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contains regulatory documents having general

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Rules and Regulations Federal Register

52387 

Vol. 74, No. 196 

Tuesday, October 13, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI71 

[NRC–2009–0349] 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100 Revision 7 

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 100 dry cask 

storage system listing within the ‘‘List of 

Approved Spent Fuel Storage Casks’’ to 

include Amendment No. 7 to Certificate 

of Compliance (CoC) Number 1014. 

Amendment No. 7 will modify the CoC 

to add the HI–STORM 100U system to 

the HI–STORM 100 cask systems. The 

HI–STORM 100U system allows for the 

underground storage of dry spent 

nuclear fuel (SNF) by utilizing an 

underground vertical ventilated module 

(VVM) that can accept certain Holtec 

multipurpose canisters (MPCs) 

previously certified for storage of SNF 

in the aboveground HI–STORM system. 

The amendment also incorporates a 

mandatory radiation protection 

perimeter around the loaded VVMs. In 

addition, the amendment will reinstate 

the decay heat limits for damaged fuel 

and fuel debris in Appendix B, 

Technical Specification (TS) 2.4, for the 

aboveground system that had been 

inadvertently deleted from Amendment 

Nos. 5 and 6; incorporate separate TS 

Appendices A and B for the 

aboveground system (Apps. A and B) 

and for the HI–STORM 100U system 

(Apps. A–100U and B–100U); revise 

Appendix B, TS 3.4.5, to be consistent 

with the required system thermal 

boundary conditions, as submitted in 

the applicant’s safety analysis report for 

a fire accident condition, and with 

Holtec’s original (i.e., initial certificate 

application or Amendment 0) submittal 

and the NRC’s original safety evaluation 

report; and revise and add certain 

definitions in Appendix A, TS 1.1, to 

include the VVM. The amendment will 

also incorporate minor editorial 

corrections in the TS for the 

aboveground system. 

DATES: The final rule is effective 

December 28, 2009, unless significant 

adverse comments are received by 

November 12, 2009. 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. If the rule is withdrawn, timely 

notice will be published in the Federal 

Register. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2009–0349]. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR Reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. An electronic 

copy of the proposed CoC, TS, and 

preliminary safety evaluation report 

(SER) can be found under ADAMS 

Package Number ML091680333. 

CoC No. 1014, the TS, the preliminary 

SER, and the environmental assessment 

are available for inspection at the NRC 

PDR, Public File Area O–1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD. Single copies of 

these documents may be obtained from 

Neelam Bhalla, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6843, e-mail Neelam.Bhalla@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Neelam Bhalla, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6843, e-mail Neelam.Bhalla@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 218(a) of the Nuclear Waste 

Policy Act of 1982, as amended 

(NWPA), states that ‘‘[t]he Secretary [of 

the Department of Energy (DOE)] 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 ‘‘[t]he 

Commission shall, by rule, establish 

procedures for the licensing of any 

technology approved by the 

Commission under Section 218(a) for 

use at the site of any civilian nuclear 

power reactor.’’ 

To implement this mandate, the NRC 

approved dry storage of SNF in NRCapproved casks under a general license 

by publishing a final rule in 10 CFR Part 

72, which added a new Subpart K 

within 10 CFR Part 72, 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 within 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), 


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that approved the HI–STORM 100 cask 

design and added it to the list of NRCapproved cask designs in 10 CFR 72.214 

as CoC No. 1014. 

Discussion 

By letter dated April 27, 2007, and as 

supplemented on June 5, June 12, July 

14, December 19, 2008, January 16, 

January 21, February 6, April 6, April 

22, May 13, and June 23, 2009, Holtec 

submitted an application to the NRC 

that requested an amendment to CoC 

No. 1014. The amendment proposes to 

add the HI–STORM 100U system to the 

list of approved HI–STORM 100 cask 

systems. The HI–STORM 100U system 

allows for the underground storage of 

dry spent fuel by utilizing an 

underground VVM that can accept 

certain Holtec MPCs previously certified 

for storage in the Holtec aboveground 

overpacks. The fixed structure of the 

vertical storage cavity, identified by 

Holtec as the ‘‘Cavity Enclosure 

Container’’ (CEC), is made of a 

cylindrical container shell integrally 

welded to both a bottom plate and an 

upper container flange. A continuous 

weld between the container shell and 

the bottom plate is done to ensure that 

the CEC is completely sealed at its base. 

