[Federal Register Volume 78, Number 73 (Tuesday, April 16, 2013)]
[Rules and Regulations]
[Pages 22411-22413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08889]



10 CFR Part 72

RIN 3150-AJ05

List of Approved Spent Fuel Storage Casks: HI-STORM 100, 
Amendment No. 8; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; correcting amendments.


SUMMARY: On February 17, 2012 (77 FR 9515), the U.S. Nuclear Regulatory 
Commission (NRC) published a direct final rule amending its spent fuel 
storage regulations by revising the Holtec International, Inc. (Holtec) 
HI-STORM 100 Cask System listing within the ``List of Approved Spent 
Fuel Storage Casks'' to include Amendment No. 8 to Certificate of 
Compliance (CoC) No. 1014. The direct final rule was effective on May 
2, 2012 (77 FR 24585; April 25, 2012). The NRC has made non-substantive 
corrections to the technical specifications (TS) and the NRC's Safety 
Evaluation Report (SER) for the Holtec HI-STORM 100 Cask System, 
Amendment No. 8. The purpose of this document is to provide 
notification that the NRC is amending its regulations by revising the 
Holtec HI-STORM 100 Cask System listing within the ``List of Approved 
Spent Fuel Storage Casks'' to include notification that Amendment No. 8 
to CoC No. 1014 was corrected on November 16, 2012.

DATES: This rule is effective May 16, 2013.

ADDRESSES: Please refer to Docket ID NRC-2011-0221 when contacting the 
NRC about the availability of information for this final rule. You may 
access information related to this final rule, which the NRC possesses 
and is publicly available, by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0221. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this final rule.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library 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. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One

[[Page 22412]]

White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: John Goshen, P.E., Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-492-3325, email: 


I. Background

    On May 17, 2012, the NRC received a request from Holtec by 
electronic mail to correct minor and non-substantive errors in Appendix 
A, ``Technical Specifications for the HI-STORM 100 Cask System,'' and 
Appendix B, ``Approved Contents and Design Features for the HI-STORM 
100 Cask System,'' of CoC No. 1014. Holtec also identified errors in 
the NRC staff's SER. Holtec's requested corrections to the affected 
documents are to ensure consistency with the analyses and Final Safety 
Analysis Report (FSAR). The NRC has determined that the proposed TS and 
SER changes are being made to correct multiple revision bars in 
Appendices A and B of the TSs, and correcting several values in the NRC 
staff's SER that were previously approved by the NRC as part of the 
Holtect HI-STORM 100 Cask System rulemaking package approving Amendment 
No. 8 (77 FR 24585; April 25, 2012). The NRC staff inadvertently 
introduced the errors in the SER narrative. In some instances the NRC 
staff incorrectly referenced values or other references from the FSAR 
that had limited bearing on the staff's evaluation and did not affect 
the staff's conclusions because when the staff performed its evaluation 
and confirmatory conclusions the correct values were used. In some 
instances, typographical errors were made in the final document. In 
several instances language was revised to provide additional clarity. 
The NRC corrected the TSs and SER on November 16, 2012 (ADAMS Accession 
No. ML12213A170).

II. Section-by-Section Analysis

10 CFR 72.214

    The effective date for Amendment No. 8 to CoC No. 1014 is revised 
to include notification that Amendment No. 8 was corrected on November 
16, 2012 (ADAMS Accession No. ML12213A170).

III. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comments requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest because it will have no substantive impact, are 
technical in nature, and relate only to management, organization, 
procedure, and practice. The Commission is exercising its authority 
under 5 U.S.C. 553(b)(3)(B) to publish this amendment as a final rule. 
The amendment is effective May 16, 2013. This amendment does not 
require action by any person or entity regulated by the NRC. Also, the 
final rule does not change the substantive responsibilities of any 
person or entity regulated by the NRC.
    As authorized by 5 U.S.C. 553(b)(3)(B), the NRC finds good cause to 
waive notice and opportunity for comment on the revision previously 
stated because the revision is administrative in nature and does not 
change substantive requirements under the regulations. Specifically, 
the NRC is revising the Holtec HI-STORM 100 Cask System listing within 
the ``List of Approved Spent Fuel Storage Casks'' to include 
notification that Amendment No. 8 to CoC No. 1014 was corrected on 
November 16, 2012 (ADAMS Accession No. ML12213A170).

IV. Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2), which excludes 
from a major action rules which are corrective or of minor nonpolicy 
nature and do not substantially modify existing regulations. Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this rule.

V. Paperwork Reduction Act Statement

    This final rule does not contain 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 
Office of Management and Budget control number.

VI. 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 

VII. Backfitting and Issue Finality

    The NRC has determined that the non-substantive change in this 
final rule does not constitute backfitting, and therefore a backfit 
analysis is not included. The revision is non-substantive in nature: 
revising the Holtec HI-STORM 100 Cask System listing within the ``List 
of Approved Spent Fuel Storage Casks'' to include notification that 
Amendment No. 8 to CoC No. 1014 was corrected on November 16, 2012 
(ADAMS Accession No. ML12213A170). The change imposes no new 
requirements and makes no substantive change to the regulations. The 
revision does not involve any provisions that would impose backfits as 
defined in 10 CFR chapter I, or would be inconsistent with the issue 
finality provisions in 10 CFR part 52. For these reasons, the issuance 
of the rule in final form would not constitute backfitting. Therefore, 
a backfit analysis was not prepared.

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; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 72.


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, 2238, 2273, 2282, 2021); Energy Reorganization Act 
sec. 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); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 
119 Stat. 549 (2005).

[[Page 22413]]

    Section 72.44(g) also issued under secs. Nuclear Waste Policy 
Act 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 is also issued under sec. 218(a) (42 U.S.C. 

2. In Sec.  72.214, Certificate of Compliance 1014 is revised to read 
as follows:

Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate No.: 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).
    SAR Submitted by: Holtec International.
    SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask 
    Docket Number: 72-1014.
    Certificate Expiration Date: May 31, 2020.
    Model Number: HI-STORM 100.
* * * * *

    Dated at Rockville, Maryland, this 10th day of April, 2013.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2013-08889 Filed 4-15-13; 8:45 am]