80 FR 35829 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 1
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 120 (June 23, 2015)
Federal Register Volume 80, Issue 120 (June 23, 2015)
| Page Range | 35829-35833 | |
| FR Document | 2015-15476 |
[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)] [Rules and Regulations] [Pages 35829-35833] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15476] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations [[Page 35829]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2015-0067] RIN 3150-AJ58 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 1 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, Inc. (Holtec), HI-STORM (Holtec International Storage Module) Underground Maximum Capacity (UMAX) Canister Storage System listing within the ``List of approved spent fuel storage casks'' to add Amendment No. 1 to Certificate of Compliance (CoC) No. 1040. Amendment No. 1 provides a seismically enhanced version of the HI-STORM UMAX Canister Storage System, identified as the ``Most Severe Earthquake (MSE)'' version, that could be used in areas with higher seismic demands than those analyzed previously. Amendment No. 1 also includes minor physical design changes to help ensure structural integrity of the amended system. These are the addition of a hold-down system to the closure lid; replacing the fill material in the interstitial spaces between the cavity enclosure containers (CECs) surrounding the casks with 3000 psi concrete; strengthening the multi-purpose canister (MPC) guides; and engineering the guides' nominal gap with the MPC to be tighter than the original HI-STORM UMAX Canister Storage System design. DATES: The direct final rule is effective September 8, 2015, unless significant adverse comments are received by July 23, 2015. If the 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 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 (unless this document describes a different method for submitting comments on a specific subject):Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0067. 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: Solomon Sahle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-3781; email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents: I. Obtaining Information and Submitting Comments. II. Procedural Background. 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-2015-0067 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-2015-0067. 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-2015-0067 in the subject line of your comment submission. [[Page 35830]] 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. Procedural Background This rule is limited to the changes contained in Amendment No. 1 to CoC No. 1040 and does not include other aspects of the HI-STORM UMAX Canister Storage System. The NRC is using the ``direct final rule'' procedure to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. The amendment to the rule will become effective on September 8, 2015. However, if the NRC receives significant adverse comments on this direct final rule by July 23, 2015, 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 Rule section of this issue of the Federal Register. 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 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 Technical Specifications (TSs). For detailed instructions on submitting comments, please see the ADDRESSES section of this document. III. Background Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that ``the Secretary [of the U.S. 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 [U.S. 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 ``[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 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 within 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 6, 2015 (80 FR 12073), as corrected on March 25, 2015 (80 FR 15679), that approved the HI-STORM UMAX Canister Storage System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1040. IV. Discussion of Changes By letter dated July 11, 2014, and as supplemented on October 31, 2014, Holtec submitted an application to the NRC to amend the HI-STORM UMAX Canister Storage System, CoC No. 1040, under subpart K of 10 CFR part 72. Amendment No. 1 to CoC No. 1040 provides a seismically enhanced version of the HI-STORM UMAX Canister Storage System, identified as the ``Most Severe Earthquake (MSE)'' version, that could be used in areas with higher seismic demands than those analyzed previously. Amendment No. 1 also includes minor physical design changes to help ensure structural integrity of the amended system. These are the addition of a hold-down system to the closure lid; replacing the fill material in the interstitial spaces between the CECs surrounding the casks with 3000 psi concrete; strengthening the MPC guides; and engineering the guides' nominal gap with the MPC to be tighter than the original HI-STORM UMAX Canister Storage System design. As documented in the NRC staff's Safety Evaluation Report (SER) (ML15070A149), the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request. This amendment does not reflect a significant change in design or fabrication of the HI-STROM UMAX Canister Storage System cask design previously approved by the NRC (see 80 FR 12073, as corrected 80 FR 15679). Considering the specific design requirements for accident conditions, the NRC staff determined that the design of the cask would continue to prevent loss of confinement, shielding, and criticality control. This