Unknown. Direct final rule

6,074 words·~28 min read·/register/2014/10/03/2014-23633·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2014-10-03.xml --- 79 192 Friday, October 3, 2014 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Agency for International Development NOTICES Senior Executive Service Performance Review Board Membership, 59739 2014-23593 Agriculture Agriculture Department See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES 2014 Farm Bill Implementation Listening Session - Rural Community College Coordinated Strategy;

Correction, 59739 2014-23577 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59739-59740 2014-23525 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Programs: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System, etc.;

Correction, 59675-59692 2014-23630 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59772-59774 2014-23613 2014-23614 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reunification Procedures for Unaccompanied Alien Children, 59774-59775 2014-23581 Coast Guard Coast Guard RULES Safety Zones: Navy Exercise, Delaware Bay and Atlantic Ocean, Cape May, NJ, 59650-59653 2014-23659 Tennessee River between Mile 4.8 to 5.8, Ledbetter, KY, 59648-59650 2014-23653 Three Rivers Towing Association Head of the Ohio Regatta, Allegheny River Mile 0.0 to 3.3, Pittsburgh, PA, 59647-59648 2014-23652 PROPOSED RULES Safety Zones:

Chesapeake Bay, Cape Charles, VA, 59701-59703 2014-23650 NOTICES Charter Renewals: Cook Inlet Regional Citizens' Advisory Council; Recertification, 59783-59784 2014-23658 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 See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 59750-59751 2014-23604 2014-23605 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 59898-59936 2014-22962 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Magnet Sets, 59962-59989 2014-23341 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59751-59752 2014-23609 Arms Sales, 59752-59758 2014-23532 2014-23599 2014-23600 Manual for Courts-Martial:

Proposed Amendments; Meetings, 59938-59959 2014-23546 Meetings: Defense Business Board, 59758-59759 2014-23618 Economic Analysis Bureau Economic Analysis Bureau NOTICES Meetings: Bureau of Economic Analysis Advisory Committee, 59740 2014-23424 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Early Childhood Longitudinal Study Kindergarten Class of 2010-11 Spring Third-Grade National Collection, etc.;

Correction, 59760 2014-23578 Health Education Assistance Loan Program: Lender's Application for Insurance Claim Form, etc., 59761 2014-23611 Progress in International Reading Literacy Study, etc., 59761-59762 2014-23641 Meetings: National Advisory Council on Indian Education, 59762-59763 2014-23612 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Solicitations for Advanced Nuclear Energy Projects, 59763 2014-23608 Engineers Engineers Corps NOTICES Environmental Impact Statement;

Availabilty: U.S. Route 460, Prince George County to Suffolk, VA, 59759-59760 2014-23356 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Washington: General Regulations for Air Pollution Sources, 59653-59674 2014-23016 Identification of Nonattainment Classification and Deadlines for Submission of State Implementation Plan: Provisions for the 1997 Fine Particle (PM2.5) National Ambient Air Quality Standard and 2006 PM2.5 NAAQS;

Correction, 59674-59675 2014-23634 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Maryland; Redesignation Request and Associated Maintenance Plan for the Baltimore Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard, 59703-59717 2014-23638 NOTICES Adequacy Determinations: Colorado; Lamar and Steamboat Springs PM10 Maintenance Plans' Motor Vehicle Emissions Budgets for Transportation Conformity Purposes, 59767 2014-23636 Environmental Impact Statements;

Availability, etc., 59767-59768 2014-23639 Guidance: Applying Quantitative Data to Develop Data-Derived Extrapolation Factors for Interspecies and Intraspecies Extrapolation, 59768 2014-23637 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 59636-59639 2014-23139 Bombardier, Inc. Airplanes, 59630-59643 2014-23145 2014-23429 Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 59643-59645 2014-23378 The Boeing Company Airplanes, 59633-59635 2014-23377 Change of Controlling Agency for Restricted Areas:

California, 59645-59646 2014-23662 PROPOSED RULES Airworthiness Directives: Bell Helicopter Textron Canada Limited, 59695-59697 2014-23582 Kaman Aerospace Corporation (Kaman) Helicopters, 59697-59699 2014-23588 Federal Communications Federal Communications Commission NOTICES Dormant Proceedings; Terminations, 59769-59770 2014-23643 Panelist Information for Open Internet Roundtables, 59770 2014-23644 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Pacific Gas and Electric Co., 59764-59765 2014-23620 Village of Lyndonville Electrical Department, 59764 2014-23621 Combined Filings, 59765-59767 2014-23528 2014-23619 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59891-59893 2014-23511 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59771-59772 2014-23601 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Western Distinct Population Segment of the Yellow-billed Cuckoo (Coccyzus americanus); Determination, 59992-60038 2014-23640 NOTICES Endangered Species; Recovery Permit Applications, 59861 2014-23384 Food and Drug Food and Drug Administration PROPOSED RULES Food Additive Petitions:

Casa de Mesquite, LLC, 59699 2014-23597 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Records, Electronic Signatures, 59775-59776 2014-23551 Guidance: Food and Drug Administration Notification and Medical Device Reporting for Laboratory Developed Tests, 59779-59782 2014-23586 Framework for Regulatory Oversight of Laboratory Developed Tests, 59776-59779 2014-23596 Meetings: Anesthetic and Analgesic Drug Products Advisory Committee, 59783 2014-23549 Pulmonary-Allergy Drugs Advisory Committee, 59782-59783 2014-23548 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Status;

Approvals: Southern Motion, Inc., Pontotoc and Baldwyn, MS, 59740 2014-23665 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department NOTICES Meetings: Secretary's Advisory Committee on Human Research Protections, 59772 2014-23664 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Federal Housing Administration;

Section 232 Healthcare Facility Insurance Program: Submission of Operator Financial Reports in accordance with HUD's Uniform Financial Reporting Standards; Commencement of Compliance, 59646-59647 2014-23484 NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 59784-59786 2014-23275 Final Fair Market Rents, Fiscal Year 2015: Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program, 59786-59855 2014-23677 Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts for 2015, 59855-59861 2014-23684 Inspector General Health Inspector General Office, Health and Human Services Department PROPOSED RULES Medicare and State Health Care Programs:

Fraud and Abuse; Safe Harbors under the Anti-Kickback Statute, Civil Monetary Penalty Rules Regarding Beneficiary Inducements and Gainsharing; Revisions, 59717-59733 2014-23182 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Oil Country Tubular Goods from India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam, 59740-59741 2014-23666 International Trade Com International Trade Commission NOTICES Meetings;

Sunshine Act, 59862 2014-23721 2014-23761 Joint Joint Board for Enrollment of Actuaries NOTICES Requests for Nominations: Advisory Committee on Actuarial Examinations, 59862-59863 2014-23565 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Oil and Gase Lease Sales: National Petroleum Reserve—Alaska, 59861-59862 2014-23607 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws:

Vessel CIAO, 59893-59894 2014-23527 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 59865-59866 2014-23622 National Credit National Credit Union Administration RULES Unfair or Deceptive Acts or Practices, 59627-59630 2014-22715 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Summer High School Intern Program, 59741 2014-23610 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Establishing Transit Areas through Walrus Protection Areas at Round Island and Cape Peirce, Northern Bristol Bay, AK, 59733-59738 2014-23635 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 59745-59746 2014-23616 New England Fishery Management Council, 59742 2014-23542 Pacific Fishery Management Council, 59741-59742 2014-23617 Western Pacific Fishery Management Council, 59742-59745 2014-23602 National Park National Park Service NOTICES Meetings: Big Cypress National Preserve Off-Road Vehicle Advisory Committee;

Cancellation, 59862 2014-23651 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Education and Human Resources, 59866-59867 2014-23591 Advisory Committee for Social, Behavioral and Economic Sciences, 59866 2014-23590 National Telecommunications National Telecommunications and Information Administration NOTICES Telecommunications Assessment of the Arctic Region, 59746-59750 2014-23517 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

Holtec International HI-STORM FLOOD/WIND System; Certificate of Compliance No. 1032, Amendment No. 1, 59623-59626 2014-23633 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM FLOOD/WIND System; Certificate of Compliance No. 1032, Amendment No. 1, 59693-59695 2014-23631 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59867 2014-23598 Atomic Safety and Licensing Board Reconstitutions: DTE Electric Co.

