[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Rules and Regulations]
[Pages 949-953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28633]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules 
and Regulations  

[[Page 949]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2022-0181]
RIN 3150-AK88


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate 
of Compliance No. 1032, Amendment No. 6

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International 
Storage Module Flood/Wind (HI-STORM FW) Multipurpose Canister Storage 
System listing within the ``List of approved spent fuel storage casks'' 
to include Amendment No. 6 to Certificate of Compliance No. 1032. 
Amendment No. 6 revises and clarifies design and operational 
requirements in the certificate of compliance for the HI-STORM FW 
overpack. This amendment also incorporates additional clarifications as 
well as editorial changes that do not change the substantive technical 
information of the certificate of compliance.

DATES: This direct final rule is effective March 22, 2023 unless 
significant adverse comments are received by February 6, 2023. If this 
direct final rule is withdrawn as a result of such comments, timely 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 NRC 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: Submit your comments, identified by Docket ID NRC-2022-0181, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individual listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    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: Norma Garcia Santos, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-6999, email: 
[email protected] and Gregory Trussell, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-6244, email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

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 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-2022-0181 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0181. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. eastern time, Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2022-0181 in your comment submission. 
The NRC requests that you submit comments through the Federal 
rulemaking website at https://www.regulations.gov. If your material 
cannot be submitted using https://www.regulations.gov, call or email 
the individual or individuals listed in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    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 
https://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

[[Page 950]]

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. 6 to 
Certificate of Compliance No. 1032 and does not include other aspects 
of the Holtec International Storage Multipurpose Flood/Wind (HI-STORM 
FW or Holtec International HI-STORM FW) Cask 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 
certificate of compliance that is expected to be non-controversial. 
Adequate protection of public health and safety continues to be 
reasonably assured. The amendment to the rule will become effective on 
March 22, 2023. However, if the NRC receives any significant adverse 
comment on this direct final rule by February 6, 2023, 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 or as otherwise 
appropriate. In general, 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 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.
    (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 to make a change (other than 
editorial) to the rule, certificate of compliance, or technical 
specifications.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
states that ``[t]he 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 Nuclear 
Waste Policy Act states, in part, that ``[t]he 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 that 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 on 
March 28, 2011 (76 FR 17019), that approved the Holtec International 
HI-STORM FW System design and added it to the list of NRC approved cask 
designs in Sec.  72.214, ``List of approved spent fuel storage casks,'' 
as Certificate of Compliance No. 1032.

IV. Discussion of Changes

    By letter dated October 2, 2019, and supplemented on June 30, 2020, 
December 21, 2020, August 2, 2021, and November 29, 2021, Holtec 
International submitted a request to amend Certificate of Compliance 
No. 1032 for the HI-STORM Flood/Wind Multipurpose Canister Storage 
System. Amendment No. 6 revises the certificate and technical 
specifications as follows:
     add anchored configuration for the HI-STORM FW overpack;
     allow use of non-single failure proof lifting equipment 
during handling of heavy loads within the 10 CFR part 72 jurisdictional 
boundary;
     revise LCO 3.1.2, ``SFSC Heat Removal System 
Operability,'' to allow an engineering evaluation to be performed in 
lieu of transferring the multipurpose canister (MPC) into a transfer 
cask;
     revise the Radioactive Effluent Control Program to no 
longer require annual submittal of a separate radioactive effluent 
report [10 CFR 72.44(d)(3)] for the HI-STORM FW system;
     revise the allowable contents for the MPC-37, -89, and -
32ML to clarify fuel debris requirements permitted for storage;
     revise the MPC-37, -89, and -32ML basket design features 
to clarify that the minimum cell ID and minimum cell wall thickness are 
nominal dimensions; and
     incorporate additional clarifications and editorial 
changes that do not substantively change the technical information of 
the certificate of compliance.
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety evaluation of the proposed certificate of compliance 
amendment request. The NRC determined that this amendment does not 
reflect a significant change in design or fabrication of the cask. 
Specifically, the NRC determined that the design of the cask would 
continue to maintain confinement, shielding, and criticality control in 
the event of each evaluated accident condition. In addition, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 6 would remain well within the limits 
specified by 10 CFR part 20, ``Standards for Protection Against 
Radiation.'' Thus, the NRC found there will be no significant change in 
the types or 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 NRC staff determined that the amended HI-STORM FW Cask System 
design, when used under the conditions specified in the certificate of 
compliance, the technical specifications, 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 reasonably 
assured. When this direct final rule becomes effective, persons who 
hold a general

[[Page 951]]

license under Sec.  72.210 may, consistent with the license conditions 
under Sec.  72.212, load spent nuclear fuel into HI-STORM FW Cask 
Systems that meet the criteria of Amendment No. 6 to Certificate of 
Compliance No. 1032.

