[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14291-14295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06367]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules 
and Regulations

[[Page 14291]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2014-0275]
RIN 3150-AJ52


List of Approved Spent Fuel Storage Casks: Holtec HI-STORM Flood/
Wind System; Certificate of Compliance No. 1032, Amendment No. 1, 
Revision 1

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, 
Inc. (Holtec), HI-STORM Flood/Wind (FW) System listing within the 
``List of approved spent fuel storage casks'' to add Amendment No. 1, 
Revision 1, to Certificate of Compliance (CoC) No. 1032. Amendment No. 
1, Revision 1, allows these casks to accept 14X14B fuel assemblies with 
minor changes in the internal diameter of the fuel cladding, diameter 
of the fuel pellet, and spacing between the fuel pins. The amendment 
also updates testing requirements for the fabrication of Metamic HT 
neutron-absorbing structural material.

DATES: The direct final rule is effective June 2, 2015, unless 
significant adverse comments are received by April 20, 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direct final rule is withdrawn as a result of such comments, timely 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 Commission is able to ensure consideration only for 
comments received on or before this date. Comments received on this 
direct final rule will also be considered to be comments on a companion 
proposed rule published in the Proposed Rules section of this issue of 
the Federal Register.

ADDRESSES: You may submit comments by any of the following methods 
(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-2014-0275. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#f8bb998a9794d6bf999494999f909d8ab8968a9bd69f978e"><span class="__cf_email__" data-cfemail="7e3d1f0c111250391f12121f19161b0c3e100c1d50191108">[email protected]</span></a>. For technical questions 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#de8cabb2bbb3bfb5b7b0b9f09db1b3b3bbb0aaad9eb0acbdf0b9b1a8"><span class="__cf_email__" data-cfemail="f4a681989199959f9d9a93dab79b9999919a8087b49a8697da939b82">[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: Robert D. MacDougall, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001; telephone: 301-415-5175, email: 
<a href="/cdn-cgi/l/email-protection#f3a19c91968187ddbe9290b79c8694929f9fb39d8190dd949c85"><span class="__cf_email__" data-cfemail="ebb984898e999fc5a68a88af849e8c8a8787ab859988c58c849d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

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-2014-0275 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-2014-0275.
    <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#2e5e4a5c005c4b5d415b5c4d4b6e405c4d00494158"><span class="__cf_email__" data-cfemail="a3d3c7d18dd1c6d0ccd6d1c0c6e3cdd1c08dc4ccd5">[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-2014-0275 in the subject line of your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, 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.

[[Page 14292]]

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. 1, 
Revision 1, which will supersede Amendment No. 1 (effective December 
17, 2014), to CoC No. 1032 to the ``List of approved spent fuel storage 
casks,'' and does not include other aspects of the Holtec HI-STORM FW 
System design. Amendment No. 1 continues to be effective but is now 
being modified with respect to certain specified provisions, as 
outlined in Amendment No. 1, Revision 1, and in Section IV of this 
document, which apply to all general licensees using the casks for 
Independent Spent Fuel Storage Installations (ISFSIs). Therefore, 
Amendment No. 1, Revision 1, supersedes the previously issued Amendment 
No. 1 (effective December 17, 2014). In requesting this revision, 
Holtec indicated that no ISFSI licensee has placed such a cask into 
service under CoC No. 1032, Amendment No. 1.
    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. The amendment to 
the rule will become effective on June 2, 2015. However, if the NRC 
receives significant adverse comments on this direct final rule by 
April 20, 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:
    (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 ``[t]]he 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 
October 3, 2014 (79 FR 59623), that approved the HI-STORM FW System 
design amendment and added it to the list of NRC-approved cask designs 
in 10 CFR 72.214 as CoC No. 1032, Amendment No. 1.

IV. Discussion of Changes

    On July 31, 2013, Holtec submitted a revision request for the 
Holtec HI-STORM FW System CoC No. 1032, Amendment No. 1. Holtec 
supplemented its request on November 5, 2013. As a revision, the CoC 
will supersede the previous version of the CoC and its TSs, effective 
December 17, 2014, in their entirety. Amendment No. 1, Revision 1, 
revises the authorized contents of the cask in Appendix B to the TSs to 
include 14X14B fuel assemblies with minor changes in the internal 
diameter of the fuel cladding, diameter of the fuel pellet, and fuel 
rod pitch (distance from fuel pin centerlines). The amendment also 
updates testing requirements for the fabrication of Metamic HT neutron-
absorbing aluminum alloy structural material used to secure the spent 
fuel inside the cask. These changes to Appendix B of the TSs are 
identified with revision bars in the margin of the document.
    Specifically, Amendment No. 1, Revision 1, changes the fuel 
cladding internal diameter, the fuel pellet diameter, and the fuel rod 
pitch (distance from fuel pin centerlines) of the fuel assembly class 
14X14B. These changes in spacing between the fuel pins would result in 
a volumetric increase of 0.6 percent of the fuel and a reduction of 
0.13 percent of the original flow area. Because this reduced flow area 
is still larger than the 17X17 assembly flow area used as the bounding 
scenario, the flow resistance factor is still less restrictive than the 
bounding scenario, and the passive decay heat removal of the proposed 
14X14B assembly is still conservative.
    Amendment No. 1, Revision 1, also removes fabrication testing 
requirements for the thermal expansion coefficient and thermal 
conductivity of Metamic HT neutron-absorbing structural material, as 
these properties have little variability in this aluminum alloy when 
fabricated according to the manufacturer's manual.
    As documented in the safety evaluation report (SER), the NRC staff 
performed a detailed safety evaluation of the proposed CoC Amendment 
No. 1, Revision 1 request. There are no significant changes to cask 
design requirements in the proposed Revision 1 to the CoC Amendment No. 
1. 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

