Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-09-09.xml --- 79 174 Tuesday, September 9, 2014 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Air Force Air Force Department NOTICES Meetings: U.S. Air Force Academy Board of Visitors, 53422-53423 2014-21398 Animal Animal and Plant Health Inspection Service PROPOSED RULES Establishing a Performance Standard for Authorizing the Importation and Interstate Movement of Fruits and Vegetables, 53346-53352 2014-21406 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53422 2014-21425 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53427-53430 2014-21377 2014-21379 Georgia Tuberculosis Outbreak among Homeless, 53430 2014-21455 Civil Rights Civil Rights Commission NOTICES Meetings: Kansas Advisory Committee; Potential Project Topics, 53407 2014-21396 Nevada Advisory Committee, 53406-53407 2014-21395 Coast Guard Coast Guard RULES Drawbridge Operations:

Boeuf Bayou, Amelia, LA, 53294 2014-21384 Safety Zones: Tarague Basin; Anderson AFB, GU, 53295-53297 2014-21382 Vigor Industrial Ferry Construction, West Duwamish Waterway, Seattle, WA, 53297-53299 2014-21387 Special Local Regulations: Hydrocross, Lake Dora; Tavares, FL, 53291-53294 2014-21386 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53407 2014-21323 Commodity Futures Commodity Futures Trading Commission NOTICES Committee Reestablishments: Agricultural Advisory Committee, 53421-53422 2014-21410 Global Markets Advisory Committee, 53421 2014-21411 Defense Department Defense Department See Air Force Department Drug Drug Enforcement Administration RULES Disposal of Controlled Substances, 53520-53570 2014-20926 Economic Analysis Bureau Economic Analysis Bureau RULES Direct Investment Surveys:

Survey of New Foreign Direct Investment in the United States; Correction, 53291 2014-21334 PROPOSED RULES Direct Investment Surveys: Survey of U.S. Direct Investment Abroad; Correction, 53355 2014-21330 Employment and Training Employment and Training Administration NOTICES Worker Adjustment Assistance; Investigations, 53447-53448 2014-21348 Worker Adjustment Assistance; Amended Certifications: Flextronics International Inc., et al., Fort Worth, TX, 53448 2014-21345 Honeywell International, Inc., et al., Phoenix, AZ, et al., 53448-53449 2014-21347 Worker and Alternative Trade Adjustment Assistance;

Determinations, 53449-53450 2014-21349 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Charter Renewals: Secretary of Energy Advisory Board, 53423 2014-21405 Meetings: Environmental Management Site-Specific Advisory Board, Savannah River Site, 53423-53424 2014-21404 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Revision to Control Volatile Organic Compound Emissions from Storage Tanks, 53299-53303 2014-21306 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Texas; Revision to Control Volatile Organic Compound Emissions from Storage Tanks, 53355 2014-21305 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Meetings: Advisory Committee of the Export-Import Bank of the United States, 53425 2014-21328 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.

) Airplanes, 53285-53288 2014-18311 Rockwell Collins, Inc. Transponders, 53288-53291 2014-21027 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: AVIATOR Customer Satisfaction Survey, 53507 2014-21456 Commercial Space Transportation Reusable Launch Vehicle and Reentry Licensing Regulation, 53507-53508 2014-21443 License Requirements for Operation of a Launch Site, 53508 2014-21445 Protection of Voluntarily Submitted Information, 53508-53509 2014-21461 Reporting of Information Using Special Airworthiness Information Bulletin, 53506-53507 2014-21460 Reporting of Laser Illumination of Aircraft, 53509 2014-21448 Special Awareness Training for the Washington, DC Metropolitan Area, 53506 2014-21457 Federal Communications Federal Communications Commission RULES Misuse of Internet Protocol Captioned Telephone Service;

Correction, 53303 2014-21053 PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 53356 2014-21372 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 53424-53425 2014-21322 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 53509-53510 2014-21437 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers: Application for American Moving and Storage Association Exemption from the 14-Hour Rule, 53510-53511 2014-21428 New Entrant Safety Assurance Program Operational Test, 53511-53512 2014-21424 Qualification of Drivers;

