81 FR 73335 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System; Certificate of Compliance No. 1040, Amendment No. 2
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 206 (October 25, 2016)
Federal Register Volume 81, Issue 206 (October 25, 2016)
| Page Range | 73335-73339 | |
| FR Document | 2016-25408 |
[Federal Register Volume 81, Number 206 (Tuesday, October 25, 2016)] [Rules and Regulations] [Pages 73335-73339] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25408] ======================================================================= ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2016-0155] RIN 3150-AJ80 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System; Certificate of Compliance No. 1040, Amendment No. 2 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI- STORM Underground Maximum Capacity (UMAX) Canister Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 2 to Certificate of Compliance (CoC) No. 1040. Amendment No. 2 adds new fuel types to the HI-STORM UMAX Canister Storage System and updates an existing fuel type description. Additionally, Amendment No. 2 updates Table 3-4 of Appendix B of the CoC to reflect correct terminology and makes editorial changes to Appendix B of the CoC to clarify the description of the top surface pad. 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 January 9, 2017, unless significant adverse comments are received by November 25, 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 If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0155. 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: Gregory R. Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6445, or email: [email protected]. SUPPLEMENTARY INFORMATION: 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 [[Page 73336]] 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-2016-0155 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-2016-0155. 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-2016-0155 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. 2 to CoC No. 1040 and does not include other aspects of the Holtec International HI-STORM UMAX Canister Storage 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 January 9, 2017. However, if the NRC receives significant adverse comments on this direct final rule by November 25, 2016, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rule section of this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when: (a) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or Technical Specifications (TSs). For detailed instructions on 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 (80 FR 12073; March 6, 2015), as corrected (80 FR 15679; March 25, 2015), that approved the Holtec International HI-STORM UMAX Canister Storage System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1040. IV. Discussion of Changes By letter dated March 31, 2015, as supplemented June 19 and November 30, 2015, Holtec International submitted a request to the NRC to amend CoC No. 1040. Amendment No. 2 adds new fuel types to the HI- STORM UMAX Canister Storage System and updates an existing fuel type description. Additionally, Amendment No. 2 updates Table 3-4 of Appendix B of the CoC to reflect correct terminology and makes editorial changes to Appendix B of the CoC to clarify the description of the top surface pad. Specifically, Amendment No. 2 adds new 16X16 fuel types to approved [[Page 73337]] contents, in CoC No. 1040, named 16X16B and 16X16C and updates 15X15I fuel types to include those with guide tubes. Amendment No. 2 revises Table 2.1-1 to allow up to 37 undamaged 16X16A fuel assemblies in damaged fuel containers (DFCs) for the multipurpose canister--37 permitted for storage in the HI-STORM UMAX Canister Storage System. An updated heat load pattern is also included for loading up to 37 intact 16X16A fuel assemblies in DFCs. Also, Appendix B, Table 3-4 was revised to clarify the ``Top Surface Pad'' term. As documented in the Preliminary Safety Evaluation Report (PSER), the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request. There are no significant changes to cask fabrication or design requirements in the proposed CoC amendment. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 2 would remain within the 10 CFR part 20 limits. Thus, as discussed in the PSER, staff has determined that there is reasonable assurance that: (i) The activities authorized by the amended certificate can be conducted without endangering the health and safety of the public, and (ii) these activities will be conducted in compliance with the applicable regulations of 10 CFR part 72. This direct final rule revises the Holtec International HI-STORM UMAX Canister Storage System listing in 10 CFR 72.214 by adding Amendment No. 2 to CoC No. 1040. The amendment consists of the changes previously described, as set forth in the revised CoC and TSs. The revised TSs are identified in the PSER. The amended Holtec International HI-STORM UMAX Canister Storage 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 Holtec International HI-STORM UMAX Canister Storage System casks that meet the criteria of Amendment No. 2 to CoC No. 1040 under 10 CFR 72.212. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the Holtec International HI-STORM UMAX Canister Storage System design listed in 10 CFR 72.214, ``List of approved spent fuel storage casks.'' This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ``Policy Statement on Adequacy and Compatibility of Agreement State Programs'' approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this 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 International HI-STORM UMAX Canister Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 2 to CoC No. 1040. Under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment. B. The Need for the Action This direct final rule amends the CoC for the Holtec International HI-STORM UMAX Canister Storage System design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. Amendment No. 2 adds new fuel types to the HI-STORM UMAX Canister Storage System and updates an existing fuel type description. Additionally, Amendment No. 2 updates Table 3-4 of Appendix B of the CoC to reflect correct terminology and makes editorial changes to Appendix B of the CoC to clarify the description of the top surface pad. Specifically, Amendment No. 2 adds new 16X16 fuel types to approved contents, in CoC No. 1040, named 16X16B and 16X16C and updates 15X15I fuel types to include those with guide tubes. Amendment No. 2 revises Table 2.1-1 to allow up to 37 undamaged 16X16A fuel assemblies in DFCs for the multipurpose canister--37 permitted for storage in the HI-STORM UMAX Canister Storage System. An updated heat load pattern is also included for loading up to 37 intact 16X16A fuel assemblies in DFCs. Also, Appendix B, Table 3-4 was revised to clarify the ``Top Surface Pad'' term. C. Environmental Impacts of the Action On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was initially analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this Amendment No. 2 tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act. The Holtec International HI-STORM UMAX Canister Storage System is designed to mitigate the effects of design basis accidents that could occur during [[Page 73338]] 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 amendment does not reflect a significant change in design or fabrication of the cask. There are no significant changes to cask design requirements in the proposed CoC amendment. In addition, because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 2 would remain well within the 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 environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The staff documented its safety findings in a PSER. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 2 and discontinue the direct final rule process. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the Holtec International HI-STORM UMAX Canister Storage System in accordance with the changes described in proposed Amendment No. 2 would have to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, an interested 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. Therefore, the environmental impacts would be the same or less than the proposed action. E. Alternative Use of Resources Approval of Amendment No. 2 to CoC No. 1040 would result in no irreversible commitment of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, ``List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Amendment No. 2'' will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections os information were approved by the Office of Management and Budget (OMB), approval number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information collection unless the document requesting or requiring the collection displays a currently valid OMB control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec International. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On March 6, 2015 (80 FR 12073), as corrected on March 25, 2015 (80 FR 15679), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec International HI- STORM UMAX Canister Storage System design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. By letter dated March 31, 2015, as supplemented June 19 and November 30, 2015, Holtec submitted an application to amend the Holtec International HI-STORM UMAX Canister Storage System as described in Section IV, ``Discussion of Changes,'' of this document. The alternative to this action is to withhold approval of Amendment No. 2 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI-STORM UMAX Canister Storage System under the changes described in Amendment No. 2 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 PSER and the environmental assessment, the direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and therefore, this action is recommended. XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises CoC No. 1040 [[Page 73339]] for the Holtec International HI-STORM UMAX Canister Storage System, as currently listed in 10 CFR 72.214, ``List of approved spent fuel storage casks.'' Amendment No. 2 adds new fuel types to the HI-STORM UMAX Canister Storage System and updates an existing fuel type description. Additionally Amendment No. 2 updates Table 3-4 of Appendix B of the CoC to reflect correct terminology and makes editorial changes to Appendix B of the CoC to clarify the description of the top surface pad. Amendment No. 2 to CoC No. 1040 for the Holtec International HI- STORM UMAX Canister Storage System was initiated by Holtec and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 2 applies only to new casks fabricated and used under Amendment No. 2. These changes do not affect existing users of the Holtec International HI-STORM UMAX Canister Storage System, and the current Amendment No. 1 continues to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 2, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 