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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72
 
NUCLEAR REGULATORY COMMISSION
 
10 CFR Part 72
 
[NRC-2022-0181]
[NRC-2022-0181]
RIN 3150-AK88 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No.
 
1032, Amendment No. 6 AGENCY: Nuclear Regulatory Commission.
RIN 3150-AK88
 
List of Approved Spent Fuel Storage Casks: Holtec Internationa l HI-STORM
 
Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No.
 
1032, Amendment No. 6
 
AGENCY: Nuclear Regulatory Commission.
 
ACTION: Direct final rule.
ACTION: Direct final rule.


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International Storage Module Flood/Wind (HI-STORM FW) Multipurpose Canister Storage System listing within the List of approved spent fuel storage casks to include Amendment No. 6 to Certificate of Compliance No. 1032. Amendment No. 6 revises and clarifies design and operational requirements in the certificate of compliance for the HI-STORM FW overpack. This amendment also incorporates additional clarifications as well as editorial changes that do not change the substantive technical information of the certificate of compliance.
: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent
 
fuel storage regulations by revising the Holtec International S torage Module Flood/Wind
 
(HI-STORM FW) Multipurpose Canister Storage System listing with in the List of
 
approved spent fuel storage casks to include Amendment No. 6 t o Certificate of
 
Compliance No. 1032. Amendment No. 6 revises and clarifies des ign and operational
 
requirements in the certificate of compliance for the HI-STORM FW overpack. This
 
amendment also incorporates additional clarifications as well a s editorial changes that
 
do not change the substantive technical information of the cert ificate of compliance.
 
DATES: This direct final rule is effective March 22, 2023, unless si gnificant adverse
 
comments are received by February 6, 2023. If this direct fina l rule is withdrawn as a
 
result of such comments, timely notice of the withdrawal will b e published in the Federal
 
Register. Comments received after this date will be considered if it i s practical to do so,
 
but the NRC is able to ensure consideration only for comments r eceived 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: Submit your comments, identified by Docket ID NRC-2022-0181,
 
at https://www.regulations.gov. If your material cannot be submitted using
 
https://www.regulations.gov, call or email the individual listed in the FOR FURTHER
 
INFORMATION CONTACT section of this document for alternate inst ructions.
 
For additional direction on obtaining information and submittin g comments,
 
see Obtaining Information and Submitting Comments in the SUPP LEMENTARY
 
INFORMATION section of this document.
 
FOR FURTHER INFORMATION CONTACT: Norma Garcia Santos, Office of Nuclear
 
Material Safety and Safeguards, telephone: 301-415-6999, email :


DATES: This direct final rule is effective March 22, 2023, unless significant adverse comments are received by February 6, 2023.        If this 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 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.
Norma.GarciaSantos@nrc.gov and Gregory Trussell, Office of Nuclear Material Safety
ADDRESSES: Submit your comments, identified by Docket ID NRC-2022-0181, at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.
 
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.
and Safeguards, telephone: 301-415-6244, email: Gregory.Trussell@nrc.gov. Both are
FOR FURTHER INFORMATION CONTACT: Norma Garcia Santos, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6999, email:
 
Norma.GarciaSantos@nrc.gov and Gregory Trussell, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6244, email: Gregory.Trussell@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
2
 
2 SUPPLEMENTARY INFORMATION:


SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS:
TABLE OF CONTENTS:
I.      Obtaining Information and Submitting Comments II. Rulemaking Procedure 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 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-2022-0181 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:
* Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0181. Address questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public 3


Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs 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.
I. Obtaining Information and Submitting Comments II. Rulemaking Procedure 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 Im pact 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
* NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. eastern time, Monday through Friday, except Federal holidays.
 
B. Submitting Comments Please include Docket ID NRC-2022-0181 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individual or individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.
I. Obtaining Information and Submitting Comments
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 https://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.
 
4
A. Obtaining Information
 
Please refer to Docket ID NRC-2022-0181 when contacting the NRC about the


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.
availability of information for this action. You may obtain pu blicly available information
II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 6 to Certificate of Compliance No. 1032 and does not include other aspects of the Holtec International Storage Multipurpose Flood/Wind (HI-STORM FW or Holtec International HI-STORM FW) Cask System design. The NRC is using the direct final rule procedure to issue this amendment because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial. Adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on [INSERT DATE 75 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. However, if the NRC receives any significant adverse comment on this direct final rule by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], 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 Rules section of this issue of the Federal Register or as otherwise appropriate. In general, absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on 5


related to this action by any of the following methods:
* Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2022-0181. Address questions about NR C dockets to Dawn
Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical
questions contact the individual listed in the FOR FURTHER INFO RMATION CONTACT
section of this document.
* NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADA MS Public
3 Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please
contact the NRCs 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 th is document are provided
in the Availability of Documents section.
* NRCs PDR: You may examine and purchase copies of public documents,
by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,
please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-
4737, between 8:00 a.m. and 4:00 p.m. eastern time, Monday thro ugh Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2022-0181 in your comment submission. The
NRC requests that you submit comments through the Federal rulemaking website
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual or individuals listed in the
FOR FURTHER INFORMATION CONTACT section of this document for al ternate
instructions.
The NRC cautions you not to include identifying or contact info rmation that you
do not want to be publicly disclosed in your comment submission. The NRC will post all
comment submissions at https://www.regulations.gov as well as e nter the comment
submissions into ADAMS. The NRC does not routinely edit commen t submissions to
remove identifying or contact information.
4 If you are requesting or aggregating comments from other person s 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 dis closed in their comment
submission. Your request should state that the NRC does not routinely edit comment
submissions to remove such information before making the commen t submissions
available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
This rule is limited to the changes contained in Amendment No. 6 to Certificate of
Compliance No. 1032 and does not include other aspects of the H oltec International
Storage Multipurpose Flood/Wind (HI-STORM FW or Holtec Internat ional HI-STORM
FW) Cask System design. The NRC is using the direct final rule pr ocedure to issue
this amendment because it represents a limited and routine chan ge to an existing
certificate of compliance that is expected to be non-controvers ial. Adequate protection
of public health and safety continues to be reasonably assured. The amendment to the
rule will become effective on [INSERT DATE 75 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. However, if the NRC receives any
significant adverse comment on this direct final rule by [INSERT DATE 30 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], then the NRC will
publish a document that withdraws this action and will subseque ntly address the
comments received in a final rule as a response to the companio n proposed rule
published in the Proposed Rules section of this issue of the Federal Register or as
otherwise appropriate. In general, absent significant modifica tions to the proposed
revisions requiring republication, the NRC will not initiate a second comment period on 5
this action.
this action.
A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rules 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 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.
: 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 to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications.
III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, states that
[t]he 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 6


