81_FR_13314 81 FR 13265 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment No. 10

81 FR 13265 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment No. 10

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 49 (March 14, 2016)

Page Range13265-13271
FR Document2016-05711

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International (Holtec or applicant) HI-STORM 100 Cask System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 10 to Certificate of Compliance (CoC) No. 1014. Amendment No. 10 adds new fuel classes to the contents approved for the loading of 16x16-pin fuel assemblies into a HI-STORM 100 Cask System; allows a minor increase in manganese in an alloy material for the system's overpack and transfer cask; clarifies the minimum water displacement required of a dummy fuel rod (i.e., a rod not filled with uranium pellets); and clarifies the design pressures needed for normal operation of forced helium drying systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC No. 1014 to provide clearer direction on the measurement of air velocity and modeling of heat distribution through the storage system. Each of these changes is described in Section IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section of this document.

Federal Register, Volume 81 Issue 49 (Monday, March 14, 2016)
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Rules and Regulations]
[Pages 13265-13271]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05711]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0270]
RIN 3150-AJ71


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment 
No. 10

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International 
(Holtec or applicant) HI-STORM 100 Cask System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
10 to Certificate of Compliance (CoC) No. 1014. Amendment No. 10 adds 
new fuel classes to the contents approved for the loading of 16x16-pin 
fuel assemblies into a HI-STORM 100 Cask System; allows a minor 
increase in manganese in an alloy material for the system's overpack 
and transfer cask; clarifies the minimum water displacement required of 
a dummy fuel rod (i.e., a rod not filled with uranium pellets); and 
clarifies the design pressures needed for normal operation of forced 
helium drying systems. Additionally, Amendment No. 10 revises Condition

[[Page 13266]]

No. 9 of CoC No. 1014 to provide clearer direction on the measurement 
of air velocity and modeling of heat distribution through the storage 
system. Each of these changes is described in Section IV, ``Discussion 
of Changes,'' in the SUPPLEMENTARY INFORMATION section of this 
document.

DATES: The direct final rule is effective May 31, 2016, unless 
significant adverse comments are received by April 13, 2016. 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-2015-0270. 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: Robert D. MacDougall, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001; telephone: 301-415-5175; 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-2015-0270 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-2015-0270.
     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-2015-0270 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 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. 10 
to CoC No. 1014 and does not include other aspects of the Holtec HI-
STORM 100 Cask System design. The NRC is using the ``direct final rule 
procedure'' to issue this amendment because it represents a limited and 
routine change to an existing CoC that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on May 31, 2016. However, if the NRC receives significant 
adverse comments on this direct final rule by April 13, 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;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.

[[Page 13267]]

    (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 filing comments, please see the 
companion proposed rule published in the Proposed Rule section of this 
issue of the Federal Register.

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 ``[the 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 in 10 
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
May 1, 2000 (65 FR 25241) that approved the Holtec HI-STORM 100 Cask 
System design and added it to the list of NRC-approved cask designs in 
10 CFR 72.214 as CoC No. 1014.

IV. Discussion of Changes

    On January 5, 2015, Holtec submitted a request to the NRC to amend 
CoC No. 1014. Amendment No. 10 (1) adds new fuel classes to the 
contents approved for the loading of 16X16-pin fuel assemblies into a 
HI-STORM 100 Cask System; (2) allows a minor increase in manganese in 
an alloy material for the system's overpack and transfer cask; (3) 
clarifies the minimum water displacement required of a dummy fuel rod 
(i.e., a rod not filled with uranium pellets); and (4) clarifies the 
design pressures expected for normal operation of forced helium drying 
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC 
No. 1014 to provide clearer direction on the measurement of air 
velocity and modeling of heat distribution through the storage system. 
These changes are further discussed in this section, and the changes to 
the affected TS Appendices are identified with revision bars in the 
margin of each document.

1. Addition of New 16X16B and 16X16C Fuel Classes to the Contents 
Approved for Storage in a HI-STORM 100 Cask System

    The contents, enrichment, weight, and dimensions of the new 16X16 
fuel assembly classes are all bounded by previously approved 16X16 
classes. The NRC staff determined that the applicant's analysis of the 
adequacy of the HI-STORM 100 package's shielding for the new fuel 
classes supports the conclusion that this shielding evaluation is also 
bounded by the previously evaluated classes of 16X16 fuel. From its 
criticality evaluations in the safety evaluation report (SER), the NRC 
staff also determined that the calculated maximum neutron fluences of 
the 16X16B and 16X16C fuel classes are statistically similar to the 
already-approved 16X16A fuel class, and both are well bounded by the 
design basis fuel. The staff therefore has reasonable assurance that 
the new fuel classes are consistent with the appropriate standards for 
shielding, criticality, and other required safety analyses, and that 
the package design and contents satisfy the radiation protection and 
criticality safety requirements in 10 CFR 72.14, 72.124, 72.106, and 
72.236.

2. Addition to American Society of Mechanical Engineers (ASME) Boiler 
and Pressure Vessel Code Alternative Table To Allow a Newer Alloy 
Material

    In its request for this amendment, Holtec proposed an additional 
exemption to the ASME Boiler and Pressure Vessel Code Alternative Table 
to allow the use of more recent Code versions of material SA-516/516A 
Grade 70, an alloy like the one used in the overpack and transfer cask 
of the HI-STORM 100 Cask System. All SA-516 material used in the HI-
STORM 100 Cask System is required to meet the material composition 
described in ASME Boiler and Pressure Vessel Code Section II, 2007 
edition. This edition allows for a different manganese content from the 
1995 edition, but does not change the structural or thermal properties 
of the material. The applicant's request proposed no change in 
mechanical properties and no alteration in the form, fit, or function 
of these system components resulting from the minor change in 
composition of the alloy. The NRC staff therefore finds the requested 
exemption acceptable for the affected structures, systems, and 
components of CoC No. 1014.

3. Editorial Clarifications

3.a. Clarification of Minimum Displacement of Dummy Fuel Rods
    When reactor operators become aware of a damaged or malfunctioning 
fuel pin in a fuel assembly, they may remove the assembly from the 
reactor core, replace the problem pin with a dummy fuel rod containing 
no uranium, and return the assembly to the reactor core to recover the 
assembly's remaining energy value. An assembly with a dummy rod may or 
may not be considered ``intact'' for handling purposes when it is 
finally removed from the reactor core. In Appendix A of the TSs, the 
definition of ``Intact Fuel Assemblies'' now clarifies the description 
of ``dummy fuel rod'' to specify that it must displace at least the 
same amount of water as would a fuel rod in the active fuel region of 
the assembly, because criticality safety analyses are based on 
displacement of water in that location. Specifically, the definition 
states that ``[f]uel assemblies without fuel rods in fuel rod locations 
shall not be classified as INTACT FUEL ASSEMBLIES unless dummy fuel 
rods are used to displace an amount of water greater than or equal to 
that displaced by the fuel rod(s) in the active region [of the fuel 
assembly].'' Intact fuel assemblies are by definition those that can be 
handled by normal means. In effect, this clarification of the minimum 
volume of a dummy rod provides that a fuel assembly with any such rods 
may not be handled by normal means unless these rods displace an equal 
or greater volume of water than rods containing fuel in the region of 
the assembly where there is nuclear material. The greater volume of 
fresh (unborated) water displaced by the dummy rod results in 
correspondingly less water available to moderate neutrons to a speed 
that could sustain a nuclear reaction, and consequently, the greater 
displacement will reduce reactivity in an accident involving flooding 
with fresh water.

[[Page 13268]]

3.b. Clarification of Helium Pressure Limits for Drying and Backfilling 
of Multi-Purpose Canisters (MPCs) in Underground Installations
    As indicated in Table 3-1 of Appendix A-100U for HI-STORM 100 Cask 
Systems intended for deployment in underground spent fuel storage 
installations, use of a closed-loop forced helium dehydration (FHD) 
system is an alternative to vacuum drying for an MPC containing 
moderate burnup fuel, and FHD is mandatory for drying MPCs with one or 
more high burnup fuel assemblies or a higher heat load. Section 3.6.2.2 
of Appendix B-100U for HI-STORM Cask Systems was revised to clarify 
that the design pressure limit for normal operation of the FHD system 
is for drying only and not for backfilling the MPC with helium at lower 
pressures for long-term storage.

4. Revised Condition No. 9 of CoC No. 1014

    The NRC staff revised Condition No. 9, ``Special Requirements for 
First Systems in Place,'' to provide a more appropriate location to 
perform air velocity measurements to gauge the cooling effect of air 
convection in the dry cask storage system. The previous language in the 
CoC required the measurements at the annular gap between the canister 
and the overpack. This location is difficult to access, and the 
measured data proved to be unreliable because air velocities can vary 
chaotically, especially at a location close to the top of the canister. 
The revised Condition No. 9 directs the user to make the measurements 
at the inlet vents, where the user can obtain the total mass flow rate 
of the air and perform a meaningful comparison with predicted results.
    The NRC staff also revised Condition No. 9 to specify that 
measurements of the Supplemental Cooling System be used to validate the 
analytical methods described in the applicant's final safety analysis 
report (FSAR) for the cask. The cask user will therefore need to 
develop a thermal model of this cask using the analytical methods 
described in the FSAR. This will avoid unnecessary approximations in 
the thermal model that could add uncertainty in the predicted results. 
The revised language more precisely specifies the parameters to be 
measured and the analysis necessary to satisfy the Condition.

