[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Rules and Regulations]
[Pages 6430-6435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02310]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2014-0233]
RIN 3150-AJ47


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Amendment 
No. 8, Revision No. 1

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 Cask System listing within the ``List of approved spent fuel 
storage casks'' to add Revision No. 1 to Amendment No. 8 (effective May 
2, 2012, and corrected on November 16, 2012), to the Certificate of 
Compliance (CoC) No. 1014. Amendment No. 8, Revision No. 1, changes 
burnup/cooling time limits for thimble plug devices; changes Metamic-HT 
material testing requirements; changes Metamic-HT material minimum 
guaranteed values; and updates fuel definitions to allow boiling water 
reactor fuel affected by certain corrosion mechanisms with specific 
guidelines to be classified as undamaged fuel.

DATES: The direct final rule is effective April 21, 2015, unless 
significant adverse comments are received by March 9, 2015. If the 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC staff is

[[Page 6431]]

able to ensure consideration only for comments received on or before 
this date. Comments received on this direct final rule will also be 
considered to be comments on a companion proposed rule published in the 
Proposed Rules section of this issue of the Federal Register.

ADDRESSES: You may submit comments by any one of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0233. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422; email: <a href="/cdn-cgi/l/email-protection#3b785a495457157c5a57575a5c535e497b554958155c544d"><span class="__cf_email__" data-cfemail="a7e4c6d5c8cb89e0c6cbcbc6c0cfc2d5e7c9d5c489c0c8d1">[email protected]</span></a>. For technical questions, please 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#d587a0b9b0b8b4bebcbbb2fb96bab8b8b0bba1a695bba7b6fbb2baa3"><span class="__cf_email__" data-cfemail="2e7c5b424b434f45474049006d4143434b405a5d6e405c4d00494158">[email protected]</span></a>. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
    <bullet> Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    <bullet> Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    <bullet> Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6445, email: 
<a href="/cdn-cgi/l/email-protection#2b6c594e4c445952057f595e58584e47476b455948054c445d"><span class="__cf_email__" data-cfemail="03447166646c717a2d5771767070666f6f436d71602d646c75">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
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-2014-0233 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:
    <bullet> Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0233.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to: <a href="/cdn-cgi/l/email-protection#29594d5b075b4c5a465c5b4a4c69475b4a074e465f"><span class="__cf_email__" data-cfemail="08786c7a267a6d7b677d7a6b6d48667a6b266f677e">[email protected]</span></a>. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
    <bullet> 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-2014-0233 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions 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, and the NRC does not routinely edit comment 
submissions to remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Procedural Background

    This direct final rule is limited to adding Amendment No. 8, 
Revision No. 1, which will supersede Amendment No. 8 (effective May 2, 
2012, and corrected on November 16, 2012), to CoC No. 1014 to the 
``List of approved spent fuel storage casks,'' and does not include 
other aspects of the Holtec International HI-STORM 100 Cask System 
design. Amendment No. 8 continues to be effective but is now being 
modified with respect to certain specified provisions, as outlined in 
Amendment No. 8, Revision 1, which apply to all general licensees using 
the casks for Independent Spent Fuel Storage Installations (ISFSI). 
Thus, Amendment No. 8, Revision 1, supersedes the previously issued 
Amendment No. 8 (effective May 2, 2012, and corrected on November 16, 
2012). In requesting this revision, Holtec indicated that it has not 
manufactured any cask under CoC No. 1014, Amendment No. 8, and, 
consequently, no ISFSI licensee has placed such a cask into service. 
The NRC is using the ``direct final rule procedure'' to issue this 
revision 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. This 
amendment to the rule will become effective on April 21, 2015. However, 
if the NRC receives significant adverse comments on this direct final 
rule by March 9, 2015, then the NRC will publish a document that 
withdraws this action and will subsequently address the comments 
received in a final rule as a response to the companion proposed rule 
published in the Proposed Rule section of this issue of the Federal 
Register. Absent significant modifications to the proposed revisions 
requiring republication, the NRC will not initiate a second comment 
period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:

[[Page 6432]]

    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or Technical Specifications (TSs).
    For detailed instructions on filing comments, please see the 
ADDRESSES section of this document.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the Department of Energy] 
shall establish a demonstration program, in cooperation with the 
private sector, for the dry storage of spent nuclear fuel at civilian 
nuclear power reactor sites, with the objective of establishing one or 
more technologies that the [Nuclear Regulatory] Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the NWPA 
states, in part, that ``[the Commission] shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 219(a) [sic: 218(a)] for use at the site of 
any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule which added a new subpart K in part 72 of Title 
10 of the Code of Federal Regulations (10 CFR) entitled, ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
May 1, 2000 (65 FR 25241), that approved the Holtec International HI-
STORM 100 Cask System design and added it to the list of NRC-approved 
cask designs in 10 CFR 72.214 as CoC No. 1014.