direct final rule revises the Holtec HI-STORM UMAX Canister Storage System listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1040. The amendment consists of the changes previously described, as set forth in the revised CoC and TSs. The revised TSs are identified in the SER. The amended Holtec HI-STORM UMAX Canister Storage System, 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 Holtec HI-STORM UMAX Canister Storage Systems that meet the criteria of Amendment No. 1 to CoC No. 1040 under 10 CFR 72.212. [[Page 35831]] 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 amend the Holtec HI-STORM UMAX Canister Storage 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 direct final 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, 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 amend the Holtec HI-STORM UMAX Canister Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 1 to CoC No. 1040. 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 the CoC for the Holtec HI-STORM UMAX Canister Storage 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. 1 to CoC No. 1040 provides a seismically enhanced version of the HI-STORM UMAX Canister Storage System, identified as the ``Most Severe Earthquake (MSE)'' version that could be used in areas with higher seismic demands than those analyzed previously. Amendment No. 1 also includes minor physical design changes to help ensure the structural integrity of the amended system. These are the addition of a hold-down system to the closure lid; replacing the fill material in the interstitial spaces between the CECs surrounding the casks with 3000 psi concrete; strengthening MPC guides; and engineering the guides' nominal gap with the MPC to be tighter than the original HI-STORM UMAX Canister Storage 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 initially analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this amendment 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. Holtec HI-STORM UMAX Canister Storage Systems are 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, 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 accident conditions, the design of the storage system would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts would be insignificant. There are no significant changes to cask design requirements in the proposed CoC amendment. 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.1 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC amendment 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 NRC staff documented its safety findings in the SER for this amendment. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 1 and terminate the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into Holtec HI- STORM UMAX Canister Storage Systems in accordance with the changes described in proposed Amendment No. 1 would have to request an exemption from the requirements of 10 CFR 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. Therefore, the environmental impacts of the alternative to the action would be the same or more than the impacts of the action. E. Alternative Use of Resources Approval of Amendment No.1 to CoC No. 1040 would result in no irreversible commitments of resources. [[Page 35832]] 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: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 1,'' 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 information collection requirements and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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 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 Holtec. 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 March 6, 2015 (80 FR 12073), as corrected on March 25, 2015 (80 FR 15679), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec HI-STORM UMAX Canister Storage System design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On July 11, 2014, and as supplemented on October 31, 2014, Holtec submitted an application to amend the HI-STORM UMAX Canister Storage System as described in Section IV, ``Discussion of Changes,'' of this document. The alternative to this action is to withhold approval of Amendment No.1 and to require any 10 CFR part 72 general licensees seeking to load spent nuclear fuel into the Holtec HI-STORM UMAX Canister Storage System under the changes described in Amendment No. 1 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 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 SER 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. XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule amends CoC No. 1040 for the Holtec HI-STORM UMAX Canister Storage System, as currently listed in 10 CFR 72.214, ``List of approved spent fuel storage casks.'' Amendment No. 1 provides a seismically enhanced version of the HI-STORM UMAX Canister Storage System, identified as the ``Most Severe Earthquake (MSE)'' version that could be used in areas with higher seismic demands than those analyzed previously. It also includes minor physical design changes to help ensure structural integrity of the amended system. Amendment No. 1 of CoC No. 1040 for the Holtec HI-STORM UMAX Canister Storage System was initiated by Holtec and was not submitted in response to new NRC requirements, or an NRC request for amendment. Holtec, as the CoC holder, is not protected by the backfitting provisions under 10 CFR 72.62. In addition, the changes in Amendment No. 1 do not apply to casks which were manufactured to the initial CoC 1040. Amendment No. 1 applies only to new casks fabricated