2 to CoC No. 1040 does not constitute backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, no backfit analysis or additional documentation addressing the issue finality criteria in 10 CFR part 52 has been prepared by the staff. XIII. Congressional Review Act 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 License Amendment Request; ML15092A783 Letter Dated March 31, 2015. Supplemental Letter Dated June ML15170A434 19, 2015. Supplemental Letter Dated ML15334A496 November 30, 2015. Proposed CoC No. 1040, Amendment ML16035A416 No. 2. Proposed CoC No. 1040, Amendment ML16039A113 No. 2--Technical Specifications, Appendix A. Proposed CoC No. 1040, Amendment ML16039A115 No. 2--Technical Specifications, Appendix B. CoC No. 1040, Amendment No. 2-- ML16039A156 Preliminary Safety Evaluation Report. ------------------------------------------------------------------------ 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-2016-0155. 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-2016-0155); (2) click the ``Sign up for Email Alerts'' link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Hazardous waste, Indians, Intergovernmental relations, Manpower training programs, Nuclear energy, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72: PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR- RELATED GREATER THAN CLASS C WASTE 0 1. The authority citation for part 72 continues to read as follows: Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note. 0 2. In Sec. 72.214, Certificate of Compliance 1040 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1040. Initial Certificate Effective Date: April 6, 2015. Amendment Number 1 Effective Date: September 8, 2015. Amendment Number 2, Effective Date: January 9, 2017. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International HI-STORM UMAX Canister Storage System. Docket Number: 72-1040. Certificate Expiration Date: April 6, 2035. Model Number: MPC-37, MPC-89. Dated at Rockville, Maryland, this 4th day of October, 2016. For the Nuclear Regulatory Commission. Michael R. Johnson, Acting Executive Director for Operations. [FR Doc. 2016-25408 Filed 10-24-16; 8:45 am] BILLING CODE 7590-01-P
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industry and public sector agencies. As For the reasons set forth in the DATES: The direct final rule is effective
noted in the initial regulatory flexibility preamble, 7 CFR part 906 is amended as January 9, 2017, unless significant
analysis, USDA has not identified any follows: adverse comments are received by
relevant Federal rules that duplicate, November 25, 2016. If the direct final
overlap, or conflict with this final rule. PART 906—ORANGES AND rule is withdrawn as a result of such
AMS is committed to complying with GRAPEFRUIT GROWN IN LOWER RIO comments, timely notice of the
the E-Government Act, to promote the GRANDE VALLEY IN TEXAS withdrawal will be published in the
use of the internet and other Federal Register. Comments received
■ 1. The authority citation for 7 CFR
information technologies to provide after this date will be considered if it is
part 906 continues to read as follows:
increased opportunities for citizen practical to do so, but the Commission
access to Government information and Authority: 7 U.S.C. 601–674. is able to ensure consideration only for
services, and for other purposes. ■ 2. Section 906.235 is revised to read comments received on or before this
A proposed rule concerning this as follows: date. Comments received on this direct
action was published in the Federal final rule will also be considered to be
§ 906.235 Assessment rate.
Register on August 17, 2016 (81 FR comments on a companion proposed
54748). Copies of the proposed rule On and after August 1, 2016, an rule published in the Proposed Rules
were also mailed or sent via facsimile to assessment rate of $0.09 per 7/10-bushel section of this issue of the Federal
all Texas orange and grapefruit carton or equivalent is established for Register.
handlers. Finally, the proposal was oranges and grapefruit grown in the
Lower Rio Grande Valley in Texas. ADDRESSES: You may submit comments
made available through the internet by by any of the following methods:
USDA and the Office of the Federal Dated: October 19, 2016. • Federal Rulemaking Web site: Go to
Register. A 30-day comment period Elanor Starmer, http://www.regulations.gov and search
ending September 16, 2016, was Administrator, Agricultural Marketing for Docket ID NRC–2016–0155. Address
provided for interested persons to Service. questions about NRC dockets to Carol
respond to the proposal. No comments [FR Doc. 2016–25681 Filed 10–24–16; 8:45 am] Gallagher; telephone: 301–415–3463;
were received. BILLING CODE 3410–02–P email: Carol.Gallagher@nrc.gov. For
A small business guide on complying technical questions contact the
with fruit, vegetable, and specialty crop individual listed in the FOR FURTHER
marketing agreements and orders may NUCLEAR REGULATORY INFORMATION CONTACT section of this
be viewed at: http://www.ams.usda.gov/ COMMISSION document.
rules-regulations/moa/small-businesses. • Email comments to:
Any questions about the compliance 10 CFR Part 72 Rulemaking.Comments@nrc.gov. If you
guide should be sent to Richard Lower do not receive an automatic email reply
[NRC–2016–0155]
at the previously-mentioned address in confirming receipt, then contact us at
the FOR FURTHER INFORMATION CONTACT RIN 3150–AJ80 301–415–1677.
section. • Fax comments to: Secretary, U.S.
