82 FR 29225 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 123 (June 28, 2017)
Federal Register Volume 82, Issue 123 (June 28, 2017)
| Page Range | 29225-29229 | |
| FR Document | 2017-13514 |
[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)] [Rules and Regulations] [Pages 29225-29229] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13514] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations [[Page 29225]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2017-0089] RIN 3150-AK03 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International (Holtec) HI-STORM Flood/Wind (FW) Multipurpose Canister (MPC) Storage System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1032. Amendment No. 3 revises authorized contents to allow burnup credit for fuel types in the MPC-37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. DATES: This direct final rule is effective September 11, 2017, unless significant adverse comments are received by July 28, 2017. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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-2017-0089. 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: Vanessa Cox, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-8342; email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure 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-2017-0089 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-2017-0089. 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-2017-0089 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 [[Page 29226]] submissions available to the public or entering the comment into ADAMS. II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 3 to CoC No. 1032 and does not include other aspects of the Holtec HI-STORM FW MPC 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 September 11, 2017. However, if the NRC receives significant adverse comments on this direct final rule by July 28, 2017, 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 on March 28, 2011 (76 FR 17019), that approved the Holtec HI-STORM FW MPC Storage System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1032. IV. Discussion of Changes By letter dated December 18, 2015, Holtec submitted a request to the NRC to amend CoC No. 1032. Holtec modified its request on April 22, 2016, and supplemented it on June 22, 2016, and August 22, 2016. The amendment revises authorized contents to allow burnup credit for fuel types in the MPC-37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. 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 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 in the event of an accident. If there is no loss of containment, shielding, or criticality control, the environmental impacts resulting from an accident would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 3 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 March 28, 2011, 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. This direct final rule revises the Holtec HI-STORM FW MPC Storage System listing in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1032. 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 HI-STORM FW MPC 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 HI-STORM FW MPC Storage System casks that meet the criteria of Amendment No. 3 to CoC No. 1032 under 10 CFR 72.212. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the Holtec HI-STORM FW MPC Storage System design listed in 10 CFR 72.214. This action does not constitute the establishment of a [[Page 29227]] 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 FW MPC Storage System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to CoC No. 1032. Under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' the NRC has determined that this direct final 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 HI-STORM FW MPC Storage System design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. Specifically, Amendment No. 3 revises authorized contents to allow burnup credit for fuel types in the MPC-37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. 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. 3 tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act. Holtec HI-STORM FW MPC Storage System casks are designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an Independent Spent Fuel Storage Installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. Considering the specific design requirements for each accident condition, the design of the 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. 3 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 NRC staff documented its safety findings in the PSER for this amendment. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 3 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into Holtec HI- STORM FW MPC Storage System casks in accordance with the changes described in proposed Amendment No. 3 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. 3 to CoC No. 1032 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 Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 3'' will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork [[Page 29228]] Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of 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 request for information or an information collection requirement unless the requesting document 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 direct final 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 March 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec HI-STORM FW MPC Storage System design by adding it to the list of NRC- approved cask designs in 10 CFR 72.214. By letter dated December 18, 2015, Holtec submitted a request to the NRC to amend CoC No. 1032. Holtec modified its request on April 22, 2016, and supplemented it on June 22, 2016, and August 22, 2016, as described in Section IV, ``Discussion of Changes,'' of this document. The