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 Nuclear Waste Policy Act 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:
A significant adverse comment is a comment where the commenter explains why
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 that 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 March 28, 2011 (76 FR 17019), that approved the Holtec International HI-STORM FW System design and added it to the list of NRC approved cask designs in § 72.214, List of approved spent fuel storage casks, as Certificate of Compliance No. 1032.
IV. Discussion of Changes By {{letter dated|date=October 2, 2019|text=letter dated October 2, 2019}}, and supplemented on June 30, 2020, December 21, 2020, August 2, 2021, and November 29, 2021, Holtec International submitted a request to amend Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind 7


Multipurpose Canister Storage System. Amendment No. 6 revises the certificate and technical specifications as follows:
the rule would be inappropriate, including challenges to the ru les underlying premise or
 
approach, or would be ineffective or unacceptable without a cha nge. A comment is
 
adverse and significant if:
: 1) The comment opposes the rule and provides a reason sufficie nt to require a
 
substantive response in a notice-and-comment process. For exam ple, a substantive
 
response is required when:
 
a) The comment causes the NRC to reevaluate (or reconsider) it s position or
 
conduct additional analysis;
 
b) The comment raises an issue serious enough to warrant a sub stantive
 
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.
: 2) The comment proposes a change or an addition to the rule, a nd it is apparent
 
that the rule would be ineffective or unacceptable without inco rporation of the change or
 
addition.
: 3) The comment causes the NRC to make a change (other than edi torial) to the
 
rule, certificate of compliance, or technical specifications.
 
III. Background
 
Section 218(a) of the Nuclear Waste Policy Act of 1982, as ame nded, states that
 
[t]he 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
 
6 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 Nuclear Waste
 
Policy Act states, in part, that [t]he Commission shall, by ru le, establish procedures for
 
the licensing of any technology approved by the Commission unde r Section 219(a) [sic:
 
218(a)] for use at the site of any civilian nuclear power react or.
 
To implement this mandate, the Commission approved dry storage of spent
 
nuclear fuel in NRC-approved casks under a general license by p ublishing a final rule
 
that 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 Pow er 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 conta ins procedures and
 
criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC
 
subsequently issued a final rule on March 28, 2011 (76 FR 17019 ), that approved the
 
Holtec International HI-STORM FW System design and added it to the list of NRC
 
approved cask designs in §72.214, List of approved spent fuel storage casks, as
 
Certificate of Compliance No. 1032.
 
IV. Discussion of Changes
 
By {{letter dated|date=October 2, 2019|text=letter dated October 2, 2019}}, and supplemented on June 30, 2 020, December
 
21, 2020, August 2, 2021, and November 29, 2021, Holtec Interna tional submitted a
 
request to amend Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind
 
7 Multipurpose Canister Storage Sy stem. Amendment No. 6 revises the certificate and
 
technical specifications as follows:
* add anchored configuration for the HI-STORM FW overpack;
* add anchored configuration for the HI-STORM FW overpack;
* allow use of non-single failure proof lifting equipment during handling of heavy loads within the 10 CFR part 72 jurisdictional boundary;
* allow use of non-single failure proof lifting equipment durin g handling of
* revise LCO 3.1.2, SFSC Heat Removal System Operability, to allow an engineering evaluation to be performed in lieu of transferring the multipurpose canister (MPC) into a transfer cask;
 
* revise the Radioactive Effluent Control Program to no longer require annual submittal of a separate radioactive effluent report [10 CFR 72.44(d)(3)] for the HI-STORM FW system;
heavy loads within the 10 CFR part 72 jurisdictional boundary;
* revise the allowable contents for the MPC-37, -89, and -32ML to clarify fuel debris requirements permitted for storage;
* revise LCO 3.1.2, SFSC Heat Removal System Operability, to allow an
* revise the MPC-37, -89, and -32ML basket design features to clarify that the minimum cell ID and minimum cell wall thickness are nominal dimensions; and
 
* incorporate additional clarifications and editorial changes that do not substantively change the technical information of the certificate of compliance.
engineering evaluation to be performed in lieu of transferring the
As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that the design of the cask would continue to maintain confinement, shielding, and criticality control in the event of each evaluated accident condition. In addition, any resulting occupational exposure or 8
 
multipurpose canister (MPC) into a transfer cask;
* revise the Radioactive Effluent Control Program to no longer require
 
annual submittal of a separate radioactive effluent report [10 CFR
 
72.44(d)(3)] for the HI-STORM FW system;
* revise the allowable contents for the MPC-37, -89, and -32ML to clarify
 
fuel debris requirements permitted for storage;
* revise the MPC-37, -89, and -32ML basket design features to c larify that
 
the minimum cell ID and minimum cell wall thickness are nominal
 
dimensions; and
* incorporate additional clarifications and editorial changes t hat do not
 
substantively change the technical information of the certifica te of
 
compliance.
 
As documented in the preliminary safety evaluation report, the NRC performed a
 
safety evaluation of the proposed certificate of compliance ame ndment request. The
 
NRC determined that this amendment does not reflect a significa nt change in design or
 
fabrication of the cask. Specifically, the NRC determined that the design of the cask
 
would continue to maintain confinement, shielding, and critical ity control in the event of


offsite dose rates from the implementation of Amendment No. 6 would remain well within the limits specified by 10 CFR part 20, Standards for Protection Against Radiation.
each evaluated accident condition. In addition, any resulting occupational exposure or
Thus, the NRC found there will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents.
The NRC staff determined that the amended HI-STORM FW Cask System design, when used under the conditions specified in the certificate of compliance, the technical specifications, and the NRCs regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be reasonably assured. When this direct final rule becomes effective, persons who hold a general license under § 72.210 may, consistent with the license conditions under
§ 72.212, load spent nuclear fuel into HI-STORM FW Cask Systems that meet the criteria of Amendment No. 6 to Certificate of Compliance No. 1032.
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 revises the HI-STORM FW Cask 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.
9


VI. Agreement State Compatibility Under the Agreement State Program Policy Statement approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility Category NRC - Areas of Exclusive NRC Regulatory Authority. 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 chapter I. Therefore, compatibility is not required for program elements in this category.
8 offsite dose rates from the implementation of Amendment No. 6 w ould remain well within
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 31885).
VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement 10


is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment.
the limits specified by 10 CFR part 20, Standards for Protecti on Against Radiation.
A. The Action The action is to amend § 72.214 to revise the HI-STORM FW Cask System design listing within the List of approved spent fuel storage casks to include Amendment No. 6 to Certificate of Compliance No. 1032.
B. The Need for the Action This direct final rule amends the certificate of compliance for the HI-STORM FW Cask System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, Amendment No. 6 revises the certificate of compliance as described in Section IV, Discussion of Changes, of this document, for the use of the HI-STORM FW Cask System.
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 analyzed in the environmental assessment for the 1990 final rule.
The environmental assessment for this Amendment No. 6 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 of 1969, as amended.
The HI-STORM FW Cask System is designed to mitigate the effects of design 11


