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)
Federal Register Volume 80, Issue 187 (September 28, 2015)
| Page Range | 58195-58199 | |
| FR Document | 2015-24615 |
[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] ======================================================================== 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. 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
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Rules and Regulations Federal Register
Vol. 80, No. 187
Monday, September 28, 2015
This section of the FEDERAL REGISTER comments on a companion proposed IX. Paperwork Reduction Act Statement
contains regulatory documents having general rule published in the Proposed Rules X. Regulatory Flexibility Certification
applicability and legal effect, most of which section of this issue of the Federal XI. Regulatory Analysis
are keyed to and codified in the Code of XII. Backfitting and Issue Finality
Register. XIII. Congressional Review Act
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. ADDRESSES: You may submit comments XIV. Availability of Documents
by any of the following methods (unless I. Obtaining Information and
The Code of Federal Regulations is sold by this document describes a different
the Superintendent of Documents. Prices of Submitting Comments
method for submitting comments on a
new books are listed in the first FEDERAL specific subject): A. Obtaining Information
REGISTER issue of each week.
• Federal Rulemaking Web site: Go to Please refer to Docket ID NRC–2015–
http://www.regulations.gov and search 0134 when contacting the NRC about
NUCLEAR REGULATORY for Docket ID NRC–2015–0134. Address the availability of information for this
COMMISSION questions about NRC dockets to Carol action. You may obtain publicly-
Gallagher; telephone: 301–415–3463; available information related to this
10 CFR Part 72 email: Carol.Gallagher@nrc.gov. For action by any of the following methods:
technical questions, contact the • Federal Rulemaking Web site: Go to
[NRC–2015–0134] individual listed in the FOR FURTHER http://www.regulations.gov and search
RIN 3150–AJ62 INFORMATION CONTACT section of this for Docket ID NRC–2015–0134.
document. • NRC’s Agencywide Documents
List of Approved Spent Fuel Storage • Email comments to: Access and Management System
Casks: Holtec International, HI–STORM Rulemaking.Comments@nrc.gov. If you (ADAMS): You may obtain publicly-
Flood/Wind Multipurpose Storage do not receive an automatic email reply available documents online in the
System, Certificate of Compliance No. confirming receipt, then contact us at ADAMS Public Documents collection at
1032, Amendment No. 0, Revision 1 301–415–1677. http://www.nrc.gov/reading-rm/
• Fax comments to: Secretary, U.S. adams.html. To begin the search, select
AGENCY: Nuclear Regulatory
Nuclear Regulatory Commission at 301– ‘‘ADAMS Public Documents’’ and then
Commission.
415–1101. select ‘‘Begin Web-based ADAMS
ACTION: Direct final rule. • Mail comments to: Secretary, U.S. Search.’’ For problems with ADAMS,
SUMMARY: The U.S. Nuclear Regulatory Nuclear Regulatory Commission, please contact the NRC’s Public
Commission (NRC) is amending its Washington, DC 20555–0001, ATTN: Document Room (PDR) reference staff at
spent fuel storage regulations by Rulemakings and Adjudications Staff. 1–800–397–4209, 301–415–4737, or by
revising the Holtec International • Hand deliver comments to: 11555 email to pdr.resource@nrc.gov. For the
(Holtec), HI–STORM (Holtec Rockville Pike, Rockville, Maryland convenience of the reader, instructions
International Storage Module) Flood/ 20852, between 7:30 a.m. and 4:15 p.m. about obtaining materials referenced in
Wind (FW) Multipurpose Canister (Eastern Time) Federal workdays; this document are provided in the
Storage (MPC) System listing within the telephone: 301–415–1677. ‘‘Availability of Documents’’ section.
For additional direction on obtaining • NRC’s PDR: You may examine and
‘‘List of approved spent fuel storage
information and submitting comments, purchase copies of public documents at
casks’’ to add Amendment No. 0,
see ‘‘Obtaining Information and the NRC’s PDR, Room O1–F21, One
Revision 1, to Certificate of Compliance
Submitting Comments’’ in the White Flint North, 11555 Rockville
(CoC) No. 1032. This revision corrects
SUPPLEMENTARY INFORMATION section of Pike, Rockville, Maryland 20852.
the CoC’s expiration date (editorial
change), clarifies heat load limits for this document. B. Submitting Comments
helium backfill ranges, clarifies the FOR FURTHER INFORMATION CONTACT:
Solomon Sahle, Office of Nuclear Please include Docket ID NRC–2015–
wording for the Limiting Condition for 0134 in your comment submission.