The constituent parts of the CEC are 

fabricated out of approximately 1-inch 

thick low-carbon steel plate and are 

coated with epoxy paint following 

fabrication. For installation in highly 

corrosive soils, the subsurface outer 

shell of the VVM would be encased in 

concrete for additional protection 

against corrosion. 

As installed in the subsurface, an 

individual VVM extends approximately 

5.8 meters (19 feet) below the ground 

surface and rests in a recess on a 

concrete support foundation of requisite 

thickness (0.61–0.91 meter) (2 to 3 feet). 

Engineered backfill surrounds the VVM 

for most of its subsurface interface. The 

VVM is capped by a massive steel and 

concrete ventilated closure lid that sits 

above the ground surface to about 0.74 

meters (approximately 29 inches), and 

prevents its horizontal shifting during 

design basis events. Internally, the CEC 

is equipped with a removable insulated 

divider shell and MPC bearing pads to 

help meet cask thermal performance 

requirements. Air inlets and outlets 

allow air to circulate naturally through 

the cavity to cool the MPC interior. All 

ventilation openings in the VVM are 

covered with stainless steel wire mesh 

to preclude the entry of small birds and 

mammals. 

The subterranean steel structure is 

seal welded to prevent ingress of any 

groundwater from the surrounding 

subgrade, and is mounted on a stiff 

foundation. The surrounding subgrade 

and a top surface pad provide 

significant radiation shielding. A loaded 

MPC is stored within the HI–STORM 

100U storage VVM in the vertical 

orientation. 

For the HI–STORM 100U 

underground system, the amendment 

also incorporates a mandatory radiation 

protection perimeter around the loaded 

VVMs. In Appendix B–100U, TS 3.4.8 

requires that prior to an excavation 

activity contiguous to a Radiation 

Protection Space (RPS), a seismic 

evaluation of the Independent Spent 

Fuel Storage Installation (ISFSI) in the 

structurally most vulnerable 

configuration (i.e., maximum amount of 

earth removed) shall be performed to 

verify that the stability of the support 

foundation, the ISFSI pad, and the 

shielding material within the RPS is 

maintained. It requires that excavation 

can only occur at a distance from the 

RPS greater than 10 times the depth of 

the planned excavation. The RPS, as 

defined in TS 5.7.9 of Appendix A– 

100U, is intended to ensure that the 

substrate material (such as natural 

subgrade and engineered fill) remains 

intact under all service conditions, 

including during an excavation activity 

adjacent to the RPS. 

For the HI–STORM 100U 

underground system, Appendix B–100U 

TS 3.4.5.a. requires that the support 

foundation rest directly on a bedrock 

unless the shear wave velocity of the 

substrate on which the support 

foundation rests is greater than or equal 

to 3500 feet/second. As explained in the 

SER, item 3.1.7 entitled, ‘‘Evaluation of 

the HI–STORM 100U System Structural 

Design,’’ Holtec must submit an 

amendment request to CoC No.1014 if 

there is any deviation from the 

requirement set forth in Appendix B– 

100U TS 3.4.5.a. This requirement will 

ensure that the ISFSI can withstand the 

design basis seismologic events. 

For the HI–STORM 100 aboveground 

system, the amendment will reinstate 

the decay heat limits for damaged fuel 

and fuel debris in TS Appendix B, 

Section 2.4. These requirements had 

been inadvertently deleted from 

Amendment Nos. 5 and 6. Amendment 

No. 7 does not alter the decay heat 

limits that were previously approved in 

the TS Appendix B. 