After consideration of all relevant List of Approved Spent Fuel Storage Nuclear Regulatory Commission at 301–
material presented, including the Casks: Holtec International HI–STORM 415–1101.
information and recommendation UMAX Canister Storage System; • Mail comments to: Secretary, U.S.
submitted by the Committee and other Certificate of Compliance No. 1040, Nuclear Regulatory Commission,
available information, it is hereby found Amendment No. 2 Washington, DC 20555–0001, ATTN:
that this rule, as hereinafter set forth, AGENCY: Nuclear Regulatory Rulemakings and Adjudications Staff.
will tend to effectuate the declared • Hand deliver comments to: 11555
Commission.
policy of the Act. Rockville Pike, Rockville, Maryland
ACTION: Direct final rule.
Pursuant to 5 U.S.C. 553, it also found 20852, between 7:30 a.m. and 4:15 p.m.
and determined that good cause exists SUMMARY: The U.S. Nuclear Regulatory (Eastern Time) Federal workdays;
for not postposing the effective date of Commission (NRC) is amending its telephone: 301–415–1677.
this rule until 30 days after publication spent fuel storage regulations by For additional direction on obtaining
in the Federal Register because: (1) The revising the Holtec International HI– information and submitting comments,
2016–17 fiscal period began on August STORM Underground Maximum see ‘‘Obtaining Information and
1, 2016, and the marketing order Capacity (UMAX) Canister Storage Submitting Comments’’ in the
System listing within the ‘‘List of SUPPLEMENTARY INFORMATION section of
requires that the rate of assessment for
each fiscal period apply to all assessable approved spent fuel storage casks’’ to this document.
Texas oranges and grapefruit handled include Amendment No. 2 to Certificate FOR FURTHER INFORMATION CONTACT:
during such fiscal period; (2) the of Compliance (CoC) No. 1040. Gregory R. Trussell, Office of Nuclear
Committee needs to have sufficient Amendment No. 2 adds new fuel types Material Safety and Safeguards, U.S.
funds to pay its expenses which are to the HI–STORM UMAX Canister Nuclear Regulatory Commission,
incurred on a continuous basis; and (3) Storage System and updates an existing Washington, DC 20555–0001; telephone:
handlers are aware of this action which fuel type description. Additionally, 301–415–6445, or email:
was unanimously recommended by the Amendment No. 2 updates Table 3–4 of Gregory.Trussell@nrc.gov.
Committee at a public meeting. Also, a Appendix B of the CoC to reflect correct SUPPLEMENTARY INFORMATION:
30-day comment period was provided terminology and makes editorial I. Obtaining Information and Submitting
ehiers on DSK5VPTVN1PROD with RULES
for in the proposed rule. changes to Appendix B of the CoC to Comments
II. Procedural Background
clarify the description of the top surface III. Background
List of Subjects in 7 CFR Part 906 pad. Each of these changes is described IV. Discussion of Changes
Grapefruit, Marketing agreements, in Section IV, ‘‘Discussion of Changes,’’ V. Voluntary Consensus Standards
Oranges, Reporting and recordkeeping in the SUPPLEMENTARY INFORMATION VI. Agreement State Compatibility
requirements. section of this document. VII. Plain Writing
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![73336 Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations
VIII. Environmental Assessment and Finding before making the comment Proposed Rule section of this issue of
of No Significant Environmental Impact submissions available to the public or the Federal Register.