5. Conclusions

    As documented in the SER for Amendment No. 10, the NRC staff 
performed a detailed safety evaluation of the proposed CoC amendment 
request. There are no significant changes to cask design requirements 
in the proposed CoC amendment. Considering the specific design 
requirements for each accident condition, the design of the cask would 
prevent loss of containment, shielding, and criticality control. If 
there is no loss of containment, shielding, or criticality control, the 
environmental impacts would be insignificant. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting changes in occupational exposure or offsite 
dose from the implementation of Amendment No. 10 would remain well 
within 10 CFR part 20 limits.
    Therefore, based on these findings of the SER and those of the 
environmental assessment below, the NRC staff concludes that the 
proposed CoC changes will not result in any radiological or non-
radiological environmental impacts that differ significantly from the 
environmental impacts evaluated in the environmental assessment (EA) 
supporting the May 1, 2000, final rule approving CoC No. 1014. There 
will be no significant change in the types or amounts of any effluent 
released, no significant increase in individual or cumulative radiation 
exposures, and no significant increase in the potential for or 
consequences of radiological accidents.
    This direct final rule revises the Holtec HI-STORM 100 Cask System 
listing in 10 CFR 72.214 by adding Amendment No. 10 to CoC No. 1014. 
The amendment consists of the changes previously described, as set 
forth in the revised CoC and TSs. The revised TSs are identified in the 
SER.
    The amended Holtec HI-STORM 100 Cask System design, when used under 
the conditions specified in the CoC, the TSs, and the NRC's 
regulations, will meet the requirements of 10 CFR part 72; therefore, 
adequate protection of public health and safety will continue to be 
ensured. When this direct final rule becomes effective, persons who 
hold a general license under 10 CFR 72.210 may load spent nuclear fuel 
into HI-STORM 100 Cask Systems that meet the criteria of Amendment No. 
10 to CoC No. 1014 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 
developed or adopted by voluntary consensus standards bodies unless the 
use of any such standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the Holtec HI-STORM 100 Cask System design listed in 10 CFR 72.214, 
``List of approved spent fuel storage casks.'' This action does not 
constitute the establishment of a standard that contains generally 
applicable requirements.

VI. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this 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, and a 
Category ``NRC'' does not confer regulatory authority on the State, the 
State may wish to inform its licensees of certain requirements by means 
consistent with the particular State's administrative procedure laws.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
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 
100 Cask System listing within the ``List of approved spent fuel 
storage casks'' to include Amendment No. 10 to CoC No. 1014. Under the 
National Environmental Policy Act of 1969, as amended (NEPA), 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 
(EIS) is not required. The NRC has made a finding of no significant 
impact on the basis of this EA.

[[Page 13269]]

B. The Need for the Action

    This direct final rule is needed to allow users of HI-STORM 100 
Cask Systems under Amendment No. 10 to load for dry storage under a 
general license additional classes of fuel assemblies that would 
otherwise have to remain in spent fuel storage pools. This direct final 
rule amends the CoC for the Holtec HI-STORM 100 Cask 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. 10 (1) adds new fuel classes to the 
contents approved for the loading of 16X16-pin fuel assemblies into a 
HI-STORM 100 Cask System; (2) allows a minor increase in manganese in 
an alloy material for the system's overpack and transfer cask; (3) 
clarifies the minimum water displacement required of a dummy fuel rod 
(i.e., a rod not filled with uranium pellets); and (4) clarifies the 
design pressures expected for normal operation of forced helium drying 
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC 
No. 1014 to provide clearer direction on the measurement of air 
velocity and modeling of heat distribution through the storage system.

C. Environmental Impacts of the Action

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was initially 
analyzed in the EA for the 1990 final rule. The EA for Amendment No. 10 
tiers off of the EA for the July 18, 1990, final rule. Tiering on past 
EAs is a standard process under NEPA by which impact analyses in a 
previous EA can be cited by a subsequent EA as bounding the expected 
impacts of a new proposed action within the scope of the previous EA.
    The Holtec HI-STORM 100 Cask System is designed to mitigate the 
effects of design basis accidents that could occur during storage. 
Design basis accidents account for human-induced events and the most 
severe natural phenomena reported for the site and surrounding area. 
Postulated accidents analyzed for an Independent Spent Fuel Storage 
Installation, the type of facility at which a holder of a power reactor 
operating license would store spent fuel in casks in accordance with 10 
CFR part 72, 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 cask would prevent loss of confinement, 
shielding, and criticality control. If there is no loss of confinement, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This proposed CoC amendment does not reflect a 
significant change in cask design or fabrication requirements. Because 
there are no significant design or production process changes, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 10 would remain well within all 
applicable 10 CFR part 20 limits. Therefore, the proposed CoC changes 
will not result in any radiological or non-radiological environmental 
impacts that significantly differ from the environmental impacts 
evaluated in the EA supporting the July 18, 1990, final rule. There 
will be no significant change in the types or amounts of any effluent 
released, no significant increase in individual or cumulative radiation 
exposures, and no significant increase in the potential for or 
consequences of radiological accidents. The NRC staff documented these 
safety findings in the SER.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
10 and withdraw the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the Holtec 
HI-STORM 100 Cask System in accordance with the changes described in 
proposed Amendment No. 10 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, each separate exemption request, thereby increasing the 
administrative burden upon the NRC and the costs to each licensee. The 
environmental impacts of this alternative would therefore be the same 
as or greater than the preferred action.

E. Alternative Use of Resources

    Approval of Amendment No. 10 to CoC No. 1014 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 EA.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51. Based on the foregoing EA, the NRC 
concludes that this direct final rule entitled, ``List of Approved 
Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask 
System; Certificate of Compliance No. 1014, Amendment No. 10,'' will 
not have a significant effect on the human environment. Therefore, the 
NRC has determined that an EIS for this direct final rule is not 
necessary.

IX. Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements, 
and is therefore 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 May 1, 2000 (65 FR 25241), 
the NRC issued an amendment to 10 CFR part 72 that approved the Holtec 
HI-STORM 100 Cask System design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214.

[[Page 13270]]

    On January 5, 2015, Holtec submitted an application to amend the 
HI-STORM 100 Cask System CoC as described in Section IV, ``Discussion 
of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 10 and require any 10 CFR part 72 general licensee seeking to load 
spent nuclear fuel into the Holtec HI-STORM 100 Cask System under the 
changes described in Amendment No. 10 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 the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the EA, 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 on or benefit to 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. 1014 for the 
Holtec HI-STORM 100 Cask System, as currently listed in 10 CFR 72.214, 
``List of approved spent fuel storage casks.'' The revision consists of 
Amendment No. 10, which (1) adds new fuel classes to the contents 
approved for the loading of 16X16-pin fuel assemblies into a HI-STORM 
100 Cask System; (2) allows a minor increase in manganese in an alloy 
material for the system's overpack and transfer cask; (3) clarifies the 
minimum water displacement required of a dummy fuel rod (i.e., a rod 
not filled with uranium pellets); and (4) clarifies the design 
pressures expected for normal operation of forced helium drying 
systems. Additionally, Amendment No. 10 revises Condition No. 9 of CoC 
No. 1014 to provide clearer direction on the measurement of air 
velocity and modeling of heat distribution through the storage system.
    Amendment No. 10 to CoC No. 1014 for the Holtec HI-STORM 100 Cask 
System was initiated by Holtec, and was not submitted in response to 
new NRC requirements or an NRC request for amendment. Amendment No. 10 
applies only to new casks fabricated and used under Amendment No. 10. 
These changes do not affect existing users of the Holtec HI-STORM 100 
Cask System; the current Amendment No. 9 and earlier amendments 
continue to be effective for existing users. While current CoC users 
may comply with the new requirements in Amendment No. 10, this would be 
a voluntary decision on the part of current users. For these reasons, 
Amendment No. 10 to CoC No. 1014 does not constitute backfitting under 
10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an 
inconsistency with the issue finality provisions applicable to combined 
licenses in 10 CFR part 52. Accordingly, no backfit analysis or 
additional documentation addressing the issue finality criteria in 10 
CFR part 52 has been prepared by the NRC staff.

XIII. Congressional Review Act

    The Office of Management and Budget has not found this to be a 
major rule as defined in the Congressional Review Act.