and used under Amendment No. 1. Therefore, these changes do not affect existing users of the Holtec UMAX Canister Storage System. For these reasons, Amendment No. 1 to CoC No. 1040 does not constitute backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, no backfit analysis or additional documentation addressing the issue finality criteria in 10 CFR part 52 has been prepared by the staff. XIII. Congressional Review Act This action is not a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). XIV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ------------------------------------------------------------------------ ADAMS Accession No./ Web link/ Document Federal Register citation ------------------------------------------------------------------------ Proposed CoC No. 1040, Amendment ML15070A151 No. 1. Appendix A of Proposed TSs......... ML15070A153 Appendix B of Proposed TS.......... ML15070A152 [[Page 35833]] Preliminary SER.................... ML15070A149 Request for Amendment Application ML14202A029 dated July 11, 2014. Supplemental Information for ML14308A164 Proposed Action, dated October 31, 2014. ------------------------------------------------------------------------ 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-2015-0067. 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-2015-0067); (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, Manpower training programs, 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 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, 2232, 2233, 2234, 2236, 2237, 2239, 2273, 2282, 2021); Energy Reorganization Act secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 788 (2005). Section 72.44(g) also issued under Nuclear Waste Policy Act secs. 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K also issued under Nuclear Waste Policy Act sec. 218(a) (42 U.S.C. 10198). 0 2. In Sec. 72.214, Certificate of Compliance No. 1040 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1040. Initial Certificate Effective Date: April 6, 2015. Amendment No. 1 Effective Date: September 8, 2015. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International HI-STORM UMAX Canister Storage System. Docket Number: 72-1040. Certificate Expiration Date: April 6, 2035. Model Number: MPC-37, MPC-89. Dated at Rockville, Maryland, this 11th day of June, 2015. For the Nuclear Regulatory Commission. Mark A. Satorius, Executive Director for Operations. [FR Doc. 2015-15476 Filed 6-22-15; 8:45 am] BILLING CODE 7590-01-P
![35829
Rules and Regulations Federal Register
Vol. 80, No. 120
Tuesday, June 23, 2015
This section of the FEDERAL REGISTER DATES: The direct final rule is effective (301) 415–3781; email: Solomon.Sahle@
contains regulatory documents having general September 8, 2015, unless significant nrc.gov.
applicability and legal effect, most of which adverse comments are received by July SUPPLEMENTARY INFORMATION:
are keyed to and codified in the Code of 23, 2015. If the direct final rule is
Federal Regulations, which is published under withdrawn as a result of such Table of Contents:
50 titles pursuant to 44 U.S.C. 1510.
comments, timely notice of the
withdrawal will be published in the I. Obtaining Information and Submitting
The Code of Federal Regulations is sold by Comments.
the Superintendent of Documents. Prices of Federal Register. Comments received II. Procedural Background.
new books are listed in the first FEDERAL after this date will be considered if it is III. Background.
REGISTER issue of each week. practical to do so, but the Commission IV. Discussion of Changes.
is able to ensure consideration only for V. Voluntary Consensus Standards.
comments received on or before this VI. Agreement State Compatibility.
NUCLEAR REGULATORY date. Comments received on this direct VII. Plain Writing.
COMMISSION final rule will also be considered to be VIII. Environmental Assessment and Finding
comments on a companion proposed of No Significant Environmental Impact.
10 CFR Part 72 rule published in the Proposed Rules IX. Paperwork Reduction Act Statement.
X. Regulatory Flexibility Certification.
[NRC–2015–0067] section of this issue of the Federal XI. Regulatory Analysis.
Register. XII. Backfitting and Issue Finality.
RIN 3150–AJ58
ADDRESSES: You may submit comments XIII. Congressional Review Act.
List of Approved Spent Fuel Storage by any of the following methods (unless XIV. Availability of Documents.
Casks: Holtec International HI–STORM this document describes a different I. Obtaining Information and
UMAX Canister Storage System, method for submitting comments on a Submitting Comments
Certificate of Compliance No. 1040, specific subject):
Amendment No. 1 • Federal Rulemaking Web site: Go to A. Obtaining Information
http://www.regulations.gov and search Please refer to Docket ID NRC–2015–
AGENCY: Nuclear Regulatory for Docket ID NRC–2015–0067. Address
Commission. 0067 when contacting the NRC about
questions about NRC dockets to Carol the availability of information for this
ACTION: Direct final rule. Gallagher, telephone: (301) 415–3463; action. You may obtain publicly-
email: Carol.Gallagher@nrc.gov. For available information related to this
SUMMARY: The U.S. Nuclear Regulatory
technical questions, contact the action by any of the following methods:
Commission (NRC) is amending its
individual listed in the FOR FURTHER • Federal Rulemaking Web site: Go to
spent fuel storage regulations by
INFORMATION CONTACT section of this http://www.regulations.gov and search
revising the Holtec International, Inc.
document. for Docket ID NRC–2015–0067.