alternative to this action is to withhold approval of Amendment No. 3 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into Holtec HI-STORM FW MPC Storage System casks under the changes described in Amendment No. 3 to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the PSER and the environmental assessment, this 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 this direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and therefore, this action is recommended. XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises CoC No. 1032 for the Holtec HI-STORM FW MPC Storage System, as currently listed in 10 CFR 72.214, ``List of Approved Spent Fuel Storage Casks.'' Amendment No. 3 revises authorized contents to allow burnup credit for fuel types in the MPC-37 and revises CoC Condition 8, which has been previously incorporated in Amendment No. 2 to CoC No. 1032. Amendment No. 3 to CoC No. 1032 for the Holtec HI-STORM FW MPC Storage System was initiated by Holtec and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 3 applies only to new casks fabricated and used under Amendment No. 3. These changes do not affect existing users of the Holtec HI-STORM FW MPC Storage System, and the current Amendment No. 2 continues to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 3, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 3 to CoC No. 1032 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 OMB has not found this to be a 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 CoC No. 1032, Amendment No. 3-- ML15364A561 Amendment Request Letter dated December 18, 2015. Holtec CoC No. 1032, Amendment No. 3-- ML16113A398 Modified Request Letter dated April 22, 2016. Holtec CoC No. 1032, Amendment No. 3-- ML16180A360 Response to RAI Regarding HI-STORM FW Amendment 3 dated June 22, 2016. Holtec CoC No. 1032, Amendment No. 3-- ML16236A243 Transmittal of Response to HI-STORM FW Amendment 3 Response to Second Request for Additional Information dated August 22, 2016. Proposed CoC No. 1032, Amendment No. 3...... ML16292A552 Proposed CoC No. 1032, Amendment No. 3-- ML16292A580 Appendix A. Proposed CoC No. 1032, Amendment No. 3-- ML16292A623 Technical Specifications, Appendix B. CoC No. 1032, Amendment No. 3--Preliminary ML16292A650 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-2017-0089. 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-2017-0089); (2) click the ``Sign up for Email Alerts'' link; and (3) enter your email address and select how [[Page 29229]] 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 1032 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1032. Initial Certificate Effective Date: June 13, 2011, superseded by Amendment Number 0, Revision 1, on April 25, 2016. Amendment Number 0, Revision 1, Effective Date: April 25, 2016. Amendment Number 1 Effective Date: December 17, 2014, superseded by Amendment Number 1, Revision 1, on June 2, 2015. Amendment Number 1, Revision 1, Effective Date: June 2, 2015. Amendment Number 2 Effective Date: November 7, 2016. Amendment Number 3 Effective Date: September 11, 2017. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International HI-STORM FW System. Docket Number: 72-1032. Certificate Expiration Date: June 12, 2031. Model Number: HI-STORM FW MPC-37, MPC-89. * * * * * Dated at Rockville, Maryland, this 14th day of June, 2017. For the Nuclear Regulatory Commission. Victor M. McCree, Executive Director for Operations. [FR Doc. 2017-13514 Filed 6-27-17; 8:45 am] BILLING CODE 7590-01-P
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Rules and Regulations Federal Register
Vol. 82, No. 123
Wednesday, June 28, 2017
This section of the FEDERAL REGISTER ADDRESSES: You may submit comments I. Obtaining Information and
contains regulatory documents having general by any of the following methods: Submitting Comments
applicability and legal effect, most of which
are keyed to and codified in the Code of • Federal Rulemaking Web site: Go to A. Obtaining Information
Federal Regulations, which is published under http://www.regulations.gov and search
for Docket ID NRC–2017–0089. Address Please refer to Docket ID NRC–2017–
50 titles pursuant to 44 U.S.C. 1510.
questions about NRC dockets to Carol 0089 when contacting the NRC about
The Code of Federal Regulations is sold by Gallagher; telephone: 301–415–3463; the availability of information for this
the Superintendent of Documents. email: Carol.Gallagher@nrc.gov. For action. You may obtain publicly-
technical questions contact the available information related to this
individual listed in the FOR FURTHER action by any of the following methods:
NUCLEAR REGULATORY
INFORMATION CONTACT section of this • Federal Rulemaking Web site: Go to
COMMISSION http://www.regulations.gov and search
document.
for Docket ID NRC–2017–0089.
10 CFR Part 72 • Email comments to: • NRC’s Agencywide Documents
[NRC–2017–0089] Rulemaking.Comments@nrc.gov. If you Access and Management System
do not receive an automatic email reply (ADAMS): You may obtain publicly-
RIN 3150–AK03 confirming receipt, then contact us at available documents online in the
301–415–1677. ADAMS Public Documents collection at
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM • Fax comments to: Secretary, U.S. http://www.nrc.gov/reading-rm/
Flood/Wind Multipurpose Canister Nuclear Regulatory Commission at 301– adams.html. To begin the search, select
Storage System, Certificate of 415–1101. ‘‘ADAMS Public Documents’’ and then
Compliance No. 1032, Amendment No. • Mail comments to: Secretary, U.S. select ‘‘Begin Web-based ADAMS
3 Nuclear Regulatory Commission, Search.’’ For problems with ADAMS,
Washington, DC 20555–0001, ATTN: please contact the NRC’s Public
AGENCY: Nuclear Regulatory Rulemakings and Adjudications Staff. Document Room (PDR) reference staff at
Commission. 1–800–397–4209, 301–415–4737, or by
• Hand deliver comments to: 11555 email to pdr.resource@nrc.gov. For the
ACTION: Direct final rule.
