[Federal Register Volume 89, Number 122 (Tuesday, June 25, 2024)]
[Rules and Regulations]
[Pages 52999-53004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13984]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 122 / Tuesday, June 25, 2024 / Rules 
and Regulations  

[[Page 52999]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2024-0041]
RIN 3150-AL08


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed 
Amendment No. 16

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 HI-
STORM 100 Cask System listing within the ``List of approved spent fuel 
storage casks'' to include Renewed Amendment No. 16 to Certificate of 
Compliance No. 1014. Renewed Amendment No. 16 revises the certificate 
of compliance to add a new overpack, include the ability to use 
computational fluid dynamics analysis to evaluate site-specific 
accident scenarios, modify the cask design, modify operational and 
testing requirements, and make changes to the final safety analysis 
report.

DATES: This direct final rule is effective September 9, 2024, unless 
significant adverse comments are received by July 25, 2024. 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direct final rule is withdrawn as a result of such comments, timely 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-2024-0041, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individuals listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions. You can read a plain language description of 
this direct final rule at https://www.regulations.gov/docket/NRC-2024-0041. 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: Alexandra Terres, Office of Nuclear 
Materials Safety and Safeguards, telephone: 301-415-7000, email: 
[email protected] and Yen-Ju Chen, Office of Nuclear Materials 
Safety and Safeguards, telephone: 301-415-1018, 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-2024-0041 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-2024-0041. Address 
questions about NRC dockets to Helen Chang, telephone: 301-415-3228, 
email: [email protected]. For technical questions contact the 
individuals 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: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
Holidays.

B. Submitting Comments

    Please include Docket ID NRC-2024-0041 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 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 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

[[Page 53000]]

before making the comment submissions available to the public or 
entering the comment into ADAMS.

II. Rulemaking Procedure

    This rule is limited to changes contained in Renewed Amendment No. 
16 to Certificate of Compliance No. 1014 and does not include other 
aspects of the HI-STORM 100 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 September 
9, 2024. However, if the NRC receives any significant adverse comment 
on this direct final rule by July 25, 2024, 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, 
requires 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 
May 1, 2000 (65 FR 25241), that approved the HI-STORM 100 Cask System 
design and added it to the list of NRC-approved cask designs in Sec.  
72.214 as Certificate of Compliance No. 1014.

IV. Discussion of Changes

    On March 9, 2021, Holtec International submitted a request to the 
NRC to amend Certificate of Compliance No. 1014 for the HI-STORM 100 
Cask System. Holtec International supplemented its request on the 
following dates: August 11, 2021, August 31, 2022, September 9, 2022, 
October 3, 2022, January 4, 2023, January 5, 2023, January 13, 2023, 
March 17, 2023, and September 20, 2023. On February 17, 2022, Holtec 
International requested to remove the certificate of compliance (CoC) 
reorganization, also known as graded approach, from this amendment.\1\ 
The Renewed Amendment No. 16 revises the certificate of compliance to:
---------------------------------------------------------------------------

    \1\ On May 6, 2021, Holtec submitted a request for Amendment No. 
16 to CoC No. 1014 (Package ML21126A266, incoming letter ML 
21126A267), which included the CoC reorganization, known as graded 
approach. On February 17, 2022, Holtec requested to remove the 
graded approach from Amendment No. 16 (ML22048C221). Therefore, this 
direct final rule, and its companion proposed rule only address 
Amendment No. 16 to CoC No. 1014, as updated.
---------------------------------------------------------------------------

