80 FR 58195 - List of Approved Spent Fuel Storage Casks: Holtec International, HI-STORM Flood/Wind Multipurpose Storage System, Certificate of Compliance No. 1032, Amendment No. 0, Revision 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 187 (September 28, 2015)

Page Range58195-58199
FR Document2015-24615

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International (Holtec), HI-STORM (Holtec International Storage Module) Flood/Wind (FW) Multipurpose Canister Storage (MPC) System listing within the ``List of approved spent fuel storage casks'' to add Amendment No. 0, Revision 1, to Certificate of Compliance (CoC) No. 1032. This revision corrects the CoC's expiration date (editorial change), clarifies heat load limits for helium backfill ranges, clarifies the wording for the Limiting Condition for Operation (LCO) on vent blockage, and revises the vacuum drying system heat load.

Federal Register, Volume 80 Issue 187 (Monday, September 28, 2015)
[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Rules and Regulations]
[Pages 58195-58199]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24615]



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Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / 
Rules and Regulations

[[Page 58195]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0134]
RIN 3150-AJ62


List of Approved Spent Fuel Storage Casks: Holtec International, 
HI-STORM Flood/Wind Multipurpose Storage System, Certificate of 
Compliance No. 1032, Amendment No. 0, Revision 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 
(Holtec), HI-STORM (Holtec International Storage Module) Flood/Wind 
(FW) Multipurpose Canister Storage (MPC) System listing within the 
``List of approved spent fuel storage casks'' to add Amendment No. 0, 
Revision 1, to Certificate of Compliance (CoC) No. 1032. This revision 
corrects the CoC's expiration date (editorial change), clarifies heat 
load limits for helium backfill ranges, clarifies the wording for the 
Limiting Condition for Operation (LCO) on vent blockage, and revises 
the vacuum drying system heat load.

DATES: The direct final rule is effective April 25, 2016, unless 
significant adverse comments are received by October 28, 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-2015-0134. 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-2015-0134 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-2015-0134.
     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-2015-0134 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly

[[Page 58196]]

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. 0, 
Revision 1, to CoC No. 1032 and does not include other aspects of the 
HI-STORM FW MPC Storage System. The NRC is using the ``direct final 
rule'' procedure to issue this revision because it represents a limited 
and routine change to an existing CoC that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The revision to the rule will become effective 
on April 25, 2016. However, if the NRC receives significant adverse 
comments on this direct final rule by April 25, 2016, 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 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; The comment raises an 
issue serious enough to warrant a substantive response to clarify or 
complete the record; or
    (b) 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 Department of Energy] 
shall establish a demonstration program, in cooperation with the 
private sector, for the dry storage of spent nuclear fuel at civilian 
nuclear power reactor sites, with the objective of establishing one or 
more technologies that the [Nuclear Regulatory] Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the NWPA 
states, in part, that ``[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 direct final rule on March 28, 2011 (76 FR 
17019), that approved the Holtec HI-STORM FW MPC Storage System and 
added it to the list of NRC-approved cask designs in 10 CFR 72.214 as 
CoC No. 1032.

