83 FR 63794 - List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment Nos. 11 and 12

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range		63794-63799
FR Document		2018-26877
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI- STORM 100 Multipurpose Canister Cask System (HI-STORM 100 System) listing within the ``List of approved spent fuel storage casks'' to include Amendment Nos. 11 and 12 to Certificate of Compliance No. 1014. Amendment Nos. 11 and 12 revise multiple items in the Technical Specifications for multi-purpose canister models listed under Certificate of Compliance No. 1014; most of these revisions involve changes to the authorized contents. In addition, Amendment No. 11 makes several other editorial changes.
Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Pages 63794-63799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26877]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2018-0221]
RIN 3150-AK18


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Multipurpose Canister Cask System, Certificate of 
Compliance No. 1014, Amendment Nos. 11 and 12

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International HI-
STORM 100 Multipurpose Canister Cask System (HI-STORM 100 System) 
listing within the ``List of approved spent fuel storage casks'' to 
include Amendment Nos. 11 and 12 to Certificate of Compliance No. 1014. 
Amendment Nos. 11 and 12 revise multiple items in the Technical 
Specifications for multi-purpose canister models listed under 
Certificate of Compliance No. 1014; most of these revisions involve 
changes to the authorized contents. In addition, Amendment No. 11 makes 
several other editorial changes.

DATES: This direct final rule is effective February 25, 2019, unless 
significant adverse comments are received by January 11, 2019. If this 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register 
(FR). Comments received after this date will be considered if it is 
practical to do so, but the NRC 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 FR.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0221. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals 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: Yen-Ju Chen, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Vanessa Cox, Office of Nuclear Material Safety and 
Safeguards; telephone: 301-415-8342; email: [email protected]. Both 
are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

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-2018-0221 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0221.
     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 ``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-2018-0221 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. Rulemaking Procedure

    This rule is limited to the changes contained in Amendment Nos. 11 
and No. 12 to Certificate of Compliance No. 1014 and does not include 
other aspects of the Holtec International HI-STORM 100 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 Certificate of Compliance that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendments to the rule will become

[[Page 63795]]

effective on February 25, 2019. However, if the NRC receives 
significant adverse comments on this direct final rule by January 11, 
2019, 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 
Rules section of this issue of the FR. 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, Certificate of Compliance, or Technical 
Specifications.
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rule section of this 
issue of the FR.

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 that added a new subpart K in part 72 of Title 
10 of the Code of Federal Regulations (10 CFR) entitled, ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 System design and added it to the list of NRC-approved cask 
designs in Sec.  72.214 as Certificate of Compliance No. 1014.

IV. Discussion of Changes

    Holtec International submitted a request to the NRC to amend 
Certificate of Compliance No. 1014 in a letter dated January 29, 2016, 
and supplemented its request on February 16, 2016; June 6, 2016; 
December 22, 2016; April 22, 2016; September 8, 2017; November 10, 
2017; and December 21, 2017. This revised Certificate of Compliance was 
denoted as Amendment No. 11 to Certificate of Compliance No. 1014. The 
revisions to Amendment No. 11 involve the following changes to the 
authorized contents:
    1. Increase the per-storage location weight limit for cells 
authorized for damaged fuel containers in multipurpose canisters (MPCs) 
MPC-68, MPC-68FF, and MPC-68M in the HI-STORM 100 storage system.
    2. Change surveillance requirements for casks with certain heat 
loads as specified in the Technical Specifications.
    3. Allow the storage of higher average initial enrichment weight 
percent uranium (U)-235 fuel with low enriched Chalk River unidentified 
deposits-induced localized corrosion fuel.
    4. Increase the enrichment limit for 10x10G boiling water reactor 
fuel assemblies from 4.6 weight percent U-235 to 4.75 weight percent U-
235.
    5. Change the minimum soluble boron concentration limits for the 
17x17A pressurized water reactor fuel assemblies in MPC-32.
    6. Increase the burnup limit to accommodate non-fuel hardware 
consisting of neutron source assemblies in combination with other 
control components.
    7. Add thoria rods/canister as contents for the MPC-68M.
    8. Add a second permissible composition for thoria rods for all 
MPC-68 models. The new thoria rod composition is made of 98.5 weight 
percent thorium dioxide and 1.5 weight percent uranium oxide. The 
maximum enrichment of U-235 in uranium oxide is 93.5 weight percent.
    Amendment No. 11 also makes the following editorial changes:
    1. Clarify heat load limits and drying methods in Appendix A, Table 
3-1.
    2. Include NUREG-0612, ``Control of Heavy Loads at Nuclear Power 
Plants: Resolution of Generic Technical Activity A-36.'' as a basis for 
stress limits.
    3. Remove manufacturer's tolerance in Appendix B, Tables 2.1-2 and 
2.1-3.
    4. Clarify dose evaluation for stainless steel replacement and 
dummy rods in Appendix B, Tables 2.1-2 and 2.1-3.
    Holtec International submitted another request to the NRC to amend 
Certificate of Compliance No. 1014 in a letter dated June 14, 2016, and 
supplemented its request on July 22, 2016; November 4, 2016; August 25, 
2017; November 10, 2017; and December 22, 2017. This revised 
Certificate of Compliance was denoted as Amendment No. 12 to 
Certificate of Compliance No. 1014. The revisions to Amendment No. 12 
involve the following changes to the authorized contents:
    1. Add a new regionalized quarter-symmetric heat load pattern for 
MPC-68M and allow fuel that has been cooled for at least 2 years to be 
stored in the MPC-68M.
    2. Allow the storage of damaged fuel and fuel debris in damaged 
fuel containers under the new regionalized quarter-symmetric heat load 
pattern.
    3. Add a new duplex stainless steel as an allowed material for the 
MPC confinement boundary in the HI-STORM 100 system.
    4. Add cyclic vacuum drying for all MPCs.
    5. Update coefficients for burnup calculation equations for fuel 
assemblies with cooling time of 2 through 40 years.
    As documented in the Preliminary Safety Evaluation Reports for 
Amendment Nos. 11 and 12, the NRC performed detailed safety evaluations 
of the Certificate of Compliance amendment requests. There are no 
significant changes to cask design requirements in the Certificate of