For the aboveground system, the 

amendment will revise Appendix B, TS 

3.4.5, to be consistent with the required 

system thermal boundary conditions as 

submitted in the applicant’s safety 

analysis report (SAR) for a fire accident 

condition. This revision to TS Appendix 

B does not add any new requirements 

but makes it consistent with the intent 

of Holtec’s original (i.e., initial 

certificate application or Amendment 0) 

submittal and NRC’s original SER. 

For the aboveground system, the 

amendment will also revise and add 

certain definitions in Appendix A, TS 

1.1. For example, ‘‘Vertical Ventilated 

Module’’ has been added and defined in 

the list of terms defined in Appendix A. 

The revisions and additions to the 

definitions in Appendix A make these 

terms usable in Appendices A, B, A– 

100U, and B–100U. Finally, the 

amendment will also incorporate minor 

editorial corrections in Appendices A 

and B for the aboveground system. 

This direct final rule revises the HI– 

STORM 100 dry storage cask system 

listing in 10 CFR 72.214 by adding 

Amendment No. 7 to CoC No. 1014. The 

amendment consists of the changes 

described above, as set forth in the 

revised CoC and TS. The amendment 

provides separate TS Appendices A and 

B for the aboveground system, and 

Appendices A–100U and B–100U for 

the underground system. As 

documented in the SER for Amendment 

No. 7, the NRC staff performed a 

detailed safety evaluation of the 

proposed CoC amendment request and 

found that an acceptable safety margin 

is maintained. In addition, the NRC staff 

has determined that there continues to 

be reasonable assurance that public 

health and safety and the environment 

will be adequately protected. 

The amended HI–STORM 100 cask 

design, when used under the conditions 

specified in the CoC, the TS, and NRC 

regulations, will meet the requirements 

of Part 72; thus, adequate protection of 

public health and safety will continue to 

be ensured. When this direct final rule 

becomes effective, entities holding a 

general license under 10 CFR 72.210 

may load SNF into HI–STORM 100 

casks that meet the criteria of 

Amendment No. 7 to CoC No. 1014 

under 10 CFR 72.212. 

Discussion of Amendments by Section 

Section 72.214 List of Approved Spent 

Fuel Storage Casks 

Certificate No. 1014 is revised by 

adding the effective date of Amendment 

No. 7. This amendment also corrects the 

CoC expiration date of June 1, 2020, to 

May 31, 2020. The CoC No. 1014, 

Amendment 0 (65 FR 25241; May 1, 

2000), incorrectly stated an expiration 

date of June 1, 2020, instead of May 31, 

2020. 

Procedural Background 

This rule is limited to the changes 

contained in Amendment No. 7 to CoC 

No. 1014 and does not include other 


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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 52389 

aspects of the HI–STORM 100 dry 

storage cask system. 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 December 28, 

2009. However, if the NRC receives any 

significant adverse comments on this 

direct final rule by November 12, 2009, 

then the NRC will publish a document 

that withdraws this action and will 

subsequently address any comment 

received in a final rule as a response to 

the companion proposed rule published 

elsewhere in 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-andcomment 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 TS. 

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 HI–STORM 100 

cask design listed in § 72.214 (List of 

NRC-approved spent fuel storage cask 

designs). This action does not constitute 

the establishment of a standard that 

contains generally applicable 

requirements. 

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 (AEA), or the 

provisions of Title 10 of the Code of 

Federal Regulations. Although an 

Agreement State may not adopt program 

elements reserved to NRC, it may wish 

to inform its licensees of certain 

requirements via a mechanism that is 

consistent with the particular State’s 

administrative procedure laws but does 

not confer regulatory authority on the 

State. 

Plain Language 

The Presidential Memorandum, 

‘‘Plain Language in Government 

Writing,’’ published June 10, 1998 (63 

FR 31883), directed that the 

Government’s documents be in clear 

and accessible language. The NRC 

requests comments on this direct final 

rule specifically with respect to the 

clarity and effectiveness of the language 

used. Comments should be sent to the 

address listed under the heading 

ADDRESSES, above. 