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 independent spent fuel storage installation, 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, can 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.
Thus, the NRC found there will be no significant change in the types or amounts of any
This amendment does not reflect a significant change in design or fabrication of the cask. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No.
6 would remain well within the 10 CFR part 20 limits. The NRC has also determined that the design of the cask as modified by this rule would maintain confinement, shielding, and criticality control in the event of an accident. Therefore, the proposed 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 significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report.
D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 6 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the HI-STORM FW Cask System in accordance 12


with the changes described in proposed Amendment No. 6 would have to request an exemption from the requirements of §§ 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 upon the NRC and the costs to each licensee. The environmental impacts would be the same as the proposed action.
effluent released, no significant increase in the individual or cumulative radiation
E. Alternative Use of Resources Approval of Amendment No. 6 to Certificate of Compliance No. 1032 would result in no irreversible commitment 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 the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in subpart A of 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 6, 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 13


final rule.
exposure, and no significant increase in the potential for or c onsequences from
IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Existing collections of information were approved by the Office of Management and Budget, approval number 3150-0132.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid 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 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 (§ 2.810).
14


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 1) it notifies the NRC in advance; 2) the spent fuel is stored under the conditions specified in the casks certificate of compliance; and 3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On March 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR part 72 that approved the HI-STORM FW Cask System design by adding it to the list of NRC-approved cask designs in § 72.214.
radiological accidents.
By {{letter dated|date=October 2, 2019|text=letter dated October 2, 2019}}, and supplemented on June 30, 2020, December 21, 2020, August 2, 2021, and November 29, 2021, Holtec International submitted a request to amend Certificate of Compliance No. 1032 for the HI-STORM FW Cask System as described in Section IV, Discussion of Changes, of this document.
The alternative to this action is to withhold approval of Amendment No. 6 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the HI-STORM FW Cask System under the changes described in Amendment No. 6 to request an exemption from the requirements of §§ 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 this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary safety evaluation report and environmental assessment, this direct final rule will have no adverse effect on public health and safety 15


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 this 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; therefore, this action is recommended.
The NRC staff determined that the amended HI-STORM FW Cask Sys tem
XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (§ 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises Certificate of Compliance No. 1032 for the HI-STORM FW Cask System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 6 previously described, as set forth in the revised certificate of compliance and technical specifications.
Amendment No. 6 to Certificate of Compliance No. 1032 for the HI-STORM FW Cask System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 6 applies only to new casks fabricated and used under Amendment No. 6. These changes do not affect existing users of the HI-STORM FW Cask System, and the current Amendments Nos.0 to 5 and 8 continue to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 6, this would be a voluntary decision on the part of current users.
For these reasons, Amendment No. 6 to Certificate of Compliance No. 1032 does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent 16


an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC has not prepared a backfit analysis for this rulemaking.
design, when used under the conditions specified in the certifi cate of compliance, the
XIII. Congressional Review Act This direct final rule is not a rule as defined in the Congressional Review Act.
XIV. Availability of Documents The documents identified in the following table are available to interested persons as indicated.
DOCUMENT                            ADAMS ACCESSION NO. / WEB LINK / FEDERAL REGISTER CITATION Submission of a Request to Amend the U.S.            ML19282C357 (package)
Nuclear Regulatory Commission Certificate of Compliance No. 1032, October 2, 2019 Holtec Responses to HI-STORM FW Amd. 6              ML20182A860 (package)
Requests for Supplemental Information, June 30, 2020 Holtec Responses to HI-STORM FW Amd. 6              ML20356A328 Requests for Additional Information, December 21, 2020 Supplemental Responses to HI-STORM FW                ML21214A130 (package)
Amd. 6 Requests for Additional Information, August 2, 2021 Holtec International Revised Supplemental            ML21333A137 (package)
Responses for HI-STORM FW Amd. 6 Requests for Additional Information, November 29, 2021 Certificate of Compliance No. 1032                  ML22145A411 Amendment No. 6 Preliminary Safety Evaluation Report Draft Certificate of Compliance No. 1032            ML22145A408 Amendment No. 6 17


Proposed Certificate of Compliance No. 1032    ML22145A409 Amendment No. 6 Technical Specifications, Appendix A Proposed Certificate of Compliance No. 1032    ML22145A410 Amendment No. 6 Approved Contents and Design Features, Appendix B User Need Memorandum for Rulemaking for        ML22145A407 the HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 6 The NRC may post materials related to this document, including public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2022-0181. In addition, the Federal rulemaking website allows members of the public to receive alerts when changes or additions occur in a docket folder. To subscribe: 1) navigate to the docket folder (NRC-2022-0181), 2) click the Subscribe link, and 3) enter an email address and click on the Subscribe link.
technical specifications, and the NRCs regulations, will meet the requirements of
List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, 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:
18


PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE
10 CFR part 72; therefore, adequate protection of public health and safety will continue
: 1. The authority citation for part 72 continues to read as follows:
 
Authority: Atomic Energy Act of 1954, 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, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g),
to be reasonably assured. When this direct final rule becomes effective, persons who
 
hold a general license under § 72.210 may, consistent with the license conditions under
 
§ 72.212, load spent nuclear fuel into HI-STORM FW Cask Systems that meet the
 
criteria of Amendment No. 6 to Certificate of Compliance No. 10 32.
 
V. Voluntary Consensus Standards
 
The National Technology Transfer and Advancement Act of 1995 ( Pub. L. 104-
 
113) requires that Federal agencies use technical standards tha t 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 revises the HI-STORM FW Cask System design listed in § 72.2 14, List of
 
approved spent fuel storage casks. This action does not const itute the establishment of
 
a standard that contains generally applicable requirements.
 
9 VI. Agreement State Compatibility
 
Under the Agreement State Program Policy Statement approved by the
 
Commission on October 2, 2017, and published in the Federal Register on October 18,
 
2017 (82 FR 48535), this rule is classified as Compatibility Ca tegory NRC - Areas of
 
Exclusive NRC Regulatory Authority. The NRC program elements i n this category are
 
those that relate directly to areas of regulation reserved to t he NRC by the Atomic
 
Energy Act of 1954, as amended, or the provisions of 10 CFR cha pter I. Therefore,
 
compatibility is not required for program elements in this cate gory.
 
VII. Plain Writing
 
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federa l 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 we ll as the Presidential
 
Memorandum, Plain Language in Government Writing, published J une 10, 1998 (63
 
FR 31885).
 
VIII. Environmental Assessment and Finding of No Significant I mpact
 
Under the National Environmental Policy Act of 1969, as amende d, and the
 
NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for
 
Domestic Licensing and Related Regulatory Functions, the NRC h as determined that
 
this direct final rule, if adopted, would not be a major Federa l action significantly affecting
 
the quality of the human environment and, therefore, an environ mental impact statement
 
10 is not required. The NRC has made a finding of no significant impact on the basis of this
 
environmental assessment.
 
A. The Action
 
The action is to amend § 72.214 to revise the HI-STORM FW Cask System
 
design listing within the List of approved spent fuel storage casks to include
 
Amendment No. 6 to Certificate of Compliance No. 1032.
 