IV. Discussion of Changes

    By letter dated September 16, 2014, and as supplemented on March 
12, 2015, Holtec submitted a request to the NRC to revise the initial 
certificate issued as CoC No. 1032. Because this is a request to revise 
the initial certificate, the revision is being referred to as 
``Amendment No. 0, Revision 1.'' Amendment No. 0, Revision 1, will 
supersede the initial version of the CoC and TSs that were effective on 
June 13, 2011, in their entirety. The HI-STORM FW MPC Storage System is 
a spent nuclear fuel storage system designed to be in full compliance 
with the requirements of 10 CFR part 72. Amendment No. 0, Revision 1, 
makes the following changes:
     Corrects the expiration date to June 12, 2031.
     Modifies Appendix A, Table 3-2, to show that the narrower 
helium backfill range can be used for all canisters instead of only 
those above a certain limit. Additionally, the footnotes on this table 
are revised.
     Revises the note in Appendix A, LCO 3.1.2, to clarify that 
each of the inlet and outlet vents should be 50 percent unblocked.
     Revises Appendix A, Table 3-1, to limit the MPC heat load 
limit for using the vacuum drying system to a lower value, and revises 
the table notes accordingly.
     Revises Appendix B, Tables 2.3-3 and 2.3-4, to indicate 
that the per cell heat load limits correspond to the lower MPC heat 
load limit.
    As documented in the safety evaluation report (SER), the NRC staff 
performed a detailed safety evaluation of the proposed CoC revision 
request. Correcting the CoC expiration date to reflect a 20-year versus 
a 40-year certification is an editorial change that is consistent with 
the original HI-STORM FW MPC Storage System application and SER. The 
NRC staff also finds that CoC No. 1032, as revised, identifies the 
necessary TSs to satisfy 10 CFR part 72 and that the applicable 
criteria of 10 CFR 72.236 have been satisfied. The NRC staff concludes 
that the proposed TS changes provide reasonable assurance that the HI-
STORM FW MPC Storage System will allow safe storage of spent nuclear 
fuel.
    This direct final rule revises the Holtec HI-STORM FW MPC Storage 
System listing in 10 CFR 72.214 by adding Amendment No. 0, Revision 1, 
to CoC No. 1032. The revision consists of the changes previously 
described, as set forth in the revised CoC and TSs. The revised TSs are 
identified in the SER.
    The revised Holtec HI-STORM FW MPC 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. The NRC staff further determined that the issuance of the 
revision will not be inimical to the common defense and security. When 
this direct final rule becomes effective, persons who hold a general 
license under 10 CFR 72.210 may load spent nuclear fuel into the HI-
STORM FW MPC Storage System that meets the criteria of Amendment No. 0, 
Revision

[[Page 58197]]

1, to CoC No. 1032 under 10 CFR 72.212.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the Holtec HI-STORM FW MPC Storage System design listing 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 revise the Holtec HI-STORM 
FW MPC Storage System listing within the ``List of approved spent fuel 
storage casks'' to include Amendment No. 0, Revision 1, to CoC No. 
1032. 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 revises the CoC for the Holtec HI-STORM FW 
MPC 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. 
0, Revision 1, corrects the CoC expiration date, clarifies heat load 
limits for helium backfill ranges, clarifies the wording for the LCO on 
vent blockage, and revises the vacuum drying system heat load.

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 No. 0, Revision 1, 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 FW MPC 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 each accident 
condition, 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 not be significant. There are no significant changes to 
cask design requirements in the proposed CoC revision. 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. 0, Revision 1, would remain well within 
the 10 CFR part 20 limits. Therefore, the proposed CoC revision will 
not result in any radiological or non-radiological environmental 
impacts that differ significantly 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. 
0, Revision 1, and end the direct final rule. Consequently, any 10 CFR 
part 72 general licensee that seeks to load spent nuclear fuel into 
Holtec HI-STORM FW MPC Storage Systems in accordance with the changes 
described in proposed Amendment No. 0, Revision 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. 0, Revision 1, to CoC No. 1032 would 
result in no irreversible commitments of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51. Based

[[Page 58198]]