[[Page 63796]]

Compliance amendments. 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. These amendments do 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 Nos. 11 and 12 would remain well within the 10 CFR part 20 
limits. There will be no significant change in the types or 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 International HI-STORM 
100 System listing in Sec.  72.214 by adding Amendment Nos. 11 and 12 
to Certificate of Compliance No. 1014. The amendments consist of the 
changes previously described, as set forth in the revised Certificate 
of Compliance and Technical Specifications. The revised technical 
specifications are identified in the preliminary safety evaluation 
report.
    The amended Holtec International HI-STORM 100 cask design, when 
used under the conditions specified in the Certificate of Compliance, 
the Technical Specifications, and 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 
Sec.  72.210 may, consistent with the license conditions under Sec.  
72.212, load spent nuclear fuel into Holtec International HI-STORM 100 
System casks that meet the criteria of Amendment Nos. 11 and 12 to 
Certificate of Compliance No. 1014.

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 100 System design listed in Sec.  
72.214. 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 the 
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 Sec.  72.214 to revise the Holtec 
International HI-STORM 100 System listing within the ``List of approved 
spent fuel storage casks'' to include Amendment Nos. 11 and 12 to 
Certificate of Compliance No. 1014. 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 Certificate of Compliance for the 
Holtec International HI-STORM 100 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 Nos. 11 and 12 update the Certificate of 
Compliance as described in Section IV, ``Discussion of Changes,'' of 
this document, for the use of the Holtec International HI-STORM 100 
System.

C. Environmental Impacts of the Action

    On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was initially 
analyzed in the environmental assessment for the 1990 final rule. The 
environmental assessments for Amendment Nos. 11 and 12 tier 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 of 1969, as amended.
    The Holtec International HI-STORM 100 System is designed to 
mitigate the effects of design basis accidents that could occur during 
storage. Design basis accidents account for human-induced events and 
the most severe natural phenomena reported for the site and surrounding 
area. Postulated accidents analyzed for an independent spent fuel 
storage installation, the type of facility at which a holder of a power 
reactor operating license would store spent fuel in casks in accordance 
with 10 CFR part 72, include tornado winds and tornado-generated 
missiles, a design basis earthquake, a design basis flood, an 
accidental cask drop, lightning effects, fire, explosions, and other 
incidents.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of confinement, 
shielding, and criticality control in the event of an accident. If 
there is no loss of confinement, shielding, or criticality control, the 
environmental impacts resulting from an accident would be 
insignificant. These amendments do not reflect a significant change in 
design or fabrication of the cask.
    There are no significant changes to cask design requirements in the 
Certificate of Compliance amendments. In addition, because there are no 
significant design or process changes, any resulting occupational 
exposure or offsite dose rates from the implementation of Amendment 
Nos. 11 and 12 would remain well within the 10 CFR part 20 limits. 
Therefore, the

[[Page 63797]]

Certificate of Compliance 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 
documented its safety findings in the preliminary safety evaluation 
reports for Amendment Nos. 11 and 12.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment 
Nos. 11 and 12 and end the direct final rule. Consequently, any 10 CFR 
part 72 general licensee that seeks to load spent nuclear fuel into a 
Holtec International HI-STORM 100 System cask in accordance with the 
changes described in Amendment Nos. 11 and 12 would have to request an 
exemption from the requirements of Sec. Sec.  72.212 and 72.214. Under 
this alternative, interested licensees would have to prepare, and the 
NRC would have to review, a separate exemption request, thereby 
increasing the administrative burden upon the NRC and the costs to each 
licensee. Therefore, the environmental impacts would be the same or 
less than the proposed action.

E. Alternative Use of Resources

    Approval of Amendment Nos. 11 and 12 to Certificate of Compliance 
No. 1014 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 the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 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 100 Multipurpose Canister Cask 
System,'' 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 Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget, 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 
Office of Management and Budget control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this 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 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 (Sec.  
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 Certificate of 
Compliance, and the conditions of the general license are met. A list 
of NRC-approved cask designs is contained in Sec.  72.214. On May 1, 
2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72 that 
approved the Holtec International HI-STORM 100 System design by adding 
it to the list of NRC-approved cask designs in Sec.  72.214.
    On January 29, 2016, (supplemented on February 16, 2016; June 6, 
2016; December 22, 2016; April 22, 2016; September 8, 2017; November 
10, 2017; and December 21, 2017) and June 14, 2016, (supplemented on 
July 22, 2016; November 4, 2016; August 25, 2017; November 10, 2017; 
and December 22, 2017, Holtec International submitted applications to 
amend the HI-STORM 100 System as described in Section IV, ``Discussion 
of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
Nos. 11 and 12 and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into a Holtec International HI-STORM 
100 System cask under the changes described in Amendment Nos. 11 and 12 
to request an exemption from the requirements of Sec. Sec.  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 preliminary safety evaluation 
reports and 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 (Sec.  72.62) does not 
apply to this direct final rule. Therefore, a backfit analysis is not 
required. This direct final rule revises Certificate of Compliance No. 
1014 for the Holtec International HI-STORM 100 System, as currently 
listed in Sec.  72.214, ``List of approved spent fuel storage casks.'' 
The revision consists of adding Amendment Nos. 11 and 12, which revise 
the Certificate of Compliance's Technical Specifications as described 
in Section IV, ``Discussion of Changes,'' of this document.
    Amendment Nos. 11 and 12 to Certificate of Compliance No. 1014 for 
the Holtec International HI-STORM 100 System were initiated by Holtec 
International and were not submitted in response to new NRC 
requirements, or an NRC request for amendment. Amendment Nos. 11 and 12 
apply only to new casks fabricated and used under Amendment Nos. 11 and 
12. These changes do not affect existing users of the Holtec 
International HI-STORM 100 System, and the current Amendment

[[Page 63798]]

No. 10 continues to be effective for existing users. While current 
Certificate of Compliance users may comply with the new requirements in 
Amendment Nos. 11 and 12, this would be a voluntary decision on the 
part of current users.
    For these reasons, Amendment Nos. 11 and 12 to Certificate of 
Compliance No. 1014 do not constitute backfitting under Sec.  72.62 or 
Sec.  50.109(a)(1), or otherwise represent an inconsistency with the 
issue finality provisions applicable to combined licenses in 10 CFR 
part 52. Accordingly, the NRC has not prepared a backfit analysis for 
this rulemaking.