     Add a new unventilated high density (UVH) overpack, HI-
STORM 100 UVH, which includes high density concrete for shielding. The 
UVH is to be used with the MPC-32M and MPC-68M.
     Include the ability to use the computational fluid 
dynamics (CFD) analysis to evaluate site-specific fire accident 
scenario.
     Modify the vent and drain penetrations to include the 
option of a second port cover plate.
     Include the ability to use CFD analysis to evaluate site-
specific burial under debris accident scenario.
     Include the ability to use water without glycol in the HI-
TRAC water jacket during transfer operations below 32 [deg]F based on 
the site-specific MPC total heat loads.
     Change the hydrostatic pressure test of the MPC acceptance 
criteria to be examination for leakage only.
     Remove post hydrostatic test liquid penetrant and magnetic 
particle examination.
     Reduce the minimum cooling time for pressurized water 
reactor fuel from 2 years to 1 year.
    Renewed Amendment No. 16 also revises the final safety analysis 
report (FSAR), appendix 1.D, Specification for Plain Concrete in the 
HI-STORM Family of Overpacks, to enhance certain requirements, to add 
certain revised shielding assumptions following a significant thermal 
event, and to add critical characteristics for concrete employed in the 
HI-STORM 100 UVH System. Renewed Amendment No. 16 replaces the fuel 
qualification tables in the FSAR, chapter 2, and in the CoC, including 
the equation for calculation of the maximum allowable burnup as a 
function of the cooling time and cooling time dependent coefficients, 
with simpler sets of burnup and cooling time limits.
    The changes to the aforementioned documents are identified with 
revisions bars in the margin of each document.
    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

[[Page 53001]]

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 Renewed Amendment No. 16 would remain well 
within the limits specified by 10 CFR part 20, ``Standards for 
Protection Against Radiation.'' Therefore, 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 Holtec International HI-
STORM 100 Cask System cask 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 license under Sec.  
72.210 may, consistent with the license conditions under Sec.  72.212, 
load spent nuclear fuel into HI-STORM 100 casks that meet the criteria 
of Renewed Amendment No. 16 of Certificate of Compliance No. 1014.

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 
Holtec International HI-STORM 100 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 Holtec 
International HI-STORM 100 Cask System listing within the ``List of 
approved spent fuel storage casks'' to include Renewed Amendment No. 16 
to Certificate of Compliance No. 1014.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
Holtec International HI-STORM 100 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, Renewed Amendment 
No. 16 revises the certificate of compliance as follows:
     Add a new UVH overpack, HI-STORM 100 UVH, which includes 
high density concrete for shielding. The UVH is to be used with the 
MPC-32M and MPC-68M.
     Include the ability to use the CFD analysis to evaluate 
site-specific fire accident scenario.
     Modify the vent and drain penetrations to include the 
option of a second port cover plate.
     Include the ability to use CFD analysis to evaluate site-
specific burial under debris accident scenario.
     Include the ability to use water without glycol in the HI-
TRAC water jacket during transfer operations below 32 [deg]F based on 
the site-specific MPC total heat loads.
     Change the hydrostatic pressure test of the MPC acceptance 
criteria to be examination for leakage only. Remove post hydrostatic 
test liquid penetrant and magnetic particle examination.
     Reduce the minimum cooling time for pressurized water 
reactor fuel from 2 years to 1 year.
    Renewed Amendment No. 16 also revises the final safety analysis 
report (FSAR) appendix 1.D, Specification for Plain Concrete in the HI-
STORM Family of Overpacks, to enhance certain requirements, to add 
certain revised shielding assumptions following a significant thermal 
event, and to add critical characteristics for concrete employed in the 
HI-STORM 100 UVH System. Renewed Amendment No. 16 replaces the fuel 
qualification tables in the FSAR, chapter 2, and in the CoC, including 
the equation for calculation of the maximum allowable burnup as a 
function of the cooling time and cooling time dependent coefficients, 
with simpler sets of burnup and cooling time limits.

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 Renewed Amendment No. 16 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.
    Holtec International HI-STORM 100 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

[[Page 53002]]

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 Renewed Amendment No. 16 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 Renewed 
Amendment No. 16 and not issue the direct final rule. Consequently, any 
10 CFR part 72 general licensee that seeks to load spent nuclear fuel 
into Holtec International HI-STORM 100 Cask System in accordance with 
the changes described in proposed Renewed Amendment No. 16 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 Renewed Amendment No. 16 to Certificate of Compliance 
No. 1014 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 NRC concludes that this direct final rule, ``List of 
Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 
Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 
16,'' 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 May 
31, 2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72 
that approved the HI-STORM 100 Cask System by adding it to the list of 
NRC-approved cask designs in Sec.  72.214.
    March 9, 2021, as supplemented on August 11, 2021, August 31, 2022, 
September 9, 2022, October 3, 2022, January 4, 2023, January 5, 2023, 
January 13, 2023, March 17, 2023, and September 20, 2023, Holtec 
International submitted a request to amend the HI-STORM 100 Cask System 
as described in Section IV, ``Discussion of Changes,'' of this 
document.
    The alternative to this action is to withhold approval of Renewed 
Amendment No. 16 and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into Holtec International HI-STORM 
100 Cask System under the changes described in Renewed Amendment No. 16 
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. 
1014 for the Holtec International HI-STORM 100 Cask System, as 
currently listed in Sec.  72.214. The revision consists of the changes 
in Renewed Amendment No. 16 previously

