[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Rules and Regulations]
[Pages 52387-52391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24561]



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

[[Page 52387]]



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 
<a href="/cdn-cgi/l/email-protection#256644574a490b6244494944424d4057654b57460b424a53"><span class="__cf_email__" data-cfemail="56153724393a7811373a3a37313e33241638243578313920">[email protected]</span></a>.
    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 
<a href="/cdn-cgi/l/email-protection#275743550955425448525544426749554409404851"><span class="__cf_email__" data-cfemail="344450461a4651475b41465751745a46571a535b42">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#753b10101914185b371d14191914351b07165b121a03"><span class="__cf_email__" data-cfemail="0f416a6a636e62214d676e63636e4f617d6c21686079">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#4b052e2e272a266509232a27272a0b253928652c243d"><span class="__cf_email__" data-cfemail="7a341f1f161b175438121b16161b3a140819541d150c">[email protected]</span></a>.

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 
NRC-approved 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),

[[Page 52388]]

that approved the HI-STORM 100 cask design and added it to the list of 
NRC-approved 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

[[Page 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-and-comment process. For 
example, a substantive response is required when:
    a. The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    b. The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    c. The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    2. The comment proposes a change or an addition to the rule, and it 
is apparent that the rule would be ineffective or unacceptable without 
incorporation of the change or addition.
    3. The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or 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 Sec.  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 <a href="/cdn-cgi/l/email-protection#753b10101914185b371d14191914351b07165b121a03"><span class="__cf_email__" data-cfemail="29674c4c454844076b414845454869475b4a074e465f">[email protected]</span></a>.
    The environmental assessment concludes that there would be no 
significant radiological or nonradiological environmental impacts from 
routine operation of the ISFSI. The

[[Page 52390]]

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 NRC-approved 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

[[Page 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.

0
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: 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).


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.
    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


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