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 revises the 
HI-STORM FW Cask System design listed in Sec.  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 ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017 (82 FR 48535), this rule is classified as 
Compatibility Category NRC--Areas of Exclusive NRC Regulatory 
Authority. 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 
chapter I. Therefore, compatibility is not required for program 
elements in this category.

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 
31885).

VIII. Environmental Assessment and Finding of No Significant Impact

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
the NRC has determined that this direct final 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.

A. The Action

    The action is to amend Sec.  72.214 to revise the HI-STORM FW Cask 
System design listing within the ``List of approved spent fuel storage 
casks'' to include Amendment No. 6 to Certificate of Compliance No. 
1032.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
HI-STORM FW Cask System design within the list of approved spent fuel 
storage casks to allow power reactor licensees to store spent fuel at 
reactor sites in casks with the approved modifications under a general 
license. Specifically, Amendment No. 6 revises the certificate of 
compliance as described in Section IV, ``Discussion of Changes,'' of 
this document, for the use of the HI-STORM FW Cask System.

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 analyzed 
in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 6 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 of 1969, as amended.
    The HI-STORM FW 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, 
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, can 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.
    This amendment does not reflect a significant change in design or 
fabrication of the cask. Because there are no significant design or 
process changes, any resulting occupational exposure or offsite dose 
rates from the implementation of Amendment No. 6 would remain well 
within the 10 CFR part 20 limits. The NRC has also determined that the 
design of the cask as modified by this rule would maintain confinement, 
shielding, and criticality control in the event of an accident. 
Therefore, the proposed 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 exposures, and no significant increase in the 
potential for, or consequences from, radiological accidents. The NRC 
documented its safety findings in the preliminary safety evaluation 
report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
6 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the HI-
STORM FW Cask System in accordance with the changes described in 
proposed Amendment No. 6 would have to request an exemption from the 
requirements of Sec. Sec.  72.212 and 72.214. Under this alternative, 
interested licensees 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. The 
environmental impacts would be the same as the proposed action.

E. Alternative Use of Resources

    Approval of Amendment No. 6 to Certificate of Compliance No. 1032 
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 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.'' Based on the foregoing environmental 
assessment, the

[[Page 952]]

NRC concludes that this direct final rule, ``List of Approved Spent 
Fuel Storage Casks: Holtec International HI-STORM Flood/Wind 
Multipurpose Canister Storage System, Certificate of Compliance No. 
1032, Amendment No. 6,'' 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 direct 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, approval number 3150-
0132.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
Office of Management and Budget control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final 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 (Sec.  
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 (1) it notifies the NRC in advance; (2) the spent fuel 
is stored under the conditions specified in the cask's certificate of 
compliance; and (3) the conditions of the general license are met. A 
list of NRC-approved cask designs is contained in Sec.  72.214. On 
March 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR 
part 72 that approved the HI-STORM FW Cask System design by adding it 
to the list of NRC-approved cask designs in Sec.  72.214.
    By letter dated October 2, 2019, and supplemented on June 30, 2020, 
December 21, 2020, August 2, 2021, and November 29, 2021, Holtec 
International submitted a request to amend Certificate of Compliance 
No. 1032 for the HI-STORM FW Cask System as described in Section IV, 
``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 6 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the HI-STORM FW Cask System under the 
changes described in Amendment No. 6 to request an exemption from the 
requirements of Sec. Sec.  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 this direct final rule is consistent with previous NRC 
actions. Further, as documented in the preliminary safety evaluation 
report and environmental assessment, this 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 this 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; therefore, this action 
is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (Sec.  72.62) does not 
apply to this direct final rule. Therefore, a backfit analysis is not 
required. This direct final rule revises Certificate of Compliance No. 
1032 for the HI-STORM FW Cask System, as currently listed in Sec.  
72.214. The revision consists of the changes in Amendment No. 6 
previously described, as set forth in the revised certificate of 
compliance and technical specifications.
    Amendment No. 6 to Certificate of Compliance No. 1032 for the HI-
STORM FW Cask System was initiated by Holtec International and was not 
submitted in response to new NRC requirements, or an NRC request for 
amendment. Amendment No. 6 applies only to new casks fabricated and 
used under Amendment No. 6. These changes do not affect existing users 
of the HI-STORM FW Cask System, and the current Amendments Nos. 0 to 5 
and 8 continue to be effective for existing users. While current users 
of this storage system may comply with the new requirements in 
Amendment No. 6, this would be a voluntary decision on the part of 
current users.
    For these reasons, Amendment No. 6 to Certificate of Compliance No. 
1032 does not constitute backfitting under Sec.  72.62 or Sec.  
50.109(a)(1), or otherwise represent an inconsistency with the issue 
finality provisions applicable to combined licenses in 10 CFR part 52. 
Accordingly, the NRC has not prepared a backfit analysis for this 
rulemaking.

