81_FR_1122 81 FR 1116 - 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

81 FR 1116 - 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 81, Issue 6 (January 11, 2016)

Page Range1116-1118
FR Document2016-00163

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of April 25, 2016, for the direct final rule that was published in the Federal Register on September 28, 2015. This direct final rule amended the NRC's spent fuel storage regulations by revising the Holtec International (Holtec), HI-STORM (Holtec International Storage Module) Flood/Wind (FW) Multipurpose Canister Storage (MPC) Storage 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 81 Issue 6 (Monday, January 11, 2016)
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Rules and Regulations]
[Pages 1116-1118]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00163]



[[Page 1116]]

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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; confirmation of effective date.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the 
effective date of April 25, 2016, for the direct final rule that was 
published in the Federal Register on September 28, 2015. This direct 
final rule amended the NRC's spent fuel storage regulations by revising 
the Holtec International (Holtec), HI-STORM (Holtec International 
Storage Module) Flood/Wind (FW) Multipurpose Canister Storage (MPC) 
Storage 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: Effective date: The effective date of April 25, 2016, for the 
direct final rule published September 28, 2015 (80 FR 58195), is 
confirmed.

ADDRESSES: 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. 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.
     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].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

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: 

I. Discussion

    On September 28, 2015 (80 FR 58195), the NRC published a direct 
final rule amending its regulations in Sec.  72.214 of Title 10 of the 
Code of Federal Regulations by revising the Holtec HI-STORM FW MPC 
Storage System listing within the ``List of approved spent fuel storage 
casks'' to add Amendment No. 0, Revision 1, to 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 LCO on vent blockage, and revises the vacuum drying 
system heat load.

II. Public Comments on Companion Proposed Rule

    In the direct final rule, the NRC stated that if no significant 
adverse comments were received, the direct final rule would become 
effective on April 25, 2016. The NRC received public comments from 
private citizens on the companion proposed rule (80 FR 58222). 
Electronic copies of these comments can be obtained from the Federal 
Rulemaking Web site, http://www.regulations.gov, by searching for 
Docket ID NRC-2015-0134. The comments also are available in ADAMS under 
Accession Nos. ML15296A243, ML15296A241, ML15296A242, ML15299A281, 
ML15307A612, ML15307A615, ML15307A608, ML15307A609, ML15307A610, and 
ML15307A611. For the reasons discussed in more detail in Section III, 
``Public Comment Analysis,'' of this document, none of the comments 
received are considered significant adverse comments.

III. Public Comment Analysis

    The NRC received comments on the proposed rule, many raising 
multiple and overlapping issues. As explained in the September 28, 
2015, direct final rule, the NRC would withdraw the direct final rule 
only if it received a ``significant adverse comment.'' This 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.
    In this instance, the NRC determined that none of the comments 
submitted on the proposed rule are significant adverse comments. The 
comments were either beyond the scope of this rulemaking or already 
addressed by the NRC staff's safety evaluation report (SER) (ADAMS 
Accession No. ML15124A644). The NRC has not made any changes to the 
direct final rule as a result of the public comments. However, the NRC 
is taking this opportunity to respond to the comments in an effort to 
clarify information about the 10 CFR part 72 CoC rulemaking process, 
and the limited nature of this revision.
    For rulemakings amending or revising a CoC, the scope of the 
rulemaking is limited to the specific changes requested by the 
applicant in the request for the amendment or revision. Therefore, 
comments about the system, or spent fuel storage in general that are 
not applicable to the changes requested by the applicant, are outside 
the scope of this rulemaking. Comments about details of the particular 
system that is the subject of the rulemaking, but that are not being 
addressed by the specific changes requested, have already been resolved 
in prior rulemakings. Persons who have questions or concerns about 
prior rulemakings and the resulting final rules may consider the NRC's 
petition for rulemaking process under 10 CFR 2.802. Additionally, 
safety concerns about any NRC-regulated activity may be reported to the 
NRC in accordance with the guidance posted on the NRC's public Web site 
at http://www.nrc.gov/about-nrc/regulatory/allegations/safety-concern.html. This Web site provides information on how to notify the 
NRC of emergency or non-emergency issues.
    The NRC identified the following issues raised in the comments, and 
the NRC's responses to these issues follow.