Operation (LCO) on vent blockage, and Material Safety and Safeguards, U.S.
The NRC cautions you not to include
revises the vacuum drying system heat Nuclear Regulatory Commission,
identifying or contact information that
load. Washington, DC 20555–0001; telephone:
you do not want to be publicly
DATES: The direct final rule is effective
301–415–3781; email: Solomon.Sahle@
disclosed in your comment submission.
April 25, 2016, unless significant nrc.gov.
The NRC will post all comment
adverse comments are received by SUPPLEMENTARY INFORMATION: submissions at http://
October 28, 2015. If the direct final rule www.regulations.gov as well as enter the
Table of Contents
is withdrawn as a result of such comment submissions into ADAMS.
comments, timely notice of the I. Obtaining Information and Submitting The NRC does not routinely edit
withdrawal will be published in the Comments comment submissions to remove
Federal Register. Comments received II. Procedural Background identifying or contact information.
tkelley on DSK3SPTVN1PROD with RULES
after this date will be considered if it is III. Background If you are requesting or aggregating
IV. Discussion of Changes
practical to do so, but the Commission V. Voluntary Consensus Standards
comments from other persons for
is able to ensure consideration only for VI. Agreement State Compatibility submission to the NRC, then you should
comments received on or before this VII. Plain Writing inform those persons not to include
date. Comments received on this direct VIII. Environmental Assessment and Finding identifying or contact information that
final rule will also be considered to be of No Significant Environmental Impact they do not want to be publicly
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![58196 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations
disclosed in their comment submission. For detailed instructions on Amendment No. 0, Revision 1, makes
Your request should state that the NRC submitting comments, please see the the following changes:
does not routinely edit comment ADDRESSES section of this document. • Corrects the expiration date to June
submissions to remove such information 12, 2031.
III. Background
before making the comment • Modifies Appendix A, Table 3–2, to
submissions available to the public or Section 218(a) of the Nuclear Waste show that the narrower helium backfill
entering the comment into ADAMS. Policy Act (NWPA) of 1982, as range can be used for all canisters
II. Procedural Background amended, requires that ‘‘the Secretary instead of only those above a certain
[of the Department of Energy] shall limit. Additionally, the footnotes on this
This rule is limited to the changes establish a demonstration program, in table are revised.
contained in Amendment No. 0, cooperation with the private sector, for • Revises the note in Appendix A,
Revision 1, to CoC No. 1032 and does the dry storage of spent nuclear fuel at LCO 3.1.2, to clarify that each of the
not include other aspects of the HI– civilian nuclear power reactor sites, inlet and outlet vents should be 50
STORM FW MPC Storage System. The with the objective of establishing one or percent unblocked.
NRC is using the ‘‘direct final rule’’ more technologies that the [Nuclear • Revises Appendix A, Table 3–1, to
procedure to issue this revision because Regulatory] Commission may, by rule, limit the MPC heat load limit for using
it represents a limited and routine approve for use at the sites of civilian the vacuum drying system to a lower
change to an existing CoC that is nuclear power reactors without, to the value, and revises the table notes
expected to be noncontroversial. maximum extent practicable, the need accordingly.
Adequate protection of public health for additional site-specific approvals by • Revises Appendix B, Tables 2.3–3
and safety continues to be ensured. The the Commission.’’ Section 133 of the and 2.3–4, to indicate that the per cell
revision to the rule will become NWPA states, in part, that ‘‘[t]he heat load limits correspond to the lower
effective on April 25, 2016. However, if Commission shall, by rule, establish MPC heat load limit.
the NRC receives significant adverse procedures for the licensing of any As documented in the safety
comments on this direct final rule by technology approved by the evaluation report (SER), the NRC staff
April 25, 2016, then the NRC will Commission under Section 219(a) [sic: performed a detailed safety evaluation
publish a document that withdraws this 218(a)] for use at the site of any civilian of the proposed CoC revision request.