Exemption Applications: Epilepsy and Seizure Disorders, 53512-53514 2014-21421 Vision, 53514-53517 2014-21427 Federal Railroad Federal Railroad Administration PROPOSED RULES Securement of Unattended Equipment, 53356-53383 2014-21253 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53426-53427 2014-21397 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 53427 2014-21374 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Agave eggersiana and Gonocalyx concolor, and Threatened Species Status for Varronia rupicola; Status, 53303-53315 2014-21231 Agave eggersiana, Gonocalyx concolor, and Varronia rupicola; Critical Habitat Designation, 53315-53344 2014-21232 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Oregon Spotted Frog; Critical Habitat Designation, 53384 2014-21230 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fish Monitoring Survey—Central Valley, CA, 53439 2014-21353 Environmental Assessments;

Availability, etc.: Big Muddy National Fish and Wildlife Refuge, 53440 2014-21420 National Elk Refuge, Jackson, WY; Comprehensive Conservation Plan, 53440-53442 2014-21415 Food and Drug Food and Drug Administration NOTICES Charter Renewals: Advisory Committee; Correction, 53430 2014-21369 Exploring the Expansion of Conditional Approval to Appropriate Categories of New Animal Drugs, 53430-53431 2014-21227 Exploring the Feasibility of Pursuing Statutory Revisions, Other Modifications to Existing Procedures and Requirements Related to the Approval of Combination Drug Medicated Feeds, 53431-53432 2014-21226 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 53517 2014-21388 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings;

Sunshine Act, 53447 2014-21539 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Orbital Sciences Corp., Foreign-Trade Zone 75, Phoenix, AZ, 53408 2014-21462 Reorganizations under Alternative Site Framework: Foreign-Trade Zone 160, Anchorage, AK, 53408 2014-21470 Forest Forest Service NOTICES Meetings: Ravalli County Resource Advisory Committee, 53406 2014-21352 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 53442 2014-21367 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 53435-53436 2014-21337 Senior Executive Service Performance Review Board Members, 53436-53438 2014-21336 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same, 53445-53446 2014-21378 Certain Silicon Microphone Packages and Products Containing Same, 53446-53447 2014-21354 Justice Department Justice Department See Drug Enforcement Administration See Foreign Claims Settlement Commission NOTICES Consent Decrees under CERCLA, 53447 2014-21383 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Alaska Resource Advisory Council, 53442-53443 2014-21435 Oil and Gas Lease Sales: North Dakota, 53443 2014-21432 2014-21434 Plats of Surveys: Colorado, 53443-53444 2014-21423 2014-21429 Nebraska and Wyoming, 53444-53445 2014-21433 National Institute National Institute of Standards and Technology NOTICES National Voluntary Conformity Assessment Systems Evaluation Program Services; Termination, 53408-53409 2014-21412 National Institute National Institutes of Health NOTICES Charter Renewals:

Fogarty International Center Advisory Board, 53432 2014-21338 Meetings: Center for Scientific Review, 53433-53435 2014-21343 2014-21344 National Cancer Institute, 53433 2014-21339 National Eye Institute, 53435 2014-21340 National Institute on Alcohol Abuse and Alcoholism, 53435 2014-21341 National Institute on Drug Abuse, 53434 2014-21342 National Oceanic National Oceanic and Atmospheric Administration RULES Gulf of Mexico Highly Migratory Species: Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks, 53344-53345 2014-21376 PROPOSED RULES Endangered and Threatened Species:

Steller Sea Lions; Critical Habitat Designation; Public Meetings, 53384-53385 2014-21416 Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Seabird Avoidance Measures, 53401-53405 2014-21474 Vessel Monitoring Systems: Enhanced Mobile Transceiver Unit and Mobile Communication Service Type—Approval, 53386-53401 2014-21271 NOTICES Meetings: Sanctuary System Business Advisory Council, 53409 2014-21536 Takes of Marine Mammals Incidental to Specified Activities: Block Island Wind Farm Construction, 53409-53421 2014-21417 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 53455 2014-21570 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Underground Maximum Capacity Canister Storage System Certificate of Compliance, 53281-53285 2014-21418 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Underground Maximum Capacity Canister Storage System, 53352-53355 2014-21419 NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 53455-53464 2014-19880 Temporary Exemptions:

Uranerz Energy Corp., 53464-53466 2014-21413 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coke Oven Emissions Standard, 53450-53453 2014-21371 2014-21399 Requests for Nominations: Federal Advisory Council on Occupational Safety and Health, 53453-53455 2014-21373 Office of United States Trade Representative See Trade Representative, Office of United States Pension Benefit Pension Benefit Guaranty Corporation NOTICES Privacy Act;