(Holtec), HI–STORM (Holtec
International Storage Module) • Email comments to: • NRC’s Agencywide Documents
Underground Maximum Capacity Rulemaking.Comments@nrc.gov. If you Access and Management System
(UMAX) Canister Storage System listing do not receive an automatic email reply (ADAMS): You may obtain publicly-
within the ‘‘List of approved spent fuel confirming receipt, then contact us at available documents online in the
storage casks’’ to add Amendment No. 1 (301) 415–1677. ADAMS Public Documents collection at
to Certificate of Compliance (CoC) No. • Fax comments to: Secretary, U.S. http://www.nrc.gov/reading-rm/
1040. Amendment No. 1 provides a Nuclear Regulatory Commission at (301) adams.html. To begin the search, select
seismically enhanced version of the HI– 415–1101. ‘‘ADAMS Public Documents’’ and then
STORM UMAX Canister Storage • Mail comments to: Secretary, U.S. select ‘‘Begin Web-based ADAMS
System, identified as the ‘‘Most Severe Nuclear Regulatory Commission, Search.’’ For problems with ADAMS,
Earthquake (MSE)’’ version, that could Washington, DC 20555–0001, ATTN: please contact the NRC’s Public
be used in areas with higher seismic Rulemakings and Adjudications Staff. Document Room (PDR) reference staff at
demands than those analyzed • Hand deliver comments to: 11555 1–800–397–4209, (301) 415–4737, or by
previously. Amendment No. 1 also Rockville Pike, Rockville, Maryland email to pdr.resource@nrc.gov. For the
includes minor physical design changes 20852, between 7:30 a.m. and 4:15 p.m. convenience of the reader, instructions
to help ensure structural integrity of the (Eastern Time) Federal workdays; about obtaining materials referenced in
amended system. These are the addition telephone: (301) 415–1677. this document are provided in the
of a hold-down system to the closure For additional direction on obtaining ‘‘Availability of Documents’’ section.
lid; replacing the fill material in the information and submitting comments, • NRC’s PDR: You may examine and
interstitial spaces between the cavity see ‘‘Obtaining Information and purchase copies of public documents at
enclosure containers (CECs) Submitting Comments’’ in the the NRC’s PDR, Room O1–F21, One
mstockstill on DSK4VPTVN1PROD with RULES
surrounding the casks with 3000 psi SUPPLEMENTARY INFORMATION section of White Flint North, 11555 Rockville
concrete; strengthening the multi- this document. Pike, Rockville, Maryland 20852.
purpose canister (MPC) guides; and FOR FURTHER INFORMATION CONTACT:
B. Submitting Comments
engineering the guides’ nominal gap Solomon Sahle, Office of Nuclear
with the MPC to be tighter than the Material Safety and Safeguards, U.S. Please include Docket ID NRC–2015–
original HI–STORM UMAX Canister Nuclear Regulatory Commission, 0067 in the subject line of your
Storage System design. Washington, DC 20555–0001, telephone: comment submission.
VerDate Sep<11>2014 16:21 Jun 22, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1](https://thefederalregister.org/doc/80_FR_35949/page/1.svg)
![35830 Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations
The NRC cautions you not to include response to clarify or complete the IV. Discussion of Changes
identifying or contact information that record; or
you do not want to be publicly By letter dated July 11, 2014, and as
(c) The comment raises a relevant supplemented on October 31, 2014,
disclosed in your comment submission. issue that was not previously addressed
The NRC will post all comment Holtec submitted an application to the
or considered by the NRC staff. NRC to amend the HI–STORM UMAX
submissions at http://
www.regulations.gov as well as enter the (2) The comment proposes a change Canister Storage System, CoC No. 1040,
comment submissions into ADAMS. or an addition to the rule, and it is under subpart K of 10 CFR part 72.