B. The Need for the Action
 
This direct final rule amends the certificate of compliance for the HI-STORM FW
 
Cask System design within the list of approved spent fuel stora ge casks to allow power
 
reactor licensees to store spent fuel at reactor sites in casks with the approved
 
modifications under a general license. Specifically, Amendment No. 6 revises the
 
certificate of compliance as described in Section IV, Discussi on of Changes, of this
 
document, for the use of the HI-STORM FW Cask System.
 
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 lic ense in cask designs
 
approved by the NRC. The potential environmental impact of using NRC-approved
 
storage casks was analyzed in the environmental assessment for the 1990 final rule.
 
The environmental assessment for this Amendment No. 6 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 A ct of 1969, as amended.
 
The HI-STORM FW Cask System is designed to mitigate the effect s of design
 
11 basis accidents that could occur during storage. Design basis accidents account for
 
human-induced events and the most severe natural phenomena repo rted for the site and
 
surrounding area. Postulated accidents analyzed for an indepen dent spent fuel storage
 
installation, 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, can include tornado
 
winds and tornado-generated missiles, a design basis earthquake, a design basis flood,
 
an accidental cask drop, lightning effects, fire, explosions, a nd other incidents.
 
This amendment does not reflect a significant change in design or fabrication of
 
the cask. Because there are no significant design or process c hanges, any resulting
 
occupational exposure or offsite dose rates from the implementa tion of Amendment No.
 
6 would remain well within the 10 CFR part 20 limits. The NRC has also determined that
 
the design of the cask as modified by this rule would maintain confinement, shielding,
 
and criticality control in the event of an accident. Therefore, the proposed changes will
 
not result in any radiological or non-radiological environmenta l impacts that significantly
 
differ from the environmental impacts evaluated in the environm ental assessment
 
supporting the July 18, 1990, final rule. There will be no sig nificant change in the types
 
or significant revisions in t he amounts of any effluent released, no significant increase in
 
the individual or cumulative radiation exposures, and no signif icant increase in the
 
potential for, or consequences from, radiological accidents. T he NRC documented its
 
safety findings in the preliminary safety evaluation report.
 
D. Alternative to the Action
 
The alternative to this action is to deny approval of Amendmen t No. 6 and not
 
issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that
 
seeks to load spent nuclear fuel into the HI-STORM FW Cask Syst em in accordance
 
12 with the changes described in proposed Amendment No. 6 would ha ve to request an
 
exemption from the requirements of §§ 72.212 and 72.214. Under this alternative,
 
interested licensees would have to prepare, and the NRC would h ave to review, a
 
separate exemption request, thereby increasing the administrati ve burden upon the NRC
 
and the costs to each licensee. The environmental impacts woul d be the same as the
 
proposed action.
 
E. Alternative Use of Resources
 
Approval of Amendment No. 6 to Certificate of Compliance No. 1 032 would result
 
in no irreversible commitment of resources.
 
F. Agencies and Persons Contacted
 
No agencies or persons outside the NRC were contacted in conne ction with the
 
preparation of this environmental assessment.
 
G. Finding of No Significant Impact
 
The environmental impacts of the action have been reviewed und er the
 
requirements in the National Environmental Policy Act of 1969, as amended, and the
 
NRCs regulations in subpart A of 10 CFR part 51, Environmenta l Protection
 
Regulations for Domestic Licensing and Related Regulatory Funct ions. Based on the
 
foregoing environmental assessment, the NRC concludes that this direct final rule, List
 
of Approved Spent Fuel Storage Casks: Holtec International HI-S TORM Flood/Wind
 
Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment
 
No. 6, will not have a significant effect on the human environ ment. Therefore, the NRC
 
has determined that an environmental impact statement is not ne cessary for this direct
 
13 final rule.
 
IX. Paperwork Reduction Act Statement
 
This direct final rule does not contain any new or amended coll ections of
 
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
 
Existing collections of informat ion were approved by the Office of Management and
 
Budget, approval number 3150-0132.
 
Public Protection Notification
 
The NRC may not conduct or sponsor, and a person is not requir ed to respond
 
to, a request for information or an information collection requ irement unless the
 
requesting document displays a currently valid Office of Manage ment 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 direct final rule will not, if issued, have a signifi cant economic impact on a
 
substantial number of small entities. This direct final rule a ffects only nuclear power
 
plant licensees and Holtec International. These entities do no t fall within the scope of
 
the definition of small entities set forth in the Regulatory Fl exibility Act or the size
 
standards established by the NRC (§ 2.810).
 
14 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 gen eral license in cask
 
designs approved by the NRC. Any nuclear power reactor license e can use NRC-
 
approved cask designs to store spent nuclear fuel if 1) it noti fies the NRC in advance; 2)
 
the spent fuel is stored under the conditions specified in the casks certificate of
 
compliance; and 3) the conditions of the general license are me t. A list of NRC-
 
approved cask designs is contained in § 72.214. On March 28, 2 011 (76 FR 17019), the
 
NRC issued an amendment to 10 CFR part 72 that approved the HI-STORM FW Cask
 
System design by adding it to t he list of NRC-approved cask designs in §72.214.
 
By {{letter dated|date=October 2, 2019|text=letter dated October 2, 2019}}, and supplemented on June 30, 2020, December
 
21, 2020, August 2, 2021, and November 29, 2021, Holtec Interna tional submitted a
 
request to amend Certificate of Compliance No. 1032 for the HI-STORM FW Cask
 
System as described in Section IV, Discussion of Changes, of this document.
 
The alternative to this action is to withhold approval of Amen dment No. 6 and to
 
require any 10 CFR part 72 general licensee seeking to load spe nt nuclear fuel into the
 
HI-STORM FW Cask System under the changes described in Amendmen t No. 6 to
 
request an exemption from the requirements of §§ 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 licens ee.
 
Approval of this direct final rule is consistent with previous NRC actions. Further,
 
as documented in the preliminary safety evaluation report and e nvironmental
 
assessment, this direct final rule will have no adverse effect on public health and safety
 
15 or the environment. This direct final rule has no significant identifiable impact or benefit
 
on other government agencies. Based on this regulatory analysi s, the NRC concludes
 
that the requirements of this direct final rule are commensurat e with the NRC's
 
responsibilities for public health and safety and the common de fense and security. No
 
other available alternative is believed to be as satisfactory; therefore, this action is
 
recommended.
 
XII. Backfitting and Issue Finality
 
The NRC has determined that the backfit rule (§ 72.62) does no t apply to this
 
direct final rule. Therefore, a backfit analysis is not requir ed. This direct final rule
 
revises Certificate of Compliance No. 1032 for the HI-STORM FW Cask System, as
 
currently listed in § 72.214. The revision consists of the cha nges in Amendment No. 6
 
previously described, as set forth in the revised certificate o f compliance and technical
 
specifications.
 