IV. Discussion of Changes

    By letter dated August 21, 2013, and as supplemented on December 
20, 2013, and February 28, 2014, Holtec International submitted a 
revision request for the Holtec International HI-STORM 100 Cask System, 
CoC No. 1014, Amendment No. 8. As a revision, the CoC will supersede 
the previous version of the CoC and TSs that were effective May 2, 
2012, as corrected on November 16, 2012, in their entirety. Amendment 
No. 8, Revision No. 1, changes burnup/cooling time limits for thimble 
plug devices; changes Metamic-HT material testing requirements; changes 
Metamic-HT material minimum guaranteed values; and updates fuel 
definitions to allow boiling water reactor fuel affected by certain 
corrosion mechanisms within specific guidelines to be classified as 
undamaged fuel.
    As documented in the safety evaluation report (SER), the NRC staff 
performed a detailed safety evaluation of the proposed CoC amendment 
request. There are no significant changes to cask design requirements 
in the proposed CoC amendment. Considering the specific design 
requirements for each accident condition, the design of the cask would 
prevent loss of containment, shielding, and criticality control. If 
there is no loss of containment, shielding, or criticality control, the 
environmental impacts would be insignificant. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 8, Revision No. 1, would 
remain well within the 10 CFR part 20 limits. Therefore, the proposed 
CoC changes will not result in any radiological or non-radiological 
environmental impacts that significantly differ from the environmental 
impacts evaluated in the environmental assessment supporting the July 
18, 1990, final rule. There will be no significant change in the types 
or amounts of any effluent released, no significant increase in 
individual or cumulative radiation exposure and no significant increase 
in the potential for or consequences of radiological accidents.
    This direct final rule revises the Holtec International HI-STORM 
100 Cask System listing in 10 CFR 72.214 by adding Amendment No. 8, 
Revision No. 1, to CoC No. 1014. The amendment consists of the changes 
previously described, as set forth in the revised CoC and TSs. The 
revised TSs are identified in the SER.
    The amended Holtec International HI-STORM 100 Cask System design, 
when used under the conditions specified in the CoC, the TSs, and the 
NRC's regulations, will meet the requirements of 10 CFR part 72; 
therefore, adequate protection of public health and safety will 
continue to be ensured. When this direct final rule becomes effective, 
persons who hold a general license under 10 CFR 72.210 may load spent 
nuclear fuel into the Holtec International HI-STORM 100 Cask Systems 
that meet the criteria of Amendment No. 8, Revision No. 1, to CoC No. 
1014 under 10 CFR 72.212.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the Holtec International HI-STORM 100 Cask System design listed in 10 
CFR 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 direct final rule is classified as Compatibility Category 
``NRC.'' Compatibility is not required for Category ``NRC'' 
regulations. The NRC program elements in this category relate directly 
and exclusively 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, 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.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, 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).

[[Page 6433]]

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend 10 CFR 72.214 to revise the Holtec 
International HI-STORM 100 Cask System listing within the ``List of 
approved spent fuel storage casks'' to revise Amendment No. 8 
(effective May 2, 2012, and corrected on November 16, 2012), of CoC No. 
1014 by adding Amendment No. 8, Revision No. 1. Under the National 
Environmental Policy Act of 1969, as amended, and the NRC's regulations 
in subpart A of 10 CFR part 51, ``Environmental Protection Regulations 
for Domestic Licensing and Related Regulatory Functions,'' the NRC has 
determined that this rule, if adopted, would not be a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact statement is not required. The 
NRC has made a finding of no significant impact on the basis of this 
environmental assessment.