Comment 1

    Two comments received from one commenter requested the NRC deny 
this revision request, expressing concern with the thickness of the 
canisters. The commenter stated that European systems have a more 
robust design and that NRC should require the same. The commenter 
expressed concern that the

[[Page 1117]]

NRC's approval would not be protective of public health and safety.

NRC Response

    The comment is out of scope for this revision. It is a general 
comment recommending that United States' manufacturers utilize some 
design features used in some European systems. The European systems 
cited are designed for a different application than dry cask storage 
systems authorized by 10 CFR 72 Subpart K, ``General License for 
Storage of Spent Fuel at Power Reactor Sites.'' The HI-STORM FW MPC 
Storage System was evaluated by the NRC staff to acceptably protect the 
public health and safety on July 14, 2011 (ADAMS Accession No. 
ML111950103). The Revision 1 changes were evaluated by the NRC staff to 
ensure that the HI-STORM FW MPC Storage System will continue to protect 
the public health and safety. These evaluations were performed in 
accordance with the NRC's existing part 72 regulations. Requests to 
revise the underlying part 72 requirements are beyond the scope of this 
revision request.

Comment 2

    Two comments, which read ``good'', appeared to indicate support for 
the rule.

NRC Response

    The NRC acknowledges the comments. Because the comments appear to 
support the rule, the comments are not considered significant adverse 
comments.

Comment 3

    Two commenters expressed concern regarding the vent size, stating 
that the vents are disproportionately small for such large casks, and 
poorly located. The commenters also stated that 50% blockage of the 
vents is unacceptable regardless of temperature, and that, instead, 
vents should be totally unblocked to be considered operable. The 
commenters also expressed concern with the protocols for vents that are 
not operable within 24 hours. The commenters also objected to a 
perceived inconsistent application of ASME code standards to the CoC.

NRC Response

    The HI-STORM FW MPC Storage System design, including the vent size 
and location, were evaluated by the NRC staff in the initial approval 
(ADAMS Accession No. ML111950103). The system was ultimately determined 
to be acceptable because the applicant demonstrated that the system 
could maintain the spent nuclear fuel below regulatory limits with up 
to 50% blockage of the inlet and out vents for an indefinite time as 
long as the spent fuel storage cask heat removal system remains 
operable. Although this revision includes clarifying changes to the LCO 
vent blockage language, there are no changes in this revision that 
impact the underlying analysis evaluated in the initial approval. 
Additionally, there is no specific information in the comment that 
would cause the NRC to reevaluate this analysis. Therefore, this 
comment is not considered a significant adverse comment.

Comment 4

    One commenter requested withdrawal of the revision due to concerns 
that the environmental assessment (EA) that accompanied the rule was 
inadequate. The commenter expressed concern that, because the EA for 
this rule tiered off of an EA performed for the 1990 rulemaking that 
added the general license for storage of spent fuel at power reactor 
sites, the EA is outdated. The commenter noted that using an outdated 
EA raises the question of whether the EA is valid in light of the 
Fukushima disaster that occurred in Japan on March 11, 2011. In 
addition to withdrawal of the rule, the commenter also requested that a 
new environmental impact assessment be commissioned, and that all 
current projects meet at least the minimum standards employed at 
Fukushima.

NRC Response

    This comment is not a significant adverse comment as it fails to 
present any specific challenge to the EA performed in support of this 
rule. As noted in the comment, the NRC performed an EA in support of 
this revision. That EA tiered off of an earlier EA completed to support 
changes to the part 72 rule that added the general license provisions, 
but considered environmental impacts specific to this revision. Both of 
these EAs concluded with a finding of no significant environmental 
impact. This comment does not provide any specific environmental 
information relating to the storage of spent fuel at Fukushima that 
would invalidate the finding of no significant impact in this EA or the 
earlier EA or that would cause the NRC to reevaluate the environmental 
impacts associated with this revision to this CoC. Moreover, the staff 
is unaware of any information that would challenge the findings made in 
these EAs.