Finding of No Significant 

Environmental Impact: Availability 

Under the National Environmental 

Policy Act of 1969, as amended, and the 

NRC regulations in Subpart A of 10 CFR 

Part 51, the NRC has determined that 

this rule, if adopted, would not be a 

major Federal action significantly 

affecting the quality of the human 

environment, and therefore, an 

environmental impact statement is not 

required. This rule will amend the CoC 

for the HI–STORM 100 cask 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. 

The amendment will modify the CoC 

1014 to add the HI–STORM 100U 

system to the HI–STORM 100 cask 

systems. The HI–STORM 100U system 

allows for the underground storage of 

dry SNF. The amendment also 

incorporates a mandatory radiation 

protection perimeter around the loaded 

VVMs. The environmental impact of 

interim storage of SNF at an ISFSI has 

been evaluated in NUREG–1092, 

‘‘Environmental Assessment for 10 CFR 

72 Licensing Requirements for the 

Independent Storage of Spent Fuel and 

High-Level Radioactive Waste.’’ The 

environmental assessment provided the 

basis for allowing deployment of ISFSIs 

under general licenses at nuclear power 

reactor sites without the need for 

additional site-specific approvals, but it 

did not consider subsurface designs. 

Because the HI–STORM 100U is an 

underground storage system, Holtec, 

under the requirements of 10 CFR 51.41, 

submitted an environmental report to 

NRC on June 2, 2008, as a reference 

document for evaluating the potential 

environmental impacts of this 

subsurface design. Holtec also provided 

supplemental information on December 

19, 2008, in response to questions 

requesting additional information from 

the NRC staff. 

The environmental impacts of the 

proposed action have been reviewed in 

accordance with the requirements of 10 

CFR Part 51. NRC has determined that 

the storage of SNF in an underground 

Holtec HI–STORM 100U cask system 

array within the controlled area of a 

licensed reactor site would not 

significantly affect the quality of the 

human environment, either 

incrementally or cumulatively. 

Therefore, an environmental impact 

statement is not warranted for the 

proposed action, and accordingly, a 

finding of no significant impact is 

appropriate. 

NRC has prepared an environmental 

assessment to evaluate the potential 

impacts of construction, operation, and 

decommissioning of the subsurface 

ISFSI arrays under a general license for 

the HI–STORM 100U underground 

system. The environmental assessment 

and finding of no significant impact on 

which this determination is based are 

available for inspection at the NRC 

Public Document Room, Public File 

Area O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, MD. 

Single copies of the environmental 

assessment and finding of no significant 

impact are available from Neelam 

Bhalla, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6843, e-mail Neelam.Bhalla@nrc.gov. 

The environmental assessment 

concludes that there would be no 

significant radiological or 

nonradiological environmental impacts 

from routine operation of the ISFSI. The 


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ISFSI is a passive facility and no liquid 

or gaseous effluents would be released 

from the storage casks. The dose rates 

from the spent fuel would be limited by 

the design of both the storage casks and 

the subsurface VVM. The total 

occupational dose to workers at any 

given reactor site may increase slightly 

due to work associated with loading, 

transferring, and storing the casks, but 

all occupational doses must be 

maintained below the limits specified in 

10 CFR Part 20 and must be kept as low 

as reasonably achievable in accordance 

with licensee’s radiation protection 

programs. The annual dose to the 

nearest residents from general license 

ISFSI activities (which, to date, have 

utilized aboveground cask systems) has 

always been significantly below the 

limits specified in 10 CFR 72.104 and 10 

CFR 20.1301(a). The shielding provided 

by soil is expected to result in a 

radiation dose from the Holtec HI– 

STORM 100U system to be the same or 

lower than the current aboveground 

systems. 