B. The Need for the Action

    This direct final rule amends the CoC for the Holtec International 
HI-STORM 100 Cask System design within the list of approved spent fuel 
storage casks that power reactor licensees can use to store spent fuel 
at reactor sites under a general license. Specifically, Amendment No. 
8, Revision No. 1, changes burnup/cooling time limits for thimble plug 
devices; changes Metamic-HT material testing requirements; changes 
Metamic-HT material minimum guaranteed values; and updates fuel 
definitions to allow boiling water reactor fuel affected by certain 
corrosion mechanisms within specific guidelines to be classified as 
undamaged fuel.

C. Environmental Impacts of the Action

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was initially 
analyzed in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 8, Revision No. 1, 
tiers off of the environmental assessment for the July 18, 1990, final 
rule. Tiering on past environmental assessments is a standard process 
under the National Environmental Policy Act.
    Holtec International HI-STORM 100 Cask Systems are designed to 
mitigate the effects of design basis accidents that could occur during 
storage. Design basis accidents account for human-induced events and 
the most severe natural phenomena reported for the site and surrounding 
area. Postulated accidents analyzed for an ISFSI, 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 containment, 
shielding, and criticality control. If there is no loss of containment, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. In addition, because there are no 
significant designs or production process changes, any resulting 
occupational exposures or offsite dose rates from the implementation of 
Amendment No. 8, Revision No. 1, would remain well within the 10 CFR 
part 20 limits. Therefore, the proposed CoC changes will not result in 
either 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 amounts of any 
effluent released, no significant increase in individual or cumulative 
radiation exposures, and no significant increase in the potential for 
or consequences from radiological accidents. The staff documented its 
safety findings in the SER for this amendment.

D. Alternative to the Action

    The alternative to this action is to deny approval of the changes 
in Amendment No. 8, Revision No. 1, and terminate the direct final 
rule. Consequently, any 10 CFR part 72 general licensee that seeks to 
load spent nuclear fuel into Holtec International HI-STORM 100 Cask 
Systems in accordance with the changes described in proposed Amendment 
No. 8, Revision No. 1, would have to request an exemption from the 
requirements of 10 CFR 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 on the NRC and the cost to each licensee. 
Therefore, the environmental impacts would be the same or less than the 
action.

E. Alternative Use of Resources

    Approval of Amendment No. 8, Revision No. 1, of CoC No. 1014 would 
result in no irreversible commitments of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51. Based on the foregoing 
environmental assessment, the NRC concludes that this direct final rule 
entitled, ``List of Approved Spent Fuel Storage Casks: Holtec 
International HI-STORM 100 Cask System, Certificate of Compliance No. 
1014, Amendment No. 8, Revision No. 1,'' 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 information collection 
requirements and, therefore, is not subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final rule will not, if issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects only nuclear power plant licensees and 
Holtec International. These entities do not fall within the scope of 
the definition of small entities set forth in the Regulatory 
Flexibility Act or the size standards established by the NRC (10 CFR 
2.810).

XI. Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general

[[Page 6434]]