Systems of Records, 53572-53596 2014-21438 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Days of Prayer and Remembrance (Proc. 9162), 53597-53600 2014-21653 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53466 2014-21366 Applications: Eagle Capital Appreciation Fund, et al., 53468-53471 2014-21365 Garrison Capital, Inc., et al., 53466-53467 2014-21381 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 53498-53500 2014-21364 NASDAQ OMX BX, Inc., 53483-53485, 53490-53492 2014-21358 2014-21359 NASDAQ OMX PHLX LLC, 53485-53488, 53494-53496 2014-21362 2014-21363 New York Stock Exchange, LLC, 53475-53482, 53496-53498 2014-21355 2014-21391 NYSE Arca, Inc., 53488-53490, 53492-53494 2014-21357 2014-21389 NYSE MKT, LLC, 53482-53483 2014-21390 The NASDAQ Stock Market LLC, 53471-53475, 53500-53503 2014-21356 2014-21360 2014-21361 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53503 2014-21444 2014-21446 Disaster Declarations: Missouri, 53504 2014-21436 State of Washington, 53503-53504 2014-21440 Meetings: National Small Business Development Center Advisory Board, 53505 2014-21442 National Women's Business Council, 53504 2014-21272 Trade Representative Trade Representative, Office of United States NOTICES Tariff-Rate Quota: Raw Cane Sugar, Refined and Specialty Sugar, and Sugar-Containing Products, 53505-53506 2014-21321 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Flight Crew Self-Defense Training; Registration and Evaluation, 53438-53439 2014-21409 Treasury Treasury Department See Foreign Assets Control Office Separate Parts In This Issue Part II Justice Department, Drug Enforcement Administration, 53520-53570 2014-20926 Part III Pension Benefit Guaranty Corporation, 53572-53596 2014-21438 Part IV Presidential Documents, 53597-53600 2014-21653 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 79 174 Tuesday, September 9, 2014 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2014-0120] RIN 3150-AJ42 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Underground Maximum Capacity Canister Storage System, Certificate of Compliance No. 1040 AGENCY:

Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is amending its spent fuel storage regulations by adding the Holtec International HI-STORM Underground Maximum Capacity

(UMAX)Canister Storage System, Certificate of Compliance

(CoC)No. 1040, to the “List of approved spent fuel storage casks.” Holtec International intends to provide an underground storage option compatible with the Holtec International HI-STORM FLOOD/WIND

(FW)System (CoC No. 1032). The HI-STORM UMAX Canister Storage System stores a hermetically sealed canister containing spent nuclear fuel in an in-ground vertical ventilated module. The HI-STORM UMAX Canister Storage System is designed to provide long-term underground storage of loaded multi-purpose canisters previously certified for storage in CoC No. 1032. DATES: The final rule is effective November 24, 2014, unless a significant adverse comment is received by October 9, 2014. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the **Federal Register** . Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date. ADDRESSES: Please refer to Docket ID NRC-2014-0120 when contacting the NRC about the availability of information for this direct final rule. You may access publicly-available information related to this direct final rule by any of the following methods: • Federal Rulemaking Web site: Go to *http://www.regulations.gov* and search for Docket ID NRC-2014-0120. Address questions about NRC dockets to Carol Gallagher; telephone: 301-287-3422; email: *Carol.Gallagher@nrc.gov.* For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at *http://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room

(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by email to *pdr.resource@nrc.gov.* For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the “Availability of Documents” section. • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Gregory R. Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6445, email: *Gregory.Trussell@nrc.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Procedural Background II. Background III. Discussion of Changes IV. Voluntary Consensus Standards V. Agreement State Compatibility VI. Plain Writing VII. Environmental Assessment and Finding of No Significant Environmental Impact VIII. Paperwork Reduction Act Statement IX. Regulatory Flexibility Certification X. Regulatory Analysis XI. Backfitting and Issue Finality XII. Congressional Review Act XIII. Availability of Documents I. Procedural Background The NRC is using the “direct final rule procedure” to add CoC No. 1040 to the list of approved spent fuel storage casks because the Holtec International HI-STORM UMAX Canister Storage System is similar to other previously approved spent fuel storage cask systems and, therefore, is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on November 24, 2014. However, if the NRC receives significant adverse comments on this direct final rule by October 9, 2014, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rule section of this issue of the **Federal Register** . Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or Technical Specifications (TSs). For detailed instructions on filing comments, please see the companion proposed rule published in the Proposed Rule section of this issue of the **Federal Register** . II. Background Section 218(a) of the Nuclear Waste Policy Act