IX. Paperwork Reduction Act Statement entering the comment into ADAMS.
X. Regulatory Flexibility Certification III. Background
XI. Regulatory Analysis II. Procedural Background Section 218(a) of the Nuclear Waste
XII. Backfitting and Issue Finality Policy Act (NWPA) of 1982, as
XIII. Congressional Review Act This rule is limited to the changes
XIV. Availability of Documents contained in Amendment No. 2 to CoC amended, requires that ‘‘the Secretary
No. 1040 and does not include other [of the Department of Energy] shall
I. Obtaining Information and aspects of the Holtec International HI– establish a demonstration program, in
Submitting Comments STORM UMAX Canister Storage System cooperation with the private sector, for
design. The NRC is using the ‘‘direct the dry storage of spent nuclear fuel at
A. Obtaining Information
final rule procedure’’ to issue this civilian nuclear power reactor sites,
Please refer to Docket ID NRC–2016– amendment because it represents a with the objective of establishing one or
0155 when contacting the NRC about limited and routine change to an more technologies that the [Nuclear
the availability of information for this existing CoC that is expected to be Regulatory] Commission may, by rule,
action. You may obtain publicly- noncontroversial. Adequate protection approve for use at the sites of civilian
available information related to this of public health and safety continues to nuclear power reactors without, to the
action by any of the following methods: be ensured. The amendment to the rule maximum extent practicable, the need
• Federal Rulemaking Web site: Go to will become effective on January 9, for additional site-specific approvals by
http://www.regulations.gov and search 2017. However, if the NRC receives the Commission.’’ Section 133 of the
for Docket ID NRC–2016–0155. significant adverse comments on this NWPA states, in part, that ‘‘[the
• NRC’s Agencywide Documents Commission] shall, by rule, establish
direct final rule by November 25, 2016,
Access and Management System procedures for the licensing of any
then the NRC will publish a document
(ADAMS): You may obtain publicly- technology approved by the
that withdraws this action and will
available documents online in the Commission under Section 219(a) [sic:
subsequently address the comments
ADAMS Public Documents collection at 218(a)] for use at the site of any civilian
received in a final rule as a response to
http://www.nrc.gov/reading-rm/ nuclear power reactor.’’
the companion proposed rule published
adams.html. To begin the search, select To implement this mandate, the
in the Proposed Rule section of this
‘‘ADAMS Public Documents’’ and then Commission approved dry storage of
issue of the Federal Register. Absent
select ‘‘Begin Web-based ADAMS spent nuclear fuel in NRC-approved
significant modifications to the
Search.’’ For problems with ADAMS, casks under a general license by
proposed revisions requiring
please contact the NRC’s Public publishing a final rule which added a
republication, the NRC will not initiate
Document Room (PDR) reference staff at new subpart K in part 72 of title 10 of
a second comment period on this action.
1–800–397–4209, 301–415–4737, or by the Code of Federal Regulations (10
A significant adverse comment is a
email to pdr.resource@nrc.gov. For the CFR) entitled, ‘‘General License for
comment where the commenter
convenience of the reader, instructions Storage of Spent Fuel at Power Reactor
explains why the rule would be
about obtaining materials referenced in Sites’’ (55 FR 29181; July 18, 1990). This
inappropriate, including challenges to
this document are provided in the rule also established a new subpart L in
the rule’s underlying premise or
‘‘Availability of Documents’’ section. 10 CFR part 72 entitled, ‘‘Approval of
• NRC’s PDR: You may examine and approach, or would be ineffective or
Spent Fuel Storage Casks,’’ which
purchase copies of public documents at unacceptable without a change. A
contains procedures and criteria for
the NRC’s PDR, Room O1–F21, One comment is adverse and significant if:
obtaining NRC approval of spent fuel
White Flint North, 11555 Rockville (1) The comment opposes the rule and
storage cask designs. The NRC
Pike, Rockville, Maryland 20852. provides a reason sufficient to require a
subsequently issued a final rule (80 FR
substantive response in a notice-and-
12073; March 6, 2015), as corrected (80
B. Submitting Comments comment process. For example, a
FR 15679; March 25, 2015), that
Please include Docket ID NRC–2016– substantive response is required when:
approved the Holtec International HI–
0155 in your comment submission. (a) The comment causes the NRC staff STORM UMAX Canister Storage System
The NRC cautions you not to include to reevaluate (or reconsider) its position design and added it to the list of NRC-
identifying or contact information that or conduct additional analysis; approved cask designs in 10 CFR 72.214
you do not want to be publicly (b) The comment raises an issue as CoC No. 1040.