XIII. Congressional Review Act

    This direct final rule is not 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 through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                                        ADAMS accession
                                                          No./weblink/
                       Document                         Federal Register
                                                            citation
------------------------------------------------------------------------
Subpart K of 10 CFR part 72, ``General License for           55 FR 29181
 Storage of Spent Fuel at Power Reactor Sites''......
10 CFR part 72, ``List of Approved Spent Fuel Storage        65 FR 25241
 Casks: Holtec HI-STORM 100 Addition''...............
Letter from Holtec International to NRC, ``Holtec            ML16029A528
 International HI-STORM 100 Multipurpose Canister
 Storage System Amendment Request 1014-11'' dated
 January 29, 2016....................................
Letter from Holtec International to NRC, ``Supporting        ML16069A246
 Information for License Amendment Request 11 (1014-
 11) to the HI-STORM 100 CoC'' dated February 16,
 2016. (This letter contains five enclosures, and
 Enclosures 1 through 4 are proprietary information
 and not publicly available.)........................
Letter from Holtec International to NRC,                     ML16159A344
 ``Transmittal of Requests for Supplemental
 Information Responses Supporting HI-STORM 100
 License Amendment Request 1014-11'' dated June 6,
 2016................................................
Letter from Holtec International to NRC, ``Submittal         ML17005A236
 of Responses to NRC's Requests for Additional
 Information for HI-STORM 100 License Amendment
 Request 1014-11'' dated December 22, 2016...........
Letter from Holtec International to NRC,                     ML16113A394
 ``Modification to Requested Changes on HI-STORM 100
 Amendment 11 Request'' dated April 22, 2016.........
Letter from Holtec International to NRC, ``Submittal         ML17261A159
 of Responses to NRC's 2nd Round Requests for
 Additional Information for HI-STORM 100 License
 Amendment Request 1014-11'' dated September 8, 2017.
Letter from Holtec International to NRC, ``Submittal         ML17325A555
 of Supplemental Information on NRC's Requests for
 Additional Information for HI-STORM 100 License
 Amendment Request 1014-11'' dated November 10, 2017.
 (This package contains nine attachments, and
 Attachments 1, 6, 7, and 8 are proprietary
 information and not publicly available.)............
Letter from Holtec International to NRC, ``Submittal         ML17362A113
 of Revised Supplemental Information on NRC's
 Requests for Additional Information for HI-STORM 100
 License Amendment Request 1014-11'' dated December
 21, 2017............................................
User Need Memorandum for Rulemaking for the Holtec           ML18141A568
 International HI-STORM 100 Cask System, Amendment 11
Proposed Certificate of Compliance 1014, Amendment           ML18141A561
 11, Certificate of Compliance for Spent Fuel Storage
 Casks...............................................
Proposed Certificate of Compliance 1014, Amendment           ML18141A562
 11, Technical Specifications, Appendix A............
Proposed Certificate of Compliance 1014, Amendment           ML18141A563
 11, Approved Contents and Design Features, Appendix
 B...................................................
Proposed Certificate of Compliance 1014, Amendment           ML18141A564
 11, Technical Specifications, Appendix A-100U.......
Proposed Certificate of Compliance 1014, Amendment           ML18141A565
 11, Approved Contents and Design Features, Appendix
 B-100U..............................................
Certificate of Compliance 1014, Amendment 11,                ML18141A567
 Preliminary Safety Evaluation Report................
Letter from Holtec International to NRC, ``Holtec            ML16169A363
 International HI-STORM 100 Multipurpose Canister
 Storage System Amendment Request 1014-12'' dated
 June 14, 2016.......................................
Letter from Holtec International to NRC, ``Holtec            ML16210A133
 International HI-STORM 100 Multipurpose Canister
 Storage System Amendment Request 1014-12 Supporting
 Calculation Packages'' dated July 22, 2016. (This
 package contains four attachments, and Attachments 1
 through 3 are proprietary information and not
 publicly available.)................................
Letter from Holtec International to NRC, ``HI-STORM          ML16313A216
 100 Amendment 12 Responses to Requests for
 Supplemental Information'' dated November 4, 2016.
 (This package contains five attachments, and
 Attachment 4 is proprietary information and not
 publicly available.)................................
Holtec International Final Safety Analysis Report for        ML16138A100
 the HI-STORM 100 Cask System, Revision 13 dated
 March 31, 2016......................................
Letter from Holtec International to NRC, ``Submittal         ML17251A739
 of Responses to NRC's Requests for Additonal
 Information for HI-STORM 100 License Amendment
 Request 1014-12'' dated August 25, 2017. (This
 package contains 13 attachments, and Attachments 1,
 5, 7, 8, 9, 10, 11, and 12 are proprietary
 information and not publicly available.)............
Letter from Holtec International to NRC, ``Submittal         ML17261A159
 of Responses to NRC's 2nd Round Requests for
 Additional Information for HI-STORM 100 License
 Amendment Request 1014-11'' dated September 8, 2017.
 (This package contains seven attachments, and
 Attachments 1, 5, and 6 are proprietary information
 and not publicly available.)........................
Letter from Holtec International to NRC, ``Submittal         ML17326A174
 of Supplemental Information on NRC's Requests for
 Additional Information for HI-STORM 100 License
 Amendment Request 1014-12'' dated November 10, 2017.
 (This package contains six attachments, and
 Attachment 1 is proprietary information and not
 publicly available.)................................
Letter from Holtec International to NRC, ``Submittal         ML17362A130
 of Revised Supplemental Information on NRC's
 Requests for Additional Information for HI-STORM 100
 License Amendment Request 1014-12'' dated December
 22, 2017............................................
User Need Memorandum for Rulemaking for the Holtec           ML18087A056
 International HI-STORM 100 Cask System, Amendment 12
Proposed Certificate of Compliance 1014, Amendment           ML18087A057
 12, Certificate of Compliance for Spent Fuel Storage
 Casks...............................................
Proposed Certificate of Compliance 1014, Amendment           ML18087A058
 12, Technical Specifications, Appendix A............
Proposed Certificate of Compliance 1014, Amendment           ML18087A059
 12, Approved Contents and Design Features, Appendix
 B...................................................
Proposed Certificate of Compliance 1014, Amendment           ML18087A060
 12, Technical Specifications, Appendix A-100U.......
Proposed Certificate of Compliance 1014, Amendment           ML18087A061
 12, Approved Contents and Design Features, Appendix
 B-100U..............................................
Certificate of Compliance 1014, Amendment 12,                ML18087A062
 Preliminary Safety Evaluation Report................
------------------------------------------------------------------------