For the aboveground system, the 

amendment would reinstate the decay 

heat limits for damaged fuel and fuel 

debris in Appendix B, TS 2.4, that had 

been inadvertently deleted from 

Amendments 5 and 6, and revise 

Appendix B, TS 3.4.5, to be consistent 

with the required system thermal 

boundary conditions as submitted in the 

applicant’s SAR for a fire accident 

condition. This revision to TS Appendix 

B does not add any new requirements 

but makes it consistent with the intent 

of Holtec’s original (i.e., initial 

certificate application or Amendment 0) 

submittal and NRC’s original SER. 

The amendment will also incorporate 

separate TS Appendices A and B for the 

aboveground system (Apps. A and B) 

and for the HI–STORM 100U system 

(Apps. A–100U and B–100U), and revise 

and add certain definitions in Appendix 

A, TS 1.1, to include the VVM. 

As such, Amendment No. 7 does not 

make any changes to the previously 

approved conditions of the HI–STORM 

100 aboveground cask system. The NRC 

staff believes that the environmental 

assessments and findings of no 

significant impact prepared for earlier 

HI–STORM 100 system amendments 

continue to be valid and will bound the 

revisions to the TS. 

Paperwork Reduction Act Statement 

This direct final rule does not contain 

a new or amended information 

collection requirement subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Existing 

requirements 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. 

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 SNF 

under a general license in cask designs 

approved by the NRC. Any nuclear 

power reactor licensee can use NRCapproved cask designs to store SNF 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 (as set 

forth in 10 CFR 72.212) are met. A list 

of NRC-approved cask designs is 

contained in 10 CFR 72.214. On May 1, 

2000 (65 FR 25241), the NRC issued an 

amendment to Part 72 that approved the 

HI–STORM 100 cask design by adding 

it to the list of NRC-approved cask 

designs in 10 CFR 72.214. On April 27, 

2007, and as supplemented on June 5, 

June 12, July 14, December 19, 2008, 

January 16, January 21, February 6, 

April 6, April 22, May 13, and June 23, 

2009, the certificate holder, Holtec, 

submitted an application to the NRC to 

amend CoC No. 1014 to add the HI– 

STORM 100U system to the HI–STORM 

100 cask systems. The HI–STORM 100U 

system allows for the underground 

storage of dry SNF by utilizing a VVM 

that can accept certain MPCs previously 

certified for storage of SNF in the Holtec 

aboveground HI–STORM 100 system. 

The amendment also incorporates a 

mandatory radiation protection 

perimeter around the loaded VVMs. In 

addition, the application requested 

amending CoC No. 1014 to reinstate the 

decay heat limits for damaged fuel and 

fuel debris in Appendix B, TS 2.4, for 

the aboveground system that had been 

inadvertently deleted from Amendment 

Nos. 5 and 6, and revise Appendix B, TS 

3.4.5, to be consistent with the required 

system thermal boundary conditions as 

submitted in the applicant’s SAR for a 

fire accident condition. This revision to 

TS Appendix B does not add any new 

requirements but makes it consistent 

with the intent of Holtec’s original (i.e., 

initial certificate application or 

Amendment 0) submittal and NRC’s 

original SER. 

The amendment will also incorporate 

separate TS Appendices A and B for the 

aboveground system (Apps A and B) 

and for the HI–STORM 100U system 

(Apps. A–100U and B–100U), and revise 

and add certain definitions in Appendix 

A, TS 1.1, to include the VVM. The 

amendment will also incorporate minor 

editorial corrections in the TS for the 

aboveground system. 

The alternative to this action is to 

withhold approval of Amendment No. 7 

and to require any Part 72 general 

licensee, seeking to utilize the Holtec 

HI–STORM 100U system, to request an 

exemption from the requirements of 10 

CFR 72.212 and 72.214. Under this 

alternative, each interested Part 72 

licensee would have to prepare, and the 

NRC would have to review, a separate 

exemption request, thereby increasing 

the administrative burden upon the 

NRC and the costs to each licensee. 

Approval of the direct final rule is 

consistent with previous NRC actions. 