[[Page 53003]]

described, as set forth in the revised certificate of compliance and 
technical specifications.
    Renewed Amendment No. 16 to Certificate of Compliance No. 1014 for 
the Holtec International HI-STORM 100 Cask System was initiated by 
Holtec International and was not submitted in response to new NRC 
requirements, or an NRC request for amendment. Renewed Amendment No. 16 
applies only to new casks fabricated and used under Renewed Amendment 
No. 16. These changes do not affect existing users of the Holtec 
International HI-STORM 100 Cask System, and the current Amendment No. 
15 continues to be effective for existing users. While current users of 
this storage system may comply with the new requirements in Renewed 
Amendment No. 16, this would be a voluntary decision on the part of 
current users.
    For these reasons, Renewed Amendment No. 16 to Certificate of 
Compliance No. 1014 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
----------------------------------------------------------------------------------------------------------------
                                           Amendment Request Documents
----------------------------------------------------------------------------------------------------------------
Holtec International, Submittal of HI-STORM 100              ML21068A360 (package).
 Multipurpose Canister Storage System Amendment 16 Request,
 dated March 9, 2021.
HI-STORM 100 Amendment 16 Responses to Requests for          ML21223A045 (package).
 Supplemental Information, dated August 11, 2021.
HI-STORM 100 Amendment 16 Responses to Requests for          ML22243A269 (package).
 Additional Information (Batches 1 and 2), dated August 31,
 2022.
Holtec International, HI-STORM 100 Amendment 16 Responses    ML22249A347 (package).
 to Requests for Additional Information (Batch 2), dated
 September 9, 2022.
HI-STORM 100 Amendment 16 Responses to Requests for          ML22276A286 (package).
 Additional Information (Batch 3), dated October 3, 2022.
Holtec International, HI-STORM 100 Amendment 16 Responses    ML23005A000 (package).
 to Requests for Additional Information (Batch 4), dated
 January 4, 2023.
Holtec International, HI-STORM 100 Amendment 16 Responses    ML23005A273 (package).
 to Requests for Additional Information (Batch 4)--
 Additional Supporting Document, dated January 5, 2023.
Holtec International, HI-STORM 100 Amendment 16 Responses    ML23013A337 (package).
 to Requests for Additional Information (Batch 5), dated
 January 13, 2023.
HI-STORM 100 Amendment 16 RAI 3-3 Clarification, dated       ML23076A271 (package).
 March 17, 2023.
HI-STORM 100 Amendment 16 Responses to Second Round          ML23263B122 (package).
 Requests for Additional Information, dated September 20,
 2023.
Holtec International--HI-STORM 100 Multipurpose Canister     ML22048C222.
 Storage System Amendment 19, dated February 17, 2022.
----------------------------------------------------------------------------------------------------------------
                                            Technical Specifications
----------------------------------------------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1014, Amendment 16..  ML23123A104.
Proposed Technical Specifications, Appendix A, Certificate   ML23123A105.
 of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix B, Certificate   ML23123A106.
 of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix C, Certificate   ML23123A107.
 of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix D, Certificate   ML23123A108.
 of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix A-100U,          ML23123A109.
 Certificate of Compliance No. 1014, Amendment 16.
Proposed Technical Specifications, Appendix B-100U,          ML23123A110.
 Certificate of Compliance No. 1014, Amendment 16.
----------------------------------------------------------------------------------------------------------------
                                      Preliminary Safety Evaluation Report
----------------------------------------------------------------------------------------------------------------
Preliminary Certificate of Compliance 1014 Amendment 16      ML23123A112.
 Safety Evaluation Report.
----------------------------------------------------------------------------------------------------------------
                                              Additional Documents
----------------------------------------------------------------------------------------------------------------
Final Rule, ``Storage of Spent Fuel in NRC-Approved Storage  55 FR 29181.
 Casks at Power Reactor Sites,'' published July 18, 1990.
Final Rule, ``List of Approved Spent Fuel Storage Casks:     65 FR 25241.
 Holtec HI-STORM 100 Addition,'' published May 1, 2000.
Revision to Policy Statement, ``Agreement State Program      82 FR 48535.
 Policy Statement; Correction,'' published October 18, 2017.
Presidential Memorandum, ``Plain Language in Government      63 FR 31885.
 Writing,'' published June 10, 1998.
----------------------------------------------------------------------------------------------------------------