XIV. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

------------------------------------------------------------------------
                 Document                       ADAMS Accession  No.
------------------------------------------------------------------------
Holtec International HI-STORM 100 Cask      ML15007A435.
 System--License Amendment Request (1014-
 10).
Proposed CoC No. 1014, Amendment No. 10...  ML15331A307.
Appendix A for Proposed CoC No. 1014,       ML15331A310.
 Amendment No. 10.
Appendix B for Proposed CoC No. 1014,       ML15331A311.
 Amendment No. 10.
Appendix A--100U for Proposed CoC No.       ML15331A312.
 1014, Amendment No. 10.
Appendix B--100U for Proposed CoC No.       ML15331A313.
 1014, Amendment No. 10.
Preliminary SER for Proposed CoC No. 1014,  ML15331A309.
 Amendment No. 10.
------------------------------------------------------------------------

    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-2015-0270. 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-2015-0270); (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,

[[Page 13271]]

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 1014 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    Initial Certificate Effective Date: May 31, 2000.
    Amendment Number 1 Effective Date: July 15, 2002.
    Amendment Number 2 Effective Date: June 7, 2005.
    Amendment Number 3 Effective Date: May 29, 2007.
    Amendment Number 4 Effective Date: January 8, 2008.
    Amendment Number 5 Effective Date: July 14, 2008.
    Amendment Number 6 Effective Date: August 17, 2009.
    Amendment Number 7 Effective Date: December 28, 2009.
    Amendment Number 8 Effective Date: May 2, 2012, as corrected on 
November 16, 2012 (ADAMS Accession No. ML12213A170).
    Amendment Number 9 Effective Date: March 11, 2014.
    Amendment Number 10 Effective Date: May 31, 2016.
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
System.
    Docket Number: 72-1014.
    Certificate Expiration Date: May 31, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 2nd day of March, 2016.

    For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director of Operations.
[FR Doc. 2016-05711 Filed 3-11-16; 8:45 am]
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                                                                   Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                                13265

                                                Subpart A—General Provisions:                           of a category 1 quantity of radioactive               public meetings at http://www.nrc.gov/
                                                   1. Are the definitions (in 10 CFR 37.5,              material is lost or missing?                          public-involve/public-meetings/
                                                ‘‘Definitions’’) clear, unambiguous, and                                                                      index.cfm. The NRC will post the
                                                                                                        Implementation Guidance Documents:
                                                consistent with their usage in other                                                                          notices for the public meetings and may
                                                                                                          Please specify the sections of                      post additional material related to this
                                                parts of the regulations?
                                                   2. Is the rule clear as to when a                    NUREG–2155 and NUREG–2166 in your                     action to the Federal rulemaking Web
                                                licensee can use physical barriers to                   responses to the extent practicable.                  site at www.regulations.gov under
                                                                                                          11. How have you utilized NUREG–                    Docket ID NRC–2015–0109. The Federal
                                                render aggregated sources below the
                                                                                                        2155 to implement the 10 CFR part 37                  rulemaking Web site allows you to
                                                category 2 aggregated quantity?
                                                                                                        regulatory requirements in order to                   receive alerts when changes or additions
                                                Subpart B—Background Investigations                     protect your licensed category 1 and                  occur in a docket folder. To subscribe:
                                                and Access Control Program:                             category 2 quantities of radioactive                  (1) Navigate to the docket folder (NRC–
                                                  3. Are the requirements of subpart B                  material? If utilized, are there certain              2015–0109); (2) click the ‘‘Sign up for
                                                clear for use in determining individuals                areas of NUREG–2155 that you have                     Email Alerts’’ link; and (3) enter your
                                                to be trustworthy and reliable?                         found to be particularly useful? Are                  email address and select how frequently
                                                  4. While the regulations provide the                  there areas of NUREG–2155 that you                    you would like to receive emails (daily,
                                                type of information that must be                        think could be clarified or                           weekly, or monthly).
                                                gathered before making a                                supplemented to make it a more useful
                                                                                                                                                                Dated at Rockville, Maryland, this 1st day
                                                Trustworthiness and Reliability (T&R)                   tool?
                                                                                                                                                              of March, 2016.
                                                determination, NUREG–2155 provides                        12. How have you utilized NUREG–
                                                                                                        2166 to implement the 10 CFR part 37                    For the Nuclear Regulatory Commission.
                                                additional guidance on determining
                                                                                                        regulatory requirements in order to                   Daniel S. Collins,
                                                whether someone is T&R. Is the
                                                                                                        protect your licensed category 1 and                  Director, Division of Material Safety, State,
                                                information in Annex A to NUREG–
                                                                                                        category 2 quantities of radioactive                  Tribal and Rulemaking Programs, Office of
                                                2155 adequate in helping a Reviewing                                                                          Nuclear Material Safety and Safeguards.
                                                Official make a T&R determination?                      material? If utilized, are there certain
                                                                                                        areas of NUREG–2166 that you have                     [FR Doc. 2016–05260 Filed 3–11–16; 8:45 am]
                                                Subpart C—Physical Protection                           found to be particularly useful?                      BILLING CODE 7590–01–P
                                                Requirements During Use:                                  Are there areas of NUREG–2166 that
                                                   5. Do the requirements of subpart C                  you think could be clarified or
                                                clearly define what is needed to support                supplemented to make it a more useful                 NUCLEAR REGULATORY
                                                the physical protection of licensed                     tool?                                                 COMMISSION
                                                category 1 and category 2 quantities of                 IV. Public Comments Process                           10 CFR Part 72
                                                radioactive material during use?
                                                   6. Which requirements in 10 CFR                        The NRC is committed to keeping the                 [NRC–2015–0270]
                                                37.45, ‘‘LLEA [local law enforcement                    public informed and values public
                                                                                                        involvement in its assessment effort.                 RIN 3150–AJ71
                                                agency] coordination,’’ have you found
                                                to be instrumental in ensuring an                       Responses to this solicitation will be                List of Approved Spent Fuel Storage
                                                adequate LLEA response, should an                       considered by NRC in preparing a report               Casks: Holtec International HI–STORM
                                                LLEA response be needed? Is there other                 to the Committees on Appropriations of                100 Cask System; Certificate of
                                                information you think should be                         the House of Representatives and the                  Compliance No. 1014, Amendment No.
                                                required to be shared with an LLEA?                     Senate, pursuant to Public Law 113–                   10
                                                   7. Isolation of category 1 and category              235, Section 403. The NRC, however,
                                                2 quantities of radioactive material by                 does not intend to provide specific                   AGENCY: Nuclear Regulatory
                                                the use of continuous physical barriers                 responses to comments or other                        Commission.
                                                that allow access to the security zone                  information submitted in response to                  ACTION: Direct final rule.
                                                only through established access control                 this request.
                                                points is required in 10 CFR 37.37,                                                                           SUMMARY:    The U.S. Nuclear Regulatory
                                                                                                        V. Public Meetings                                    Commission (NRC) is amending its
                                                ‘‘Security zones.’’ Is the rule clear as to
                                                what qualifies as an adequate physical                     The NRC plans to hold a series of                  spent fuel storage regulations by
                                                barrier?                                                licensee-specific webinars, and one in-               revising the Holtec International (Holtec
                                                   8. Do the requirements in 10 CFR                     person meeting, during the public                     or applicant) HI–STORM 100 Cask
                                                37.57, ‘‘Reporting of events,’’ clearly                 comment period for this action. The                   System listing within the ‘‘List of
                                                define a licensee’s responsibility to                   public meetings will provide forums for               approved spent fuel storage casks’’ to
                                                notify the LLEA and the NRC’s                           the NRC staff to discuss the issues and               include Amendment No. 10 to
                                                Operations Center?                                      questions with members of the public.                 Certificate of Compliance (CoC) No.
                                                                                                        The information received will be used                 1014. Amendment No. 10 adds new fuel
                                                Subpart D—Physical Protection in                        by NRC to develop a report to the                     classes to the contents approved for the
                                                Transit:                                                Committees on Appropriations of the                   loading of 16×16-pin fuel assemblies
                                                  9. Do the requirements of subpart D                   House of Representatives and the                      into a HI–STORM 100 Cask System;
                                                clearly define what is needed to support                Senate. The NRC does not intend to                    allows a minor increase in manganese in
                                                the physical protection of licensed                     provide detailed responses to                         an alloy material for the system’s
                                                category 1 and category 2 quantities of                 information or other comments                         overpack and transfer cask; clarifies the
jstallworth on DSK7TPTVN1PROD with RULES




                                                radioactive material in transit?                        submitted during the public meetings.                 minimum water displacement required
                                                  10. Are the requirements in 10 CFR                    Each public meeting will be noticed on                of a dummy fuel rod (i.e., a rod not
                                                37.81, ‘‘Reporting of events,’’ clear in                the NRC’s public meeting Web site at                  filled with uranium pellets); and
                                                defining the licensee’s responsibility to               least 10 calendar days before the                     clarifies the design pressures needed for
                                                notify LLEA and the NRC’s Operations                    meeting. Members of the public should                 normal operation of forced helium
                                                Center within 1 hour when a                             monitor the NRC’s public meeting Web                  drying systems. Additionally,
                                                determination is made that a shipment                   site for additional information about the             Amendment No. 10 revises Condition


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                                                13266              Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations

                                                No. 9 of CoC No. 1014 to provide clearer                Washington DC 20555–0001; telephone:                  comment submissions into ADAMS.
                                                direction on the measurement of air                     301–415–5175; email:                                  The NRC does not routinely edit
                                                velocity and modeling of heat                           Robert.MacDougall@nrc.gov.                            comment submissions to remove
                                                distribution through the storage system.                SUPPLEMENTARY INFORMATION:                            identifying or contact information.
                                                Each of these changes is described in                                                                           If you are requesting or aggregating
                                                Section IV, ‘‘Discussion of Changes,’’ in               Table of Contents                                     comments from other persons for
                                                the SUPPLEMENTARY INFORMATION section                   I. Obtaining Information and Submitting               submission to the NRC, then you should
                                                of this document.                                             Comments                                        inform those persons not to include
                                                DATES: The direct final rule is effective               II. Procedural Background                             identifying or contact information that
                                                May 31, 2016, unless significant adverse                III. Background                                       they do not want to be publicly
                                                                                                        IV. Discussion of Changes                             disclosed in their comment submission.
                                                comments are received by April 13,
                                                                                                        V. Voluntary Consensus Standards                      Your request should state that the NRC
                                                2016. If the direct final rule is                       VI. Agreement State Compatibility
                                                withdrawn as a result of such                                                                                 does not routinely edit comment
                                                                                                        VII. Plain Writing
                                                comments, timely notice of the                                                                                submissions to remove such information
                                                                                                        VIII. Environmental Assessment and Finding
                                                withdrawal will be published in the                           of No Significant Environmental Impact          before making the comment
                                                Federal Register. Comments received                     IX. Paperwork Reduction Act Statement                 submissions available to the public or
                                                after this date will be considered if it is             X. Regulatory Flexibility Certification               entering the comment into ADAMS.
                                                practical to do so, but the Commission                  XI. Regulatory Analysis                               II. Procedural Background
                                                is able to ensure consideration only for                XII. Backfitting and Issue Finality
                                                                                                        XIII. Congressional Review Act                           This rule is limited to the changes
                                                comments received on or before this
                                                                                                        XIV. Availability of Documents                        contained in Amendment No. 10 to CoC
                                                date. Comments received on this direct
                                                                                                                                                              No. 1014 and does not include other
                                                final rule will also be considered to be                I. Obtaining Information and                          aspects of the Holtec HI–STORM 100
                                                comments on a companion proposed                        Submitting Comments                                   Cask System design. The NRC is using
                                                rule published in the Proposed Rules
                                                                                                        A. Obtaining Information                              the ‘‘direct final rule procedure’’ to
                                                section of this issue of the Federal
                                                                                                                                                              issue this amendment because it
                                                Register.                                                  Please refer to Docket ID NRC–2015–                represents a limited and routine change
                                                ADDRESSES: You may submit comments                      0270 when contacting the NRC about                    to an existing CoC that is expected to be
                                                by any of the following methods (unless                 the availability of information for this              noncontroversial. Adequate protection
                                                this document describes a different                     action. You may obtain publicly-                      of public health and safety continues to
                                                method for submitting comments on a                     available information related to this                 be ensured. The amendment to the rule
                                                specific subject):                                      action by any of the following methods:               will become effective on May 31, 2016.
                                                   • Federal Rulemaking Web site: Go to                    • Federal Rulemaking Web site: Go to               However, if the NRC receives significant
                                                http://www.regulations.gov and search                   http://www.regulations.gov and search                 adverse comments on this direct final
                                                for Docket ID NRC–2015–0270. Address                    for Docket ID NRC–2015–0270.                          rule by April 13, 2016, then the NRC
                                                questions about NRC dockets to Carol                       • NRC’s Agencywide Documents                       will publish a document that withdraws
                                                Gallagher; telephone: 301–415–3463;                     Access and Management System                          this action and will subsequently
                                                email: Carol.Gallagher@nrc.gov. For                     (ADAMS): You may obtain publicly-                     address the comments received in a
                                                technical questions contact the                         available documents online in the                     final rule as a response to the
                                                individual listed in the FOR FURTHER                    ADAMS Public Documents collection at                  companion proposed rule published in
                                                INFORMATION CONTACT section of this                     http://www.nrc.gov/reading-rm/                        the Proposed Rule section of this issue
                                                document.                                               adams.html. To begin the search, select               of the Federal Register. Absent
                                                   • Email comments to:                                 ‘‘ADAMS Public Documents’’ and then                   significant modifications to the
                                                Rulemaking.Comments@nrc.gov. If you                     select ‘‘Begin Web-based ADAMS                        proposed revisions requiring
                                                do not receive an automatic email reply                 Search.’’ For problems with ADAMS,                    republication, the NRC will not initiate
                                                confirming receipt, then contact us at                  please contact the NRC’s Public                       a second comment period on this action.
                                                301–415–1677.                                           Document Room (PDR) reference staff at                   A significant adverse comment is a
                                                   • Fax comments to: Secretary, U.S.                   1–800–397–4209, 301–415–4737, or by                   comment where the commenter
                                                Nuclear Regulatory Commission at 301–                   email to pdr.resource@nrc.gov. For the                explains why the rule would be
                                                415–1101.                                               convenience of the reader, instructions               inappropriate, including challenges to
                                                   • Mail comments to: Secretary, U.S.                  about obtaining materials referenced in               the rule’s underlying premise or
                                                Nuclear Regulatory Commission,                          this document are provided in the                     approach, or would be ineffective or
                                                Washington, DC 20555–0001, ATTN:                        ‘‘Availability of Documents’’ section.                unacceptable without a change. A
                                                Rulemakings and Adjudications Staff.                       • NRC’s PDR: You may examine and                   comment is adverse and significant if:
                                                   • Hand deliver comments to: 11555                    purchase copies of public documents at                   (1) The comment opposes the rule and
                                                Rockville Pike, Rockville, Maryland                     the NRC’s PDR, Room O1–F21, One                       provides a reason sufficient to require a
                                                20852, between 7:30 a.m. and 4:15 p.m.                  White Flint North, 11555 Rockville                    substantive response in a notice-and-
                                                (Eastern Time) Federal workdays;                        Pike, Rockville, Maryland 20852.                      comment process. For example, a
                                                telephone: 301–415–1677.                                                                                      substantive response is required when:
                                                   For additional direction on obtaining                B. Submitting Comments
                                                                                                                                                                 (a) The comment causes the NRC staff
                                                information and submitting comments,                      Please include Docket ID NRC–2015–                  to reevaluate (or reconsider) its position
                                                see ‘‘Obtaining Information and                         0270 in your comment submission.                      or conduct additional analysis;
jstallworth on DSK7TPTVN1PROD with RULES




                                                Submitting Comments’’ in the                              The NRC cautions you not to include                    (b) The comment raises an issue
                                                SUPPLEMENTARY INFORMATION section of                    identifying or contact information that               serious enough to warrant a substantive
                                                this document.                                          you do not want to be publicly                        response to clarify or complete the
                                                FOR FURTHER INFORMATION CONTACT:                        disclosed in your comment submission.                 record; or
                                                Robert D. MacDougall, Office of Nuclear                 The NRC will post all comment                            (c) The comment raises a relevant
                                                Material Safety and Safeguards, U.S.                    submissions at http://                                issue that was not previously addressed
                                                Nuclear Regulatory Commission,                          www.regulations.gov as well as enter the              or considered by the NRC staff.


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                                                                   Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                           13267