disclosed in your comment submission. serious enough to warrant a substantive
The NRC will post all comment response to clarify or complete the IV. Discussion of Changes
submissions at http:// record; or By letter dated March 31, 2015, as
www.regulations.gov as well as enter the (c) The comment raises a relevant supplemented June 19 and November
comment submissions into ADAMS. issue that was not previously addressed 30, 2015, Holtec International submitted
The NRC does not routinely edit or considered by the NRC staff. a request to the NRC to amend CoC No.
comment submissions to remove (2) The comment proposes a change 1040. Amendment No. 2 adds new fuel
identifying or contact information. or an addition to the rule, and it is types to the HI–STORM UMAX Canister
If you are requesting or aggregating apparent that the rule would be Storage System and updates an existing
comments from other persons for ineffective or unacceptable without fuel type description. Additionally,
submission to the NRC, then you should incorporation of the change or addition. Amendment No. 2 updates Table 3–4 of
inform those persons not to include (3) The comment causes the NRC staff Appendix B of the CoC to reflect correct
ehiers on DSK5VPTVN1PROD with RULES
identifying or contact information that to make a change (other than editorial) terminology and makes editorial
they do not want to be publicly to the rule, CoC, or Technical changes to Appendix B of the CoC to
disclosed in their comment submission. Specifications (TSs). clarify the description of the top surface
Your request should state that the NRC For detailed instructions on filing pad.
does not routinely edit comment comments, please see the companion Specifically, Amendment No. 2 adds
submissions to remove such information proposed rule published in the new 16X16 fuel types to approved
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![Federal Register / Vol. 81, No. 206 / Tuesday, October 25, 2016 / Rules and Regulations 73339
for the Holtec International HI–STORM submitted in response to new NRC inconsistency with the issue finality
UMAX Canister Storage System, as requirements, or an NRC request for provisions applicable to combined
currently listed in 10 CFR 72.214, ‘‘List amendment. Amendment No. 2 applies licenses in 10 CFR part 52. Accordingly,
of approved spent fuel storage casks.’’ only to new casks fabricated and used no backfit analysis or additional
Amendment No. 2 adds new fuel types under Amendment No. 2. These changes documentation addressing the issue
to the HI–STORM UMAX Canister do not affect existing users of the Holtec finality criteria in 10 CFR part 52 has
Storage System and updates an existing International HI–STORM UMAX been prepared by the staff.
fuel type description. Additionally Canister Storage System, and the current
XIII. Congressional Review Act
Amendment No. 2 updates Table 3–4 of Amendment No. 1 continues to be
Appendix B of the CoC to reflect correct effective for existing users. While The Office of Management and Budget
terminology and makes editorial current CoC users may comply with the has not found this to be a major rule as
changes to Appendix B of the CoC to new requirements in Amendment No. 2, defined in the Congressional Review
clarify the description of the top surface this would be a voluntary decision on Act.
pad. the part of current users. For these
XIV. Availability of Documents
Amendment No. 2 to CoC No. 1040 reasons, Amendment No. 2 to CoC No.
for the Holtec International HI–STORM 1040 does not constitute backfitting The documents identified in the
UMAX Canister Storage System was under 10 CFR 72.62, 10 CFR following table are available to
initiated by Holtec and was not 50.109(a)(1), or otherwise represent an interested persons as indicated.
Document ADAMS accession No.