Amendment No. 6 to Certificate of Compliance No. 1032 for the HI-STORM FW
 
Cask System was initiated by Holtec International and was not s ubmitted in response to
 
new NRC requirements, or an NRC request for amendment. Amendme nt No. 6 applies
 
only to new casks fabricated and used under Amendment No. 6. T hese changes do not
 
affect existing users of the HI-STORM FW Cask System, and the c urrent Amendments
 
Nos.0 to 5 and 8 continue to be effective for existing users. While current users of this
 
storage system may comply with the new requirements in Amendment No. 6, this would
 
be a voluntary decision on the part of current users.
 
For these reasons, Amendment No. 6 to Certificate of Compliance No. 1032
 
does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent
 
16 an inconsistency with the issue finality provisions applicable to combined licenses in 10
 
CFR part 52. Accordingly, the NRC has not prepared a backfit a nalysis for this
 
rulemaking.
 
XIII. Congressional Review Act
 
This direct final rule is not a rule as defined in the Congress ional Review Act.
 
XIV. Availability of Documents
 
The documents identified in the following table are available to interested
 
persons as indicated.
 
DOCUMENT ADAMS ACCESSION NO. / WEB LINK / FEDERAL REGISTER CITATION Submission of a Request to Amend the U.S. ML19282C357 (package)
Nuclear Regulatory Commission Certificate of Compliance No. 1032, October 2, 2019 Holtec Responses to HI-STORM FW Amd. 6 ML20182A860 (package)
Requests for Supplemental Information, June 30, 2020 Holtec Responses to HI-STORM FW Amd. 6 ML20356A328 Requests for Additional Information, December 21, 2020 Supplemental Responses to HI-STORM FW ML21214A130 (package)
Amd. 6 Requests for Additional Information, August 2, 2021 Holtec International Revised Supplemental ML21333A137 (package)
Responses for HI-STORM FW Amd. 6 Requests for Additional Information, November 29, 2021 Certificate of Compliance No. 1032 ML22145A411 Amendment No. 6 Preliminary Safety Evaluation Report Draft Certificate of Compliance No. 1032 ML22145A408 Amendment No. 6
 
17 Proposed Certificate of Compliance No. 1032 ML22145A409 Amendment No. 6 Technical Specifications, Appendix A Proposed Certificate of Compliance No. 1032 ML22145A410 Amendment No. 6 Approved Contents and Design Features, Appendix B User Need Memorandum for Rulemaking for ML22145A407 the HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 6
 
The NRC may post materials related to this document, including public
 
comments, on the Federal rulemaking website at https://www.regulations.gov under
 
Docket ID NRC-2022-0181. In addition, the Federal rulemaking w ebsite allows
 
members of the public to receive alerts when changes or additio ns occur in a docket
 
folder. To subscribe: 1) navigate to the docket folder (NRC-2 022-0181), 2) click the
 
Subscribe link, and 3) enter an email address and click on th e Subscribe link.
 
List of Subjects in 10 CFR Part 72
 
Administrative practice and procedure, Hazardous waste, Indian s,
 
Intergovernmental relations, Nuc lear energy, Penalties, Radiation protection, Reporting
 
and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.
 
For the reasons set out in the preamble and under the authorit y of the Atomic
 
Energy Act of 1954, as amended; the Energy Reorganization Act o f 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:
 
18 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 fol lows:
 
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 8 1, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 20 73, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 22 38, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (4 2 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g),
10168, 10198(a)); 44 U.S.C. 3504 note.
10168, 10198(a)); 44 U.S.C. 3504 note.
: 2. In § 72.214, revise Certificate of Compliance No. 1032 to read as follows:
: 2. In § 72.214, revise Certificate of Compliance No. 1032 to read as follows:
§ 72.214 List of approved spent fuel storage casks.
§ 72.214 List of approved spent fuel storage casks.
Certificate Number: 1032.
Certificate Number: 1032.
Initial Certificate Effective Date: June 13, 2011, superseded by Amendment Number 0, Revision 1, on April 25, 2016.
 
Initial Certificate Effective Date: June 13, 2011, superseded by Amendment Number 0,
 
Revision 1, on April 25, 2016.
 
Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
Amendment Number 0, Revision 1, Effective Date: April 25, 2016.
Amendment Number 1 Effective Date: December 17, 2014, superseded by Amendment Number 1, Revision 1, on June 2, 2015.
 
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.
Amendment Number 1, Revision 1, Effective Date: June 2, 2015.
Amendment Number 2 Effective Date: November 7, 2016.
Amendment Number 2 Effective Date: November 7, 2016.
Amendment Number 3 Effective Date: September 11, 2017.
Amendment Number 3 Effective Date: September 11, 2017.
Amendment Number 4 Effective Date: July 14, 2020.
Amendment Number 4 Effective Date: July 14, 2020.
Amendment Number 5 Effective Date: July 27, 2020.
Amendment Number 5 Effective Date: July 27, 2020.
Amendment Number 6 Effective Date: [INSERT DATE 75 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].
19


Amendment Number 7 [Reserved]
Amendment Number 6 Effective Date: [INSERT DATE 75 DAYS AFTER
 
PUBLICATION IN THE FEDERAL REGISTER].
19 Amendment Number 7 [Reserved]
 
Amendment Number 8 Effective Date: October 11, 2022.
Amendment Number 8 Effective Date: October 11, 2022.
SAR Submitted by: Holtec International.
SAR Submitted by: Holtec International.
SAR
SAR


==Title:==
==Title:==
Final Safety Analysis Report for the HI-STORM FW System.
Final Safety Analysis Report for the HI-STORM FW System.
Docket Number: 72-1032.
Docket Number: 72-1032.
Certificate Expiration Date: June 12, 2031.
Certificate Expiration Date: June 12, 2031.
Model Number: HI-STORM FW MPC-37, MPC-89.
Model Number: HI-STORM FW MPC-37, MPC-89.
Dated: December 21, 2022.
Dated: December 21, 2022.
For the Nuclear Regulatory Commission.
For the Nuclear Regulatory Commission.
                                      /RA/
 
/RA/
 
Daniel H. Dorman, Executive Director for Operations.
Daniel H. Dorman, Executive Director for Operations.
20}}
20}}

Revision as of 01:16, 16 November 2024

Enclosure 1 - Direct Final Rule_ - Holtec International HI-STORM Flood - Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No.6
ML22300A137
Person / Time
Issue date: 12/21/2022
From: Dan Dorman
NRC/EDO
To:
References
NRC-2022-0181, RIN 3150-AK88
Download: ML22300A137 (20)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2022-0181]

RIN 3150-AK88

List of Approved Spent Fuel Storage Casks: Holtec Internationa l HI-STORM

Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No.

1032, Amendment No. 6

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 S torage Module Flood/Wind

(HI-STORM FW) Multipurpose Canister Storage System listing with in the List of

approved spent fuel storage casks to include Amendment No. 6 t o Certificate of

Compliance No. 1032. Amendment No. 6 revises and clarifies des ign and operational

requirements in the certificate of compliance for the HI-STORM FW overpack. This

amendment also incorporates additional clarifications as well a s editorial changes that

do not change the substantive technical information of the cert ificate of compliance.