[[Page 14293]]

would be insignificant. Amendment No. 1, Revision 1 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. 1, Revision 1, would remain well within 
10 CFR part 20 radiation protection 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 
October 3, 2014 (79 FR 59623), final rule that approved the HI-STORM FW 
System design Amendment 1. 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 from radiological 
accidents.
    This direct final rule revises the Holtec HI-STORM FW System 
listing in 10 CFR 72.214 by superseding Amendment 1 to CoC No. 1032 
(effective December 17, 2014) with Amendment No. 1, Revision 1. The 
revision consists of the changes previously described, as set forth in 
the revised CoC and TSs. Appendix A and the revised Appendix B of the 
TSs are identified in the SER and are also available in ADAMS.
    The amended Holtec HI-STORM FW System design, when used under the 
conditions specified in the CoC, the TSs, and the NRC's regulations, 
will meet the requirements of 10 CFR part 72; therefore, adequate 
protection of public health and safety will continue to be ensured. 
When this direct final rule becomes effective, persons who hold a 
general license under 10 CFR 72.210 may load spent nuclear fuel into 
Holtec HI-STORM FW Systems that meet the criteria of Amendment No. 1, 
Revision 1, to CoC No. 1032 under 10 CFR 72.212.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this direct final rule, the NRC will revise the Holtec 
HI-STORM FW System design listed in Sec.  72.214, ``List of approved 
spent fuel storage casks.'' This action does not constitute the 
establishment of a standard that contains generally applicable 
requirements.

VI. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended, or the provisions of 10 CFR. Although an Agreement 
State may not adopt program elements reserved to the NRC, 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, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    This direct final rule amends 10 CFR 72.214 by revising the CoC for 
the Holtec HI-STORM FW System design listing within the ``List of 
approved spent fuel storage casks'' to add Amendment No. 1, Revision 1, 
to CoC No. 1032. Under the National Environmental Policy Act of 1969, 
as amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions,'' the NRC has determined that this 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 revises the CoC for the Holtec HI-STORM FW 
System within the list of approved systems that can be used for dry 
storage of additional fuel assembly designs now in reactor spent fuel 
storage pools.

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. 1, Revision 1, of CoC 
1032 tiers off of the environmental assessment for the July 18, 1990, 
final rule. Tiering on past environmental assessments is a standard 
process under the National Environmental Policy Act.
    Holtec HI-STORM FW 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 confinement, 
shielding, and criticality control. If there is no loss of confinement, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. There are no significant changes to 
cask design requirements in the proposed CoC amendment. In addition, 
because there are no significant design or process changes, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 1, Revision 1, would remain well within 
10 CFR part 20 radiation protection 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 effluents released, no significant increase in 
individual or cumulative radiation exposure, and no significant

[[Page 14294]]

increase in the potential for or consequences from radiological 
accidents. The staff has documented its safety findings in the SER.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
1, Revision 1, and end this direct final rule. Consequently, any 10 CFR 
part 72 general licensee that seeks to load spent nuclear fuel into the 
Holtec HI-STORM FW System in accordance with the changes described in 
proposed Amendment No. 1, Revision 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, each separate exemption request, thereby 
increasing the administrative burden upon the NRC and the costs to each 
licensee. Therefore, the environmental impacts of the alternative to 
the action would be the same or more than the impacts of the action.

E. Alternative Use of Resources

    Approval of Amendment No. 1, Revision 1, to CoC No. 1032 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, ``Holtec HI-STORM Flood/Wind System; Certificate of 
Compliance No. 1032, Amendment No. 1, Revision 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 rule does not contain any information collection requirements, 
and is therefore 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 
Office of Management and Budget control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this 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, Inc. These entities do not fall within the scope of the 
definition of small entities set forth in the Regulatory Flexibility 
Act or the size standards established by the NRC (10 CFR 2.810).