(Fermi Nuclear Power Plant, Unit 2), 59867 2014-23667 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Applications: TUV SUD America, Inc.; Expansion of Recognition, 59863-59865 2014-23606 Meetings: Advisory Committee on Construction Safety and Health; Charter Renewal, 59865 2014-23603 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 59867-59868 2014-23615 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Arts and Humanities Month (Proc. 9177), 60043-60044 2014-23853 National Breast Cancer Awareness Month (Proc. 9178), 60045-60046 2014-23859 National Cybersecurity Awareness Month (Proc. 9179), 60047-60048 2014-23860 National Disability Employment Awareness Month (Proc. 9180), 60049-60050 2014-23862 National Domestic Violence Awareness Month (Proc. 9181), 60051-60052 2014-23867 National Energy Action Month (Proc. 9182), 60053-60054 2014-23869 National Substance Abuse Prevention Month (Proc. 9183), 60055-60056 2014-23871 ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961;

Delegation of Authority (Memorandum of September 24, 2014), 60039-60041 2014-23852 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59868-59869 2014-23589 Rural Business Rural Business-Cooperative Service NOTICES 2014 Farm Bill Implementation Listening Session - Rural Community College Coordinated Strategy; Correction, 59739 2014-23577 Rural Housing Service Rural Housing Service NOTICES 2014 Farm Bill Implementation Listening Session - Rural Community College Coordinated Strategy;

Correction, 59739 2014-23577 Rural Utilities Rural Utilities Service NOTICES 2014 Farm Bill Implementation Listening Session - Rural Community College Coordinated Strategy; Correction, 59739 2014-23577 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59869-59872 2014-23570 2014-23571 2014-23572 2014-23573 2014-23574 2014-23575 2014-23576 Applications for Deregistration, 59873-59874 2014-23566 Self-Regulatory Organizations;

Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 59876-59889 2014-23567 2014-23568 NASDAQ OMX PHLX LLC, 59874-59876 2014-23569 Suspension of Trading Orders: Nudg Media, Inc., 59889 2014-23747 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Charles Ray: Sculpture, 1997-2014, 59890 2014-23627 The Forever Now: Contemporary Painting in an Atemporal World, 59889 2014-23628 V.S. Gaitonde: Painting as Process, Painting as Life, 59889-59890 2014-23629 Impositions of Sanctions under the Iran Sanctions Act and Iran Freedom and Counter-Proliferation Act, 59890-59891 2014-23626 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration Treasury Treasury Department PROPOSED RULES Privacy Act;

Implementation, 59699-59701 2014-23012 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59894 2014-23583 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accelerated Payment Verification of Completion Letter, 59895 2014-23512 Contract for Training and Employment, 59894 2014-23514 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 59898-59936 2014-22962 Part III Defense Department, 59938-59959 2014-23546 Part IV Consumer Product Safety Commission, 59962-59989 2014-23341 Part V Interior Department, Fish and Wildlife Service, 59992-60038 2014-23640 Part VI Presidential Documents, 60039-60056 2014-23853 2014-23859 2014-23860 2014-23862 2014-23867 2014-23869 2014-23871 2014-23852 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. 79 192 Friday, October 3, 2014 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2014-0102] RIN 3150-AJ40 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM FLOOD/WIND System; Certificate of Compliance No. 1032, Amendment No. 1 AGENCY:

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

(NRC)is amending its spent fuel storage regulations by revising the Holtec International HI-STORM FLOOD/WIND

(FW)System listing within the “List of approved spent fuel storage casks” to include Amendment No. 1 to Certificate of Compliance