                                                  (2) The comment proposes a change                     System; (2) allows a minor increase in                ASME Boiler and Pressure Vessel Code
                                                or an addition to the rule, and it is                   manganese in an alloy material for the                Section II, 2007 edition. This edition
                                                apparent that the rule would be                         system’s overpack and transfer cask; (3)              allows for a different manganese content
                                                ineffective or unacceptable without                     clarifies the minimum water                           from the 1995 edition, but does not
                                                incorporation of the change or addition.                displacement required of a dummy fuel                 change the structural or thermal
                                                  (3) The comment causes the NRC staff                  rod (i.e., a rod not filled with uranium              properties of the material. The
                                                to make a change (other than editorial)                 pellets); and (4) clarifies the design                applicant’s request proposed no change
                                                to the rule, CoC, or technical                          pressures expected for normal operation               in mechanical properties and no
                                                specifications (TSs).                                   of forced helium drying systems.                      alteration in the form, fit, or function of
                                                  For detailed instructions on filing                   Additionally, Amendment No. 10                        these system components resulting from
                                                comments, please see the companion                      revises Condition No. 9 of CoC No. 1014               the minor change in composition of the
                                                proposed rule published in the                          to provide clearer direction on the
                                                Proposed Rule section of this issue of                                                                        alloy. The NRC staff therefore finds the
                                                                                                        measurement of air velocity and
                                                the Federal Register.                                                                                         requested exemption acceptable for the
                                                                                                        modeling of heat distribution through
                                                                                                                                                              affected structures, systems, and
                                                III. Background                                         the storage system. These changes are
                                                                                                                                                              components of CoC No. 1014.
                                                                                                        further discussed in this section, and
                                                   Section 218(a) of the Nuclear Waste                  the changes to the affected TS                        3. Editorial Clarifications
                                                Policy Act (NWPA) of 1982, as                           Appendices are identified with revision
                                                amended, requires that ‘‘the Secretary                  bars in the margin of each document.                  3.a. Clarification of Minimum
                                                [of the Department of Energy] shall                                                                           Displacement of Dummy Fuel Rods
                                                establish a demonstration program, in                   1. Addition of New 16X16B and 16X16C
                                                cooperation with the private sector, for                Fuel Classes to the Contents Approved                    When reactor operators become aware
                                                the dry storage of spent nuclear fuel at                for Storage in a HI–STORM 100 Cask                    of a damaged or malfunctioning fuel pin
                                                civilian nuclear power reactor sites,                   System                                                in a fuel assembly, they may remove the
                                                with the objective of establishing one or                  The contents, enrichment, weight,                  assembly from the reactor core, replace
                                                more technologies that the [Nuclear                     and dimensions of the new 16X16 fuel                  the problem pin with a dummy fuel rod
                                                Regulatory] Commission may, by rule,                    assembly classes are all bounded by                   containing no uranium, and return the
                                                approve for use at the sites of civilian                previously approved 16X16 classes. The                assembly to the reactor core to recover
                                                nuclear power reactors without, to the                  NRC staff determined that the                         the assembly’s remaining energy value.
                                                maximum extent practicable, the need                    applicant’s analysis of the adequacy of               An assembly with a dummy rod may or
                                                for additional site-specific approvals by               the HI–STORM 100 package’s shielding                  may not be considered ‘‘intact’’ for
                                                the Commission.’’ Section 133 of the                    for the new fuel classes supports the                 handling purposes when it is finally
                                                NWPA states, in part, that ‘‘[the                       conclusion that this shielding                        removed from the reactor core. In
                                                Commission] shall, by rule, establish                   evaluation is also bounded by the                     Appendix A of the TSs, the definition
                                                procedures for the licensing of any                     previously evaluated classes of 16X16                 of ‘‘Intact Fuel Assemblies’’ now
                                                technology approved by the                              fuel. From its criticality evaluations in             clarifies the description of ‘‘dummy fuel
                                                Commission under Section 219(a) [sic:                   the safety evaluation report (SER), the               rod’’ to specify that it must displace at
                                                218(a)] for use at the site of any civilian             NRC staff also determined that the                    least the same amount of water as would
                                                nuclear power reactor.’’                                calculated maximum neutron fluences                   a fuel rod in the active fuel region of the
                                                   To implement this mandate, the                       of the 16X16B and 16X16C fuel classes                 assembly, because criticality safety
                                                Commission approved dry storage of                      are statistically similar to the already-             analyses are based on displacement of
                                                spent nuclear fuel in NRC-approved                      approved 16X16A fuel class, and both                  water in that location. Specifically, the
                                                casks under a general license by                        are well bounded by the design basis                  definition states that ‘‘[f]uel assemblies
                                                publishing a final rule which added a                   fuel. The staff therefore has reasonable              without fuel rods in fuel rod locations
                                                new subpart K in part 72 of title 10 of                 assurance that the new fuel classes are               shall not be classified as INTACT FUEL
                                                the Code of Federal Regulations (10                     consistent with the appropriate                       ASSEMBLIES unless dummy fuel rods
                                                CFR) entitled, ‘‘General License for                    standards for shielding, criticality, and             are used to displace an amount of water
                                                Storage of Spent Fuel at Power Reactor                  other required safety analyses, and that              greater than or equal to that displaced
                                                Sites’’ (55 FR 29181; July 18, 1990). This              the package design and contents satisfy               by the fuel rod(s) in the active region [of
                                                rule also established a new subpart L in                the radiation protection and criticality              the fuel assembly].’’ Intact fuel
                                                10 CFR part 72 entitled, ‘‘Approval of                  safety requirements in 10 CFR 72.14,                  assemblies are by definition those that
                                                Spent Fuel Storage Casks,’’ which                       72.124, 72.106, and 72.236.
                                                                                                                                                              can be handled by normal means. In
                                                contains procedures and criteria for
                                                                                                        2. Addition to American Society of                    effect, this clarification of the minimum
                                                obtaining NRC approval of spent fuel
                                                                                                        Mechanical Engineers (ASME) Boiler                    volume of a dummy rod provides that
                                                storage cask designs. The NRC
                                                                                                        and Pressure Vessel Code Alternative                  a fuel assembly with any such rods may
                                                subsequently issued a final rule on May
                                                                                                        Table To Allow a Newer Alloy Material                 not be handled by normal means unless
                                                1, 2000 (65 FR 25241) that approved the
                                                Holtec HI–STORM 100 Cask System                            In its request for this amendment,                 these rods displace an equal or greater
                                                design and added it to the list of NRC-                 Holtec proposed an additional                         volume of water than rods containing
                                                approved cask designs in 10 CFR 72.214                  exemption to the ASME Boiler and                      fuel in the region of the assembly where
                                                as CoC No. 1014.                                        Pressure Vessel Code Alternative Table                there is nuclear material. The greater
                                                                                                        to allow the use of more recent Code                  volume of fresh (unborated) water
jstallworth on DSK7TPTVN1PROD with RULES




                                                IV. Discussion of Changes                               versions of material SA–516/516A                      displaced by the dummy rod results in
                                                   On January 5, 2015, Holtec submitted                 Grade 70, an alloy like the one used in               correspondingly less water available to
                                                a request to the NRC to amend CoC No.                   the overpack and transfer cask of the                 moderate neutrons to a speed that could
                                                1014. Amendment No. 10 (1) adds new                     HI–STORM 100 Cask System. All SA–                     sustain a nuclear reaction, and
                                                fuel classes to the contents approved for               516 material used in the HI–STORM 100                 consequently, the greater displacement
                                                the loading of 16X16-pin fuel                           Cask System is required to meet the                   will reduce reactivity in an accident
                                                assemblies into a HI–STORM 100 Cask                     material composition described in                     involving flooding with fresh water.


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                                                13268              Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations

                                                3.b. Clarification of Helium Pressure                   request. There are no significant                     revise the Holtec HI–STORM 100 Cask
                                                Limits for Drying and Backfilling of                    changes to cask design requirements in                System design listed in 10 CFR 72.214,
                                                Multi-Purpose Canisters (MPCs) in                       the proposed CoC amendment.                           ‘‘List of approved spent fuel storage
                                                Underground Installations                               Considering the specific design                       casks.’’ This action does not constitute
                                                   As indicated in Table 3–1 of                         requirements for each accident                        the establishment of a standard that
                                                                                                        condition, the design of the cask would               contains generally applicable
                                                Appendix A–100U for HI–STORM 100
                                                                                                        prevent loss of containment, shielding,               requirements.
                                                Cask Systems intended for deployment
                                                                                                        and criticality control. If there is no loss
                                                in underground spent fuel storage                                                                             VI. Agreement State Compatibility
                                                                                                        of containment, shielding, or criticality
                                                installations, use of a closed-loop forced
                                                                                                        control, the environmental impacts                       Under the ‘‘Policy Statement on
                                                helium dehydration (FHD) system is an
                                                                                                        would be insignificant. This amendment                Adequacy and Compatibility of
                                                alternative to vacuum drying for an
                                                                                                        does not reflect a significant change in              Agreement State Programs’’ approved by
                                                MPC containing moderate burnup fuel,
                                                                                                        design or fabrication of the cask. In                 the Commission on June 30, 1997, and
                                                and FHD is mandatory for drying MPCs
                                                                                                        addition, any resulting changes in                    published in the Federal Register on
                                                with one or more high burnup fuel
                                                                                                        occupational exposure or offsite dose                 September 3, 1997 (62 FR 46517), this
                                                assemblies or a higher heat load. Section               from the implementation of Amendment                  rule is classified as Compatibility
                                                3.6.2.2 of Appendix B–100U for HI–                      No. 10 would remain well within 10                    Category ‘‘NRC.’’ Compatibility is not
                                                STORM Cask Systems was revised to                       CFR part 20 limits.                                   required for Category ‘‘NRC’’
                                                clarify that the design pressure limit for                 Therefore, based on these findings of              regulations. The NRC program elements
                                                normal operation of the FHD system is                   the SER and those of the environmental                in this category are those that relate
                                                for drying only and not for backfilling                 assessment below, the NRC staff                       directly to areas of regulation reserved
                                                the MPC with helium at lower pressures                  concludes that the proposed CoC                       to the NRC by the Atomic Energy Act of
                                                for long-term storage.                                  changes will not result in any                        1954, as amended, or the provisions of
                                                4. Revised Condition No. 9 of CoC No.                   radiological or non-radiological                      10 CFR. Although an Agreement State
                                                1014                                                    environmental impacts that differ                     may not adopt program elements
                                                                                                        significantly from the environmental                  reserved to the NRC, and a Category
                                                   The NRC staff revised Condition No.                  impacts evaluated in the environmental
                                                9, ‘‘Special Requirements for First                                                                           ‘‘NRC’’ does not confer regulatory
                                                                                                        assessment (EA) supporting the May 1,                 authority on the State, the State may
                                                Systems in Place,’’ to provide a more                   2000, final rule approving CoC No.
                                                appropriate location to perform air                                                                           wish to inform its licensees of certain
                                                                                                        1014. There will be no significant                    requirements by means consistent with
                                                velocity measurements to gauge the                      change in the types or amounts of any
                                                cooling effect of air convection in the                                                                       the particular State’s administrative
                                                                                                        effluent released, no significant increase            procedure laws.
                                                dry cask storage system. The previous                   in individual or cumulative radiation
                                                language in the CoC required the                        exposures, and no significant increase                VII. Plain Writing
                                                measurements at the annular gap                         in the potential for or consequences of                 The Plain Writing Act of 2010 (Pub.
                                                between the canister and the overpack.                  radiological accidents.                               L. 111–274) requires Federal agencies to
                                                This location is difficult to access, and                  This direct final rule revises the                 write documents in a clear, concise, and
                                                the measured data proved to be                          Holtec HI–STORM 100 Cask System                       well-organized manner. The NRC has
                                                unreliable because air velocities can                   listing in 10 CFR 72.214 by adding                    written this document to be consistent
                                                vary chaotically, especially at a location              Amendment No. 10 to CoC No. 1014.                     with the Plain Writing Act as well as the
                                                close to the top of the canister. The                   The amendment consists of the changes                 Presidential Memorandum, ‘‘Plain
                                                revised Condition No. 9 directs the user                previously described, as set forth in the             Language in Government Writing,’’
                                                to make the measurements at the inlet                   revised CoC and TSs. The revised TSs                  published June 10, 1998 (63 FR 31883).
                                                vents, where the user can obtain the                    are identified in the SER.
                                                total mass flow rate of the air and                        The amended Holtec HI–STORM 100                    VIII. Environmental Assessment and
                                                perform a meaningful comparison with                    Cask System design, when used under                   Finding of No Significant
                                                predicted results.                                      the conditions specified in the CoC, the              Environmental Impact
                                                   The NRC staff also revised Condition                 TSs, and the NRC’s regulations, will                  A. The Action
                                                No. 9 to specify that measurements of                   meet the requirements of 10 CFR part
                                                the Supplemental Cooling System be                      72; therefore, adequate protection of                   The action is to amend 10 CFR 72.214
                                                used to validate the analytical methods                 public health and safety will continue to             to revise the Holtec HI–STORM 100
                                                described in the applicant’s final safety               be ensured. When this direct final rule               Cask System listing within the ‘‘List of
                                                analysis report (FSAR) for the cask. The                becomes effective, persons who hold a                 approved spent fuel storage casks’’ to
                                                cask user will therefore need to develop                general license under 10 CFR 72.210                   include Amendment No. 10 to CoC No.
                                                a thermal model of this cask using the                  may load spent nuclear fuel into HI–                  1014. Under the National
                                                analytical methods described in the                     STORM 100 Cask Systems that meet the                  Environmental Policy Act of 1969, as
                                                FSAR. This will avoid unnecessary                       criteria of Amendment No. 10 to CoC                   amended (NEPA), and the NRC’s
                                                approximations in the thermal model                     No. 1014 under 10 CFR 72.212.                         regulations in subpart A of 10 CFR part
                                                that could add uncertainty in the                                                                             51, ‘‘Environmental Protection
                                                predicted results. The revised language                 V. Voluntary Consensus Standards                      Regulations for Domestic Licensing and
                                                more precisely specifies the parameters                   The National Technology Transfer                    Related Regulatory Functions,’’ the NRC
                                                to be measured and the analysis                         and Advancement Act of 1995 (Pub. L.                  has determined that this rule, if
jstallworth on DSK7TPTVN1PROD with RULES




                                                necessary to satisfy the Condition.                     104–113) requires that Federal agencies               adopted, would not be a major Federal
                                                                                                        use technical standards developed or                  action significantly affecting the quality
                                                5. Conclusions                                          adopted by voluntary consensus                        of the human environment, and
                                                  As documented in the SER for                          standards bodies unless the use of any                therefore, an environmental impact
                                                Amendment No. 10, the NRC staff                         such standard is inconsistent with                    statement (EIS) is not required. The NRC
                                                performed a detailed safety evaluation                  applicable law or otherwise impractical.              has made a finding of no significant
                                                of the proposed CoC amendment                           In this direct final rule, the NRC will               impact on the basis of this EA.


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                                                                   Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                             13269

                                                B. The Need for the Action                              accidental cask drop, lightning effects,              G. Finding of No Significant Impact
                                                   This direct final rule is needed to                  fire, explosions, and other incidents.                   The environmental impacts of the
                                                allow users of HI–STORM 100 Cask                           Considering the specific design                    action have been reviewed under the
                                                Systems under Amendment No. 10 to                       requirements for each accident                        requirements in 10 CFR part 51. Based
                                                load for dry storage under a general                    condition, the design of the cask would               on the foregoing EA, the NRC concludes
                                                license additional classes of fuel                      prevent loss of confinement, shielding,               that this direct final rule entitled, ‘‘List
                                                assemblies that would otherwise have to                 and criticality control. If there is no loss          of Approved Spent Fuel Storage Casks:
                                                remain in spent fuel storage pools. This                of confinement, shielding, or criticality             Holtec International HI–STORM 100
                                                direct final rule amends the CoC for the                control, the environmental impacts                    Cask System; Certificate of Compliance
                                                Holtec HI–STORM 100 Cask System                         would be insignificant. This proposed                 No. 1014, Amendment No. 10,’’ will not
                                                design within the list of approved spent                CoC amendment does not reflect a                      have a significant effect on the human
                                                fuel storage casks that power reactor                   significant change in cask design or                  environment. Therefore, the NRC has
                                                licensees can use to store spent fuel at                fabrication requirements. Because there               determined that an EIS for this direct
                                                reactor sites under a general license.                  are no significant design or production               final rule is not necessary.
                                                   Specifically, Amendment No. 10 (1)                   process changes, any resulting
                                                adds new fuel classes to the contents                   occupational exposure or offsite dose                 IX. Paperwork Reduction Act
                                                approved for the loading of 16X16-pin                   rates from the implementation of                      Statement
                                                fuel assemblies into a HI–STORM 100                     Amendment No. 10 would remain well                      This rule does not contain any
                                                Cask System; (2) allows a minor                         within all applicable 10 CFR part 20                  information collection requirements,
                                                increase in manganese in an alloy                       limits. Therefore, the proposed CoC                   and is therefore not subject to the
                                                material for the system’s overpack and                  changes will not result in any                        Paperwork Reduction Act of 1995 (44
                                                transfer cask; (3) clarifies the minimum                radiological or non-radiological                      U.S.C. 3501 et seq.).
                                                water displacement required of a                        environmental impacts that significantly
                                                                                                        differ from the environmental impacts                 Public Protection Notification
                                                dummy fuel rod (i.e., a rod not filled
                                                with uranium pellets); and (4) clarifies                evaluated in the EA supporting the July                 The NRC may not conduct or sponsor,
                                                the design pressures expected for                       18, 1990, final rule. There will be no                and a person is not required to respond
                                                normal operation of forced helium                       significant change in the types or                    to a request for information or an
                                                drying systems. Additionally,                           amounts of any effluent released, no                  information collection requirement
                                                Amendment No. 10 revises Condition                      significant increase in individual or                 unless the requesting document
                                                No. 9 of CoC No. 1014 to provide clearer                cumulative radiation exposures, and no                displays a currently valid Office of
                                                direction on the measurement of air                     significant increase in the potential for             Management and Budget control
                                                velocity and modeling of heat                           or consequences of radiological                       number.
                                                distribution through the storage system.                accidents. The NRC staff documented
                                                                                                                                                              X. Regulatory Flexibility Certification
                                                                                                        these safety findings in the SER.
                                                C. Environmental Impacts of the Action                                                                           Under the Regulatory Flexibility Act
                                                   On July 18, 1990 (55 FR 29181), the                  D. Alternative to the Action                          of 1980 (5 U.S.C. 605(b)), the NRC
                                                NRC issued an amendment to 10 CFR                          The alternative to this action is to               certifies that this rule will not, if issued,
                                                part 72 to provide for the storage of                   deny approval of Amendment No. 10                     have a significant economic impact on
                                                spent fuel under a general license in                   and withdraw the direct final rule.                   a substantial number of small entities.
                                                cask designs approved by the NRC. The                   Consequently, any 10 CFR part 72                      This direct final rule affects only
                                                potential environmental impact of using                 general licensee that seeks to load spent             nuclear power plant licensees and
                                                NRC-approved storage casks was                          nuclear fuel into the Holtec HI–STORM                 Holtec. These entities do not fall within
                                                initially analyzed in the EA for the 1990               100 Cask System in accordance with the                the scope of the definition of small
                                                final rule. The EA for Amendment No.                    changes described in proposed                         entities set forth in the Regulatory
                                                10 tiers off of the EA for the July 18,                 Amendment No. 10 would have to                        Flexibility Act or the size standards
                                                1990, final rule. Tiering on past EAs is                request an exemption from the                         established by the NRC (10 CFR 2.810).
                                                a standard process under NEPA by                        requirements of 10 CFR 72.212 and                     XI. Regulatory Analysis
                                                which impact analyses in a previous EA                  72.214. Under this alternative,
                                                can be cited by a subsequent EA as                      interested licensees would have to                       On July 18, 1990 (55 FR 29181), the
                                                bounding the expected impacts of a new                  prepare, and the NRC would have to                    NRC issued an amendment to 10 CFR
                                                proposed action within the scope of the                 review, each separate exemption                       part 72 to provide for the storage of
                                                previous EA.                                            request, thereby increasing the                       spent nuclear fuel under a general
                                                   The Holtec HI–STORM 100 Cask                         administrative burden upon the NRC                    license in cask designs approved by the
                                                System is designed to mitigate the                      and the costs to each licensee. The                   NRC. Any nuclear power reactor
                                                effects of design basis accidents that                  environmental impacts of this                         licensee can use NRC-approved cask
                                                could occur during storage. Design basis                alternative would therefore be the same               designs to store spent nuclear fuel if it
                                                accidents account for human-induced                     as or greater than the preferred action.              notifies the NRC in advance, the spent
                                                events and the most severe natural                                                                            fuel is stored under the conditions
                                                phenomena reported for the site and                     E. Alternative Use of Resources                       specified in the cask’s CoC, and the
                                                surrounding area. Postulated accidents                                                                        conditions of the general license are
                                                analyzed for an Independent Spent Fuel                     Approval of Amendment No. 10 to                    met. A list of NRC-approved cask
jstallworth on DSK7TPTVN1PROD with RULES