Rockville Pike, Rockville, Maryland convenience of the reader, instructions
SUMMARY: The U.S. Nuclear Regulatory 20852, between 7:30 a.m. and 4:15 p.m. about obtaining materials referenced in
Commission (NRC) is amending its (Eastern Time) Federal workdays; this document are provided in the
spent fuel storage regulations by telephone: 301–415–1677. ‘‘Availability of Documents’’ section.
revising the Holtec International For additional direction on obtaining • NRC’s PDR: You may examine and
(Holtec) HI–STORM Flood/Wind (FW) information and submitting comments, purchase copies of public documents at
Multipurpose Canister (MPC) Storage see ‘‘Obtaining Information and the NRC’s PDR, Room O1–F21, One
System listing within the ‘‘List of Submitting Comments’’ in the White Flint North, 11555 Rockville
Approved Spent Fuel Storage Casks’’ to SUPPLEMENTARY INFORMATION section of Pike, Rockville, Maryland 20852.
include Amendment No. 3 to Certificate this document.
of Compliance (CoC) No. 1032. B. Submitting Comments
Amendment No. 3 revises authorized FOR FURTHER INFORMATION CONTACT:
Please include Docket ID NRC–2017–
contents to allow burnup credit for fuel Vanessa Cox, Office of Nuclear Material
0089 in your comment submission.
types in the MPC–37 and revises CoC Safety and Safeguards, U.S. Nuclear
The NRC cautions you not to include
Condition 8, which has been previously Regulatory Commission, Washington,
identifying or contact information that
incorporated in Amendment No. 2 to DC 20555–0001; telephone: 301–415–
you do not want to be publicly
CoC No. 1032. 8342; email: Vanessa.Cox@nrc.gov.
disclosed in your comment submission.
DATES: This direct final rule is effective SUPPLEMENTARY INFORMATION: The NRC will post all comment
September 11, 2017, unless significant submissions at http://
Table of Contents
adverse comments are received by July www.regulations.gov as well as enter the
28, 2017. If the direct final rule is I. Obtaining Information and Submitting comment submissions into ADAMS.
withdrawn as a result of such Comments The NRC does not routinely edit
comments, timely notice of the II. Rulemaking Procedure comment submissions to remove
withdrawal will be published in the III. Background identifying or contact information.
Federal Register. Comments received IV. Discussion of Changes If you are requesting or aggregating
after this date will be considered if it is V. Voluntary Consensus Standards comments from other persons for
VI. Agreement State Compatibility
practical to do so, but the Commission submission to the NRC, then you should
VII. Plain Writing
is able to ensure consideration only for inform those persons not to include
VIII. Environmental Assessment and Finding
comments received on or before this identifying or contact information that
rmajette on DSK2TPTVN1PROD with RULES
of No Significant Environmental Impact
date. Comments received on this direct IX. Paperwork Reduction Act Statement they do not want to be publicly
final rule will also be considered to be X. Regulatory Flexibility Certification disclosed in their comment submission.