[[Page 63799]]

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0221. The Federal 
Rulemaking website allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2018-0221); (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, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, 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 1014 is revised to read 
as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1014.
    Initial Certificate Effective Date: May 31, 2000.
    Amendment Number 1 Effective Date: July 15, 2002.
    Amendment Number 2 Effective Date: June 7, 2005.
    Amendment Number 3 Effective Date: May 29, 2007.
    Amendment Number 4 Effective Date: January 8, 2008.
    Amendment Number 5 Effective Date: July 14, 2008.
    Amendment Number 6 Effective Date: August 17, 2009.
    Amendment Number 7 Effective Date: December 28, 2009.
    Amendment Number 8 Effective Date: May 2, 2012, as corrected on 
November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by 
Amendment Number 8, Revision 1, Effective Date: February 16, 2016.
    Amendment Number 8, Revision 1, Effective Date: February 16, 2016.
    Amendment Number 9 Effective Date: March 11, 2014, superseded by 
Amendment Number 9, Revision 1, on March 21, 2016.
    Amendment Number 9, Revision 1, Effective Date: March 21, 2016, as 
corrected (ADAMS Accession No. ML17236A451).
    Amendment Number 10 Effective Date: May 31, 2016, as corrected 
(ADAMS Accession No. ML17236A452).
    Amendment Number 11 Effective Date: February 25, 2019.
    Amendment Number 12 Effective Date: February 25, 2019.
    Safety Analysis Report Submitted by: Holtec International.
    Safety Anaylsis Report Title: Final Safety Analysis Report for the 
HI-STORM 100 Cask System.
    Docket Number: 72-1014.
    Certificate Expiration Date: May 31, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 29th day of November 2018.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-26877 Filed 12-11-18; 8:45 am]
 BILLING CODE 7590-01-P
Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations 63795

