This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

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Rules and Regulations Federal Register

14291 

Vol. 80, No. 53 

Thursday, March 19, 2015 

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withdrawn as a result of such 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): 

• 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: Carol.Gallagher@nrc.gov. For 

technical questions contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Robert D. MacDougall, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington DC 20555–0001; telephone: 

301–415–5175, email: 

Robert.MacDougall@nrc.gov. 

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 publiclyavailable information related to this 

action by any of the following methods: 

• Federal rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0275. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable 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 pdr.resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–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. 


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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-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or 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 neutronabsorbing 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 


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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 § 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 tornadogenerated 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 


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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 neutronabsorbing 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 


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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. 

Document 

ADAMS 

Accession No./

Web link/ 

Federal 

Register 

citation 

CoC No. 1032, Amendment No. 1, Revision 1 ............................................................................................................................... ML14276A621 

CoC No. 1032, Amendment No. 1, Revision 1, Appendix A to the Technical Specifications ........................................................ ML14276A618 

CoC No. 1032, Amendment No. 1, Revision 1, Appendix B of the Technical Specifications ........................................................ ML14276A617 

CoC No. 1032, Amendment No. 1, Revision 1, Preliminary SER .................................................................................................. ML14276A620 

Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, License Amendment Request 1032–2, 

July 31, 2013.

ML13214A023 

Submittal of Response to First Request for Additional Information for License Amendment Request No. 2 to the Holtec International HI-STORM Flood/Wind Multi-Purpose Canister Storage System, November 5, 2013.ML13311A103 

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 

■ 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). 

■ 2. In § 72.214, Certificate of 

Compliance No. 1032 is revised to read 

as follows: 

§ 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] 

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