action, and will subsequently address nuclear power reactor.’’ To implement Correcting the CoC expiration date to
the comments received in a final rule as this mandate, the Commission approved reflect a 20-year versus a 40-year
a response to the companion proposed dry storage of spent nuclear fuel in certification is an editorial change that
rule published in the Proposed Rule NRC-approved casks under a general is consistent with the original HI–
section of this issue of the Federal license by publishing a final rule which STORM FW MPC Storage System
Register. Absent significant added a new subpart K in part 72 of application and SER. The NRC staff also
modifications to the proposed revisions Title 10 of the Code of Federal finds that CoC No. 1032, as revised,
requiring republication, the NRC will Regulations (10 CFR) entitled ‘‘General identifies the necessary TSs to satisfy 10
not initiate a second comment period on License for Storage of Spent Fuel at CFR part 72 and that the applicable
this action. Power Reactor Sites’’ (55 FR 29181; July criteria of 10 CFR 72.236 have been
A significant adverse comment is a 18, 1990). This rule also established a satisfied. The NRC staff concludes that
comment where the commenter new subpart L within 10 CFR part 72 the proposed TS changes provide
explains why the rule would be entitled, ‘‘Approval of Spent Fuel reasonable assurance that the HI–
inappropriate, including challenges to Storage Casks,’’ which contains STORM FW MPC Storage System will
the rule’s underlying premise or procedures and criteria for obtaining allow safe storage of spent nuclear fuel.
approach, or would be ineffective or NRC approval of spent fuel storage cask This direct final rule revises the
unacceptable without a change. A designs. The NRC subsequently issued a Holtec HI–STORM FW MPC Storage
comment is adverse and significant if: direct final rule on March 28, 2011 (76 System listing in 10 CFR 72.214 by
(1) The comment opposes the rule and FR 17019), that approved the Holtec HI– adding Amendment No. 0, Revision 1,
provides a reason sufficient to require a STORM FW MPC Storage System and to CoC No. 1032. The revision consists
substantive response in a notice-and- added it to the list of NRC-approved of the changes previously described, as
comment process. For example, a cask designs in 10 CFR 72.214 as CoC set forth in the revised CoC and TSs.
substantive response is required when: No. 1032. The revised TSs are identified in the
(a) The comment causes the NRC staff SER.
IV. Discussion of Changes
to reevaluate (or reconsider) its position The revised Holtec HI–STORM FW
or conduct additional analysis; The By letter dated September 16, 2014, MPC Storage System, when used under
comment raises an issue serious enough and as supplemented on March 12, the conditions specified in the CoC, the
to warrant a substantive response to 2015, Holtec submitted a request to the TSs, and the NRC’s regulations, will
clarify or complete the record; or NRC to revise the initial certificate meet the requirements of 10 CFR part
(b) The comment raises a relevant issued as CoC No. 1032. Because this is 72; therefore, adequate protection of
issue that was not previously addressed a request to revise the initial certificate, public health and safety will continue to
or considered by the NRC staff. the revision is being referred to as be ensured. The NRC staff further
(2) The comment proposes a change ‘‘Amendment No. 0, Revision 1.’’ determined that the issuance of the
or an addition to the rule, and it is Amendment No. 0, Revision 1, will revision will not be inimical to the
apparent that the rule would be supersede the initial version of the CoC common defense and security. When
tkelley on DSK3SPTVN1PROD with RULES
ineffective or unacceptable without and TSs that were effective on June 13, this direct final rule becomes effective,
incorporation of the change or addition. 2011, in their entirety. The HI–STORM persons who hold a general license
(3) The comment causes the NRC staff FW MPC Storage System is a spent under 10 CFR 72.210 may load spent
to make a change (other than editorial) nuclear fuel storage system designed to nuclear fuel into the HI–STORM FW
to the rule, CoC, or Technical be in full compliance with the MPC Storage System that meets the
Specifications (TSs). requirements of 10 CFR part 72. criteria of Amendment No. 0, Revision
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![Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58199
ADAMS Accession
Document No.
Proposed CoC No. 1032, Amendment No. 0, Revision 1 .......................................................................................................... ML15124A631
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 application ................................................................................................................................ ML15071A472
The NRC may post materials related 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 SUMMARY: This action modifies Class E
to this document, including public note. surface area airspace designated as an
comments, on the Federal rulemaking ■ 2. In § 72.214, Certificate of extension to Class C airspace, and Class
Web site at http://www.regulations.gov Compliance No. 1032 is revised to read E airspace extending upward from 700
under Docket ID NRC–2015–0134. The as follows: feet above the surface at Portland
Federal rulemaking Web site allows you International Airport, Portland, OR.
to receive alerts when changes or § 72.214 List of approved spent fuel After reviewing the airspace, the FAA
additions occur in a docket folder. To storage casks. found the Portland VHF
subscribe: (1) Navigate to the docket * * * * * omnidirectional radio range/distance
folder (NRC–2015–0134); (2) click the Certificate Number: 1032. measuring equipment (VOR/DME) and
‘‘Sign up for Email Alerts’’ link; and (3) Initial Certificate Effective Date: June Laker non-directional beacon (NDB) has
enter your email address and select how 13, 2011, superseded by Amendment been decommissioned, thereby
frequently you would like to receive Number 0, Revision 1, on April 25, necessitating airspace redesign for the
emails (daily, weekly, or monthly). 2016. safety and management of Instrument
Amendment Number 0, Revision 1, Flight Rules (IFR) operations at the
List of Subjects in 10 CFR Part 72 Effective Date: April 25, 2016. airport. This action also corrects the
Administrative practice and Amendment Number 1 Effective Date: geographic coordinates of the airport.
