TSs;
     Authorization of acceptance testing for neutron absorber 
content to be performed by either neutron transmission or by B-10 
volume density measurement;
     Removal of language in the TSs that required a TC 
containing a DSC be returned to the spent fuel pool following a drop of 
over 15 inches, and instead permit the general licensee to determine 
the best available option for inspection of the TC/DSC by either 
returning it to the spent fuel pool or an alternate means;
     Revision of the minimum soluble boron concentration of 
2800 ppm for Type A2 poison for Westinghouse 17x17 fuel design only;
     Update the existing Fuel Qualification Table for the 
32PTH1 DSC with a heat load of 1.2 kW/FA; and
     Allowance for an alternative loading configuration of 16 
damaged fuel assemblies in the 32PTH1 DSC.
    These changes do not result in any changes to the design of the 
major components of the Standardized NUHOMS[supreg] Cask System. Most 
of the changes are related to the authorized contents. Similar changes 
have been reviewed and approved by the NRC for CoC No. 1030 for the 
NUHOMS[supreg] HD System.
Changes to the CoC and TSs Under Revision 1 of the Initial Certificate, 
Amendment Nos. 1 Through 11, and Amendment No. 13
    Revisions to the Initial Certificate, Amendment Nos. 1 through 11, 
and Amendment No. 13 of the CoC No. 1004 include:
     Removal of language in the TSs that required a TC 
containing a DSC be returned to the spent fuel pool following a drop of 
over 15 inches, and instead permit the general licensee to determine 
the best available option for inspection of the TC/DSC by either 
returning it to the spent fuel pool or an alternate means; and
     Clarifying language in the TSs that requires a transfer 
cask be returned to the spent fuel pool.
    As documented in the PSERs, the NRC staff performed a detailed 
safety evaluation of the proposed CoC amendment and revisions. There 
are no significant changes to cask design requirements in the CoC 
amendment or revisions. The staff evaluated the specific design 
requirements for each accident condition and finds that the design of 
the cask will prevent loss of containment, shielding, and criticality 
control. Therefore, the environmental impacts of these actions would be 
insignificant. This amendment and revisions to existing amendments do 
not reflect significant changes in design or fabrication of the cask. 
In addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 14

[[Page 8356]]

and Revision 1 of the Initial Certificate, Amendment Nos. 1 through 11, 
and Amendment No. 13 will remain well within the 10 CFR part 20 limits. 
Therefore, the CoC changes will not result in radiological or non-
radiological environmental impacts that differ significantly from the 
environmental impacts evaluated in the environmental assessment 
supporting the December 22, 1994, 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 consequences from radiological accidents.
    This direct final rule revises the AREVA Standardized 
NUHOMS[supreg] Cask System listing in 10 CFR 72.214 by adding Amendment 
No. 14 and Revision 1 of the Initial Certificate, Amendment Nos. 1 
through 11, and Amendment No. 13 to CoC No. 1004. The changes, 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 AREVA Standardized NUHOMS[supreg] Cask Systems that meet the 
criteria of Amendment No. 14 to CoC No. 1004 under 10 CFR 72.212. 
Persons who hold a general license under 10 CFR 72.210 have 180 days 
after the effective date of Revision 1 of the Initial Certificate, 
Amendment Nos. 1 through 11, and Amendment No. 13 to perform a 10 CFR 
72.212 evaluation and to implement the changes authorized by the 
revisions.

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 AREVA Standardized NUHOMS[supreg] 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, it may wish 
to inform its licensees of certain requirements via a mechanism that is 
consistent with the particular State's administrative procedure laws, 
but does not confer regulatory authority on the State.

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 AREVA 
Standardized NUHOMS[supreg] Cask System listing within the ``List of 
approved spent fuel storage casks'' to add Amendment No. 14 and 
Revision 1 of the Initial Certificate, Amendment Nos. 1 through 11, and 
Amendment No. 13 to CoC No. 1004. 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 CoC No. 1004 for the AREVA 
Standardized NUHOMS[supreg] 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. 14 revises TSs to allow for additional 
authorized contents be stored in the cask. Similar changes were 
previously reviewed and approved by the NRC for CoC No. 1030 for the 
NUHOMS[supreg] HD System. Revision 1 of the Initial Certificate, 
Amendment Nos. 1 through 11, and Amendment No. 13 of CoC No. 1004 
clarifies language in the TSs that requires a transfer cask be returned 
to the spent fuel pool, by permitting the general licensee to determine 
the best available option for inspection of the TC/DSC by either 
returning it to the spent fuel pool or inspection by alternate means.