comments on a companion proposed XI. Regulatory Analysis Your request should state that the NRC
rule published in the Proposed Rules XII. Backfitting and Issue Finality does not routinely edit comment
section of this issue of the Federal XIII. Congressional Review Act submissions to remove such information
Register. XIV. Availability of Documents before making the comment
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![29226 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations
submissions available to the public or III. Background design requirements for each accident
entering the comment into ADAMS. Section 218(a) of the Nuclear Waste condition, the design of the cask would
Policy Act (NWPA) of 1982, as prevent loss of containment, shielding,
II. Rulemaking Procedure
amended, requires that ‘‘the Secretary and criticality control in the event of an
This rule is limited to the changes [of the Department of Energy] shall accident. If there is no loss of
contained in Amendment No. 3 to CoC establish a demonstration program, in containment, shielding, or criticality
No. 1032 and does not include other cooperation with the private sector, for control, the environmental impacts
aspects of the Holtec HI–STORM FW the dry storage of spent nuclear fuel at resulting from an accident would be
MPC Storage System design. The NRC is insignificant. This amendment does not
civilian nuclear power reactor sites,
using the ‘‘direct final rule procedure’’ reflect a significant change in design or
with the objective of establishing one or
to issue this amendment because it fabrication of the cask. In addition, any
more technologies that the [Nuclear
represents a limited and routine change resulting occupational exposure or
Regulatory] Commission may, by rule,
to an existing CoC that is expected to be offsite dose rates from the
approve for use at the sites of civilian
noncontroversial. Adequate protection implementation of Amendment No. 3
nuclear power reactors without, to the
of public health and safety continues to would remain well within the 10 CFR
maximum extent practicable, the need
be ensured. The amendment to the rule part 20 limits. Therefore, the proposed
for additional site-specific approvals by
will become effective on September 11, CoC changes will not result in any
the Commission.’’ Section 133 of the
2017. However, if the NRC receives radiological or non-radiological
NWPA states, in part, that ‘‘[the environmental impacts that significantly
significant adverse comments on this Commission] shall, by rule, establish
direct final rule by July 28, 2017, then differ from the environmental impacts
procedures for the licensing of any evaluated in the environmental
the NRC will publish a document that technology approved by the
withdraws this action and will assessment supporting the March 28,
Commission under Section 219(a) [sic: 2011, final rule. There will be no
subsequently address the comments 218(a)] for use at the site of any civilian
received in a final rule as a response to significant change in the types or
nuclear power reactor.’’ significant revisions in the amounts of
the companion proposed rule published To implement this mandate, the
in the Proposed Rule section of this any effluent released, no significant
Commission approved dry storage of increase in the individual or cumulative
issue of the Federal Register. Absent spent nuclear fuel in NRC-approved
significant modifications to the radiation exposure, and no significant
casks under a general license by increase in the potential for or
proposed revisions requiring publishing a final rule which added a
republication, the NRC will not initiate consequences from radiological
new subpart K in part 72 of title 10 of accidents.
a second comment period on this action. the Code of Federal Regulations (10
A significant adverse comment is a This direct final rule revises the
CFR) entitled, ‘‘General License for Holtec HI–STORM FW MPC Storage
comment where the commenter Storage of Spent Fuel at Power Reactor
explains why the rule would be System listing in 10 CFR 72.214 by
Sites’’ (55 FR 29181; July 18, 1990). This adding Amendment No. 3 to CoC No.
inappropriate, including challenges to rule also established a new subpart L in
the rule’s underlying premise or 1032. The amendment consists of the
10 CFR part 72 entitled, ‘‘Approval of changes previously described, as set
approach, or would be ineffective or Spent Fuel Storage Casks,’’ which
unacceptable without a change. A forth in the revised CoC and TSs. The
contains procedures and criteria for revised TSs are identified in the PSER.
comment is adverse and significant if: obtaining NRC approval of spent fuel The amended Holtec HI–STORM FW
(1) The comment opposes the rule and storage cask designs. The NRC MPC Storage System design, when used
provides a reason sufficient to require a subsequently issued a final rule on under the conditions specified in the
substantive response in a notice-and- March 28, 2011 (76 FR 17019), that CoC, the TSs, and the NRC’s regulations,
comment process. For example, a approved the Holtec HI–STORM FW will meet the requirements of 10 CFR
substantive response is required when: MPC Storage System design and added part 72; therefore, adequate protection
(a) The comment causes the NRC staff it to the list of NRC-approved cask of public health and safety will continue
to reevaluate (or reconsider) its position designs in 10 CFR 72.214 as CoC No. to be ensured. When this direct final
or conduct additional analysis; 1032. rule becomes effective, persons who
(b) The comment raises an issue hold a general license under 10 CFR
serious enough to warrant a substantive IV. Discussion of Changes
72.210 may load spent nuclear fuel into
response to clarify or complete the By letter dated December 18, 2015, Holtec HI–STORM FW MPC Storage
record; or Holtec submitted a request to the NRC System casks that meet the criteria of
(c) The comment raises a relevant to amend CoC No. 1032. Holtec Amendment No. 3 to CoC No. 1032
issue that was not previously addressed modified its request on April 22, 2016, under 10 CFR 72.212.