effective on February 25, 2019. the Commission.’’ Section 133 of the 6. Increase the burnup limit to
However, if the NRC receives significant NWPA states, in part, that ‘‘[the accommodate non-fuel hardware
adverse comments on this direct final Commission] shall, by rule, establish consisting of neutron source assemblies
rule by January 11, 2019, then the NRC procedures for the licensing of any in combination with other control
will publish a document that withdraws technology approved by the components.
this action and will subsequently Commission under Section 219(a) [sic: 7. Add thoria rods/canister as
address the comments received in a 218(a)] for use at the site of any civilian contents for the MPC–68M.
final rule as a response to the nuclear power reactor.’’ 8. Add a second permissible
companion proposed rule published in To implement this mandate, the composition for thoria rods for all
the Proposed Rules section of this issue Commission approved dry storage of MPC–68 models. The new thoria rod
of the FR. Absent significant spent nuclear fuel in NRC-approved composition is made of 98.5 weight
modifications to the proposed revisions casks under a general license by percent thorium dioxide and 1.5 weight
requiring republication, the NRC will publishing a final rule that added a new percent uranium oxide. The maximum
not initiate a second comment period on subpart K in part 72 of Title 10 of the enrichment of U-235 in uranium oxide
this action. Code of Federal Regulations (10 CFR) is 93.5 weight percent.
A significant adverse comment is a entitled, ‘‘General License for Storage of Amendment No. 11 also makes the
comment where the commenter Spent Fuel at Power Reactor Sites’’ (55 following editorial changes:
explains why the rule would be FR 29181; July 18, 1990). This rule also 1. Clarify heat load limits and drying
inappropriate, including challenges to established a new subpart L in 10 CFR methods in Appendix A, Table 3–1.
the rule’s underlying premise or part 72 entitled, ‘‘Approval of Spent 2. Include NUREG–0612, ‘‘Control of
approach, or would be ineffective or Fuel Storage Casks,’’ which contains Heavy Loads at Nuclear Power Plants:
unacceptable without a change. A procedures and criteria for obtaining Resolution of Generic Technical
comment is adverse and significant if: NRC approval of spent fuel storage cask Activity A–36.’’ as a basis for stress
(1) The comment opposes the rule and designs. The NRC subsequently issued a limits.
provides a reason sufficient to require a final rule on May 1, 2000 (65 FR 25241), 3. Remove manufacturer’s tolerance in
substantive response in a notice-and- that approved the Holtec International Appendix B, Tables 2.1–2 and 2.1–3.
comment process. For example, a HI–STORM 100 System design and 4. Clarify dose evaluation for stainless
substantive response is required when: added it to the list of NRC-approved steel replacement and dummy rods in
(a) The comment causes the NRC staff cask designs in § 72.214 as Certificate of Appendix B, Tables 2.1–2 and 2.1–3.
to reevaluate (or reconsider) its position Compliance No. 1014. Holtec International submitted
or conduct additional analysis; another request to the NRC to amend
(b) The comment raises an issue IV. Discussion of Changes Certificate of Compliance No. 1014 in a
serious enough to warrant a substantive Holtec International submitted a letter dated June 14, 2016, and
response to clarify or complete the request to the NRC to amend Certificate supplemented its request on July 22,
record; or of Compliance No. 1014 in a letter dated 2016; November 4, 2016; August 25,
(c) The comment raises a relevant January 29, 2016, and supplemented its 2017; November 10, 2017; and
issue that was not previously addressed request on February 16, 2016; June 6, December 22, 2017. This revised
or considered by the NRC staff. 2016; December 22, 2016; April 22, Certificate of Compliance was denoted
(2) The comment proposes a change 2016; September 8, 2017; November 10, as Amendment No. 12 to Certificate of
or an addition to the rule, and it is 2017; and December 21, 2017. This Compliance No. 1014. The revisions to
apparent that the rule would be revised Certificate of Compliance was Amendment No. 12 involve the
ineffective or unacceptable without denoted as Amendment No. 11 to following changes to the authorized
incorporation of the change or addition. Certificate of Compliance No. 1014. The contents:
(3) The comment causes the NRC staff revisions to Amendment No. 11 involve 1. Add a new regionalized quarter-
to make a change (other than editorial) the following changes to the authorized symmetric heat load pattern for
to the rule, Certificate of Compliance, or contents: MPC–68M and allow fuel that has been
Technical Specifications. 1. Increase the per-storage location cooled for at least 2 years to be stored
For detailed instructions on filing weight limit for cells authorized for in the MPC–68M.
comments, please see the companion damaged fuel containers in 2. Allow the storage of damaged fuel
proposed rule published in the multipurpose canisters (MPCs) MPC–68, and fuel debris in damaged fuel
Proposed Rule section of this issue of MPC–68FF, and MPC–68M in the containers under the new regionalized
the FR. HI–STORM 100 storage system. quarter-symmetric heat load pattern.
2. Change surveillance requirements 3. Add a new duplex stainless steel as
III. Background
for casks with certain heat loads as an allowed material for the MPC
Section 218(a) of the Nuclear Waste specified in the Technical confinement boundary in the
Policy Act (NWPA) of 1982, as Specifications. HI–STORM 100 system.
amended, requires that ‘‘the Secretary 3. Allow the storage of higher average 4. Add cyclic vacuum drying for all
[of the Department of Energy] shall initial enrichment weight percent MPCs.
establish a demonstration program, in uranium (U)-235 fuel with low enriched 5. Update coefficients for burnup
cooperation with the private sector, for Chalk River unidentified deposits- calculation equations for fuel assemblies
the dry storage of spent nuclear fuel at induced localized corrosion fuel. with cooling time of 2 through 40 years.
civilian nuclear power reactor sites, 4. Increase the enrichment limit for As documented in the Preliminary
with the objective of establishing one or 10x10G boiling water reactor fuel Safety Evaluation Reports for
amozie on DSK3GDR082PROD with RULES

more technologies that the [Nuclear assemblies from 4.6 weight percent Amendment Nos. 11 and 12, the NRC
Regulatory] Commission may, by rule, U-235 to 4.75 weight percent U-235. performed detailed safety evaluations of
approve for use at the sites of civilian 5. Change the minimum soluble boron the Certificate of Compliance
nuclear power reactors without, to the concentration limits for the 17x17A amendment requests. There are no
maximum extent practicable, the need pressurized water reactor fuel significant changes to cask design
for additional site-specific approvals by assemblies in MPC–32. requirements in the Certificate of

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63796 Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations

Compliance amendments. Considering VI. Agreement State Compatibility design within the list of approved spent
the specific design requirements for Under the ‘‘Policy Statement on fuel storage casks that power reactor
each accident condition, the design of Adequacy and Compatibility of licensees can use to store spent fuel at
the cask would prevent loss of Agreement State Programs’’ approved by reactor sites under a general license.
containment, shielding, and criticality the Commission on June 30, 1997, and Specifically, Amendment Nos. 11 and
control in the event of an accident. published in the Federal Register on 12 update the Certificate of Compliance
These amendments do not reflect a September 3, 1997 (62 FR 46517), this as described in Section IV, ‘‘Discussion
significant change in design or rule is classified as Compatibility of Changes,’’ of this document, for the
fabrication of the cask. In addition, any Category ‘‘NRC.’’ Compatibility is not use of the Holtec International
resulting occupational exposure or required for Category ‘‘NRC’’ HI–STORM 100 System.
offsite dose rates from the regulations. The NRC program elements C. Environmental Impacts of the Action
implementation of Amendment Nos. 11 in this category are those that relate
and 12 would remain well within the 10 On July 18,1990 (55 FR 29181), the
directly to areas of regulation reserved NRC issued an amendment to 10 CFR
CFR part 20 limits. There will be no to the NRC by the Atomic Energy Act of part 72 to provide for the storage of
significant change in the types or 1954, as amended, or the provisions of spent fuel under a general license in
amounts of any effluent released, no 10 CFR. Although an Agreement State cask designs approved by the NRC. The
significant increase in the individual or may not adopt program elements potential environmental impact of using
cumulative radiation exposure, and no reserved to the NRC, and the Category NRC-approved storage casks was
significant increase in the potential for ‘‘NRC’’ does not confer regulatory initially analyzed in the environmental
or consequences from radiological authority on the State, the State may assessment for the 1990 final rule. The
accidents. wish to inform its licensees of certain environmental assessments for
This direct final rule revises the requirements by means consistent with Amendment Nos. 11 and 12 tier off of
Holtec International HI–STORM 100 the particular State’s administrative the environmental assessment for the
System listing in § 72.214 by adding procedure laws. July 18, 1990, final rule. Tiering on past
Amendment Nos. 11 and 12 to VII. Plain Writing environmental assessments is a standard
Certificate of Compliance No. 1014. The process under the National
The Plain Writing Act of 2010 Environmental Policy Act of 1969, as
amendments consist of the changes
(Pub. L. 111–274) requires Federal amended.
previously described, as set forth in the
agencies to write documents in a clear, The Holtec International HI–STORM
revised Certificate of Compliance and
concise, and well-organized manner. 100 System is designed to mitigate the
Technical Specifications. The revised
The NRC has written this document to effects of design basis accidents that
technical specifications are identified in
be consistent with the Plain Writing Act could occur during storage. Design basis
the preliminary safety evaluation report.
as well as the Presidential accidents account for human-induced
The amended Holtec International Memorandum, ‘‘Plain Language in events and the most severe natural
HI–STORM 100 cask design, when used Government Writing,’’ published June phenomena reported for the site and
under the conditions specified in the 10, 1998 (63 FR 31883). surrounding area. Postulated accidents
Certificate of Compliance, the Technical
VIII. Environmental Assessment and analyzed for an independent spent fuel
Specifications, and NRC’s regulations,
Finding of No Significant storage installation, the type of facility
will meet the requirements of 10 CFR
Environmental Impact at which a holder of a power reactor
part 72; therefore, adequate protection
operating license would store spent fuel
of public health and safety will continue A. The Action in casks in accordance with 10 CFR part
to be ensured. When this direct final
The action is to amend § 72.214 to 72, include tornado winds and tornado-
rule becomes effective, persons who
revise the Holtec International generated missiles, a design basis
hold a general license under § 72.210
HI–STORM 100 System listing within earthquake, a design basis flood, an
may, consistent with the license
the ‘‘List of approved spent fuel storage accidental cask drop, lightning effects,
conditions under § 72.212, load spent
casks’’ to include Amendment Nos. 11 fire, explosions, and other incidents.
nuclear fuel into Holtec International Considering the specific design
and 12 to Certificate of Compliance No.
HI–STORM 100 System casks that meet requirements for each accident
1014. Under the National
the criteria of Amendment Nos. 11 and condition, the design of the cask would
Environmental Policy Act of 1969, as
12 to Certificate of Compliance No. prevent loss of confinement, shielding,
amended, and the NRC’s regulations in
1014. and criticality control in the event of an
subpart A of 10 CFR part 51,
V. Voluntary Consensus Standards ‘‘Environmental Protection Regulations accident. If there is no loss of
for Domestic Licensing and Related confinement, shielding, or criticality
The National Technology Transfer Regulatory Functions,’’ the NRC has control, the environmental impacts
and Advancement Act of 1995 (Pub. L. determined that this direct final rule, if resulting from an accident would be
104–113) requires that Federal agencies adopted, would not be a major Federal insignificant. These amendments do not
use technical standards that are action significantly affecting the quality reflect a significant change in design or
developed or adopted by voluntary of the human environment and, fabrication of the cask.
consensus standards bodies unless the therefore, an environmental impact There are no significant changes to
use of such a standard is inconsistent statement is not required. The NRC has cask design requirements in the
with applicable law or otherwise made a finding of no significant impact Certificate of Compliance amendments.
impractical. In this direct final rule, the on the basis of this environmental In addition, because there are no
amozie on DSK3GDR082PROD with RULES

NRC will revise the Holtec International assessment. significant design or process changes,
HI–STORM 100 System design listed in any resulting occupational exposure or
§ 72.214. This action does not constitute B. The Need for the Action offsite dose rates from the
the establishment of a standard that This direct final rule amends the implementation of Amendment Nos. 11
contains generally applicable Certificate of Compliance for the Holtec and 12 would remain well within the 10
requirements. International HI–STORM 100 System CFR part 20 limits. Therefore, the