(NWPA)of 1982, as amended, requires that “the Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.” Section 133 of the NWPA states, in part, that “[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.” To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule which added a new subpart K in part 72 of Title 10 of the *Code of Federal Regulations* (10 CFR) entitled, “General License for Storage of Spent Fuel at Power Reactor Sites” (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled, “Approval of Spent Fuel Storage Casks,” which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. III. Discussion of Changes By letter dated June 29, 2012, and as supplemented on July 16, 2012; November 20 and January 30, 2013; April 2, April 19, June 21, August 28, December 6, December 31, January 13; and January 28, 2014, Holtec International submitted an application to add the HI-STORM UMAX Canister Storage System to the list of approved spent fuel storage casks in 10 CFR part 72. The HI-STORM UMAX Canister Storage System is a spent fuel storage system designed to be in full compliance with the requirements of 10 CFR part 72. Holtec International intends to provide an underground storage option compatible with the Holtec International HI-STORM FW System as described in the Final Safety Analysis Report

(FSAR)for the HI-STORM FW System. The underground structure system is described in the FSAR for the HI-STORM UMAX Canister Storage System. The HI-STORM UMAX Canister Storage System stores a hermetically sealed canister containing spent nuclear fuel

(SNF)in an in-ground vertical ventilated module (VVM). The HI-STORM UMAX Canister Storage System is designed to provide long-term underground storage of loaded multi-purpose canisters