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 Amendment No. 14 and Revision 1 of the 
Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 13 
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 AREVA Standardized NUHOMS[supreg] 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 (ISFSI), 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. The amendment and revisions to existing amendments do 
not reflect a significant change in

[[Page 8357]]

design or fabrication of the cask. There are no significant changes to 
cask design requirements in the proposed CoC amendment and revisions to 
exiting amendments. 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. 14 and 
Revision 1 of the Initial Certificate, Amendment Nos. 1 through 11, and 
Amendment No. 13 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 the PSERs.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
14 and Revision 1 of the Initial Certificate, Amendment Nos. 1 through 
11, and Amendment No. 13, and end the direct final rule. Consequently, 
any 10 CFR part 72 general licensee that seeks to load spent nuclear 
fuel into the AREVA Standardized NUHOMS[supreg] Cask System in 
accordance with the changes described in Amendment No. 14 and Revision 
1 of the Initial Certificate, Amendment Nos. 1 through 11, and 
Amendment No. 13 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 
action.

E. Alternative Use of Resources

    Approval of Amendment No. 14 and Revision 1 of the Initial 
Certificate, Amendment Nos. 1 through 11, and Amendment No. 13 to CoC 
No. 1004 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 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: AREVA Inc., 
Standardized NUHOMS[supreg] Cask System, Certificate of Compliance No. 
1004, Amendment No. 14, and Revision 1 of the Initial Certificate, 
Amendment Nos. 1 through 11, and Amendment No. 13,'' 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 of 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 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 AREVA. 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 December 22, 1994 (59 FR 
65898), the NRC issued an amendment to 10 CFR part 72 that approved the 
AREVA Standardized NUHOMS[supreg] Cask System design by adding it to 
the list of NRC-approved cask designs in 10 CFR 72.214.
    By letter dated April 16, 2015, as supplemented on November 11, 
2015, and March 14, 2016, AREVA submitted a request to the NRC to amend 
CoC No. 1004 by adding Amendment No. 14. Also, by letter dated August 
24, 2015, as supplemented on February 9, 2016, AREVA submitted a 
request to the NRC to amend CoC No. 1004 by adding Revision 1 of the 
Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 13. 
These requests are described in Section IV, ``Discussion of Changes,'' 
of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 14 and Revision 1 of the Initial Certificate, Amendment Nos. 1 
through 11, and Amendment No. 13. Withholding approval of these actions 
would require any 10 CFR part 72 general licensee seeking to load spent 
nuclear fuel into the AREVA Standardized NUHOMS[supreg] Cask System 
under the changes described in Amendment No. 14 and Revision 1 of the 
Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 13 
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 be required to prepare a separate exemption request and the NRC 
would need to review separate exemption requests, which would increase 
the administrative burden on 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 PSERs 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.

[[Page 8358]]

XII. Backfitting and Issue Finality

Changes to CoC No. 1004 and TSs Under Amendment No. 14

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule and therefore, a backfit analysis 
is not required. First, this direct final rule revises CoC No. 1004 for 
the AREVA Standardized NUHOMS[supreg] Cask System, as currently listed 
in 10 CFR 72.214, ``List of approved spent fuel storage casks.'' 
Amendment No. 14 revises multiple items in the TSs for the DSC models 
listed under CoC No. 1004; these include changes to the load zoning 
configurations for spent fuel assemblies, improvements to the spent 
fuel qualification tables for select DSCs, authorizing changes in the 
spent fuel parameters for storage, and evaluating the shielding impacts 
of gaps in the HSMs, among others. Amendment No. 14 to CoC No. 1004 for 
the AREVA Standardized NUHOMS[supreg] Cask System was initiated by 
AREVA. It was not submitted in response to the imposition of new NRC 
requirements or an NRC request for an amendment. Amendment No. 14 
applies only to new casks that are fabricated and used under Amendment 
No. 14. The proposed changes to the CoC and the TSs will not affect 
existing users of the AREVA Standardized NUHOMS[supreg] Cask System. 
While current CoC users may comply with the new requirements in 
Amendment No. 14, this would be a voluntary decision on the part of 
current users. For these reasons, Amendment No. 14 to CoC No. 1004 does 
not constitute backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1).
    The current holders of combined licenses issued under 10 CFR part 
52, which also by law have general ISFSI licenses under 10 CFR part 72, 
do not use the Standardized NUHOMS[supreg] Cask System, and therefore 
are unaffected by Amendment No. 14. Therefore, this rulemaking does not 
involve any issue finality considerations for those licensees. 
Amendment No. 14 does not affect entities with regulatory approvals 
issued under 10 CFR part 52. Therefore, the portion of this rulemaking 
concerning Amendment No. 14 does not involve any other issue finality 
concerns.