Further, as documented in the SER and 

the environmental assessment, the 

direct final rule will have no adverse 

effect on public health and safety. This 

direct final rule has no significant 

identifiable impact or benefit on other 

government agencies. Based on this 

regulatory analysis, the NRC concludes 

that the requirements of the direct final 

rule are commensurate with the NRC’s 

responsibilities for public health and 

safety and the common defense and 

security. No other available alternative 

is believed to be as satisfactory, and 

thus, this action is recommended. 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this rule will not, if issued, 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule affects only 

nuclear power plant licensees and 

Holtec. These entities do not fall within 

the scope of the definition of ‘‘small 

entities’’ set forth in the Regulatory 

Flexibility Act or the size standards 

established by the NRC (10 CFR 2.810). 

Backfit Analysis 

The NRC has determined that the 

backfit rule (10 CFR 72.62) does not 

apply to this direct final rule because 

this amendment does not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter I. 

Therefore, a backfit analysis is not 

required. 

Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 


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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 52391 

Affairs, Office of Management and 

Budget. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, 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 

■ 1. The authority citation for Part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 

L. 86–373, 73 Stat. 688, as amended (42 

U.S.C. 2021); sec. 201, as amended, 202, 206, 

88 Stat. 1242, as amended, 1244, 1246 (42 

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 

10, 92 Stat. 2951 as amended by Pub. L. 102– 

486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 

(42 U.S.C. 4332); secs. 131, 132, 133, 135, 

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 

2232, 2241, sec. 148, Pub. L. 100–203, 101 

Stat. 1330–235 (42 U.S.C. 10151, 10152, 

10153, 10155, 10157, 10161, 10168); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 

(42 U.S.C. 2014, 2021, 2021b, 2111). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Pub. L. 100–203, 101 

Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c),(d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 

(42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Pub. L. 100–203, 

101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 

2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1014 is revised to read as 

follows: 

§ 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. 

SAR Submitted by: Holtec 

International. 

SAR Title: Final Safety Analysis 

Report for the HI–STORM 100 Cask 

System. 

Docket Number: 72–1014. 

Certificate Expiration Date: May 31, 

2020. 

Model Number: HI–STORM 100 

Systems. 

* * * * * 

Dated at Rockville, MD, this 24th day of 

September 2009. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–24561 Filed 10–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0611; Directorate 

Identifier 2008–NM–165–AD; Amendment 

39–16033; AD 2009–20–10] 

RIN 2120–AA64 

Airworthiness Directives; 

Construcciones Aeronauticas, S.A. 

(CASA), Model C–212–CB, C–212–CC, 

C–212–CD, and C–212–CE Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Honeywell International, the manufacturer 

of the SPZ200 autopilot system installed on 

the EADS–CASA C–212 series aircraft, has 

identified a series of servo-motors * * * 

designed for use in the SPZ200 autopilot 

system, whose failure can lead to a potential 

unsafe flight condition. * * * 

* * * * * 

The unsafe condition is failure of the 

servo-motors, which could result in roll 

oscillations or possible hard-over 

failures when the autopilot is engaged. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

November 17, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 17, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1112; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on July 16, 2009 (74 FR 34520). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Honeywell International, the manufacturer 

of the SPZ200 autopilot system installed on 

the EADS–CASA C–212 series aircraft, has 

identified a series of servo-motors, P/N [part 

number] 4006719–904 and P/N 4006719–913, 

designed for use in the SPZ200 autopilot 

system, whose failure can lead to a potential 

unsafe flight condition. To address and 

correct this situation, Honeywell 

International has published Alert Service 

Bulletin (ASB) 4006719–22–A0016 (Revised) 

dated 1 November 2004, that identifies the 

affected servo-motors by serial number, 

recommending the removal of these units 

from the aircraft and including modification 

instructions to be accomplished prior to 

reinstallation. 

EADS–CASA has determined that the flight 

safety of the C–212 aircraft is at risk. 

Consequently, Boletin de Servicio (Service 


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