procedure, Criminal penalties, December 17, 2014, superseded by
Hazardous waste, Indians, Amendment Number 1, Revision 1, on DATES: Effective 0901 UTC, December
Intergovernmental relations, Manpower June 2, 2015. 10, 2015. The Director of the Federal
training programs, Nuclear energy, Amendment Number 1, Revision 1, Register approves this incorporation by
Nuclear materials, Occupational safety Effective Date: June 2, 2015. reference action under title 1, Code of
and health, Penalties, Radiation SAR Submitted by: Holtec Federal Regulations, part 51, subject to
protection, Reporting and recordkeeping International, Inc. the annual revision of FAA Order
requirements, Security measures, Spent SAR Title: Final Safety Analysis 7400.9 and publication of conforming
fuel, Whistleblowing. Report for the Holtec International HI– amendments.
For the reasons set out in the STORM FW System. ADDRESSES: FAA Order 7400.9Z,
preamble and under the authority of the Docket Number: 72–1032. Airspace Designations and Reporting
Atomic Energy Act of 1954, as amended; Certificate Expiration Date: June 12, Points, and subsequent amendments can
the Energy Reorganization Act of 1974, 2031. be viewed online at http://www.faa.gov/
as amended; the Nuclear Waste Policy Model Number: HI–STORM FW air_traffic/publications/. For further
Act of 1982, as amended; and 5 U.S.C. MPC–37, MPC–89. information, you can contact the
552 and 553; the NRC is adopting the * * * * * Airspace Policy and ATC Regulations
following amendments to 10 CFR part Dated at Rockville, Maryland, this 18th day Group, Federal Aviation
72. of September, 2015. Administration, 800 Independence
For the Nuclear Regulatory Commission. Avenue SW., Washington DC 29591;
PART 72—LICENSING
Michael F. Weber, telephone: 202–267–8783. The Order is
REQUIREMENTS FOR THE
Acting, Executive Director for Operations. also available for inspection at the
INDEPENDENT STORAGE OF SPENT
National Archives and Records
NUCLEAR FUEL, HIGH-LEVEL [FR Doc. 2015–24615 Filed 9–25–15; 8:45 am]
Administration (NARA). For
RADIOACTIVE WASTE, AND BILLING CODE 7590–01–P
information on the availability of this
REACTOR-RELATED GREATER THAN
material at NARA, call 202–741–6030,
CLASS C WASTE
or go to http://www.archives.gov/
■ 1. The authority citation for part 72 DEPARTMENT OF TRANSPORTATION federal_register/code_of_federal-
continues to read as follows: regulations/ibr_locations.html.
Federal Aviation Administration
Authority: Atomic Energy Act of 1954, FAA Order 7400.9, Airspace
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 14 CFR Part 71 Designations and Reporting Points, is
183, 184, 186, 187, 189, 223, 234, 274 (42 published yearly and effective on
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, [Docket No. FAA–2015–1137; Airspace September 15.
2099, 2111, 2201, 2210e, 2232, 2233, 2234, Docket No. 15–ANM–4]
2236, 2237, 2238, 2273, 2282, 2021); Energy FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with RULES
Reorganization Act of 1974, secs. 201, 202, Amendment of Class E Airspace; Steve Haga, Federal Aviation
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Portland, OR Administration, Operations Support
National Environmental Policy Act of 1969 Group, Western Service Center, 1601
(42 U.S.C. 4332); Nuclear Waste Policy Act AGENCY: Federal Aviation Lind Avenue SW., Renton, WA 98057;
of 1982, secs. 117(a), 132, 133, 134, 135, 137, Administration (FAA), DOT. telephone (425) 203–4563.
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), ACTION: Final rule.
10152, 10153, 10154, 10155, 10157, 10161, SUPPLEMENTARY INFORMATION:
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Document Created: 2018-02-26 10:21:49
Document Modified: 2018-02-26 10:21:49
| 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 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. | |
| 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 58195 | |
| RIN Number | 3150-AJ62 | |
| CFR Associated | 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 and Whistleblowing |
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