Changes to the CoC No. 1004 and TSs Under Revision 1 of the Initial 
Certificate, Amendment Nos. 1 Through 11, and Amendment No. 13

    AREVA requested Revision 1 of the Initial Certificate, Amendment 
Nos. 1 through 11, and Amendment No. 13 for CoC No. 1004 for the 
Standardized NUHOMS[supreg] Cask System, as currently listed in 10 CFR 
72.214, ``List of Approved Spent Fuel Storage Casks.'' The revisions to 
the Initial Certificate, Amendment Nos. 1 through 11, and Amendment No. 
13 will remove language in TS 1.2.10 that requires a TC containing a 
DSC be returned to the spent fuel pool following a drop of over 15 
inches. The revised TS.1.210 will permit the general licensee to 
determine the best available option for inspection of the TC/DSC by 
either returning it to the spent fuel pool or an alternate means. The 
general licensee will inspect and evaluate the DSC/TC for damage before 
further use. This inspection requirement provides the option to inspect 
the DSC in a spent fuel pool or another proper location.
    Revision 1 of the Initial Certificate, Amendment Nos. 1 through 11, 
and Amendment No. 13 to CoC No. 1004 provides a voluntary alternative 
to the current requirement that a loaded DSC must be returned to the 
spent fuel pool following a drop exceeding 15 inches. Although the TSs 
for AREVA casks manufactured under existing CoC No. 1004 are being 
revised by this final rule, the staff finds the backfitting rule does 
not apply to AREVA's request because AREVA is the cask system vendor 
and the backfitting rule at 10 CFR 72.62 applies to general licensees.
    AREVA, however, requested that the changes in Revision 1 be applied 
to the existing casks manufactured under the Initial Certificate, 
Amendment Nos. 1 through 11, and Amendment No. 13. For this reason, the 
NRC staff considered what effect revising the CoCs and TSs will have on 
general licensees currently using the casks and whether the changes 
constitute backfitting or a violation of issue finality under 10 CFR 
part 52. AREVA provided casks to general licensees at numerous reactor 
facilities under the Initial Certificate, Amendment Nos. 1 through 11, 
and Amendment No. 13 to CoC No. 1004. Under 10 CFR 72.62, general 
licensees are entities that are protected from backfitting, absent the 
NRC staff's determination that the protection of occupational or public 
health and safety warrants the backfit. General licensees are required 
by 10 CFR 72.212(b)(3), to ensure that each cask conforms to the terms, 
conditions, and specifications of a CoC, and that each cask is safely 
used at its site.
    The general licensees affected by the revisions to CoC No. 1004 
voluntarily committed in writing to implement the revised TS changes at 
their ISFSIs. The revised TSs provide that in the event a DSC is 
dropped from greater than 15 inches, the general licensee may choose to 
return it to the spent fuel pool for inspection, or in the alternative, 
inspect the canister by other means. In either case, the revised TS 
1.2.10 requires inspection and evaluation of the DSC and TC for damage 
before further use.
    The new TSs specifically provide a general licensee with an 
alternative to the current requirement. The option to use a new 
voluntary alternative method does not constitute a required change 
under the backfit rule and therefore does not constitute backfitting 
under 10 CFR 72.62. For these reasons discussed, no backfit analysis 
has been prepared by the NRC staff. The two current holders of combined 
licenses, who also hold a general ISFSI license under 10 CFR part 72, 
do not use the Standardized NUHOMS[supreg] Cask System. Accordingly, 
there are no issue finality considerations with respect to Revision 1 
to the Initial Certificate, Amendment Nos. 1 through 11, and Amendment 
No. 13. Revision 1 does not affect entities with regulatory approvals 
issued under 10 CFR part 52. Therefore, the portion of this rulemaking 
concerning Revision 1 does not involve any other issue finality 
concerns.
    In order to provide the general licensees adequate time to evaluate 
and implement modifications to the Standardized NUHOMS[supreg] Cask 
System required by the revised CoC, a new condition is added to CoC No. 
1004. The condition provides general licensees 180 days from the 
effective date of Revision 1 of the Initial Certificate, Amendment Nos. 
1 through 11, and Amendment No. 13 to CoC No. 1004 to implement the 
changes authorized by the revision. The new condition also provides 
general licensees 180 days to perform the evaluation required by 10 CFR 
72.212(b)(5)(i-iii).

XIII. Congressional Review Act

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

[[Page 8359]]