on the foregoing environmental assessment, the NRC concludes that this 
direct final rule entitled, ``List of Approved Spent Fuel Storage 
Casks: Holtec International, Inc., HI-STORM Flood/Wind Multipurpose 
Storage System, Certificate of Compliance No. 1032, Amendment No. 0, 
Revision 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 
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 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 September 16, 2014, and as supplemented on March 12, 2015, 
Holtec submitted an application to revise the HI-STORM FW MPC Storage 
System, CoC No. 1032, as described in Section IV, ``Discussion of 
Changes,'' of this document. The alternative to this action is to 
withhold approval of Amendment No. 0, Revision 1, and to require any 10 
CFR part 72 general licensee seeking to load spent nuclear fuel into 
the Holtec HI-STORM FW MPC Storage System under the changes described 
in Amendment No. 0, Revision 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 revises CoC No. 1032 for the 
Holtec HI-STORM FW MPC Storage System, as currently listed in 10 CFR 
72.214, ``List of approved spent fuel storage casks.'' Amendment No. 0, 
Revision 1, corrects the CoC expiration date, clarifies heat load 
limits for helium backfill ranges, clarifies the wording for the LCO on 
vent blockage, and revises the vacuum drying system heat loads.
    Although Holtec has manufactured some casks under the existing CoC 
No. 1032, Amendment No. 0, that is being revised by this direct final 
rule, Holtec, as the vendor, is not subject to backfitting protection 
under 10 CFR 72.62. Moreover, Holtec requested the change and has 
requested to apply it to the existing casks manufactured under 
Amendment No. 0. Therefore, even if the vendor were deemed to be an 
entity protected from backfitting, this request represents a voluntary 
change and is not backfitting for Holtec.
    Under 10 CFR 72.62, general licensees are entities that are 
protected from backfitting, and in this instance, Holtec, has provided 
systems under CoC No.1032, Amendment No. 0, to a general licensee. 
General licensees are required, pursuant to 10 CFR 72.212, to ensure 
that each cask conforms to the terms, conditions, and specifications of 
a CoC, and that each cask can be safely used at the specific site in 
question. Because the casks delivered under CoC No. 1032, Amendment No. 
0, now must be evaluated under 10 CFR 72.212 consistent with the 
revisions in CoC No. 1032, Amendment No. 0, Revision 1, this change in 
the evaluation method and criteria constitutes a change in a procedure 
required to operate an independent spent fuel storage installation 
(ISFSI) and, therefore, would constitute backfitting under 10 CFR 
72.62(a)(2). However, in this instance, the general licensee 
voluntarily indicated their willingness to comply with the revised CoC, 
as long as the general licensee is provided adequate time to implement 
the revised CoC (ADAMS Accession No. ML15222A173). This direct final 
rule accommodates that request by providing an effective date for the 
final rule to April 25, 2016. Therefore, although the general licensee 
is an entity protected from backfitting, this request represents a 
voluntary change and is not backfitting for the general licensee.
    In addition, the changes in CoC No. 1032, Amendment No. 0, Revision 
1, do not apply to casks which were manufactured to other amendments of 
CoC No. 1032, and therefore, have no effect on current ISFSI licensees 
using casks which were manufactured to other amendments of CoC No. 
1032. For these reasons, approval of CoC No. 1032, Amendment No. 0, 
Revision 1, does not constitute backfitting for users of the HI-STORM 
FW MPC Storage System which were manufactured to other amendments of 
CoC No. 1032, under 10 CFR 72.62, 10 CFR 50.109(a)(1), or 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 NRC 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.

[[Page 58199]]



------------------------------------------------------------------------
               Document                       ADAMS Accession No.
------------------------------------------------------------------------
Proposed CoC No. 1032, Amendment No.   ML15124A631
 0, Revision 1.
Appendix A of Proposed TSs...........  ML15124A636
Appendix B of Proposed TS............  ML15124A642
Preliminary SER......................  ML15124A644
September 16, 2014, application......  ML14262A070
March 12, 2015, supplement to          ML15071A472
 application.
------------------------------------------------------------------------

    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-2015-0134. 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-2015-0134); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, 
Hazardous waste, Indians, Intergovernmental relations, Manpower 
training programs, Nuclear energy, Nuclear materials, Occupational 
safety and health, Penalties, Radiation protection, Reporting and 
recordkeeping requirements, Security measures, Spent fuel, 
Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following 
amendments to 10 CFR part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.


0
2. In Sec.  72.214, Certificate of Compliance No. 1032 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1032.
    Initial Certificate Effective Date: June 13, 2011, superseded by 
Amendment Number 0, Revision 1, on April 25, 2016.
    Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
    Amendment Number 1 Effective Date: December 17, 2014, superseded by 
Amendment Number 1, Revision 1, on June 2, 2015.
    Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the Holtec 
International HI-STORM FW System.
    Docket Number: 72-1032.
    Certificate Expiration Date: June 12, 2031.
    Model Number: HI-STORM FW MPC-37, MPC-89.
* * * * *

    Dated at Rockville, Maryland, this 18th day of September, 2015.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting, Executive Director for Operations.
[FR Doc. 2015-24615 Filed 9-25-15; 8:45 am]
 BILLING CODE 7590-01-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThe direct final rule is effective April 25, 2016, unless significant adverse comments are received by October 28, 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.
ContactSolomon 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 Citation80 FR 58195 
RIN Number3150-AJ62
CFR AssociatedAdministrative Practice and Procedure; Criminal Penalties; Hazardous Waste; Indians; Intergovernmental Relations; Manpower Training Programs; Nuclear Energy; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing

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