XI. Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's CoC, and the 
conditions of the general license are met. A list of NRC-approved cask 
designs is contained in 10 CFR 72.214. On March 28, 2011 (76 FR 17019), 
the NRC issued an amendment to 10 CFR part 72 that approved the Holtec 
HI-STORM FW System design by adding it to the list of NRC-approved cask 
designs in 10 CFR 72.214.
    On July 31, 2013, and as supplemented on November 5, 2013, Holtec 
submitted an application to amend the HI-STORM FW System as described 
in Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 1, Revision 1, and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into a Holtec HI-STORM FW System 
under the changes described in Amendment No. 1, Revision 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 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 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 as 
satisfactory, and therefore, this action is recommended.

XII. Backfitting and Issue Finality

    This direct final rule revises the CoC No. 1032 for the Holtec HI-
STORM FW System, as currently listed in 10 CFR 72.214, ``List of 
approved spent fuel storage casks.'' Amendment No. 1, Revision 1, 
revises authorized contents of the cask to include 14X14B fuel 
assemblies with minor changes in the internal diameter of the fuel 
cladding, diameter of the fuel pellet, and spacing between the fuel 
pins. The revision also updates testing requirements for the 
fabrication of Metamic HT neutron-absorbing aluminum alloy structural 
material used to secure the spent fuel inside the cask.
    Although Holtec has manufactured some casks under the existing CoC 
1032, Amendment No. 1 that is being revised by this direct final rule, 
Holtec, as the vendor, is not subject to backfitting protection under 
10 CFR 72.62. Moreover, Holtec requested the change and has requested 
to apply it to the existing casks manufactured under Amendment No. 1. 
Therefore, even if the vendor were deemed to be an entity protected 
from backfitting, this request represents a voluntary change and is not 
backfitting.
    Additionally, because Holtec has not delivered any cask certified 
under CoC No. 1032, Amendment No. 1, no ISFSI licensee has placed such 
a cask into service. Therefore, the changes in Amendment 1, Revision 1 
which are approved in this direct final rule do not fall within the 
definition of backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or 
otherwise represent an inconsistency with the issue finality provisions 
applicable to combined licenses in 10 CFR part 52.
    Finally, the changes in CoC No. 1032, Amendment 1, Revision 1 do 
not apply to casks manufactured to the initial CoC 1032, and therefore, 
have no effect on current ISFSI licensees using these casks. While any 
current CoC user may comply with the new requirements in Amendment No. 
1, Revision 1, this would be a voluntary decision on the part of the 
user. For these reasons, NRC approval of CoC No. 1032, Amendment

[[Page 14295]]

No. 1, Revision 1, does not constitute backfitting under 10 CFR 72.62 
or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with 
the issue finality provisions in 10 CFR part 52 for users of the Holtec 
HI-STORM FW System manufactured to the initial CoC No. 1032.
    For the reasons set forth above, the NRC has not prepared a backfit 
analysis or additional documentation addressing the issue finality 
criteria in 10 CFR part 52.

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 below.

------------------------------------------------------------------------
                                          ADAMS  Accession No./Web link/
                Document                    Federal  Register  citation
------------------------------------------------------------------------
CoC No. 1032, Amendment No. 1, Revision   ML14276A621
 1.
CoC No. 1032, Amendment No. 1, Revision   ML14276A618
 1, Appendix A to the Technical
 Specifications.
CoC No. 1032, Amendment No. 1, Revision   ML14276A617
 1, Appendix B of the Technical
 Specifications.
CoC No. 1032, Amendment No. 1, Revision   ML14276A620
 1, Preliminary SER.
Holtec International HI-STORM Flood/Wind  ML13214A023
 Multipurpose Canister Storage System,
 License Amendment Request 1032-2, July
 31, 2013.
Submittal of Response to First Request    ML13311A103
 for Additional Information for License
 Amendment Request No. 2 to the Holtec
 International HI[dash]STORM Flood/Wind
 Multi-Purpose Canister Storage System,
 November 5, 2013.
------------------------------------------------------------------------

    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-2014-0275. 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-2014-0275); (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 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. 1032 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1032.
    Initial Certificate Effective Date: June 13, 2011.
    Amendment Number 1 Effective Date: December 17, 2014, superseded by 
Amendment Number 1, Revision 1, on June 2, 2015.
    Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
    SAR Submitted by: Holtec International, Inc.
    SAR Title: Final Safety Analysis Report for the Holtec HI-STORM FW 
System.
    Docket Number: 72-1032.
    Certificate Expiration Date: June 12, 2031.
    Model Number: HI-STORM FW MPC-37, MPC-89.
* * * * *

    Dated at Rockville, Maryland, this 9th day of March, 2015.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-06367 Filed 3-18-15; 8:45 am]
 BILLING CODE 7590-01-P


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