DATES: This direct final rule is effective March 22, 2023, unless si gnificant adverse

comments are received by February 6, 2023. If this direct fina l rule is withdrawn as a

result of such comments, timely notice of the withdrawal will b e published in the Federal

Register. Comments received after this date will be considered if it i s practical to do so,

but the NRC is able to ensure consideration only for comments r eceived 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: Submit your comments, identified by Docket ID NRC-2022-0181,

at https://www.regulations.gov. If your material cannot be submitted using

https://www.regulations.gov, call or email the individual listed in the FOR FURTHER

INFORMATION CONTACT section of this document for alternate inst ructions.

For additional direction on obtaining information and submittin g comments,

see Obtaining Information and Submitting Comments in the SUPP LEMENTARY

INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Norma Garcia Santos, Office of Nuclear

Material Safety and Safeguards, telephone: 301-415-6999, email :

Norma.GarciaSantos@nrc.gov and Gregory Trussell, Office of Nuclear Material Safety

and Safeguards, telephone: 301-415-6244, email: Gregory.Trussell@nrc.gov. Both are

staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

2 SUPPLEMENTARY INFORMATION:

TABLE OF CONTENTS:

I. Obtaining Information and Submitting Comments II. Rulemaking Procedure 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 Im pact 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-2022-0181 when contacting the NRC about the

availability of information for this action. You may obtain pu blicly available information

related to this action by any of the following methods:

search for Docket ID NRC-2022-0181. Address questions about NR C dockets to Dawn

Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical

questions contact the individual listed in the FOR FURTHER INFO RMATION CONTACT

section of this document.

  • NRCs Agencywide Documents Access and Management System

(ADAMS): You may obtain publicly available documents online in the ADA MS Public

3 Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the

search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please

contact the NRCs 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 th is document are provided

in the Availability of Documents section.

  • NRCs PDR: You may examine and purchase copies of public documents,

by appointment, at the NRCs PDR, Room P1 B35, One White Flint North, 11555

Rockville Pike, Rockville, Maryland 20852. To make an appointm ent to visit the PDR,

please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-

4737, between 8:00 a.m. and 4:00 p.m. eastern time, Monday thro ugh Friday, except

Federal holidays.

B. Submitting Comments

Please include Docket ID NRC-2022-0181 in your comment submission. The

NRC requests that you submit comments through the Federal rulemaking website

at https://www.regulations.gov. If your material cannot be submitted

using https://www.regulations.gov, call or email the individual or individuals listed in the

FOR FURTHER INFORMATION CONTACT section of this document for al ternate

instructions.

The NRC cautions you not to include identifying or contact info rmation that you

do not want to be publicly disclosed in your comment submission. The NRC will post all

comment submissions at https://www.regulations.gov as well as e nter the comment

submissions into ADAMS. The NRC does not routinely edit commen t submissions to

remove identifying or contact information.

4 If you are requesting or aggregating comments from other person s 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 dis closed in their comment

submission. Your request should state that the NRC does not routinely edit comment

submissions to remove such information before making the commen t submissions

available to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

This rule is limited to the changes contained in Amendment No. 6 to Certificate of

Compliance No. 1032 and does not include other aspects of the H oltec International

Storage Multipurpose Flood/Wind (HI-STORM FW or Holtec Internat ional HI-STORM

FW) Cask System design. The NRC is using the direct final rule pr ocedure to issue

this amendment because it represents a limited and routine chan ge to an existing

certificate of compliance that is expected to be non-controvers ial. Adequate protection

of public health and safety continues to be reasonably assured. The amendment to the

rule will become effective on [INSERT DATE 75 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER]. However, if the NRC receives any

significant adverse comment on this direct final rule by [INSERT DATE 30 DAYS

AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER], then the NRC will

publish a document that withdraws this action and will subseque ntly address the

comments received in a final rule as a response to the companio n proposed rule

published in the Proposed Rules section of this issue of the Federal Register or as

otherwise appropriate. In general, absent significant modifica tions to the proposed

revisions requiring republication, the NRC will not initiate a second comment period on 5

this action.

A significant adverse comment is a comment where the commenter explains why

the rule would be inappropriate, including challenges to the ru les underlying premise or

approach, or would be ineffective or unacceptable without a cha nge. A comment is

adverse and significant if:

1) The comment opposes the rule and provides a reason sufficie nt to require a

substantive response in a notice-and-comment process. For exam ple, a substantive

response is required when:

a) The comment causes the NRC to reevaluate (or reconsider) it s position or

conduct additional analysis;

b) The comment raises an issue serious enough to warrant a sub stantive

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.

2) The comment proposes a change or an addition to the rule, a nd it is apparent

that the rule would be ineffective or unacceptable without inco rporation of the change or

addition.

3) The comment causes the NRC to make a change (other than edi torial) to the

rule, certificate of compliance, or technical specifications.

III. Background

Section 218(a) of the Nuclear Waste Policy Act of 1982, as ame nded, states that

[t]he 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

6 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 Nuclear Waste

Policy Act states, in part, that [t]he Commission shall, by ru le, establish procedures for

the licensing of any technology approved by the Commission unde r Section 219(a) [sic:

218(a)] for use at the site of any civilian nuclear power react or.

To implement this mandate, the Commission approved dry storage of spent

nuclear fuel in NRC-approved casks under a general license by p ublishing a final rule

that 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 Pow er 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 conta ins procedures and

criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC

subsequently issued a final rule on March 28, 2011 (76 FR 17019 ), that approved the

Holtec International HI-STORM FW System design and added it to the list of NRC

approved cask designs in §72.214, List of approved spent fuel storage casks, as

Certificate of Compliance No. 1032.

IV. Discussion of Changes

By letter dated October 2, 2019, and supplemented on June 30, 2 020, December

21, 2020, August 2, 2021, and November 29, 2021, Holtec Interna tional submitted a

request to amend Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind

7 Multipurpose Canister Storage Sy stem. Amendment No. 6 revises the certificate and

technical specifications as follows:

  • add anchored configuration for the HI-STORM FW overpack;
  • allow use of non-single failure proof lifting equipment durin g handling of

heavy loads within the 10 CFR part 72 jurisdictional boundary;

  • revise LCO 3.1.2, SFSC Heat Removal System Operability, to allow an

engineering evaluation to be performed in lieu of transferring the

multipurpose canister (MPC) into a transfer cask;

  • revise the Radioactive Effluent Control Program to no longer require

annual submittal of a separate radioactive effluent report [10 CFR

72.44(d)(3)] for the HI-STORM FW system;

  • revise the allowable contents for the MPC-37, -89, and -32ML to clarify

fuel debris requirements permitted for storage;

  • revise the MPC-37, -89, and -32ML basket design features to c larify that

the minimum cell ID and minimum cell wall thickness are nominal

dimensions; and

  • incorporate additional clarifications and editorial changes t hat do not

substantively change the technical information of the certifica te of

compliance.