Comment 5

    Comments were also received which neither supported nor opposed the 
rule, but instead, contained numerous questions about this CoC system 
and other similar CoC systems. Although these comments are not 
significant adverse comments, and in many instances fall outside the 
scope of this specific rulemaking, the NRC is taking this opportunity 
to attempt to address the questions received.
    One commenter asked about temperature values included in the 
Appendix A Technical Specifications (TS) page 3.1.2-2. The commenter 
noted that a previous CoC included one temperature value as 137 degrees 
F, while this CoC TS identifies it as 139 degrees F, but does not 
reflect it as a revision. The commenter asked which temperature value 
is correct and the implication of the temperature difference. The 
commenter also asked how relevant ambient air temperature is to 
underground systems such as the Holtec HI-STORM UMAX system.

NRC Response

    The temperature addressed in the comment is correctly listed as 139 
degrees F which is applicable to CoC 1032, Amendment No. 0. This 
temperature was changed to 137 degrees F in CoC 1032, Amendment No. 1. 
The HI-STORM UMAX is a different system from the HI-STORM FW MPC 
Storage System and as such has a different thermal design.

Comment 6

    Another commenter requested an explanation as to the vendor's 
statement in the application regarding additional flexibility 
associated with the limits to the use of vacuum drying to casks at 
lower heat loads.

NRC Response

    In the application for this revision, the applicant contends that 
lowering this temperature limit provides additional conservatism 
(margin) that would allow the applicant the flexibility to implement 
some changes under the 10 CFR 72.48 process rather than through the 
amendment process. The NRC staff evaluated the lower temperature limit 
in its preliminary SER (ADAMS Accession No. ML15124A644), and found the 
lower limit acceptable.

Comment 7

    Finally, there were several questions asked about the relationship 
between this revision and the HI-STORM UMAX system and/or the 
implications of the changes proposed here to potential uses at the San 
Onofre Generating Station

[[Page 1118]]

(SONGS). Questions included whether this change addresses the impacts 
of using the HI-STORM FW system MPC-37 in the HI-STORM UMAX system, and 
whether it involves ``the proposed San Onofre configuration of only 
installing \1/2\ underground.'' The commenter questioned what CoC is 
approved for use in the HI-STORM UMAX system. Another question asked 
was whether this change allows ``MPC-37 canister thickness increases 
(such as a change from 0.5'' to 0.625'' proposed for San Onofre) 
without requiring a license amendment.''

NRC Response

    There is no relationship between this revision and the HI-STORM 
UMAX system. Each system is separately reviewed and certified in 
accordance with 10 CFR part 72. General licensees may use the certified 
systems identified in 10 CFR 72.214 subject to meeting certain 
requirements in 10 CFR part 72. Therefore, the changes in this revision 
are applicable only to the HI-STORM FW MPC system, CoC No. 1032, and 
are not applicable to the HI-STORM UMAX system that is intended to be 
used at SONGS. Nothing in this revision impacts anything associated 
with the HI-STORM UMAX system; therefore, this revision does not impact 
the thickness of the canisters in the HI-STORM UMAX system, or the 
placement of the UMAX system. Additionally, although this rule is a 
revision to the HI-STORM FW MPC system, nothing in this revision 
impacts the thickness of the canisters in the HI-STORM FW MPC system.
    For these reasons, the NRC staff has concluded that the comments 
received on the companion proposed rule for the Holtec HI-STORM FW MPC 
Storage System listing within the ``List of approved spent fuel storage 
casks'' to add Amendment No. 0, Revision 1, to CoC No. 1032, are not 
significant adverse comments as defined in NUREG/BR-0053, Revision 6, 
``United States Nuclear Regulatory Commission Regulations Handbook'' 
(ADAMS Accession No. ML052720461). Therefore, this rule will become 
effective as scheduled.

    Dated at Rockville, Maryland, this 31st day of December 2015.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2016-00163 Filed 1-8-16; 8:45 am]
 BILLING CODE 7590-01-P