XIII. Congressional Review Act

    This direct final rule is not 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.

----------------------------------------------------------------------------------------------------------------
                                                               ADAMS accession No./  web link/Federal  Register
                          Document                                                 citation
----------------------------------------------------------------------------------------------------------------
Submission of a Request to Amend the U.S. Nuclear            ML19282C357 (package).
 Regulatory Commission Certificate of Compliance No. 1032,
 October 2, 2019.
Holtec Responses to HI-STORM FW Amd. 6 Requests for          ML20182A860 (package).
 Supplemental Information, June 30, 2020.
Holtec Responses to HI-STORM FW Amd. 6 Requests for          ML20356A328.
 Additional Information, December 21, 2020.
Supplemental Responses to HI-STORM FW Amd. 6 Requests for    ML21214A130 (package).
 Additional Information, August 2, 2021.
Holtec International Revised Supplemental Responses for HI-  ML21333A137 (package).
 STORM FW Amd. 6 Requests for Additional Information,
 November 29, 2021.
Certificate of Compliance No. 1032 Amendment No. 6           ML22145A411.
 Preliminary Safety Evaluation Report.
Draft Certificate of Compliance No. 1032 Amendment No. 6...  ML22145A408.
Proposed Certificate of Compliance No. 1032 Amendment No. 6  ML22145A409.
 Technical Specifications, Appendix A.

[[Page 953]]

 
Proposed Certificate of Compliance No. 1032 Amendment No. 6  ML22145A410.
 Approved Contents and Design Features, Appendix B.
User Need Memorandum for Rulemaking for the HI-STORM Flood/  ML22145A407.
 Wind Multipurpose Canister Storage System, Amendment No. 6.
----------------------------------------------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2022-0181. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2022-0181), (2) click 
the ``Subscribe'' link, and (3) enter an email address and click on the 
``Subscribe'' link.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, 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, revise Certificate of Compliance No. 1032 to read 
as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1032.
    Initial Certificate Effective Date: June 13, 2011, superseded by 
Amendment Number 0, Revision 1, on April 25, 2016.
    Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
    Amendment Number 1 Effective Date: December 17, 2014, superseded by 
Amendment Number 1, Revision 1, on June 2, 2015.
    Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
    Amendment Number 2 Effective Date: November 7, 2016.
    Amendment Number 3 Effective Date: September 11, 2017.
    Amendment Number 4 Effective Date: July 14, 2020.
    Amendment Number 5 Effective Date: July 27, 2020.
    Amendment Number 6 Effective Date: March 22, 2023.
    Amendment Number 7 [Reserved]
    Amendment Number 8 Effective Date: October 11, 2022.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM FW System.
    Docket Number: 72-1032.
    Certificate Expiration Date: June 12, 2031.
    Model Number: HI-STORM FW MPC-37, MPC-89.
* * * * *

    Dated: December 21, 2022.

    For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2022-28633 Filed 1-5-23; 8:45 am]
BILLING CODE 7590-01-P