The NRC does not routinely edit apparent that the rule would be Amendment No. 1 to CoC No. 1040
comment submissions to remove ineffective or unacceptable without provides a seismically enhanced version
identifying or contact information. incorporation of the change or addition. of the HI–STORM UMAX Canister
If you are requesting or aggregating (3) The comment causes the NRC staff Storage System, identified as the ‘‘Most
comments from other persons for to make a change (other than editorial) Severe Earthquake (MSE)’’ version, that
submission to the NRC, then you should could be used in areas with higher
to the rule, CoC, or Technical
inform those persons not to include seismic demands than those analyzed
Specifications (TSs).
identifying or contact information that previously. Amendment No. 1 also
they do not want to be publicly For detailed instructions on includes minor physical design changes
disclosed in their comment submission. submitting comments, please see the to help ensure structural integrity of the
Your request should state that the NRC ADDRESSES section of this document. amended system. These are the addition
does not routinely edit comment III. Background of a hold-down system to the closure
submissions to remove such information lid; replacing the fill material in the
before making the comment Section 218(a) of the Nuclear Waste interstitial spaces between the CECs
submissions available to the public or Policy Act (NWPA) of 1982, as surrounding the casks with 3000 psi
entering the comment into ADAMS. amended, requires that ‘‘the Secretary concrete; strengthening the MPC guides;
[of the U.S. Department of Energy] shall and engineering the guides’ nominal gap
II. Procedural Background with the MPC to be tighter than the
establish a demonstration program, in
This rule is limited to the changes cooperation with the private sector, for original HI–STORM UMAX Canister
contained in Amendment No. 1 to CoC the dry storage of spent nuclear fuel at Storage System design.
No. 1040 and does not include other civilian nuclear power reactor sites, As documented in the NRC staff’s
aspects of the HI–STORM UMAX with the objective of establishing one or Safety Evaluation Report (SER)
Canister Storage System. The NRC is more technologies that the [U.S. Nuclear (ML15070A149), the NRC staff
using the ‘‘direct final rule’’ procedure Regulatory] Commission may, by rule, performed a detailed safety evaluation
to issue this amendment because it approve for use at the sites of civilian of the proposed CoC amendment
represents a limited and routine change nuclear power reactors without, to the request. This amendment does not
to an existing CoC that is expected to be maximum extent practicable, the need reflect a significant change in design or
noncontroversial. The amendment to for additional site-specific approvals by fabrication of the HI–STROM UMAX
the rule will become effective on the Commission.’’ Section 133 of the Canister Storage System cask design
September 8, 2015. However, if the NRC NWPA states, in part, that ‘‘[t]he previously approved by the NRC (see 80
receives significant adverse comments Commission shall, by rule, establish FR 12073, as corrected 80 FR 15679).
on this direct final rule by July 23, 2015, procedures for the licensing of any Considering the specific design
the NRC will publish a document that technology approved by the requirements for accident conditions,
withdraws this action, and will Commission under Section 219(a) [sic: the NRC staff determined that the design
subsequently address the comments 218(a)] for use at the site of any civilian of the cask would continue to prevent
received in a final rule as a response to nuclear power reactor.’’ loss of confinement, shielding, and
the companion proposed rule published criticality control.
in the Proposed Rule section of this To implement this mandate, the
Commission approved dry storage of This direct final rule revises the
issue of the Federal Register. Absent
spent nuclear fuel in NRC-approved Holtec HI–STORM UMAX Canister
significant modifications to the
casks under a general license by Storage System listing in 10 CFR 72.214
proposed revisions requiring
publishing a final rule which added a by adding Amendment No. 1 to CoC No.
republication, the NRC will not initiate
new subpart K in part 72 of Title 10 of 1040. The amendment consists of the
a second comment period on this action.
A significant adverse comment is a the Code of Federal Regulations (10 changes previously described, as set
comment where the commenter CFR) entitled ‘‘General License for forth in the revised CoC and TSs. The
explains why the rule would be Storage of Spent Fuel at Power Reactor revised TSs are identified in the SER.