                                              1116               Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations

                                              NUCLEAR REGULATORY                                      adams.html. To begin the search, select                and overlapping issues. As explained in
                                              COMMISSION                                              ‘‘ADAMS Public Documents’’ and then                    the September 28, 2015, direct final
                                                                                                      select ‘‘Begin Web-based ADAMS                         rule, the NRC would withdraw the
                                              10 CFR Part 72                                          Search.’’ For problems with ADAMS,                     direct final rule only if it received a
                                              [NRC–2015–0134]                                         please contact the NRC’s Public                        ‘‘significant adverse comment.’’ This is
                                                                                                      Document Room (PDR) reference staff at                 a comment where the commenter
                                              RIN 3150–AJ62                                           1–800–397–4209, 301–415–4737, or by                    explains why the rule would be
                                                                                                      email to pdr.resource@nrc.gov.                         inappropriate, including challenges to
                                              List of Approved Spent Fuel Storage                        • NRC’s PDR: You may examine and                    the rule’s underlying premise or
                                              Casks: Holtec International, HI–STORM                   purchase copies of public documents at                 approach, or would be ineffective or
                                              Flood/Wind Multipurpose Storage                         the NRC’s PDR, Room O–1F21, One                        unacceptable without a change.
                                              System, Certificate of Compliance No.                   White Flint North, 11555 Rockville                        In this instance, the NRC determined
                                              1032, Amendment No. 0, Revision 1                       Pike, Rockville, Maryland 20852.                       that none of the comments submitted on
                                              AGENCY:   Nuclear Regulatory                            FOR FURTHER INFORMATION CONTACT:                       the proposed rule are significant adverse
                                              Commission.                                             Solomon Sahle, Office of Nuclear                       comments. The comments were either
                                              ACTION: Direct final rule; confirmation of              Material Safety and Safeguards, U.S.                   beyond the scope of this rulemaking or
                                              effective date.                                         Nuclear Regulatory Commission,                         already addressed by the NRC staff’s
                                                                                                      Washington, DC 20555–0001; telephone:                  safety evaluation report (SER) (ADAMS
                                              SUMMARY:   The U.S. Nuclear Regulatory                  301–415–3781; email:                                   Accession No. ML15124A644). The NRC
                                              Commission (NRC) is confirming the                      Solomon.Sahle@nrc.gov.                                 has not made any changes to the direct
                                              effective date of April 25, 2016, for the               SUPPLEMENTARY INFORMATION:                             final rule as a result of the public
                                              direct final rule that was published in                                                                        comments. However, the NRC is taking
                                              the Federal Register on September 28,                   I. Discussion                                          this opportunity to respond to the
                                              2015. This direct final rule amended the                   On September 28, 2015 (80 FR 58195),                comments in an effort to clarify
                                              NRC’s spent fuel storage regulations by                 the NRC published a direct final rule                  information about the 10 CFR part 72
                                              revising the Holtec International                       amending its regulations in § 72.214 of                CoC rulemaking process, and the
                                              (Holtec), HI–STORM (Holtec                              Title 10 of the Code of Federal                        limited nature of this revision.
                                              International Storage Module) Flood/                    Regulations by revising the Holtec HI–                    For rulemakings amending or revising
                                              Wind (FW) Multipurpose Canister                         STORM FW MPC Storage System listing                    a CoC, the scope of the rulemaking is
                                              Storage (MPC) Storage System listing                    within the ‘‘List of approved spent fuel               limited to the specific changes
                                              within the ‘‘List of approved spent fuel                storage casks’’ to add Amendment No. 0,                requested by the applicant in the
                                              storage casks’’ to add Amendment No. 0,                 Revision 1, to CoC No. 1032. This                      request for the amendment or revision.
                                              Revision 1, to Certificate of Compliance                revision corrects the CoC’s expiration                 Therefore, comments about the system,
                                              (CoC) No. 1032. This revision corrects                  date (editorial change), clarifies heat                or spent fuel storage in general that are
                                              the CoC’s expiration date (editorial                    load limits for helium backfill ranges,                not applicable to the changes requested
                                              change), clarifies heat load limits for                 clarifies the wording for the LCO on                   by the applicant, are outside the scope
                                              helium backfill ranges, clarifies the                   vent blockage, and revises the vacuum                  of this rulemaking. Comments about
                                              wording for the Limiting Condition for                  drying system heat load.                               details of the particular system that is
                                              Operation (LCO) on vent blockage, and                   II. Public Comments on Companion                       the subject of the rulemaking, but that
                                              revises the vacuum drying system heat                   Proposed Rule                                          are not being addressed by the specific
                                              load.                                                                                                          changes requested, have already been
                                                                                                         In the direct final rule, the NRC stated
                                              DATES: Effective date: The effective date                                                                      resolved in prior rulemakings. Persons
                                                                                                      that if no significant adverse comments
                                              of April 25, 2016, for the direct final                                                                        who have questions or concerns about
                                                                                                      were received, the direct final rule
                                              rule published September 28, 2015 (80                                                                          prior rulemakings and the resulting final
                                                                                                      would become effective on April 25,
                                              FR 58195), is confirmed.                                                                                       rules may consider the NRC’s petition
                                                                                                      2016. The NRC received public
                                              ADDRESSES: Please refer to Docket ID                    comments from private citizens on the                  for rulemaking process under 10 CFR
                                              NRC–2015–0134 when contacting the                       companion proposed rule (80 FR                         2.802. Additionally, safety concerns
                                              NRC about the availability of                           58222). Electronic copies of these                     about any NRC-regulated activity may
                                              information for this action. You may                    comments can be obtained from the                      be reported to the NRC in accordance
                                              obtain publicly-available information                   Federal Rulemaking Web site, http://                   with the guidance posted on the NRC’s
                                              related to this action by any of the                    www.regulations.gov, by searching for                  public Web site at http://www.nrc.gov/
                                              following methods:                                      Docket ID NRC–2015–0134. The                           about-nrc/regulatory/allegations/safety-
                                                 • Federal Rulemaking Web site: Go to                 comments also are available in ADAMS                   concern.html. This Web site provides
                                              http://www.regulations.gov and search                   under Accession Nos. ML15296A243,                      information on how to notify the NRC
                                              for Docket ID NRC–2015–0134. Address                    ML15296A241, ML15296A242,                              of emergency or non-emergency issues.
                                              questions about NRC dockets to Carol                    ML15299A281, ML15307A612,                                 The NRC identified the following
                                              Gallagher; telephone: 301–415–3463;                     ML15307A615, ML15307A608,                              issues raised in the comments, and the
                                              email: Carol.Gallagher@nrc.gov. For                     ML15307A609, ML15307A610, and                          NRC’s responses to these issues follow.
                                              technical questions, contact the                        ML15307A611. For the reasons                           Comment 1
                                              individual listed in the FOR FURTHER                    discussed in more detail in Section III,
                                              INFORMATION CONTACT section of this                     ‘‘Public Comment Analysis,’’ of this                     Two comments received from one
ebenthall on DSK6SPTVN1PROD with RULES