As documented in the preliminary safety evaluation report, the NRC performed a

safety evaluation of the proposed certificate of compliance ame ndment request. The

NRC determined that this amendment does not reflect a significa nt change in design or

fabrication of the cask. Specifically, the NRC determined that the design of the cask

would continue to maintain confinement, shielding, and critical ity control in the event of

each evaluated accident condition. In addition, any resulting occupational exposure or

8 offsite dose rates from the implementation of Amendment No. 6 w ould remain well within

the limits specified by 10 CFR part 20, Standards for Protecti on Against Radiation.

Thus, the NRC found there will be no significant change in the types or amounts of any

effluent released, no significant increase in the individual or cumulative radiation

exposure, and no significant increase in the potential for or c onsequences from

radiological accidents.

The NRC staff determined that the amended HI-STORM FW Cask Sys tem

design, when used under the conditions specified in the certifi cate of compliance, the

technical specifications, and the NRCs regulations, will meet the requirements of

10 CFR part 72; therefore, adequate protection of public health and safety will continue

to be reasonably assured. When this direct final rule becomes effective, persons who

hold a general license under § 72.210 may, consistent with the license conditions under

§ 72.212, load spent nuclear fuel into HI-STORM FW Cask Systems that meet the

criteria of Amendment No. 6 to Certificate of Compliance No. 10 32.

V. Voluntary Consensus Standards

The National Technology Transfer and Advancement Act of 1995 ( Pub. L. 104-

113) requires that Federal agencies use technical standards tha t 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 revises the HI-STORM FW Cask System design listed in § 72.2 14, List of

approved spent fuel storage casks. This action does not const itute the establishment of

a standard that contains generally applicable requirements.

9 VI. Agreement State Compatibility

Under the Agreement State Program Policy Statement approved by the

Commission on October 2, 2017, and published in the Federal Register on October 18,

2017 (82 FR 48535), this rule is classified as Compatibility Ca tegory NRC - Areas of

Exclusive NRC Regulatory Authority. The NRC program elements i n this category are

those that relate directly to areas of regulation reserved to t he NRC by the Atomic

Energy Act of 1954, as amended, or the provisions of 10 CFR cha pter I. Therefore,

compatibility is not required for program elements in this cate gory.

VII. Plain Writing

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federa l 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 we ll as the Presidential

Memorandum, Plain Language in Government Writing, published J une 10, 1998 (63

FR 31885).

VIII. Environmental Assessment and Finding of No Significant I mpact

Under the National Environmental Policy Act of 1969, as amende d, and the

NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for

Domestic Licensing and Related Regulatory Functions, the NRC h as determined that

this direct final rule, if adopted, would not be a major Federa l action significantly affecting

the quality of the human environment and, therefore, an environ mental impact statement

10 is not required. The NRC has made a finding of no significant impact on the basis of this

environmental assessment.

A. The Action

The action is to amend § 72.214 to revise the HI-STORM FW Cask System

design listing within the List of approved spent fuel storage casks to include

Amendment No. 6 to Certificate of Compliance No. 1032.

B. The Need for the Action

This direct final rule amends the certificate of compliance for the HI-STORM FW

Cask System design within the list of approved spent fuel stora ge casks to allow power

reactor licensees to store spent fuel at reactor sites in casks with the approved

modifications under a general license. Specifically, Amendment No. 6 revises the

certificate of compliance as described in Section IV, Discussi on of Changes, of this

document, for the use of the HI-STORM FW Cask System.

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 lic ense in cask designs

approved by the NRC. The potential environmental impact of using NRC-approved

storage casks was analyzed in the environmental assessment for the 1990 final rule.

The environmental assessment for this Amendment No. 6 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 A ct of 1969, as amended.

The HI-STORM FW Cask System is designed to mitigate the effect s of design

11 basis accidents that could occur during storage. Design basis accidents account for

human-induced events and the most severe natural phenomena repo rted for the site and

surrounding area. Postulated accidents analyzed for an indepen dent spent fuel storage

installation, 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, can include tornado

winds and tornado-generated missiles, a design basis earthquake, a design basis flood,

an accidental cask drop, lightning effects, fire, explosions, a nd other incidents.

This amendment does not reflect a significant change in design or fabrication of

the cask. Because there are no significant design or process c hanges, any resulting

occupational exposure or offsite dose rates from the implementa tion of Amendment No.

6 would remain well within the 10 CFR part 20 limits. The NRC has also determined that

the design of the cask as modified by this rule would maintain confinement, shielding,

and criticality control in the event of an accident. Therefore, the proposed changes will

not result in any radiological or non-radiological environmenta l impacts that significantly

differ from the environmental impacts evaluated in the environm ental assessment

supporting the July 18, 1990, final rule. There will be no sig nificant change in the types

or significant revisions in t he amounts of any effluent released, no significant increase in

the individual or cumulative radiation exposures, and no signif icant increase in the

potential for, or consequences from, radiological accidents. T he NRC documented its

safety findings in the preliminary safety evaluation report.

D. Alternative to the Action

The alternative to this action is to deny approval of Amendmen t No. 6 and not

issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that

seeks to load spent nuclear fuel into the HI-STORM FW Cask Syst em in accordance

12 with the changes described in proposed Amendment No. 6 would ha ve to request an

exemption from the requirements of §§ 72.212 and 72.214. Under this alternative,

interested licensees would have to prepare, and the NRC would h ave to review, a

separate exemption request, thereby increasing the administrati ve burden upon the NRC

and the costs to each licensee. The environmental impacts woul d be the same as the

proposed action.

E. Alternative Use of Resources

Approval of Amendment No. 6 to Certificate of Compliance No. 1 032 would result

in no irreversible commitment of resources.

F. Agencies and Persons Contacted

No agencies or persons outside the NRC were contacted in conne ction with the

preparation of this environmental assessment.

G. Finding of No Significant Impact

The environmental impacts of the action have been reviewed und er the

requirements in the National Environmental Policy Act of 1969, as amended, and the

NRCs regulations in subpart A of 10 CFR part 51, Environmenta l Protection

Regulations for Domestic Licensing and Related Regulatory Funct ions. Based on the

foregoing environmental assessment, the NRC concludes that this direct final rule, List

of Approved Spent Fuel Storage Casks: Holtec International HI-S TORM Flood/Wind

Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment

No. 6, will not have a significant effect on the human environ ment. Therefore, the NRC

has determined that an environmental impact statement is not ne cessary for this direct

13 final rule.

IX. Paperwork Reduction Act Statement

This direct final rule does not contain any new or amended coll ections of

information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Existing collections of informat ion were approved by the Office of Management and

Budget, approval number 3150-0132.