license in cask designs approved by the NRC. Any nuclear power reactor 
licensee can use NRC-approved cask designs to store spent nuclear fuel 
if it notifies the NRC in advance, the spent fuel is stored under the 
conditions specified in the cask's CoC, and the conditions of the 
general license are met. A list of NRC-approved cask designs is 
contained in 10 CFR 72.214.
    On May 1, 2000 (65 FR 25241), the NRC issued an amendment to 10 CFR 
part 72 that approved the Holtec International HI-STORM 100 Cask System 
design by adding it to the list of NRC-approved cask designs in 10 CFR 
72.214.
    On August 21, 2013, and as supplemented on December 20, 2013, and 
February 28, 2014, Holtec International submitted a revision request 
for the HI-STORM 100 Cask System, CoC No. 1014, Amendment No. 8, as 
described in Section III, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of the 
changes requested in Amendment No. 8, Revision No. 1, and require any 
10 CFR part 72 general licensee seeking to load spent nuclear fuel into 
the Holtec International HI-STORM 100 Cask System under the changes 
described in Amendment No. 8, Revision No. 1, to request an exemption 
from the requirements of 10 CFR 72.212 and 72.214. Under this 
alternative, each interested 10 CFR part 72 licensee would have to 
prepare, and the NRC would have to review, a separate exemption 
request, thereby increasing the administrative burden on the NRC and 
the costs to each affected licensee.
    Approval of this 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 significant adverse 
effect on public health and safety or the environment. This direct 
final rule has no significant identifiable impact or benefit on other 
Government agencies. Based on this regulatory analysis, the NRC 
concludes that the requirements of the direct final rule are 
commensurate with the NRC's responsibilities for public health and 
safety and the common defense and security. No other available 
alternative is believed to be satisfactory, and therefore, this action 
is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule and therefore, a backfit analysis 
is not required. This direct final rule revises CoC No. 1014 for the 
Holtec International HI-STORM 100 Cask System, as currently listed in 
10 CFR 72.214, ``List of approved spent fuel storage casks.'' Amendment 
No. 8, Revision No. 1, changes burnup/cooling time limits for thimble 
plug devices; changes Metamic-HT material testing requirements; changes 
Metamic-HT material minimum guaranteed values; and updates fuel 
definitions to allow boiling water reactor fuel affected by certain 
corrosion mechanisms within specific guidelines to be classified as 
undamaged fuel.
    Holtec has not manufactured any cask under CoC No. 1014, Amendment 
No. 8, and, consequently, no ISFSI licensee has placed such a cask into 
service. Therefore, the changes in CoC No. 1014, Amendment No. 8, 
Revision No. 1 which are approved in this direct final rule do not fall 
within the definition of backfitting in 10 CFR 72.62, 10 CFR 
50.109(a)(1), or otherwise represent an inconsistency with the issue 
finality provisions applicable to combined licenses in part 52. In 
addition, the changes in CoC No. 1014, Amendment No. 8, Revision No. 1 
do not apply to casks which were manufactured to other amendments of 
CoC No. 1014, and, therefore, have no effect on current ISFSI licensees 
using casks which were manufactured to other amendments of CoC No. 
1014. While any current CoC user may comply with the new requirements 
in Amendment No. 8, Revision No. 1, this would be a voluntary decision 
on the part of current users. For these reasons, NRC approval of CoC 
No. 1014, Amendment No. 8, Revision No. 1, does not constitute 
backfitting for users of the HI-STORM 100 Cask System which were 
manufactured to other amendments of CoC No. 1014, under 10 CFR 72.62, 
10 CFR 50.109(a)(1), or the issue finality provisions applicable to 
combined licenses in 10 CFR part 52.
    For the reasons set forth above, no backfit analysis or additional 
documentation addressing the issue finality criteria in 10 CFR part 52 
has been prepared by the NRC.

XIII. Congressional Review Act

    This action is not a major rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808).

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
                       Document                                No.
------------------------------------------------------------------------
CoC No. 1014, Amendment No. 8, Revision No. 1.........       ML14262A478
Safety Evaluation Report..............................       ML14262A476
Technical Specifications, Appendix A..................       ML14262A480
Technical Specifications, Appendix B..................       ML14262A479
Application (portions are non-public/proprietary).....       ML13235A082
December 20, 2013, Application Supplement.............       ML14009A271
February 28, 2014, Application Supplement.............       ML14064A344
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2014-0233. The Federal 
rulemaking Web site allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: 1) navigate to the 
docket folder (NRC-2014-0233); 2) click the ``Sign up for Email 
Alerts'' link; and 3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following 
amendments to 10 CFR part 72.

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act 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, 2232, 2233, 
2234, 2236, 2237, 2239, 2273, 2282, 2021); Energy Reorganization Act 
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear 
Waste

[[Page 6435]]

Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 
10152, 10153, 10155, 10157, 10161, 10168); Government Paperwork 
Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act 
of 2005, Pub. L. 109-58, 119 Stat. 788 (2005).

    Section 72.44(g) also issued under Nuclear Waste Policy Act 
secs. 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
    Section 72.46 also issued under Atomic Energy Act sec. 189 (42 
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
    Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 
145(g) (42 U.S.C. 10165(g)).
    Subpart J also issued under Nuclear Waste Policy Act secs. 
117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)).
    Subpart K also issued under Nuclear Waste Policy Act sec. 218(a) 
(42 U.S.C. 10198).


0
2. In Sec.  72.214, Certificate of Compliance No. 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 on April 21, 2015.
    Amendment Number 8, Revision No.1 Effective Date: April 21, 2015.
    Amendment Number 9 Effective Date: March 11, 2014.
    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.
* * * * *

    Dated at Rockville, Maryland, this 26th day of January, 2015.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-02310 Filed 2-4-15; 8:45 am]
BILLING CODE 7590-01-P


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