                                              document.                                               document, none of the comments                         commenter requested the NRC deny this
                                                • NRC’s Agencywide Documents                          received are considered significant                    revision request, expressing concern
                                              Access and Management System                            adverse comments.                                      with the thickness of the canisters. The
                                              (ADAMS): You may obtain publicly-                                                                              commenter stated that European
                                              available documents online in the                       III. Public Comment Analysis                           systems have a more robust design and
                                              ADAMS Public Documents collection at                       The NRC received comments on the                    that NRC should require the same. The
                                              http://www.nrc.gov/reading-rm/                          proposed rule, many raising multiple                   commenter expressed concern that the


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                                                                 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations                                           1117

                                              NRC’s approval would not be protective                  maintain the spent nuclear fuel below                  Comment 5
                                              of public health and safety.                            regulatory limits with up to 50%                         Comments were also received which
                                                                                                      blockage of the inlet and out vents for                neither supported nor opposed the rule,
                                              NRC Response
                                                                                                      an indefinite time as long as the spent                but instead, contained numerous
                                                 The comment is out of scope for this                 fuel storage cask heat removal system                  questions about this CoC system and
                                              revision. It is a general comment                       remains operable. Although this                        other similar CoC systems. Although
                                              recommending that United States’                        revision includes clarifying changes to                these comments are not significant
                                              manufacturers utilize some design                       the LCO vent blockage language, there                  adverse comments, and in many
                                              features used in some European                          are no changes in this revision that                   instances fall outside the scope of this
                                              systems. The European systems cited                     impact the underlying analysis                         specific rulemaking, the NRC is taking
                                              are designed for a different application                evaluated in the initial approval.                     this opportunity to attempt to address
                                              than dry cask storage systems                           Additionally, there is no specific                     the questions received.
                                              authorized by 10 CFR 72 Subpart K,                      information in the comment that would                    One commenter asked about
                                              ‘‘General License for Storage of Spent                  cause the NRC to reevaluate this                       temperature values included in the
                                              Fuel at Power Reactor Sites.’’ The HI–                  analysis. Therefore, this comment is not               Appendix A Technical Specifications
                                              STORM FW MPC Storage System was                         considered a significant adverse                       (TS) page 3.1.2–2. The commenter noted
                                              evaluated by the NRC staff to acceptably                comment.                                               that a previous CoC included one
                                              protect the public health and safety on                                                                        temperature value as 137 degrees F,
                                              July 14, 2011 (ADAMS Accession No.                      Comment 4                                              while this CoC TS identifies it as 139
                                              ML111950103). The Revision 1 changes                                                                           degrees F, but does not reflect it as a
                                              were evaluated by the NRC staff to                         One commenter requested withdrawal
                                                                                                      of the revision due to concerns that the               revision. The commenter asked which
                                              ensure that the HI–STORM FW MPC                                                                                temperature value is correct and the
                                              Storage System will continue to protect                 environmental assessment (EA) that
                                                                                                                                                             implication of the temperature
                                              the public health and safety. These                     accompanied the rule was inadequate.
                                                                                                                                                             difference. The commenter also asked
                                              evaluations were performed in                           The commenter expressed concern that,
                                                                                                                                                             how relevant ambient air temperature is
                                              accordance with the NRC’s existing part                 because the EA for this rule tiered off of
                                                                                                                                                             to underground systems such as the
                                              72 regulations. Requests to revise the                  an EA performed for the 1990
                                                                                                                                                             Holtec HI–STORM UMAX system.
                                              underlying part 72 requirements are                     rulemaking that added the general
                                              beyond the scope of this revision                       license for storage of spent fuel at power             NRC Response