or considered by the NRC staff. and supplemented it on June 22, 2016,
(2) The comment proposes a change and August 22, 2016. The amendment V. Voluntary Consensus Standards
or an addition to the rule, and it is revises authorized contents to allow The National Technology Transfer
apparent that the rule would be burnup credit for fuel types in the MPC– and Advancement Act of 1995 (Pub. L.
ineffective or unacceptable without 37 and revises CoC Condition 8, which 104–113) requires that Federal agencies
incorporation of the change or addition. has been previously incorporated in use technical standards that are
(3) The comment causes the NRC staff Amendment No. 2 to CoC No. 1032. developed or adopted by voluntary
to make a change (other than editorial) As documented in the Preliminary consensus standards bodies unless the
to the rule, CoC, or Technical Safety Evaluation Report (PSER), the use of such a standard is inconsistent
rmajette on DSK2TPTVN1PROD with RULES
Specifications (TSs). NRC staff performed a detailed safety with applicable law or otherwise
For detailed instructions on filing evaluation of the proposed CoC impractical. In this direct final rule, the
comments, please see the companion amendment request. There are no NRC will revise the Holtec HI–STORM
proposed rule published in the significant changes to cask design FW MPC Storage System design listed
Proposed Rule section of this issue of requirements in the proposed CoC in 10 CFR 72.214. This action does not
the Federal Register. amendment. Considering the specific constitute the establishment of a
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![Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations 29229
frequently you would like to receive Amendment Number 2 Effective Date: Subtitle VII, Aviation Programs,
emails (daily, weekly, or monthly). November 7, 2016. describes in more detail the scope of the
Amendment Number 3 Effective Date: agency’s authority.
List of Subjects in 10 CFR Part 72 This rulemaking is promulgated
September 11, 2017.
Administrative practice and SAR Submitted by: Holtec under the authority described in
procedure, Criminal penalties, International, Inc. Subtitle VII, Part A, Subpart I, Section
Hazardous waste, Indians, SAR Title: Final Safety Analysis 40103. Under that section, the FAA is
Intergovernmental relations, Manpower Report for the Holtec International HI– charged with prescribing regulations to
training programs, Nuclear energy, STORM FW System. assign the use of the airspace necessary
Nuclear materials, Occupational safety Docket Number: 72–1032. to ensure the safety of aircraft and the
and health, Penalties, Radiation Certificate Expiration Date: June 12, efficient use of airspace. This regulation
protection, Reporting and recordkeeping 2031. is within the scope of that authority as
requirements, Security measures, Spent Model Number: HI–STORM FW it updates the using agency for restricted
fuel, Whistleblowing. MPC–37, MPC–89. areas R–3007A, R–3007B, R–3007C, and
For the reasons set out in the * * * * * R–3007D, Townsend, GA, to reflect the
preamble and under the authority of the current organization responsible for the
Dated at Rockville, Maryland, this 14th day restricted areas.
Atomic Energy Act of 1954, as amended; of June, 2017.
the Energy Reorganization Act of 1974, For the Nuclear Regulatory Commission. The Rule
as amended; the Nuclear Waste Policy Victor M. McCree, This rule amends title 14 Code of
Act of 1982, as amended; and 5 U.S.C. Federal Regulations (14 CFR) part 73 by
Executive Director for Operations.