    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-2024-0041. 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-2024-0041); (2) click 
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``Subscribe'' link.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Indians,

[[Page 53004]]

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, Certificate of Compliance No. 1014 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    Initial Certificate Effective Date: May 31, 2000, superseded by 
Renewed Initial Certificate Effective Date: August 2, 2023.
    Amendment Number 1 Effective Date: July 15, 2002, superseded by 
Renewed Amendment Number 1 Effective Date: August 2, 2023.
    Amendment Number 2 Effective Date: June 7, 2005, superseded by 
Renewed Amendment Number 2 Effective Date: August 2, 2023.
    Amendment Number 3 Effective Date: May 29, 2007, superseded by 
Renewed Amendment Number 3 Effective Date: August 2, 2023.
    Amendment Number 4 Effective Date: January 8, 2008, superseded by 
Renewed Amendment Number 4 Effective Date: August 2, 2023.
    Amendment Number 5 Effective Date: July 14, 2008, superseded by 
Renewed Amendment Number 5 Effective Date: August 2, 2023.
    Amendment Number 6 Effective Date: August 17, 2009, superseded by 
Renewed Amendment Number 6 Effective Date: August 2, 2023.
    Amendment Number 7 Effective Date: December 28, 2009, superseded by 
Renewed Amendment Number 7 Effective Date: August 2, 2023.
    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; 
superseded by Renewed Amendment Number 8, Revision 1 Effective Date: 
August 2, 2023.
    Amendment Number 9 Effective Date: March 11, 2014, superseded by 
Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as 
corrected on August 25, 2017 (ADAMS Accession No. ML17236A451); 
superseded by Renewed Amendment Number 9, Revision 1 Effective Date: 
August 2, 2023.
    Amendment Number 10 Effective Date: May 31, 2016, as corrected on 
August 25, 2017 (ADAMS Accession No. ML17236A452); superseded by 
Renewed Amendment Number 10 Effective Date: August 2, 2023.
    Amendment Number 11 Effective Date: February 25, 2019, as corrected 
(ADAMS Accession No. ML19343B024); superseded by Renewed Amendment 
Number 11 Effective Date: August 2, 2023.
    Amendment Number 12 Effective Date: February 25, 2019, as corrected 
on May 30, 2019 (ADAMS Accession No. ML19109A111); further corrected 
December 23, 2019 (ADAMS Accession No. ML19343A908); superseded by 
Renewed Amendment Number 12 Effective Date: August 2, 2023.
    Amendment Number 13 Effective Date: May 13, 2019, as corrected on 
May 30, 2019 (ADAMS Accession No. ML19109A122); further corrected 
December 23, 2019 (ADAMS Accession No. ML19343B156); superseded by 
Renewed Amendment Number 13 Effective Date: August 2, 2023.
    Amendment Number 14 Effective Date: December 17, 2019, as corrected 
(ADAMS Accession No. ML19343B287); superseded by Renewed Amendment 
Number 14 Effective Date: August 2, 2023.
    Amendment Number 15 Effective Date: June 14, 2021, superseded by 
Renewed Amendment Number 15 Effective Date: August 2, 2023.
    Renewed Amendment Number 16 Effective Date: September 9, 2024.
    Renewed Amendment Number 17 Effective Date: January 16, 2024.
    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.
    Renewed Certificate Expiration Date: May 31, 2060.
    Model Number: HI-STORM 100.
* * * * *

    Dated: June 7, 2024.

    For the Nuclear Regulatory Commission.
Raymond Furstenau,
Acting Executive Director for Operations.
[FR Doc. 2024-13984 Filed 6-24-24; 8:45 am]
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