                                              request.                                                reactor sites, the EA is outdated. The                    The temperature addressed in the
                                                                                                      commenter noted that using an outdated                 comment is correctly listed as 139
                                              Comment 2                                               EA raises the question of whether the                  degrees F which is applicable to CoC
                                                Two comments, which read ‘‘good’’,                    EA is valid in light of the Fukushima                  1032, Amendment No. 0. This
                                              appeared to indicate support for the                    disaster that occurred in Japan on March               temperature was changed to 137 degrees
                                              rule.                                                   11, 2011. In addition to withdrawal of                 F in CoC 1032, Amendment No. 1. The
                                                                                                      the rule, the commenter also requested                 HI–STORM UMAX is a different system
                                              NRC Response                                            that a new environmental impact                        from the HI–STORM FW MPC Storage
                                                The NRC acknowledges the                              assessment be commissioned, and that                   System and as such has a different
                                              comments. Because the comments                          all current projects meet at least the                 thermal design.
                                              appear to support the rule, the                         minimum standards employed at
                                              comments are not considered significant                 Fukushima.                                             Comment 6
                                              adverse comments.                                                                                                 Another commenter requested an
                                                                                                      NRC Response                                           explanation as to the vendor’s statement
                                              Comment 3
                                                                                                         This comment is not a significant                   in the application regarding additional
                                                Two commenters expressed concern                                                                             flexibility associated with the limits to
                                              regarding the vent size, stating that the               adverse comment as it fails to present
                                                                                                      any specific challenge to the EA                       the use of vacuum drying to casks at
                                              vents are disproportionately small for                                                                         lower heat loads.
                                              such large casks, and poorly located.                   performed in support of this rule. As
                                              The commenters also stated that 50%                     noted in the comment, the NRC                          NRC Response
                                              blockage of the vents is unacceptable                   performed an EA in support of this                       In the application for this revision,
                                              regardless of temperature, and that,                    revision. That EA tiered off of an earlier             the applicant contends that lowering
                                              instead, vents should be totally                        EA completed to support changes to the                 this temperature limit provides
                                              unblocked to be considered operable.                    part 72 rule that added the general                    additional conservatism (margin) that
                                              The commenters also expressed concern                   license provisions, but considered                     would allow the applicant the flexibility
                                              with the protocols for vents that are not               environmental impacts specific to this                 to implement some changes under the
                                              operable within 24 hours. The                           revision. Both of these EAs concluded                  10 CFR 72.48 process rather than
                                              commenters also objected to a perceived                 with a finding of no significant                       through the amendment process. The
                                              inconsistent application of ASME code                   environmental impact. This comment                     NRC staff evaluated the lower
                                              standards to the CoC.                                   does not provide any specific                          temperature limit in its preliminary SER
                                                                                                      environmental information relating to                  (ADAMS Accession No. ML15124A644),
                                              NRC Response                                            the storage of spent fuel at Fukushima                 and found the lower limit acceptable.
                                                The HI–STORM FW MPC Storage                           that would invalidate the finding of no
                                                                                                                                                             Comment 7
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                                              System design, including the vent size                  significant impact in this EA or the
                                              and location, were evaluated by the                     earlier EA or that would cause the NRC                    Finally, there were several questions
                                              NRC staff in the initial approval                       to reevaluate the environmental impacts                asked about the relationship between
                                              (ADAMS Accession No. ML111950103).                      associated with this revision to this                  this revision and the HI–STORM UMAX
                                              The system was ultimately determined                    CoC. Moreover, the staff is unaware of                 system and/or the implications of the
                                              to be acceptable because the applicant                  any information that would challenge                   changes proposed here to potential uses
                                              demonstrated that the system could                      the findings made in these EAs.                        at the San Onofre Generating Station