552 and 553; the NRC is adopting the updating the using agency name for
[FR Doc. 2017–13514 Filed 6–27–17; 8:45 am]
following amendments to 10 CFR part restricted areas R–3007A, R–3007B, R–
72. BILLING CODE 7590–01–P
3007C, and R–3007D, Townsend, GA,
PART 72—LICENSING by removing the words ‘‘ANG,
REQUIREMENTS FOR THE Savannah Combat Readiness Training
DEPARTMENT OF TRANSPORTATION
INDEPENDENT STORAGE OF SPENT Center, GA’’ and adding the words
NUCLEAR FUEL, HIGH-LEVEL Federal Aviation Administration ‘‘USMC, Marine Corps Air Station
RADIOACTIVE WASTE, AND Beaufort, SC.’’ The name change reflects
REACTOR-RELATED GREATER THAN 14 CFR Part 73 the current organization assigned using
CLASS C WASTE agency responsibilities for the restricted
[Docket No. FAA–2017–0585; Airspace areas. This is an administrative change
Docket No. 17–ASO–13] that does not affect the boundaries,
■ 1. The authority citation for part 72
continues to read as follows: designated altitudes, or activities
Amendment of Multiple Restricted conducted within the restricted areas;
Authority: Atomic Energy Act of 1954, Areas; Townsend, GA
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
therefore, notice and public procedure
183, 184, 186, 187, 189, 223, 234, 274 (42 AGENCY: Federal Aviation under 5 U.S.C. 553(b) are unnecessary.
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, Administration (FAA), DOT. Regulatory Notices and Analyses
2099, 2111, 2201, 2210e, 2232, 2233, 2234, ACTION: Final rule.
2236, 2237, 2238, 2273, 2282, 2021); Energy The FAA has determined that this
Reorganization Act of 1974, secs. 201, 202, SUMMARY: This action updates the using action only involves an established
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); agency information for restricted areas body of technical regulations for which
National Environmental Policy Act of 1969 R–3007A, R–3007B, R–3007C, and R– frequent and routine amendments are
(42 U.S.C. 4332); Nuclear Waste Policy Act necessary to keep them operationally
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
3007D, Townsend, GA. This is an
administrative change to reflect the current. It, therefore: (1) Is not a
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), ‘‘significant regulatory action’’ under
10152, 10153, 10154, 10155, 10157, 10161, current organization tasked with using
10165(g), 10168, 10198(a)); 44 U.S.C. 3504 agency responsibilities for the restricted Executive Order 12866; (2) is not a
note. areas. It does not affect the boundaries, ‘‘significant rule’’ under DOT
designated altitudes, time of designation Regulatory Policies and Procedures (44
■ 2. In § 72.214, Certificate of or activities conducted within the FR 11034; February 26, 1979); and (3)
Compliance 1032 is revised to read as restricted areas. does not warrant preparation of a
follows: regulatory evaluation as the anticipated
DATES: Effective date: 0901 UTC,
impact is so minimal. Since this is a
§ 72.214 List of approved spent fuel October 12, 2017.
routine matter that only affects air traffic
storage casks. FOR FURTHER INFORMATION CONTACT: procedures and air navigation, it is
* * * * * Sean Hook, Airspace Policy Group, certified that this rule, when
Certificate Number: 1032. Office of Airspace Services, Federal promulgated, does not have a significant
Initial Certificate Effective Date: June Aviation Administration, 800 economic impact on a substantial
13, 2011, superseded by Amendment Independence Avenue SW., number of small entities under the
Number 0, Revision 1, on April 25, Washington, DC 20591; telephone: (202) criteria of the Regulatory Flexibility Act.
2016. 267–8783.
Amendment Number 0, Revision 1, SUPPLEMENTARY INFORMATION:
Environmental Review
Effective Date: April 25, 2016. The FAA has determined that this
rmajette on DSK2TPTVN1PROD with RULES
Amendment Number 1 Effective Date: Authority for This Rulemaking action of updating the using agency
December 17, 2014, superseded by The FAA’s authority to issue rules information for restricted areas R–
Amendment Number 1, Revision 1, on regarding aviation safety is found in 3007A, R–3007B, R–3007C, and R–
June 2, 2015. Title 49 of the United States Code. 3007D, Townsend, GA qualifies for
Amendment Number 1, Revision 1, Subtitle I, Section 106 describes the categorical exclusion under the National
Effective Date: June 2, 2015. authority of the FAA Administrator. Environmental Policy Act in accordance
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Document Created: 2017-06-28 01:10:26
Document Modified: 2017-06-28 01:10:26
| 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 | This direct final rule is effective September 11, 2017, unless significant adverse comments are received by July 28, 2017. 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 | Vanessa Cox, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-8342; email: [email protected] | |
| FR Citation | 82 FR 29225 | |
| RIN Number | 3150-AK03 | |
| 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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