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Certificate of Compliance changes will environmental impact statement is not applications to amend the HI–STORM
not result in any radiological or non- necessary for this direct final rule. 100 System as described in Section IV,
radiological environmental impacts that ‘‘Discussion of Changes,’’ of this
IX. Paperwork Reduction Act
significantly differ from the document.
Statement The alternative to this action is to
environmental impacts evaluated in the
environmental assessment supporting This direct final rule does not contain withhold approval of Amendment Nos.
the July 18, 1990, final rule. There will any new or amended collections of 11 and 12 and to require any 10 CFR
be no significant change in the types or information subject to the Paperwork part 72 general licensee seeking to load
significant revisions in the amounts of Reduction Act of 1995 (44 U.S.C. 3501 spent nuclear fuel into a Holtec
any effluent released, no significant et seq.). Existing collections of International HI–STORM 100 System
increase in the individual or cumulative information were approved by the cask under the changes described in
radiation exposure, and no significant Office of Management and Budget, Amendment Nos. 11 and 12 to request
increase in the potential for or approval number 3150–0132. an exemption from the requirements of
consequences from radiological §§ 72.212 and 72.214. Under this
Public Protection Notification
accidents. The NRC documented its alternative, each interested 10 CFR part
safety findings in the preliminary safety The NRC may not conduct or sponsor, 72 licensee would have to prepare, and
evaluation reports for Amendment Nos. and a person is not required to respond the NRC would have to review, a
11 and 12. to a request for information or an separate exemption request, thereby
information collection requirement increasing the administrative burden
D. Alternative to the Action unless the requesting document upon the NRC and the costs to each
The alternative to this action is to displays a currently valid Office of licensee.
deny approval of Amendment Nos. 11 Management and Budget control Approval of this direct final rule is
and 12 and end the direct final rule. number. consistent with previous NRC actions.
Consequently, any 10 CFR part 72 Further, as documented in the
X. Regulatory Flexibility Certification
general licensee that seeks to load spent preliminary safety evaluation reports
nuclear fuel into a Holtec International Under the Regulatory Flexibility Act and environmental assessment, this
HI–STORM 100 System cask in of 1980 (5 U.S.C. 605(b)), the NRC direct final rule will have no adverse
accordance with the changes described certifies that this direct final rule will effect on public health and safety or the
in Amendment Nos. 11 and 12 would not, if issued, have a significant environment. This direct final rule has
have to request an exemption from the economic impact on a substantial no significant identifiable impact or
requirements of §§ 72.212 and 72.214. number of small entities. This direct benefit on other Government agencies.
Under this alternative, interested final rule affects only nuclear power Based on this regulatory analysis, the
licensees would have to prepare, and plant licensees and Holtec International. NRC concludes that the requirements of
the NRC would have to review, a These entities do not fall within the this direct final rule are commensurate
separate exemption request, thereby scope of the definition of small entities with the NRC’s responsibilities for
increasing the administrative burden set forth in the Regulatory Flexibility public health and safety and the
upon the NRC and the costs to each Act or the size standards established by common defense and security. No other
licensee. Therefore, the environmental the NRC (§ 2.810). available alternative is believed to be as
impacts would be the same or less than satisfactory, and therefore, this action is
XI. Regulatory Analysis
the proposed action. recommended.
On July 18, 1990 (55 FR 29181), the
E. Alternative Use of Resources NRC issued an amendment to 10 CFR XII. Backfitting and Issue Finality
Approval of Amendment Nos. 11 and part 72 to provide for the storage of The NRC has determined that the
12 to Certificate of Compliance No. 1014 spent nuclear fuel under a general backfit rule (§ 72.62) does not apply to
would result in no irreversible license in cask designs approved by the this direct final rule. Therefore, a backfit
commitment of resources. NRC. Any nuclear power reactor analysis is not required. This direct final
licensee can use NRC-approved cask rule revises Certificate of Compliance
F. Agencies and Persons Contacted designs to store spent nuclear fuel if it No. 1014 for the Holtec International
No agencies or persons outside the notifies the NRC in advance, the spent HI–STORM 100 System, as currently
NRC were contacted in connection with fuel is stored under the conditions listed in § 72.214, ‘‘List of approved
the preparation of this environmental specified in the cask’s Certificate of spent fuel storage casks.’’ The revision
assessment. Compliance, and the conditions of the consists of adding Amendment Nos. 11
general license are met. A list of NRC- and 12, which revise the Certificate of
G. Finding of No Significant Impact approved cask designs is contained in Compliance’s Technical Specifications
The environmental impacts of the § 72.214. On May 1, 2000 (65 FR 25241), as described in Section IV, ‘‘Discussion
action have been reviewed under the the NRC issued an amendment to 10 of Changes,’’ of this document.
requirements in the National CFR part 72 that approved the Holtec Amendment Nos. 11 and 12 to
Environmental Policy Act of 1969, as International HI–STORM 100 System Certificate of Compliance No. 1014 for
amended, and the NRC’s regulations in design by adding it to the list of NRC- the Holtec International HI–STORM 100
subpart A of 10 CFR part 51. Based on approved cask designs in § 72.214. System were initiated by Holtec
the foregoing environmental assessment, On January 29, 2016, (supplemented International and were not submitted in
the NRC concludes that this direct final on February 16, 2016; June 6, 2016; response to new NRC requirements, or
rule entitled, ‘‘List of Approved Spent December 22, 2016; April 22, 2016; an NRC request for amendment.
amozie on DSK3GDR082PROD with RULES

Fuel Storage Casks: HOLTEC September 8, 2017; November 10, 2017; Amendment Nos. 11 and 12 apply only
International HI–STORM 100 and December 21, 2017) and June 14, to new casks fabricated and used under
Multipurpose Canister Cask System,’’ 2016, (supplemented on July 22, 2016; Amendment Nos. 11 and 12. These
will not have a significant effect on the November 4, 2016; August 25, 2017; changes do not affect existing users of
human environment. Therefore, the November 10, 2017; and December 22, the Holtec International HI–STORM 100
NRC has determined that an 2017, Holtec International submitted System, and the current Amendment

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63798 Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations

No. 10 continues to be effective for under § 72.62 or § 50.109(a)(1), or XIII. Congressional Review Act
existing users. While current Certificate otherwise represent an inconsistency This direct final rule is not a rule as
of Compliance users may comply with with the issue finality provisions defined in the Congressional Review
the new requirements in Amendment applicable to combined licenses in 10 Act.
Nos. 11 and 12, this would be a CFR part 52. Accordingly, the NRC has
voluntary decision on the part of current not prepared a backfit analysis for this XIV. Availability of Documents
users. rulemaking. The documents identified in the
For these reasons, Amendment Nos. following table are available to
11 and 12 to Certificate of Compliance interested persons through one or more
No. 1014 do not constitute backfitting of the following methods, as indicated.