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                                              1118               Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Rules and Regulations

                                              (SONGS). Questions included whether                     DEPARTMENT OF COMMERCE                                 New Fee Schedule
                                              this change addresses the impacts of                                                                              In an October 22, 2015, final rule (80
                                              using the HI–STORM FW system MPC–                       National Oceanic and Atmospheric
                                                                                                                                                             FR 63914), NESDIS established a new
                                              37 in the HI–STORM UMAX system,                         Administration
                                                                                                                                                             schedule of fees for the sale of its data,
                                              and whether it involves ‘‘the proposed                                                                         information, and related products and
                                              San Onofre configuration of only                        15 CFR Part 950
                                                                                                                                                             services to users (‘‘October 2015 Fee
                                              installing 1⁄2 underground.’’ The                                                                              Schedule Rule’’). NESDIS revised the
                                                                                                      [Docket No. 150202106–5999–03]
                                              commenter questioned what CoC is                                                                               fee schedule that has been in effect
                                              approved for use in the HI–STORM                        RIN 0648–BE86                                          since 2013 to ensure that the fees
                                              UMAX system. Another question asked                                                                            accurately reflect the costs of providing
                                              was whether this change allows ‘‘MPC–                   Schedule of Fees for Access to NOAA                    access to the environmental data,
                                              37 canister thickness increases (such as                Environmental Data, Information, and                   information, and related products and
                                              a change from 0.5’’ to 0.625’’ proposed                 Related Products and Services;                         services. The new fee schedule lists
                                              for San Onofre) without requiring a                     Correction                                             both the current fee charged for each
                                              license amendment.’’                                                                                           item and the new fee to be charged to
                                                                                                      AGENCY:   National Environmental
                                              NRC Response                                            Satellite, Data and Information Service                users that took effect beginning
                                                                                                      (NESDIS), National Oceanic and                         November 23, 2015. The schedule
                                                 There is no relationship between this                Atmospheric Administration (NOAA),                     applies to the listed services provided
                                              revision and the HI–STORM UMAX                          Department of Commerce.                                by NESDIS on or after this date, except
                                              system. Each system is separately                                                                              for products and services covered by a
                                                                                                      ACTION: Final rule; correcting
                                              reviewed and certified in accordance                                                                           subscription agreement in effect as of
                                                                                                      amendment.                                             this date that extends beyond this date.
                                              with 10 CFR part 72. General licensees
                                              may use the certified systems identified                SUMMARY:    This action corrects the                   In those cases, the increased fees will
                                              in 10 CFR 72.214 subject to meeting                     NESDIS FY 2016 schedule of fees for the                apply upon renewal of the subscription
                                              certain requirements in 10 CFR part 72.                 sale of its data, information, and related             agreement or at the earliest amendment
                                              Therefore, the changes in this revision                 products and services to users. NESDIS                 date provided by the agreement.
                                              are applicable only to the HI–STORM                     is authorized under the United States                     NESDIS will continue to review the
                                              FW MPC system, CoC No. 1032, and are                    Code to assess fees, up to fair market                 user fees periodically, and will revise
                                              not applicable to the HI–STORM UMAX                     value, for access to environmental data,               such fees as necessary. Any future
                                              system that is intended to be used at                   information, and products derived from,                changes in the user fees and their
                                              SONGS. Nothing in this revision                         collected, and/or archived by NOAA.                    effective date will be announced
                                              impacts anything associated with the                    This action corrects one user fee, titled              through notice in the Federal Register.
                                              HI–STORM UMAX system; therefore,                        the Department of Commerce                             Need for Correction