------------------------------------------------------------------------
            Document                      ADAMS accession number
------------------------------------------------------------------------
AREVA Application for Renewal of  ML14309A341 (Package).
 Standardized NUHOMS[supreg]
 Storage System, letter dated
 November 4, 2014.
AREVA Request to Add Amendment    ML15114A056.
 No. 14 to CoC No. 1004, letter
 dated April 16, 2015.
Summary of June 10, 2015, Public  ML15176A344 (Package).
 Meeting with AREVA to Discuss
 Amendment No. 14 to CoC No.
 1004.
NRC Request for Additional        ML15245A064.
 Information Related to AREVA
 Amendment No. 14 to CoC No.
 1004, letter dated August 31,
 2015.
AREVA Response to NRC Request     ML15331A355 (Package).
 for Additional Information
 Related to Amendment No. 14 to
 CoC No. 1004, letter dated
 November 11, 2015.
NRC Request for Additional        ML16049A559.
 Information Related to AREVA
 Amendment No. 14 to CoC No.
 1004, letter dated February 17,
 2016.
AREVA Response to NRC Request     ML16076A231.
 for Additional Information
 Related to Amendment No. 14 to
 CoC No. 1004, letter dated
 March 14, 2016.
AREVA Amendment No. 14 to CoC     ML16246A173.
 No. 1004.
Technical Specifications for      ML16246A170.
 AREVA Amendment No. 14 to CoC
 No. 1004.
Preliminary Safety Evaluation     ML16246A169.
 Report for AREVA Amendment No.
 14 to CoC No. 1004.
Final Safety Evaluation Report    ML14288A485.
 for CoC No. 1030.
AREVA Requested Revisions of      ML15239A718 (Package).
 Amendment Nos. 0-11, and
 Amendment No. 13 to CoC No.
 1004, letter dated August 24,
 2015 *.
NRC Request for Additional        ML16019A301 (Package).
 Information Related to AREVA
 Revisions of Amendment Nos. 0-
 11, and Amendment No. 13 to CoC
 No. 1004, letter dated January
 19, 2016*.
AREVA Response to NRC Request     ML16054A214 (Package).
 for Additional Information
 Related to Revisions of
 Amendment Nos. 0-11, and
 Amendment No. 13 to CoC No.
 1004, letter dated February 9,
 2016*.
AREVA Revisions of Amendment      ML16183A005 (Package).
 Nos. 0-11, and Amendment No. 13
 to CoC No. 1004 (including
 technical specifications) *.
Supporting Documentation Related  ML16054A226 (Package).
 to Backfit from General
 Licensees Associated with AREVA
 Request to Revise Amendment
 Nos. 0-11, and Amendment No. 13
 to CoC No. 1004 *.
Preliminary Safety Evaluation     ML16183A022.
 Report for AREVA Revisions of
 Amendment Nos. 0-11, and
 Amendment No. 13 to CoC No.
 1004 *.
------------------------------------------------------------------------
* The term ``Amendment 0'' used in the supporting documents for this
  direct final rulemaking and the term ``Initial Certificate'' used in
  10 CFR 72.214 describes the same document. Initial Certificate is the
  correct term and will be used henceforth when discussion involves this
  document.

    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-2016-0200. 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-2016-0200); (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 1004 is revised to read 
as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995, superseded by 
Initial Certificate, Revision 1, on April 25, 2017.
    Initial Certificate, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 1 Effective Date: April 27, 2000, superseded by 
Amendment Number 1, Revision 1 on April 25, 2017.
    Amendment Number 1, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Amendment Number 2, Revision 1 on April 25, 2017.
    Amendment Number 2, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 3 Effective Date: September 12, 2001, superseded 
by Amendment Number 3, Revision 1 on April 25, 2017.
    Amendment Number 3, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 4 Effective Date: February 12, 2002, superseded by 
Amendment Number 4, Revision 1 on April 25, 2017.
    Amendment Number 4, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 5 Effective Date: January 7, 2004, superseded by 
Amendment Number 5, Revision 1 on April 25, 2017.
    Amendment Number 5, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 6 Effective Date: December 22, 2003, superseded by 
Amendment Number 6, Revision 1 on April 25, 2017.
    Amendment Number 6, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 7 Effective Date: March 2, 2004, superseded by

[[Page 8360]]

Amendment Number 7, Revision 1 on April 25, 2017.
    Amendment Number 7, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 8 Effective Date: December 5, 2005, superseded by 
Amendment Number 8, Revision 1 on April 25, 2017.
    Amendment Number 8, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 9 Effective Date: April 17, 2007, superseded by 
Amendment Number 9, Revision 1 on April 25, 2017.
    Amendment Number 9, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 10 Effective Date: August 24, 2009, superseded by 
Amendment Number 10, Revision 1 on April 25, 2017.
    Amendment Number 10, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 11 Effective Date: January 7, 2014, superseded by 
Amendment Number 11, Revision 1 on April 25, 2017.
    Amendment Number 11, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 12 Effective Date: Amendment not issued by the 
NRC.
    Amendment Number 13 Effective Date: May 24, 2014, superseded by 
Amendment Number 13, Revision 1 on April 25, 2017.
    Amendment Number 13, Revision 1, Effective Date: April 25, 2017.
    Amendment Number 14 Effective Date: April 25, 2017.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015 (under timely renewal 
pursuant to 10 CFR 72.240(b)).
    Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *

    Dated at Rockville, Maryland, this 19th day of December, 2016.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2016-31990 Filed 1-24-17; 8:45 am]
BILLING CODE 7590-01-P