                                                Storage Installation, the type of facility              CoC No. 1014 would result in no                       designs is contained in 10 CFR 72.214.
                                                at which a holder of a power reactor                    irreversible commitments of resources.                On May 1, 2000 (65 FR 25241), the NRC
                                                operating license would store spent fuel                F. Agencies and Persons Contacted                     issued an amendment to 10 CFR part 72
                                                in casks in accordance with 10 CFR part                                                                       that approved the Holtec HI–STORM
                                                72, include tornado winds and tornado-                    No agencies or persons outside the                  100 Cask System design by adding it to
                                                generated missiles, a design basis                      NRC were contacted in connection with                 the list of NRC-approved cask designs in
                                                earthquake, a design basis flood, an                    the preparation of this EA.                           10 CFR 72.214.


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                                                13270                Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations

                                                   On January 5, 2015, Holtec submitted                      is believed to be as satisfactory, and                     requirements or an NRC request for
                                                an application to amend the HI–STORM                         therefore, this action is recommended.                     amendment. Amendment No. 10 applies
                                                100 Cask System CoC as described in                                                                                     only to new casks fabricated and used
                                                                                                             XII. Backfitting and Issue Finality
                                                Section IV, ‘‘Discussion of Changes,’’ of                                                                               under Amendment No. 10. These
                                                this document.                                                 The NRC has determined that the                          changes do not affect existing users of
                                                   The alternative to this action is to                      backfit rule (10 CFR 72.62) does not                       the Holtec HI–STORM 100 Cask System;
                                                withhold approval of Amendment No.                           apply to this direct final rule. Therefore,                the current Amendment No. 9 and
                                                10 and require any 10 CFR part 72                            a backfit analysis is not required. This                   earlier amendments continue to be
                                                general licensee seeking to load spent                       direct final rule revises CoC No. 1014                     effective for existing users. While
                                                nuclear fuel into the Holtec HI–STORM                        for the Holtec HI–STORM 100 Cask                           current CoC users may comply with the
                                                100 Cask System under the changes                            System, as currently listed in 10 CFR                      new requirements in Amendment No.
                                                described in Amendment No. 10 to                             72.214, ‘‘List of approved spent fuel                      10, this would be a voluntary decision
                                                request an exemption from the                                storage casks.’’ The revision consists of                  on the part of current users. For these
                                                requirements of 10 CFR 72.212 and                            Amendment No. 10, which (1) adds new                       reasons, Amendment No. 10 to CoC No.
                                                72.214. Under this alternative, each                         fuel classes to the contents approved for                  1014 does not constitute backfitting
                                                interested 10 CFR part 72 licensee                           the loading of 16X16-pin fuel                              under 10 CFR 72.62, 10 CFR
                                                would have to prepare, and the NRC                           assemblies into a HI–STORM 100 Cask                        50.109(a)(1), or otherwise represent an
                                                would have to review, a separate                             System; (2) allows a minor increase in                     inconsistency with the issue finality
                                                exemption request, thereby increasing                        manganese in an alloy material for the                     provisions applicable to combined
                                                the administrative burden upon the                           system’s overpack and transfer cask; (3)                   licenses in 10 CFR part 52. Accordingly,
                                                NRC and the costs to each licensee.                          clarifies the minimum water                                no backfit analysis or additional
                                                   Approval of the direct final rule is                      displacement required of a dummy fuel                      documentation addressing the issue
                                                consistent with previous NRC actions.                        rod (i.e., a rod not filled with uranium                   finality criteria in 10 CFR part 52 has
                                                Further, as documented in the SER and                        pellets); and (4) clarifies the design                     been prepared by the NRC staff.
                                                the EA, the direct final rule will have no                   pressures expected for normal operation
                                                adverse effect on public health and                          of forced helium drying systems.                           XIII. Congressional Review Act
                                                safety or the environment. This direct                       Additionally, Amendment No. 10
                                                final rule has no significant identifiable                   revises Condition No. 9 of CoC No. 1014                      The Office of Management and Budget
                                                impact on or benefit to other                                to provide clearer direction on the                        has not found this to be a major rule as
                                                Government agencies. Based on this                           measurement of air velocity and                            defined in the Congressional Review
                                                regulatory analysis, the NRC concludes                       modeling of heat distribution through                      Act.
                                                that the requirements of the direct final                    the storage system.                                        XIV. Availability of Documents
                                                rule are commensurate with the NRC’s                           Amendment No. 10 to CoC No. 1014
                                                responsibilities for public health and                       for the Holtec HI–STORM 100 Cask                             The documents identified in the
                                                safety and the common defense and                            System was initiated by Holtec, and was                    following table are available to
                                                security. No other available alternative                     not submitted in response to new NRC                       interested persons as indicated.

                                                                                                                                                                                     ADAMS Accession
                                                                                                   Document                                                                               No.

                                                Holtec International HI–STORM 100 Cask System—License Amendment Request (1014–10)                                     ML15007A435.
                                                Proposed CoC No. 1014, Amendment No. 10 ...........................................................................   ML15331A307.
                                                Appendix A for Proposed CoC No. 1014, Amendment No. 10 .................................................              ML15331A310.
                                                Appendix B for Proposed CoC No. 1014, Amendment No. 10 .................................................              ML15331A311.
                                                Appendix A—100U for Proposed CoC No. 1014, Amendment No. 10 .....................................                     ML15331A312.
                                                Appendix B—100U for Proposed CoC No. 1014, Amendment No. 10 .....................................                     ML15331A313.
                                                Preliminary SER for Proposed CoC No. 1014, Amendment No. 10 .........................................                 ML15331A309.



                                                   The NRC may post materials related                        training programs, Nuclear energy,                         PART 72—LICENSING
                                                to this document, including public                           Nuclear materials, Occupational safety                     REQUIREMENTS FOR THE
                                                comments, on the Federal Rulemaking                          and health, Penalties, Radiation                           INDEPENDENT STORAGE OF SPENT
                                                Web site at http://www.regulations.gov                       protection, Reporting and recordkeeping                    NUCLEAR FUEL, HIGH-LEVEL
                                                under Docket ID NRC–2015–0270. The                           requirements, Security measures, Spent                     RADIOACTIVE WASTE, AND
                                                Federal Rulemaking Web site allows                           fuel, Whistleblowing.                                      REACTOR-RELATED GREATER THAN
                                                you to receive alerts when changes or                           For the reasons set out in the                          CLASS C WASTE
                                                additions occur in a docket folder. To
                                                                                                             preamble and under the authority of the
                                                subscribe: (1) Navigate to the docket                                                                                   ■ 1. The authority citation for part 72
                                                                                                             Atomic Energy Act of 1954, as amended;
                                                folder (NRC–2015–0270); (2) click the                                                                                   continues to read as follows:
                                                                                                             the Energy Reorganization Act of 1974,
                                                ‘‘Sign up for Email Alerts’’ link; and (3)                                                                                Authority: Atomic Energy Act of 1954,
                                                enter your email address and select how                      as amended; the Nuclear Waste Policy
                                                                                                             Act of 1982, as amended; and 5 U.S.C.                      secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
                                                frequently you would like to receive                                                                                    183, 184, 186, 187, 189, 223, 234, 274 (42
                                                                                                             552 and 553; the NRC is adopting the
jstallworth on DSK7TPTVN1PROD with RULES




