[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41321-41323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18456]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0156; NRC-2015-0270]
RIN 3150-AJ63; 3150-AJ71


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment 
No. 9, Revision 1, and Amendment No. 10; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendments.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a 
direct final rule on January 6, 2016, amending its spent fuel storage 
regulations by revising the Holtec International, Inc. (Holtec) HI-
STORM 100 Cask System listing within the ``List of approved spent fuel 
storage casks'' to include Amendment No. 9, Revision 1, to Certificate 
of Compliance (CoC) No. 1014. The direct final rule was effective on 
March 21, 2016. On March 14, 2016, the NRC published a direct final 
rule again amending 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 include Amendment No. 10 to CoC No. 
1014. That direct final rule was effective on May 31, 2016. The 
technical specifications (TS) for both the Holtec HI-STORM 100 Cask 
System, Amendments No. 9, Revision 1, and No. 10 included minor 
editorial and non-substantive errors. The purpose of this action is 
correct these errors.

DATES: The correction is effective August 31, 2017.

ADDRESSES: Please refer to Docket IDs NRC-2015-0156 and 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 using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket IDs NRC-2015-0156 and 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

[[Page 41322]]

in the FOR FURTHER INFORMATION CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access 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.

FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0262; email: [email protected].

SUPPLEMENTARY INFORMATION: On June 23, 2017, the NRC received a request 
from Holtec to correct minor editorial and non-substantive errors in 
Appendix A, ``Technical Specifications for the HI-STORM 100 Cask 
System,'' of CoC No. 1014. In its letter, Holtec stated that it 
identified a typographical error that should be corrected. 
Specifically, Table 3-2 refers to Tables 3-3 and 3-4 for per cell decay 
heat load limits for the ``MPC-68/68F/68FF/68M'', but Tables 3-3 and 3-
4 omitted the MPC-68M.
    The NRC previously reviewed and approved the use of model MPC-68M 
in Amendment No. 8 to CoC No. 1014 (which was superseded by Amendment 
No. 8 Revision 1). In Amendment No. 9, the NRC added Tables 3-3 and 3-4 
and, in Table 3-2, added a reference to decay heat loads in Tables 3-3 
and 3-4. The technical specifications for Amendment No, 9, Revision 1 
(which superseded Amendment No. 9), and Amendment No. 10 include the 
same Tables 3-2, 3-3 and 3-4 as were in Amendment No. 9.
    The reference in Appendix A, Table 3-2, refers to Table 3-3 and 3-4 
for the per cell heat load limits for the `MPC-68/68F/68FF/68M.' 
However, Tables 3-3 and 3-4 only have rows for `MPC-68/68F/68FF,' and 
do not specifically include the MPC-68M. Since the decay heat load, 
whether uniform or regionalized, for all 68 cell Multi-purpose 
Canisters (MPCs) are identical, and the NRC previously reviewed and 
approved this heat load, it is evident that the omission of 68M in 
Tables 3-3 and 3-4 was an editorial error. Although this error is 
editorial, and has no impact on the loading of MPCs, it is still 
appropriate to correct the error in Amendment No. 9, Revision 1, and 
Amendment No. 10. Correcting this error would not change the 
substantive responsibilities of any person or entity regulated by the 
NRC. This document corrects these errors.

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)(3)(B), the NRC 
finds good cause to waive notice and opportunity for comment on this 
correction because it will have no substantive impact and is of a minor 
and administrative nature dealing with a correction to a CFR section 
related only to management, organization, procedure, and practice. 
Specifically, this amendment is to correct minor editorial errors. This 
correction does not require action by any person or entity regulated by 
the NRC. Also, the substantive responsibilities of any person or entity 
regulated by the NRC are not changed. Accordingly, for the reasons 
stated, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good cause 
exists to make this correction effective upon publication.

Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

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                  Document                       Adams accession No.
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Holtec's June 23, 2017, request for          ML17178A376
 correction to CoC No. 1014.
CoC No. 1014, Amendment No. 8..............  ML12213A170
CoC No. 1014, Amendment No. 8, Rev. 1......  ML16041A233
CoC No. 1014, Amendment No. 9..............  ML14071A188
CoC No. 1014, Amendment No. 9, Rev. 1......  ML16056A529
CoC No.-1014, Amendment No. 10.............  ML16144A127
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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 1014 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate No.: 1014.

[[Page 41323]]

    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, as 
corrected (ADAMS Accession No. ML17236A451).
    Amendment Number 10 Effective Date: May 31, 2016, as corrected 
(ADAMS Accession No. ML17236A452).
    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 August 2017.

    For the Nuclear Regulatory Commission.

Pamela J. Shepherd-Vladimir,
Acting Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2017-18456 Filed 8-30-17; 8:45 am]
 BILLING CODE 7590-01-P