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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
April 28, 2021, 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. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action.
A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the 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-andcomment process. For example, a substantive response is required when:
a The comment causes the NRC staff to reevaluate or reconsider its position or conduct additional analysis;
b The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or c The comment raises a relevant issue that was not previously addressed or considered by the NRC.
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;
or 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 218a of the Nuclear Waste Policy Act of 1982, as amended, requires that the Secretary of the Department of Energy shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Nuclear Regulatory Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Section 133 of the Nuclear Waste Policy Act states, in part, that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219a sic:

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218a 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 May 1, 2000 65 FR 25241, that approved the Holtec International HISTORM 100 Cask System 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. 1014.
IV. Discussion of Changes On March 20, 2019, Holtec International submitted a request to amend Certificate of Compliance No.
1014 for the HISTORM 100 Cask System. Holtec International supplemented its request on September 16, 2019; April 28, 2020; May 15, 2020;
June 12, 2020; June 22, 2020; July 30, 2020; August 14, 2020; September 1, 2020; and September 25, 2020.
Amendment No. 15 revises the certificate of compliance as follows:
1. Adds a new version of a transfer cask, HITRAC MS maximum shielded, which includes an option for variable weight of the lead and water jacket and cooling passages to the bottom lid. HITRAC MS is to be used with all multipurpose canisters MPCs approved for use in Amendment Nos. 0
through 14 to the HISTORM 100
System and the newly proposed MPC
32M, MPC32 Version 1, and MPC68
Version 1.
2. Includes MPC32M for storage in the HISTORM 100 System.
3. Includes MPC32 Version 1 and MPC68 Version 1 for storage in HI
STORM 100 System.
4. Adds the new overpack, HI
STORM 100S Version E, and allows it to be used with all MPCs approved for use in Amendment Nos. 0 through 14 to the HISTORM 100 System and the newly proposed MPC32M, MPC32
Version 1, and MPC68 Version 1.
5. Adds three additional boiling water reactor fuel types to the approved content for MPC68M: 10x10I, 10x10J, and 11x11A.

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6. Lowers the allowed ambient temperature from 80 F to 70 F for HI
STORM 100S Version E.
7. Adds HIDRIP and dry ice jacket ancillary system as additional cooling when the MPC is loaded in the HI
TRAC transfer cask.
8. Allows for partial gadolinium credit for boiling water reactor fuel assemblies types 10x10 and 11x11
assembly classes in MPC68M.
9. Includes allowance for canisters currently loaded under earlier amendments which had different helium leak test requirements.
10. Updates Drawing No. 7195 for the MPC68M by removing dimensions which are not used in the safety analysis.
11. Includes dry ice jacket as optional alternate cooling method for short-term operation of the loaded HITRAC.
Holtec International originally proposed an additional change, which it did not pursue and the staff did not review. As Holtec International listed this change as proposed change 9 and the staffs preliminary safety evaluation report retained Holtec Internationals numbering, the preliminary safety evaluation report refers to changes 9, 10, and 11 as proposed changes 10, 11, and 12, respectively.
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. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 15
would remain well within the limits specified by 10 CFR part 20, Standards for Protection 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 consequences from radiological accidents.
The NRC determined that the amended Holtec International HI
STORM 100 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
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