ADAMS accession
No./weblink/
Document Federal Register
citation

Subpart K of 10 CFR part 72, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ ........................................ 55 FR 29181
10 CFR part 72, ‘‘List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition’’ ............................................. 65 FR 25241
Letter from Holtec International to NRC, ‘‘Holtec International HI–STORM 100 Multipurpose Canister Storage System
Amendment Request 1014–11’’ dated January 29, 2016 ......................................................................................................... ML16029A528
Letter from Holtec International to NRC, ‘‘Supporting Information for License Amendment Request 11 (1014–11) to the HI–
STORM 100 CoC’’ dated February 16, 2016. (This letter contains five enclosures, and Enclosures 1 through 4 are propri-
etary information and not publicly available.) ............................................................................................................................ ML16069A246
Letter from Holtec International to NRC, ‘‘Transmittal of Requests for Supplemental Information Responses Supporting HI–
STORM 100 License Amendment Request 1014–11’’ dated June 6, 2016 ............................................................................. ML16159A344
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s Requests for Additional Information for HI–
STORM 100 License Amendment Request 1014–11’’ dated December 22, 2016 .................................................................. ML17005A236
Letter from Holtec International to NRC, ‘‘Modification to Requested Changes on HI–STORM 100 Amendment 11 Request’’
dated April 22, 2016 ................................................................................................................................................................... ML16113A394
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s 2nd Round Requests for Additional Information
for HI–STORM 100 License Amendment Request 1014–11’’ dated September 8, 2017 ........................................................ ML17261A159
Letter from Holtec International to NRC, ‘‘Submittal of Supplemental Information on NRC’s Requests for Additional Informa-
tion for HI–STORM 100 License Amendment Request 1014–11’’ dated November 10, 2017. (This package contains nine
attachments, and Attachments 1, 6, 7, and 8 are proprietary information and not publicly available.) ................................... ML17325A555
Letter from Holtec International to NRC, ‘‘Submittal of Revised Supplemental Information on NRC’s Requests for Additional
Information for HI–STORM 100 License Amendment Request 1014–11’’ dated December 21, 2017 .................................... ML17362A113
User Need Memorandum for Rulemaking for the Holtec International HI–STORM 100 Cask System, Amendment 11 ............ ML18141A568
Proposed Certificate of Compliance 1014, Amendment 11, Certificate of Compliance for Spent Fuel Storage Casks .............. ML18141A561
Proposed Certificate of Compliance 1014, Amendment 11, Technical Specifications, Appendix A ............................................ ML18141A562
Proposed Certificate of Compliance 1014, Amendment 11, Approved Contents and Design Features, Appendix B ................. ML18141A563
Proposed Certificate of Compliance 1014, Amendment 11, Technical Specifications, Appendix A–100U ................................. ML18141A564
Proposed Certificate of Compliance 1014, Amendment 11, Approved Contents and Design Features, Appendix B–100U ...... ML18141A565
Certificate of Compliance 1014, Amendment 11, Preliminary Safety Evaluation Report ............................................................. ML18141A567
Letter from Holtec International to NRC, ‘‘Holtec International HI–STORM 100 Multipurpose Canister Storage System
Amendment Request 1014–12’’ dated June 14, 2016 .............................................................................................................. ML16169A363
Letter from Holtec International to NRC, ‘‘Holtec International HI–STORM 100 Multipurpose Canister Storage System
Amendment Request 1014–12 Supporting Calculation Packages’’ dated July 22, 2016. (This package contains four at-
tachments, and Attachments 1 through 3 are proprietary information and not publicly available.) .......................................... ML16210A133
Letter from Holtec International to NRC, ‘‘HI–STORM 100 Amendment 12 Responses to Requests for Supplemental Infor-
mation’’ dated November 4, 2016. (This package contains five attachments, and Attachment 4 is proprietary information
and not publicly available.) ........................................................................................................................................................ ML16313A216
Holtec International Final Safety Analysis Report for the HI–STORM 100 Cask System, Revision 13 dated March 31, 2016 .. ML16138A100
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s Requests for Additonal Information for HI–
STORM 100 License Amendment Request 1014–12’’ dated August 25, 2017. (This package contains 13 attachments,
and Attachments 1, 5, 7, 8, 9, 10, 11, and 12 are proprietary information and not publicly available.) .................................. ML17251A739
Letter from Holtec International to NRC, ‘‘Submittal of Responses to NRC’s 2nd Round Requests for Additional Information
for HI–STORM 100 License Amendment Request 1014–11’’ dated September 8, 2017. (This package contains seven at-
tachments, and Attachments 1, 5, and 6 are proprietary information and not publicly available.) ........................................... ML17261A159
Letter from Holtec International to NRC, ‘‘Submittal of Supplemental Information on NRC’s Requests for Additional Informa-
tion for HI–STORM 100 License Amendment Request 1014–12’’ dated November 10, 2017. (This package contains six
attachments, and Attachment 1 is proprietary information and not publicly available.) ............................................................ ML17326A174
Letter from Holtec International to NRC, ‘‘Submittal of Revised Supplemental Information on NRC’s Requests for Additional
Information for HI–STORM 100 License Amendment Request 1014–12’’ dated December 22, 2017 .................................... ML17362A130
User Need Memorandum for Rulemaking for the Holtec International HI–STORM 100 Cask System, Amendment 12 ............ ML18087A056
Proposed Certificate of Compliance 1014, Amendment 12, Certificate of Compliance for Spent Fuel Storage Casks .............. ML18087A057
Proposed Certificate of Compliance 1014, Amendment 12, Technical Specifications, Appendix A ............................................ ML18087A058
Proposed Certificate of Compliance 1014, Amendment 12, Approved Contents and Design Features, Appendix B ................. ML18087A059
Proposed Certificate of Compliance 1014, Amendment 12, Technical Specifications, Appendix A–100U ................................. ML18087A060
amozie on DSK3GDR082PROD with RULES

Proposed Certificate of Compliance 1014, Amendment 12, Approved Contents and Design Features, Appendix B–100U ...... ML18087A061
Certificate of Compliance 1014, Amendment 12, Preliminary Safety Evaluation Report ............................................................. ML18087A062

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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 February 25, 2019, unless significant adverse comments are received by January 11, 2019. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register (FR). Comments received after this date will be considered if it is practical to do so, but the NRC 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 FR.
Contact		Yen-Ju Chen, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-1018; email: Yen- [email protected] or Vanessa Cox, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-8342; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		83 FR 63794
RIN Number		3150-AK18
CFR Associated		Administrative Practice and Procedure; Hazardous Waste; Indians; Intergovernmental Relations; Nuclear Energy; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures and Whistleblowing