                                              this revision does not impact the                       Certification. In the October 22, 2015,
                                              thickness of the canisters in the HI–                   final rule, the fee was incorrectly listed               The October 2015 Fee Schedule Rule
                                              STORM UMAX system, or the                               as $16.00. The correct user fee should be              contains one fee—which appears in a
                                              placement of the UMAX system.                           $116.00.                                               table in Appendix A to Part 950—that
                                              Additionally, although this rule is a                                                                          was reported incorrectly. The
                                                                                                      DATES: Effective January 11, 2016.
                                              revision to the HI–STORM FW MPC                                                                                Department of Commerce Certification
                                                                                                      FOR FURTHER INFORMATION CONTACT:                       Fee was listed as $16.00. The last rule
                                              system, nothing in this revision impacts                James Lewis (301) 713–7073.
                                              the thickness of the canisters in the HI–                                                                      had the rate incorrectly listed. The
                                              STORM FW MPC system.                                    SUPPLEMENTARY INFORMATION:                             correct fee for this service is $116.00.
                                                                                                                                                             We now are setting out the entire table
                                                 For these reasons, the NRC staff has                 Background
                                                                                                                                                             with the corrected fee to provide clarity
                                              concluded that the comments received                      NESDIS operates NOAA’s National                      for the public.
                                              on the companion proposed rule for the                  Center for Environmental Information
                                              Holtec HI–STORM FW MPC Storage                          (NCEI). Through NCEI, NESDIS                           Classification
                                              System listing within the ‘‘List of                     provides and ensures timely access to                     The correction this action makes is
                                              approved spent fuel storage casks’’ to                  global environmental data from                         minor and merely updates a
                                              add Amendment No. 0, Revision 1, to                     satellites and other sources, provides                 typographical error within the original
                                              CoC No. 1032, are not significant                       information services, and develops                     final rule. This rule has been
                                              adverse comments as defined in                          science products. NESDIS maintains                     determined to be not significant for
                                              NUREG/BR–0053, Revision 6, ‘‘United                     some 1,300 databases containing over                   purposes of E.O. 12866.
                                              States Nuclear Regulatory Commission                    2,400 environmental variables at NCEI                     The provisions of the Administrative
                                              Regulations Handbook’’ (ADAMS                           and seven World Data Centers. These                    Procedure Act (5 U.S.C. 553) requiring
                                              Accession No. ML052720461).                             centers respond to over 2,000,000                      notice of proposed rulemaking and the
                                              Therefore, this rule will become                        requests for these data and products                   opportunity for public comment are
                                              effective as scheduled.                                 annually from over 70 countries. This                  inapplicable because this rule falls
                                                Dated at Rockville, Maryland, this 31st day           collection of environmental data and                   within the public property exception of
                                              of December 2015.                                       products is growing rapidly, both in size              subparagraph (a)(2) of section 553, as it
                                                                                                      and sophistication, and as a result the                relates only to the assessment of fees, as
                                                For the Nuclear Regulatory Commission.
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                                                                                                      associated costs have increased.                       authorized by 15 U.S.C. 1534, that
                                              Cindy Bladey,                                             Users have the ability to access the                 accurately reflect the costs of providing
                                              Chief, Rules, Announcements, and Directives             data offline, online and through the                   access to publicly available
                                              Branch, Division of Administrative Services,            NESDIS e-Commerce System (NeS)                         environmental data, information, and
                                              Office of Administration.                               online store. Our ability to provide data,             related products. Further, no other law
                                              [FR Doc. 2016–00163 Filed 1–8–16; 8:45 am]              information, products and services                     requires that a notice of proposed
                                              BILLING CODE 7590–01–P                                  depends on user fees.                                  rulemaking and an opportunity for


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Document Created: 2016-01-16 01:05:11
Document Modified: 2016-01-16 01:05:11
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; confirmation of effective date.
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 Citation81 FR 1116 
RIN Number3150-AJ62

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