Public Protection Notification

The NRC may not conduct or sponsor, and a person is not requir ed to respond

to, a request for information or an information collection requ irement unless the

requesting document displays a currently valid Office of Manage ment 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 direct final rule will not, if issued, have a signifi cant economic impact on a

substantial number of small entities. This direct final rule a ffects only nuclear power

plant licensees and Holtec International. These entities do no t fall within the scope of

the definition of small entities set forth in the Regulatory Fl exibility Act or the size

standards established by the NRC (§ 2.810).

14 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 gen eral license in cask

designs approved by the NRC. Any nuclear power reactor license e can use NRC-

approved cask designs to store spent nuclear fuel if 1) it noti fies the NRC in advance; 2)

the spent fuel is stored under the conditions specified in the casks certificate of

compliance; and 3) the conditions of the general license are me t. A list of NRC-

approved cask designs is contained in § 72.214. On March 28, 2 011 (76 FR 17019), the

NRC issued an amendment to 10 CFR part 72 that approved the HI-STORM FW Cask

System design by adding it to t he list of NRC-approved cask designs in §72.214.

By letter dated October 2, 2019, and supplemented on June 30, 2020, December

21, 2020, August 2, 2021, and November 29, 2021, Holtec Interna tional submitted a

request to amend Certificate of Compliance No. 1032 for the HI-STORM FW Cask

System as described in Section IV, Discussion of Changes, of this document.

The alternative to this action is to withhold approval of Amen dment No. 6 and to

require any 10 CFR part 72 general licensee seeking to load spe nt nuclear fuel into the

HI-STORM FW Cask System under the changes described in Amendmen t No. 6 to

request an exemption from the requirements of §§ 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 licens ee.

Approval of this direct final rule is consistent with previous NRC actions. Further,

as documented in the preliminary safety evaluation report and e nvironmental

assessment, this direct final rule will have no adverse effect on public health and safety

15 or the environment. This direct final rule has no significant identifiable impact or benefit

on other government agencies. Based on this regulatory analysi s, the NRC concludes

that the requirements of this direct final rule are commensurat e with the NRC's

responsibilities for public health and safety and the common de fense and security. No

other available alternative is believed to be as satisfactory; therefore, this action is

recommended.

XII. Backfitting and Issue Finality

The NRC has determined that the backfit rule (§ 72.62) does no t apply to this

direct final rule. Therefore, a backfit analysis is not requir ed. This direct final rule

revises Certificate of Compliance No. 1032 for the HI-STORM FW Cask System, as

currently listed in § 72.214. The revision consists of the cha nges in Amendment No. 6

previously described, as set forth in the revised certificate o f compliance and technical

specifications.

Amendment No. 6 to Certificate of Compliance No. 1032 for the HI-STORM FW

Cask System was initiated by Holtec International and was not s ubmitted in response to

new NRC requirements, or an NRC request for amendment. Amendme nt No. 6 applies

only to new casks fabricated and used under Amendment No. 6. T hese changes do not

affect existing users of the HI-STORM FW Cask System, and the c urrent Amendments

Nos.0 to 5 and 8 continue to be effective for existing users. While current users of this

storage system may comply with the new requirements in Amendment No. 6, this would

be a voluntary decision on the part of current users.

For these reasons, Amendment No. 6 to Certificate of Compliance No. 1032

does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent

16 an inconsistency with the issue finality provisions applicable to combined licenses in 10

CFR part 52. Accordingly, the NRC has not prepared a backfit a nalysis for this

rulemaking.

XIII. Congressional Review Act

This direct final rule is not a rule as defined in the Congress ional Review Act.

XIV. Availability of Documents

The documents identified in the following table are available to interested

persons as indicated.

DOCUMENT ADAMS ACCESSION NO. / WEB LINK / FEDERAL REGISTER CITATION Submission of a Request to Amend the U.S. ML19282C357 (package)

Nuclear Regulatory Commission Certificate of Compliance No. 1032, October 2, 2019 Holtec Responses to HI-STORM FW Amd. 6 ML20182A860 (package)

Requests for Supplemental Information, June 30, 2020 Holtec Responses to HI-STORM FW Amd. 6 ML20356A328 Requests for Additional Information, December 21, 2020 Supplemental Responses to HI-STORM FW ML21214A130 (package)

Amd. 6 Requests for Additional Information, August 2, 2021 Holtec International Revised Supplemental ML21333A137 (package)

Responses for HI-STORM FW Amd. 6 Requests for Additional Information, November 29, 2021 Certificate of Compliance No. 1032 ML22145A411 Amendment No. 6 Preliminary Safety Evaluation Report Draft Certificate of Compliance No. 1032 ML22145A408 Amendment No. 6

17 Proposed Certificate of Compliance No. 1032 ML22145A409 Amendment No. 6 Technical Specifications, Appendix A Proposed Certificate of Compliance No. 1032 ML22145A410 Amendment No. 6 Approved Contents and Design Features, Appendix B User Need Memorandum for Rulemaking for ML22145A407 the HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 6

The NRC may post materials related to this document, including public

comments, on the Federal rulemaking website at https://www.regulations.gov under

Docket ID NRC-2022-0181. In addition, the Federal rulemaking w ebsite allows

members of the public to receive alerts when changes or additio ns occur in a docket

folder. To subscribe: 1) navigate to the docket folder (NRC-2 022-0181), 2) click the

Subscribe link, and 3) enter an email address and click on th e Subscribe link.

List of Subjects in 10 CFR Part 72

Administrative practice and procedure, Hazardous waste, Indian s,

Intergovernmental relations, Nuc lear energy, Penalties, Radiation protection, Reporting

and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.

For the reasons set out in the preamble and under the authorit y of the Atomic

Energy Act of 1954, as amended; the Energy Reorganization Act o f 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:

18 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 fol lows:

Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 8 1, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 20 73, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 22 38, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (4 2 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g),

10168, 10198(a)); 44 U.S.C. 3504 note.

2. In § 72.214, revise Certificate of Compliance No. 1032 to read as follows:

§ 72.214 List of approved spent fuel storage casks.

Certificate Number: 1032.

Initial Certificate Effective Date: June 13, 2011, superseded by Amendment Number 0,

Revision 1, on April 25, 2016.

Amendment Number 0, Revision 1, Effective Date: April 25, 2016.

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.

Amendment Number 2 Effective Date: November 7, 2016.

Amendment Number 3 Effective Date: September 11, 2017.

Amendment Number 4 Effective Date: July 14, 2020.

Amendment Number 5 Effective Date: July 27, 2020.

Amendment Number 6 Effective Date: [INSERT DATE 75 DAYS AFTER

PUBLICATION IN THE FEDERAL REGISTER].

19 Amendment Number 7 [Reserved]

Amendment Number 8 Effective Date: October 11, 2022.

SAR Submitted by: Holtec International.

SAR

Title:

Final Safety Analysis Report for the HI-STORM FW System.

Docket Number: 72-1032.

Certificate Expiration Date: June 12, 2031.

Model Number: HI-STORM FW MPC-37, MPC-89.

Dated: December 21, 2022.

For the Nuclear Regulatory Commission.

/RA/

Daniel H. Dorman, Executive Director for Operations.

20