(CoC)No. 1032. Amendment No. 1 adds a new heat load pattern for the multipurpose canister (MPC)-37, broadens the back pressure range for MPC-37 and MPC-89, and updates certain definitions related to fuel classification. Also, the amendment makes a correction to the expiration date of CoC No. 1032. DATES: The direct final rule is effective December 17, 2014, unless significant adverse comments are received by November 3, 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-2014-0102 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-2014-0102. 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: Naiem S. Tanious, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6103, email: *Naiem.Tanious@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 This direct final rule is limited to the changes contained in Amendment No. 1 to CoC No. 1032 and does not include other aspects of the Holtec International HI-STORM FW 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 CoC that 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 December 17, 2014. However, if the NRC receives significant adverse comments on this direct final rule by November 3, 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. The NRC subsequently issued a final rule on June 8, 2011 (76 FR 33121), that approved the Holtec International HI-STORM FW System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1032. III. Discussion of Changes By letter dated October 13, 2011, and as supplemented on May 23, 2012, January 24, April 18, and July 23, 2013, Holtec International, Inc. (Holtec or the applicant) submitted an application to the NRC to amend CoC No. 1032. The amendment adds a new heat load pattern for the MPC-37, broadens the back pressure range for MPC-37 and MPC-89, and updates certain definitions related to fuel classification. Also, the amendment makes a correction to the expiration date of CoC No. 1032. As documented in the safety evaluation report (SER), the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request. There are no significant changes to cask design requirements in the proposed CoC amendment. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts would be insignificant. 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. 1 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the 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. This direct final rule revises the Holtec International HI-STORM FW System listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1032. The amendment consists of the changes previously described, as set forth in the revised CoC and TSs. The revised TSs are identified in the SER. The amended Holtec International HI-STORM FW System design, when used under the conditions specified in the CoC, the TSs, and the NRC's regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be ensured. When this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into the Holtec International HI-STORM FW System that meet the criteria of Amendment No. 1 to CoC No. 1032 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 revise the Holtec International HI-STORM FW System design listed 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, 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 revise the Holtec International HI-STORM FW System listing within the “List of approved spent fuel storage casks” to include Amendment No. 1 to CoC No. 1032. Under the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 10 CFR part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,” the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment. B. The Need for the Action This direct final rule amends the CoC for the Holtec International HI-STORM FW 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, Amendment No. 1 adds a new heat load pattern for the multipurpose canister MPC-37, broadens the back pressure range for MPC-37 and MPC-89, and updates certain definitions related to fuel classification. Also, the amendment makes a correction to the expiration date of CoC No. 1032. C. Environmental Impacts of the Action On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was initially analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this Amendment No. 1 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. The Holtec International HI-STORM FW System is 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 cask 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. This amendment does not reflect a significant change in design or fabrication of the cask. There are no significant changes to cask design requirements in the proposed CoC amendment. In addition, because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 1 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the 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 staff documented its safety findings in the SER for this amendment. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 1 and end the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into Holtec International HI-STORM FW System casks in accordance with the changes described in proposed Amendment No. 1 would have to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Therefore, the environmental impacts would be the same or less than the action. E. Alternative Use of Resources Approval of Amendment No. 1 to CoC No. 1032 would result in no irreversible commitments of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled, “List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM FLOOD/WIND System; Certificate of Compliance No. 1032, Amendment No. 1,” will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. 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. 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 8, 2011 (76 FR 33121), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec International HI-STORM FW System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No.1032. On October 13, 2011, and as supplemented on May 23, 2012, January 24, 2013, April 18, 2013, and July 23, 2013, Holtec submitted an application to amend the Holtec International HI-STORM FW System as described in Section III of this document. The alternative to this action is to withhold approval of Amendment No. 1 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI-STORM FW System under the changes described in Amendment No. 1 to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of 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 revises the CoC No. 1032 for the Holtec International HI-STORM FW System, as currently listed in 10 CFR 72.214, “List of approved spent fuel storage casks.” The revision consists of Amendment No. 1 which adds a new heat load pattern for the MPC-37, broadens the back pressure range for MPC-37 and MPC-89, and updates certain definitions related to fuel classification. Also the amendment makes a correction to the expiration date of CoC No. 1032. Amendment No. 1 to CoC No. 1032 for the Holtec International HI-STORM FW System was initiated by Holtec and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 1 applies only to new casks fabricated and used under Amendment No. 1. These changes do not affect existing users of the Holtec International HI-STORM FW System, and the current Amendment continues to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 1, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 1 to CoC No. 1032 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 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. 1032, Amendment No. 1 ML14118A466. Technical Specifications, Appendix A ML14118A468. Technical Specifications, Appendix B ML14118A467. Safety Evaluation Report ML14118A469. Application ML11290A019. Application Supplemental May 23, 2012 ML12158A558. Application Supplemental January 24, 2013 ML13028A103. Application Supplemental April 18, 2013 ML13120A505. Application Supplemental July 23, 2013 ML13217A050. 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-2014-0102. 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-2014-0102);

(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, 2273, 2282, 2021); Energy Reorganization Act secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 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 sec. 218(a) (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance No. 1032 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1032. Initial Certificate Effective Date: June 13, 2011. Amendment Number 1 Effective Date: December 17, 2014. SAR Submitted by: Holtec International, Inc. 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 at Rockville, Maryland, this 18th day of September, 2014. For the Nuclear Regulatory Commission. Mark A. Satorius, Executive Director for Operations. [FR Doc. 2014-23633 Filed 10-2-14; 8:45 am]

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