inappropriate, including challenges to Sites’’ (55 FR 29181; July 18, 1990). This The amended Holtec HI–STORM
the rule’s underlying premise or rule also established a new subpart L UMAX Canister Storage System, when
approach, or would be ineffective or within 10 CFR part 72 entitled, used under the conditions specified in
unacceptable without a change. A ‘‘Approval of Spent Fuel Storage the CoC, the TSs, and the NRC’s
comment is adverse and significant if: Casks,’’ which contains procedures and regulations, will meet the requirements
(1) The comment opposes the rule and criteria for obtaining NRC approval of of 10 CFR part 72; therefore, adequate
provides a reason sufficient to require a spent fuel storage cask designs. The protection of public health and safety
substantive response in a notice-and- NRC subsequently issued a final rule on will continue to be ensured. When this
mstockstill on DSK4VPTVN1PROD with RULES
comment process. For example, a March 6, 2015 (80 FR 12073), as direct final rule becomes effective,
substantive response is required when: corrected on March 25, 2015 (80 FR persons who hold a general license
(a) The comment causes the NRC staff 15679), that approved the HI–STORM under 10 CFR 72.210 may load spent
to reevaluate (or reconsider) its position UMAX Canister Storage System design nuclear fuel into Holtec HI–STORM
or conduct additional analysis; and added it to the list of NRC-approved UMAX Canister Storage Systems that
(b) The comment raises an issue cask designs in 10 CFR 72.214 as CoC meet the criteria of Amendment No. 1
serious enough to warrant a substantive No. 1040. to CoC No. 1040 under 10 CFR 72.212.
VerDate Sep<11>2014 16:21 Jun 22, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1](https://thefederalregister.org/doc/80_FR_35949/page/2.svg)
![Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations 35833
ADAMS
Accession No./
Document Web link/
Federal Register
citation
Preliminary SER .................................................................................................................................................................... ML15070A149
Request for Amendment Application dated July 11, 2014 ................................................................................................... ML14202A029
Supplemental Information for Proposed Action, dated October 31, 2014 ............................................................................ ML14308A164
The NRC may post materials related Section 72.44(g) also issued under Nuclear SUMMARY: This action establishes Class
to this document, including public Waste Policy Act secs. 142(b) and 148(c), (d) E airspace at Cloverdale Municipal
comments, on the Federal Rulemaking (42 U.S.C. 10162(b), 10168(c), (d)). Airport, Cloverdale CA. to accommodate
Section 72.46 also issued under Atomic
Web site at http://www.regulations.gov Area Navigation (RNAV) Global
Energy Act sec. 189 (42 U.S.C. 2239); Nuclear
under Docket ID NRC–2015–0067. The Waste Policy Act sec. 134 (42 U.S.C. 10154). Positioning System (GPS) standard
Federal Rulemaking Web site allows Section 72.96(d) also issued under Nuclear instrument approach procedures at
you to receive alerts when changes or Waste Policy Act sec. 145(g) (42 U.S.C. Cloverdale Municipal Airport. This
additions occur in a docket folder. To 10165(g)). action enhances the safety and
subscribe: (1) Navigate to the docket Subpart J also issued under Nuclear Waste management of IFR operations at the
folder (NRC–2015–0067); (2) click the Policy Act secs. 117(a), 141(h) (42 U.S.C. airport.
‘‘Sign up for Email Alerts’’ link; and (3) 10137(a), 10161(h)).
Subpart K also issued under Nuclear Waste DATES: Effective 0901 UTC, August 20,
enter your email address and select how 2015. The Director of the Federal
Policy Act sec. 218(a) (42 U.S.C. 10198).
frequently you would like to receive Register approves this incorporation by
emails (daily, weekly, or monthly). ■ 2. In § 72.214, Certificate of reference action under title 1, Code of
Compliance No. 1040 is revised to read Federal Regulations, part 51, subject to
List of Subjects in 10 CFR Part 72
as follows: the annual revision of FAA Order
Administrative practice and 7400.9 and publication of conforming
§ 72.214 List of approved spent fuel
procedure, Criminal penalties, amendments.
storage casks.
Manpower training programs, Nuclear
materials, Occupational safety and * * * * * ADDRESSES: FAA Order 7400.9Y,
health, Penalties, Radiation protection, Certificate Number: 1040. Airspace Designations and Reporting
Initial Certificate Effective Date: April Points, and subsequent amendments can
Reporting and recordkeeping
6, 2015. be viewed on line at http://
requirements, Security measures, Spent
Amendment No. 1 Effective Date: www.faa.gov/airtraffic/publications/.
fuel, Whistleblowing.