(MPC)previously certified for storage in CoC No. 1032. The HI-STORM UMAX VVM is the underground equivalent of the HI-STORM FW storage module. Although the storage cavity dimensions and the air ventilation system in the HI-STORM UMAX VVM have been selected to enable it to also store all MPCs certified for storage in the HI-STORM 100 storage module, CoC No. 1040 does not approve the storage of all MPCs certified for storage in the HI-STORM 100 storage module in the HI-STORM UMAX VVM at this time. The HI-STORM UMAX Canister Storage System can store either Pressurized Water Reactor or Boiling Water Reactor fuel assemblies in the MPC-37 or MPC-89 models, respectively. The number associated with the MPC is the maximum number of fuel assemblies the MPC can contain in the fuel basket. The external diameters of the MPC-37 and MPC-89 are identical to allow the use of a single storage module design, however the height of the MPC, as well as the storage module and transfer cask, are variable based on the SNF to be loaded. As documented in the safety evaluation report (SER), the NRC staff performed a detailed safety evaluation of the proposed CoC request submitted by Holtec International. The HI-STORM UMAX Canister Storage System, when used under the conditions specified in the CoC, the TSs, and the NRC's regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be ensured. When this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into HI-STORM UMAX Canister Storage Systems that meet the criteria of CoC No. 1040 under 10 CFR 72.212. IV. 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 will add the Holtec International HI-STORM UMAX Canister Storage System design to the listing in 10 CFR 72.214. This action does not constitute the establishment of a standard that contains generally applicable requirements. V. Agreement State Compatibility Under the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997, and published in the **Federal Register** on September 3, 1997 (62 FR 46517), this direct final rule is classified as Compatibility Category “NRC.” Compatibility is not required for Category “NRC” regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR. Although an Agreement State may not adopt program elements reserved to the NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State. VI. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883). VII. Environmental Assessment and Finding of No Significant Environmental Impact A. The Action The action is to amend 10 CFR 72.214 to add the Holtec International HI-STORM UMAX Canister Storage System to the listing within the “List of approved spent fuel storage casks” as CoC No. 1040. Under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,” the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment. B. The Need for the Action This direct final rule adds CoC No. 1040 for the Holtec International HI-STORM UMAX Canister Storage System design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. Specifically, Holtec International intends to provide an underground storage option compatible with the Holtec International HI-STORM FW 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 initially analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this CoC addition tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act. Holtec International HI-STORM UMAX Canister Storage Systems are designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an 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, include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. Considering the specific design requirements for each accident condition, the design of the HI-STORM UMAX Canister Storage System would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts would be insignificant. In addition, any resulting occupational exposure or offsite dose rates from the use of the HI-STORM UMAX Canister Storage System would remain well within the 10 CFR part 20 limits. Therefore, the proposed addition of CoC No. 1040 will not result in 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 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 staff documented its safety findings in the SER for this addition. D. Alternative to the Action The alternative to this action is to withhold approval of this new design and issue a site-specific license to each utility that proposes to use the casks. This alternative would cost both the NRC and utilities more time and money for each site-specific license. Conducting site-specific reviews would ignore the procedures and criteria currently in place for the addition of new cask designs that can be used under a general license, and would be in conflict with NWPA direction to the Commission to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site reviews. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will eliminate the above problems and is consistent with previous Commission actions. Further, the rule will have no adverse effect on public health and safety. Therefore, the environmental impacts would be the same or less than the action. E. Alternative Use of Resources Approval of the addition of CoC No. 1040 would result in no irreversible commitments of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, “List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040,” will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. VIII. Paperwork Reduction Act Statement This direct final rule does not contain any information collection requirements and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget (OMB), 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 OMB control number. IX. 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 (10 CFR 2.810). X. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On June 29, 2012, and as supplemented on July 16, 2012; November 20 and January 30, 2013; April 2, April 19, June 21, August 28, December 6, December 31, January 13; and January 28, 2014, Holtec International submitted an application to add the HI-STORM UMAX Canister Storage System. The alternative to this action is to withhold approval of this new design and issue a site-specific license to each utility that proposes to use the casks. This alternative would cost both the NRC and utilities more time and money for each site-specific license. Conducting site-specific reviews would ignore the procedures and criteria currently in place for the addition of new cask designs that can be used under a general license, and would be in conflict with NWPA direction to the Commission to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site reviews. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will eliminate the above problems and is consistent with previous Commission actions. Further, the rule will have no adverse effect on public health and safety. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the SER and the environmental assessment, the direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and therefore, this action is recommended. XI. Backfitting and Issue Finality The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule adds CoC No. 1040 for the Holtec International HI-STORM UMAX Canister Storage System to the “List of approved spent fuel storage casks.” The addition of CoC No. 1040 for the Holtec International HI-STORM UMAX Canister Storage System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. The addition of CoC No. 1040 does not constitute backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, no backfit analysis or additional documentation addressing the issue finality criteria in 10 CFR part 52 has been prepared by the staff. XII. Congressional Review Act This action is not a major rule as defined in the Congressional Review Act (5 U.S.C. 801-808). XIII. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. Document ADAMS Accession No. CoC No. 1040 ML14122A443. Safety Evaluation Report ML14122A441. Technical Specifications, Appendix A ML14122A444. Technical Specifications, Appendix B ML14122A442. Application ML12363A282. Application supplemental July 16, 2012 ML12205A134. Application supplemental November 20, 2012 ML12348A483. Application supplemental January 30, 2013 ML13032A008. Application supplemental April 2, 2013 ML13107B249. Application supplemental April 19, 2013 ML13114A191. Application supplemental June 21, 2013 ML13175A363. Application supplemental August 28, 2013 ML13261A062. Application Supplemental December 6, 2013 ML13343A169. Application supplemental December 31, 2013 ML14002A402. Application supplemental January 13, 2014 ML14015A145. Application supplemental January 28, 2014 ML14030A055. The NRC may post materials related to this document, including public comments, on the Federal rulemaking Web site at *http://www.regulations.gov* under Docket ID NRC-2014-0120. The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe:

(1)Navigate to the docket folder (NRC-2014-0120);

(2)click the “Sign up for Email Alerts” link; and

(3)enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Protection Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 549 (2005). Section 72.44(g) also issued under Nuclear Waste Policy Act secs. 142(b) and 148(c)-(d) (42 U.S.C. 10162(b), 10168(c)-(d)). Section 72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K also issued under Nuclear Waste Policy Act sec. 218(a) (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance No. 1040 is added to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1040. Initial Certificate Effective Date: November 24, 2014. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International HI-STORM UMAX Canister Storage System. Docket Number: 72-1040. Certificate Expiration Date: September 9, 2034. Model Number: MPC-37, MPC-89. Dated at Rockville, Maryland, this 22nd day of August 2014. For the Nuclear Regulatory Commission. Darren B. Ash, Acting Executive Director for Operations. [FR Doc. 2014-21418 Filed 9-8-14; 8:45 am]

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