                                                emails (daily, weekly, or monthly).                                                                                     U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
                                                                                                             following amendments to 10 CFR part                        2099, 2111, 2201, 2210e, 2232, 2233, 2234,
                                                List of Subjects in 10 CFR Part 72                           72.                                                        2236, 2237, 2238, 2273, 2282, 2021); Energy
                                                                                                                                                                        Reorganization Act of 1974, secs. 201, 202,
                                                  Administrative practice and                                                                                           206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
                                                procedure, Criminal penalties,                                                                                          National Environmental Policy Act of 1969
                                                Hazardous waste, Indians,                                                                                               (42 U.S.C. 4332); Nuclear Waste Policy Act
                                                Intergovernmental relations, Manpower                                                                                   of 1982, secs. 117(a), 132, 133, 134, 135, 137,



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                                                                   Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Rules and Regulations                                          13271

                                                141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),           DEPARTMENT OF TRANSPORTATION                          telephone 206–544–5000, extension 1;
                                                10152, 10153, 10154, 10155, 10157, 10161,                                                                     fax 206–766–5680; Internet https://
                                                10165(g), 10168, 10198(a)) 44 U.S.C. 3504               Federal Aviation Administration                       www.myboeingfleet.com. You may view
                                                note.                                                                                                         this referenced service information at
                                                                                                        14 CFR Part 39                                        the FAA, Transport Airplane
                                                ■ 2. In § 72.214, Certificate of                                                                              Directorate, 1601 Lind Avenue SW.,
                                                Compliance 1014 is revised to read as                   [Docket No. FAA–2016–4222; Directorate
                                                                                                        Identifier 2016–NM–017–AD; Amendment                  Renton, WA. For information on the
                                                follows:                                                                                                      availability of this material at the FAA,
                                                                                                        39–18433; AD 2016–06–02]
                                                § 72.214 List of approved spent fuel
                                                                                                                                                              call 425–227–1221. It is also available
                                                                                                        RIN 2120–AA64                                         on the Internet at http://
                                                storage casks.
                                                                                                                                                              www.regulations.gov by searching for
                                                *     *     *     *     *                               Airworthiness Directives; The Boeing
                                                                                                                                                              and locating Docket No. FAA–2016–
                                                                                                        Company Airplanes
                                                  Certificate Number: 1014.                                                                                   4222.
                                                  Initial Certificate Effective Date: May               AGENCY:  Federal Aviation                             Examining the AD Docket
                                                31, 2000.                                               Administration (FAA), DOT.
                                                                                                                                                                You may examine the AD docket on
                                                                                                        ACTION: Final rule; request for
                                                  Amendment Number 1 Effective Date:                                                                          the Internet at http://
                                                July 15, 2002.                                          comments.
                                                                                                                                                              www.regulations.gov by searching for
                                                  Amendment Number 2 Effective Date:                    SUMMARY:    We are adopting a new                     and locating Docket No. FAA–2016–
                                                June 7, 2005.                                           airworthiness directive (AD) for all The              4222; or in person at the Docket
                                                                                                        Boeing Company Model 737–300, –400,                   Management Facility between 9 a.m.
                                                  Amendment Number 3 Effective Date:                                                                          and 5 p.m., Monday through Friday,
                                                May 29, 2007.                                           and –500 series airplanes. This AD
                                                                                                        requires repetitive inspections for                   except Federal holidays. The AD docket
                                                  Amendment Number 4 Effective Date:                    cracking in the horizontal and vertical               contains this AD, the regulatory
                                                January 8, 2008.                                        flanges of the rear spar upper chord of               evaluation, any comments received, and
                                                  Amendment Number 5 Effective Date:                    the horizontal stabilizer, and related                other information. The street address for
                                                                                                        investigative and corrective actions if               the Docket Office (phone: 800–647–
                                                July 14, 2008.
                                                                                                        necessary. This AD was prompted by a                  5527) is in the ADDRESSES section.
                                                  Amendment Number 6 Effective Date:                                                                          Comments will be available in the AD
                                                                                                        report of cracking in the center section
                                                August 17, 2009.                                                                                              docket shortly after receipt.
                                                                                                        of the horizontal stabilizer. We are
                                                  Amendment Number 7 Effective Date:                    issuing this AD to detect and correct                 FOR FURTHER INFORMATION CONTACT:
                                                December 28, 2009.                                      cracking of the rear spar center section              Payman Soltani, Aerospace Engineer,
                                                  Amendment Number 8 Effective Date:                    of the horizontal stabilizer that could               Airframe Branch, ANM–120L, FAA, Los
                                                                                                        lead to departure of the horizontal                   Angeles Aircraft Certification Office
                                                May 2, 2012, as corrected on November
                                                                                                        stabilizer from the airplane.                         (ACO), 3960 Paramount Boulevard,
                                                16, 2012 (ADAMS Accession No.
                                                                                                                                                              Lakewood, CA 90712–4137; phone:
                                                ML12213A170).                                           DATES: This AD is effective March 29,
                                                                                                                                                              562–627–5313; fax: 562–627–5210;
                                                  Amendment Number 9 Effective Date:                    2016.
                                                                                                                                                              email: Payman.Soltani@faa.gov.
                                                                                                           The Director of the Federal Register
                                                March 11, 2014.                                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                        approved the incorporation by reference
                                                  Amendment Number 10 Effective                         of a certain publication listed in this AD            Discussion
                                                Date: May 31, 2016.                                     as of March 29, 2016.
                                                                                                                                                                 We have received a report of cracking
                                                  SAR Submitted by: Holtec                                 We must receive comments on this
                                                                                                                                                              in the center section of the horizontal
                                                International.                                          AD by April 28, 2016.                                 stabilizer. A review of empennage
                                                  SAR Title: Final Safety Analysis                      ADDRESSES: You may send comments,                     loading of the Model 737–300, –400,
                                                Report for the HI–STORM 100 Cask                        using the procedures found in 14 CFR                  and –500 series airplanes identified
                                                System.                                                 11.43 and 11.45, by any of the following              several loading discrepancies that
                                                                                                        methods:                                              included landing rollout (LRO) buffet
                                                  Docket Number: 72–1014.                                  • Federal eRulemaking Portal: Go to                condition within the ground-air-ground
                                                  Certificate Expiration Date: May 31,                  http://www.regulations.gov. Follow the                (GAG) operational loads. These loading
                                                2020.                                                   instructions for submitting comments.                 discrepancies impact the operating
                                                                                                           • Fax: 202–493–2251.                               stress level on the rear spar upper chord
                                                  Model Number: HI–STORM 100.
                                                                                                           • Mail: U.S. Department of                         of the horizontal stabilizer center
                                                *     *     *     *     *                               Transportation, Docket Operations, M–                 section, which can lead to cracking. We
                                                  Dated at Rockville, Maryland, this 2nd day            30, West Building Ground Floor, Room                  have determined that the inspection
                                                of March, 2016.                                         W12–140, 1200 New Jersey Avenue SE.,                  threshold for detecting the cracking
                                                  For the Nuclear Regulatory Commission.                Washington, DC 20590.                                 needs to be lower than the existing
                                                                                                           • Hand Delivery: U.S. Department of                required compliance threshold of 66,000
                                                Victor M. McCree,
                                                                                                        Transportation, Docket Operations, M–                 total flight cycles. This horizontal
                                                Executive Director of Operations.                       30, West Building Ground Floor, Room                  stabilizer center section cracking, if not
                                                [FR Doc. 2016–05711 Filed 3–11–16; 8:45 am]             W12–140, 1200 New Jersey Avenue SE.,                  corrected, could result in departure of
                                                BILLING CODE 7590–01–P                                  Washington, DC 20590, between 9 a.m.                  the horizontal stabilizer from the
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        and 5 p.m., Monday through Friday,                    airplane.
                                                                                                        except Federal holidays.
                                                                                                           For service information identified in              Related Rulemaking
                                                                                                        this final rule, contact Boeing                         On April 8, 2008, we issued AD 2008–
                                                                                                        Commercial Airplanes, Attention: Data                 09–13, Amendment 39–15494 (73 FR
                                                                                                        & Services Management, P.O. Box 3707,                 24164, May 2, 2008), for all Boeing
                                                                                                        MC 2H–65, Seattle, WA 98124–2207;                     Model 737–300, –400, and –500 series


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Document Created: 2016-03-12 01:00:30
Document Modified: 2016-03-12 01:00:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThe direct final rule is effective May 31, 2016, unless significant adverse comments are received by April 13, 2016. 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.
ContactRobert D. MacDougall, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-5175; email: [email protected]
FR Citation81 FR 13265 
RIN Number3150-AJ71
CFR AssociatedAdministrative Practice and Procedure; Criminal Penalties; Hazardous Waste; Indians; Intergovernmental Relations; Manpower Training Programs; Nuclear Energy; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing

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