Holtec License Amendment Request; Letter Dated March 31, 2015 ............................................................................ ML15092A783
Supplemental Letter Dated June 19, 2015 .................................................................................................................... ML15170A434
Supplemental Letter Dated November 30, 2015 ............................................................................................................ ML15334A496
Proposed CoC No. 1040, Amendment No. 2 ................................................................................................................. ML16035A416
Proposed CoC No. 1040, Amendment No. 2—Technical Specifications, Appendix A ................................................. ML16039A113
Proposed CoC No. 1040, Amendment No. 2—Technical Specifications, Appendix B ................................................. ML16039A115
CoC No. 1040, Amendment No. 2—Preliminary Safety Evaluation Report .................................................................. ML16039A156
The NRC may post materials related PART 72—LICENSING SAR Title: Final Safety Analysis
to this document, including public REQUIREMENTS FOR THE Report for the Holtec International HI–
comments, on the Federal rulemaking INDEPENDENT STORAGE OF SPENT STORM UMAX Canister Storage
Web site at http://www.regulations.gov NUCLEAR FUEL, HIGH-LEVEL System.
under Docket ID NRC–2016–0155. The RADIOACTIVE WASTE, AND Docket Number: 72–1040.
Federal rulemaking Web site allows you REACTOR-RELATED GREATER THAN Certificate Expiration Date: April 6,
to receive alerts when changes or CLASS C WASTE 2035.
Model Number: MPC–37, MPC–89.
additions occur in a docket folder. To
■ 1. The authority citation for part 72 Dated at Rockville, Maryland, this 4th day
subscribe: (1) Navigate to the docket
continues to read as follows: of October, 2016.
folder (NRC–2016–0155); (2) click the
‘‘Sign up for Email Alerts’’ link; and (3) Authority: Atomic Energy Act of 1954, For the Nuclear Regulatory Commission.
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, Michael R. Johnson,
enter your email address and select how 183, 184, 186, 187, 189, 223, 234, 274 (42
frequently you would like to receive Acting Executive Director for Operations.
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
emails (daily, weekly, or monthly). 2099, 2111, 2201, 2210e, 2232, 2233, 2234, [FR Doc. 2016–25408 Filed 10–24–16; 8:45 am]
2236, 2237, 2238, 2273, 2282, 2021); Energy BILLING CODE 7590–01–P
List of Subjects in 10 CFR Part 72 Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
Administrative practice and National Environmental Policy Act of 1969
procedure, Criminal penalties, (42 U.S.C. 4332); Nuclear Waste Policy Act
DEPARTMENT OF TRANSPORTATION
Hazardous waste, Indians, of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
Federal Aviation Administration
Intergovernmental relations, Manpower
training programs, Nuclear energy, 10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504 14 CFR Part 71
Nuclear materials, Occupational safety
note. [Docket No. FAA–2016–5444; Airspace
and health, Penalties, Radiation
■ 2. In § 72.214, Certificate of Docket No. 16–ANE–1]
protection, Reporting and recordkeeping
Compliance 1040 is revised to read as
requirements, Security measures, Spent Amendment of Class D and Class E
follows:
fuel, Whistleblowing. Airspace; Falmouth, MA
For the reasons set out in the § 72.214 List of approved spent fuel
storage casks. AGENCY: Federal Aviation
preamble and under the authority of the
* * * * * Administration (FAA), DOT.
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974, Certificate Number: 1040. ACTION: Final rule, correction.
Initial Certificate Effective Date: April
as amended; the Nuclear Waste Policy 6, 2015. SUMMARY: This action corrects a final
ehiers on DSK5VPTVN1PROD with RULES
Act of 1982, as amended; and 5 U.S.C. Amendment Number 1 Effective Date: rule published in the Federal Register
552 and 553; the NRC is adopting the September 8, 2015. of September 23, 2016, amending Class
following amendments to 10 CFR part Amendment Number 2, Effective D and E airspace. Class E airspace
72: Date: January 9, 2017. designated as an extension at Cape Cod
SAR Submitted by: Holtec Coast Guard Air Station, (formerly Otis
International, Inc. ANGB), Falmouth, MA is corrected by
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Document Created: 2018-02-13 16:38:09
Document Modified: 2018-02-13 16:38:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | The direct final rule is effective January 9, 2017, unless significant adverse comments are received by November 25, 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. | |
| Contact | Gregory R. Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6445, or email: [email protected] | |
| FR Citation | 81 FR 73335 | |
| RIN Number | 3150-AJ80 | |
| CFR Associated | Administrative Practice and Procedure; Criminal Penalties; Hazardous Waste; Indians; Intergovernmental Relations; Manpower Training Programs; Nuclear Energy; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing |
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