September 8, 2015. The Order is also available for
For the reasons set out in the SAR Submitted by: Holtec inspection at the National Archives and
preamble and under the authority of the International, Inc. Records Administration (NARA). For
Atomic Energy Act of 1954, as amended; SAR Title: Final Safety Analysis information on the availability of this
the Energy Reorganization Act of 1974, Report for the Holtec International HI– material at NARA, call 202–741–6030,
as amended; the Nuclear Waste Policy STORM UMAX Canister Storage or go to http://www.archives.gov/
Act of 1982, as amended; and 5 U.S.C. System. federal_register/code_of_federal-
552 and 553; the NRC is adopting the Docket Number: 72–1040.
Certificate Expiration Date: April 6, regulations/ibr_locations.html.
following amendments to 10 CFR part FAA Order 7400.9, Airspace
72. 2035.
Model Number: MPC–37, MPC–89. Designations and Reporting Points, is
PART 72—LICENSING published yearly and effective on
Dated at Rockville, Maryland, this 11th day September 15. For further information,
REQUIREMENTS FOR THE of June, 2015.
INDEPENDENT STORAGE OF SPENT you can contact the Airspace Policy and
For the Nuclear Regulatory Commission. ATC Regulations Group, Federal
NUCLEAR FUEL, HIGH-LEVEL Mark A. Satorius,
RADIOACTIVE WASTE, AND Aviation Administration, 800
Executive Director for Operations. Independence Avenue SW.,
REACTOR-RELATED GREATER THAN
CLASS C WASTE
[FR Doc. 2015–15476 Filed 6–22–15; 8:45 am] Washington, DC 29591; telephone: 202–
BILLING CODE 7590–01–P 267–8783.
■ 1. The authority citation for part 72 FOR FURTHER INFORMATION CONTACT:
continues to read as follows: Richard Roberts, Federal Aviation
DEPARTMENT OF TRANSPORTATION Administration, Operations Support
Authority: Atomic Energy Act secs. 51, 53,
57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, Group, Western Service Center, 1601
Federal Aviation Administration Lind Avenue SW., Renton, WA 98057;
187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073,
2077, 2092, 2093, 2095, 2099, 2111, 2201, telephone (425) 203–4517.
2232, 2233, 2234, 2236, 2237, 2239, 2273, 14 CFR Part 71 SUPPLEMENTARY INFORMATION:
2282, 2021); Energy Reorganization Act secs. [Docket No. FAA–2014–0457; Airspace
201, 202, 206, 211 (42 U.S.C. 5841, 5842, Docket No. 14–AWP–4]
Authority for This Rulemaking
mstockstill on DSK4VPTVN1PROD with RULES
5846, 5851); National Environmental Policy The FAA’s authority to issue rules
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Establishment of Class E Airspace; regarding aviation safety is found in
Policy Act secs. 131, 132, 133, 135, 137, 141, Cloverdale, CA
148 (42 U.S.C. 10151, 10152, 10153, 10155,
Title 49 of the United States Code.
10157, 10161, 10168); Government AGENCY: Federal Aviation Subtitle I, Section 106 describes the
Paperwork Elimination Act sec. 1704 (44 Administration (FAA), DOT. authority of the FAA Administrator.
U.S.C. 3504 note); Energy Policy Act of 2005, Subtitle VII, Aviation Programs,
ACTION: Final rule.
Pub. L. 109–58, 119 Stat. 788 (2005). describes in more detail the scope of the
VerDate Sep<11>2014 16:21 Jun 22, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1](https://thefederalregister.org/doc/80_FR_35949/page/5.svg)
Document Created: 2018-02-22 11:15:09
Document Modified: 2018-02-22 11:15:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | The direct final rule is effective September 8, 2015, unless significant adverse comments are received by July 23, 2015. If the 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 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. | |
| Contact | Solomon Sahle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-3781; email: [email protected] | |
| FR Citation | 80 FR 35829 | |
| RIN Number | 3150-AJ58 | |
| CFR Associated | Administrative Practice and Procedure; Criminal Penalties; Manpower Training Programs; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR