Unknown. Direct final rule

6,325 words·~29 min read·/register/2015/09/28/2015-24615

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-2015-09-28.xml --- 80 187 Monday, September 28, 2015 Contents Agriculture Agriculture Department See Forest Service Antitrust Division Antitrust Division NOTICES Changes Under the National Cooperative Research and Production Act: DVD Copy Control Association, 58297 2015-24527 National Armaments Consortium, 58297 2015-24529 Node.js Foundation, 58297-58298 2015-24525 OpenDaylight Project, Inc., 58298 2015-24528 Centers Disease Centers for Disease Control and Prevention NOTICES Emergency Funding for New York City Legionella Outbreak, 58258 2015-24564 Commerce Commerce Department See National Oceanic and Atmospheric Administration Copyright Office Copyright Office, Library of Congress NOTICES Scope of the Copyright Royalty Judges' Continuing Jurisdiction, 58300-58307 2015-24591 Copyright Royalty Board Copyright Royalty Board RULES Digital Performance Right in Sound Recordings and Ephemeral Recordings, 58201-58207 2015-24506 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Authorized Negotiators, 58255 2015-24555 Corporate Aircraft Costs, 58255-58256 2015-24558 Integrity of Unit Prices, 58257-58258 2015-24559 North Carolina Sales Tax Certification, 58254-58255 2015-24556 Professional Employee Compensation Plan, 58256-58257 2015-24557 Radioactive Materials, 58253-58254 2015-24560 Education Department Education Department NOTICES Applications for New Awards; Low-Cost, Short-Duration Evaluation of Education Interventions and Low-Cost, Short-Duration Evaluation of Special Education Interventions, 58235-58239 2015-24511 Literacy Information and Communication System Regional Professional Development Centers:

Final Waiver and Extension of the Project Period, 58234-58235 2015-24590 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Procedures, 58298-58299 2015-24571 Benefit Rights and Experience Report, 58299-58300 2015-24573 Worker Profiling and Reemployment Services Activity and Worker Profiling and Reemployment Services Outcomes, 58300 2015-24572 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Permit Application for Upper Llagas Creek Flood Protection Project, Santa Clara County, CA, 58232-58234 2015-24575 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Colorado; Revised Format for Material Incorporated by Reference, 58207-58216 2015-24462 Washington; Update to the Spokane Regional Clean Air Agency Solid Fuel Burning Device Standards, 58216-58218 2015-24328 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NESHAP for Radionuclides; Renewal, 58247-58248 2015-24500 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace: Portland, OR, 58199-58201 2015-24434 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 58226-58229 2015-24423 Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 58224-58226 2015-24424 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 58273-58276 2015-24496 Flood Hazard Determinations;

Correction, 58272-58273 2015-24497 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Northern Natural Gas Co., 58239-58240 2015-24533 Portland General Electric Co., 58242 2015-24537 Combined Filings, 58243-58247 2015-24530 2015-24531 2015-24532 Hydroelectric Applications: New England Hydropower Co., LLC, 58245-58246 2015-24539 VC Porterdale Hydroelectric, LLC, 58241-58242 2015-24538 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Land of the Sky MT, LLC, 58240-58241 2015-24535 Preliminary Permit Applications: Empire State Hydro 305, LLC, 58243 2015-24540 Revocation of Market-Based Rate Tariff: M and R Energy Resources Corp., Reliable Power, LLC, Susterra Energy, LLC, 58243 2015-24534 Staff Attendances, 58242-58243 2015-24536 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 58327-58328 2015-24569 Federal Reserve Federal Reserve System NOTICES Enhancements to Federal Reserve Bank Same-Day ACH Service, 58248-58253 2015-24551 Fiscal Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58330 2015-24579 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit by Individual Surety, 58333 2015-24582 Affidavit of Forgery for United States Bonds/Notes, 58332 2015-24581 Certificate of Identity, 58329-58330 2015-24493 Description of United States Savings Bonds Series HH/H and Description of United States Bonds/Notes, 58332-58333 2015-24580 Pools and Associations, Annual Letter, 58331-58332 2015-24492 Report and Application for Relief on Account of Loss, Theft, or Destruction of U.S.

Bearer Securities Individuals, 58330-58331 2015-24494 Report and Application for Relief on Account of Loss, Theft, or Destruction of U.S. Bearer Securities Organizations, 58334 2015-24495 Special Form of Request for Payment of US Savings and Retirement Securities Where Use of a Detached Request is Authorized, 58331 2015-24578 Food and Drug Food and Drug Administration NOTICES Fee for Using a Rare Pediatric Disease Priority Review Voucher in Fiscal Year 2016, 58262-58264 2015-24508 Guidance:

M7(R1) Addendum to ICH M7; International Conference on Harmonisation, 58261-58262 2015-24510 Meetings: Biosimilar User Fee Act, 58259-58260 2015-24524 Cellular, Tissue, and Gene Therapies Advisory Committee and the Oncologic Drugs Advisory Committee, 58261 2015-24541 Labeling Lower-Dose Estrogen-Alone Products for Symptoms of Vulvar and Vaginal Atrophy, 58258-58259 2015-24509 Forest Forest Service NOTICES Federal Lands Recreation Enhancement Act; New Fee Site and Change in Fee Program Structure, 58231 2015-24566 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Authorized Negotiators, 58255 2015-24555 Corporate Aircraft Costs, 58255-58256 2015-24558 Integrity of Unit Prices, 58257-58258 2015-24559 North Carolina Sales Tax Certification, 58254-58255 2015-24556 Professional Employee Compensation Plan, 58256-58257 2015-24557 Radioactive Materials, 58253-58254 2015-24560 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 Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Technical Resource for Incident Prevention User Registration; Correction, 58292 2015-24317 Ideation Prize Competition, 58276-58280 2015-24586 Privacy Act; Systems of Records, 58280-58292 2015-24583 2015-24587 2015-24588 2015-24589 Interior Interior Department See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Qualifying Income from Activities of Publicly Traded Partnerships with Respect to Minerals or Natural Resources:

Hearing, 58229 2015-24568 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Pressure Sensitive Plastic Tape from Italy, 58295-58296 2015-24543 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: John Day-Snake and Southeast Oregon Resource Advisory Councils, 58293-58294 2015-24570 Library Library of Congress See Copyright Office, Library of Congress See Copyright Royalty Board Millenium Millennium Challenge Corporation NOTICES Report on the Criteria and Methodology for Determining the Eligibility of Candidate Countries for Millennium Challenge Account Assistance in Fiscal Year 2016, 58307-58314 2015-24490 Mine Mine Safety and Health Administration PROPOSED RULES Proximity Detection Systems for Mobile Machines in Underground Coal Mines, 58229-58230 2015-24574 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Authorized Negotiators, 58255 2015-24555 Corporate Aircraft Costs, 58255-58256 2015-24558 Integrity of Unit Prices, 58257-58258 2015-24559 North Carolina Sales Tax Certification, 58254-58255 2015-24556 Professional Employee Compensation Plan, 58256-58257 2015-24557 Radioactive Materials, 58253-58254 2015-24560 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58314-58315 2015-24478 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings:

National Council on the Arts, 58315-58316 2015-24499 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Collection of Customer Services, Demographic, and Smoking/Tobacco Use Information from the Cancer Information Service Clients, 58268-58269 2015-24544 Evaluation of the Enhancing Diversity of the National Institutes of Health-Funded Workforce Program, 58270-58271 2015-24594 Meetings:

Center for Scientific Review, 58265-58268 2015-24483 2015-24486 Center for Scientific Review; Cancellation, 58271-58272 2015-24484 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 58267, 58269 2015-24479 2015-24480 National Heart, Lung, and Blood Institute, 58265, 58268 2015-24481 2015-24482 National Institute of Allergy and Infectious Diseases, 58270, 58272 2015-24488 2015-24489 National Institute of Dental and Craniofacial Research, 58266-58267 2015-24487 National Institute of Environmental Health Sciences, 58266 2015-24485 National Institute of Mental Health, 58269, 58272 2015-24520 2015-24521 National Institute on Deafness and Other Communication Disorders, 58264-58265, 58271 2015-24545 2015-24546 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Correction, 58219-58220 2015-24577 Fisheries of the Exclusive Economic Zone Off Alaska: Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 58220-58221 2015-24542 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58231-58232 2015-24526 Meetings: Mid-Atlantic Fishery Management Council, 58232 2015-24554 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 58316-58317 2015-24522 2015-24523 Nuclear Regulatory Nuclear Regulatory Commission RULES Approved Spent Fuel Storage Casks:

Holtec International, HI-STORM Flood/Wind Multipurpose Storage System, Certificate of Compliance No. 1032, Amendment No. 0, Revision 1, 58195-58199 2015-24615 PROPOSED RULES Approved Spent Fuel Storage Casks: Holtec International, HI-STORM Flood/Wind Multipurpose Storage System, Certificate of Compliance No. 1032, Amendment No. 0, Revision 1, 58222-58224 2015-24475 NOTICES Meetings; Sunshine Act, 58317-58318 2015-24612 Overseas Overseas Private Investment Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 58318 2015-24512 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58294-58295 2015-24548 2015-24567 Securities Securities and Exchange Commission NOTICES Meetings: Investor Advisory Committee, 58322-58323 2015-24514 Self-Regulatory Organizations; Proposed Rule Changes: ISE Gemini, LLC, 58321-58322 2015-24515 Miami International Securities Exchange LLC, 58323-58326 2015-24516 New York Stock Exchange LLC, 58318-58321 2015-24517 Small Business Small Business Administration NOTICES Surrender of License of Small Business Investment Company Innovation Ventures, LP, 58326 2015-24503 Susquehanna Susquehanna River Basin Commission NOTICES Actions Taken at September 10, 2015, Meeting, 58326-58327 2015-24513 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Nondiscrimination on the Basis of Disability in Air Travel, 58328-58329 2015-24562 Treasury Treasury Department See Fiscal Service See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Naturalization, 58292-58293 2015-24519 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 80 187 Monday, September 28, 2015 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2015-0134] RIN 3150-AJ62 List of Approved Spent Fuel Storage Casks: Holtec International, HI-STORM Flood/Wind Multipurpose Storage System, Certificate of Compliance No. 1032, Amendment No. 0, Revision 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 (Holtec), HI-STORM (Holtec International Storage Module) Flood/Wind

(FW)Multipurpose Canister Storage

(MPC)System listing within the “List of approved spent fuel storage casks” to add Amendment No. 0, Revision 1, to Certificate of Compliance

(CoC)No. 1032. This revision corrects the CoC's expiration date (editorial change), clarifies heat load limits for helium backfill ranges, clarifies the wording for the Limiting Condition for Operation

(LCO)on vent blockage, and revises the vacuum drying system heat load. DATES: The direct final rule is effective April 25, 2016, unless significant adverse comments are received by October 28, 2015. 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 Commission is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the **Federal Register.** ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • *Federal Rulemaking Web site* : Go to *http://www.regulations.gov* and search for Docket ID NRC-2015-0134. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; *email:* *Carol.Gallagher@nrc.gov.* For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *Email comments to: Rulemaking.Comments@nrc.gov.* If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677. • *Fax comments to:* Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101. • *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. • *Hand deliver comments to:* 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677. For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Solomon Sahle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3781; *email:* *Solomon.Sahle@nrc.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Procedural Background III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Environmental Impact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2015-0134 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: • *Federal Rulemaking Web site:* Go to *http://www.regulations.gov* and search for Docket ID NRC-2015-0134. • *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 O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2015-0134 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at *http://www.regulations.gov* as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Procedural Background This rule is limited to the changes contained in Amendment No. 0, Revision 1, to CoC No. 1032 and does not include other aspects of the HI-STORM FW MPC Storage System. The NRC is using the “direct final rule” procedure to issue this revision 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 revision to the rule will become effective on April 25, 2016. However, if the NRC receives significant adverse comments on this direct final rule by April 25, 2016, 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; The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(b)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 submitting comments, please see the ADDRESSES section of this document. III. 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 “[t]he 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 within 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 direct final rule on March 28, 2011 (76 FR 17019), that approved the Holtec HI-STORM FW MPC Storage System and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1032. IV. Discussion of Changes By letter dated September 16, 2014, and as supplemented on March 12, 2015, Holtec submitted a request to the NRC to revise the initial certificate issued as CoC No. 1032. Because this is a request to revise the initial certificate, the revision is being referred to as “Amendment No. 0, Revision 1.” Amendment No. 0, Revision 1, will supersede the initial version of the CoC and TSs that were effective on June 13, 2011, in their entirety. The HI-STORM FW MPC Storage System is a spent nuclear fuel storage system designed to be in full compliance with the requirements of 10 CFR part 72. Amendment No. 0, Revision 1, makes the following changes: • Corrects the expiration date to June 12, 2031. • Modifies Appendix A, Table 3-2, to show that the narrower helium backfill range can be used for all canisters instead of only those above a certain limit. Additionally, the footnotes on this table are revised. • Revises the note in Appendix A, LCO 3.1.2, to clarify that each of the inlet and outlet vents should be 50 percent unblocked. • Revises Appendix A, Table 3-1, to limit the MPC heat load limit for using the vacuum drying system to a lower value, and revises the table notes accordingly. • Revises Appendix B, Tables 2.3-3 and 2.3-4, to indicate that the per cell heat load limits correspond to the lower MPC heat load limit. As documented in the safety evaluation report (SER), the NRC staff performed a detailed safety evaluation of the proposed CoC revision request. Correcting the CoC expiration date to reflect a 20-year versus a 40-year certification is an editorial change that is consistent with the original HI-STORM FW MPC Storage System application and SER. The NRC staff also finds that CoC No. 1032, as revised, identifies the necessary TSs to satisfy 10 CFR part 72 and that the applicable criteria of 10 CFR 72.236 have been satisfied. The NRC staff concludes that the proposed TS changes provide reasonable assurance that the HI-STORM FW MPC Storage System will allow safe storage of spent nuclear fuel. This direct final rule revises the Holtec HI-STORM FW MPC Storage System listing in 10 CFR 72.214 by adding Amendment No. 0, Revision 1, to CoC No. 1032. The revision consists of the changes previously described, as set forth in the revised CoC and TSs. The revised TSs are identified in the SER. The revised Holtec HI-STORM FW MPC 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. The NRC staff further determined that the issuance of the revision will not be inimical to the common defense and security. 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 HI-STORM FW MPC Storage System that meets the criteria of Amendment No. 0, Revision 1, to CoC No. 1032 under 10 CFR 72.212. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the Holtec HI-STORM FW MPC Storage System design listing in 10 CFR 72.214, “List of approved spent fuel storage casks.” This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. 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. VII. 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). VIII. 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 HI-STORM FW MPC Storage System listing within the “List of approved spent fuel storage casks” to include Amendment No. 0, Revision 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 revises the CoC for the Holtec HI-STORM FW MPC 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, Amendment No. 0, Revision 1, corrects the CoC expiration date, clarifies heat load limits for helium backfill ranges, clarifies the wording for the LCO on vent blockage, and revises the vacuum drying system heat load. 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. 0, Revision 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. Holtec HI-STORM FW MPC 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 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 not be significant. There are no significant changes to cask design requirements in the proposed CoC revision. 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. 0, Revision 1, would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC revision will not result in any radiological or non-radiological environmental impacts that differ significantly 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 NRC 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. 0, Revision 1, and end the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into Holtec HI-STORM FW MPC Storage Systems in accordance with the changes described in proposed Amendment No. 0, Revision 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 of the alternative to the action would be the same or more than the impacts of the action. E. Alternative Use of Resources Approval of Amendment No. 0, Revision 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, Inc., HI-STORM Flood/Wind Multipurpose Storage System, Certificate of Compliance No. 1032, Amendment No. 0, Revision 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. IX. 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.* ). Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this 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). XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if 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 September 16, 2014, and as supplemented on March 12, 2015, Holtec submitted an application to revise the HI-STORM FW MPC Storage System, CoC No. 1032, as described in Section IV, “Discussion of Changes,” of this document. The alternative to this action is to withhold approval of Amendment No. 0, Revision 1, and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec HI-STORM FW MPC Storage System under the changes described in Amendment No. 0, Revision 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. XII. 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 CoC No. 1032 for the Holtec HI-STORM FW MPC Storage System, as currently listed in 10 CFR 72.214, “List of approved spent fuel storage casks.” Amendment No. 0, Revision 1, corrects the CoC expiration date, clarifies heat load limits for helium backfill ranges, clarifies the wording for the LCO on vent blockage, and revises the vacuum drying system heat loads. Although Holtec has manufactured some casks under the existing CoC No. 1032, Amendment No. 0, that is being revised by this direct final rule, Holtec, as the vendor, is not subject to backfitting protection under 10 CFR 72.62. Moreover, Holtec requested the change and has requested to apply it to the existing casks manufactured under Amendment No. 0. Therefore, even if the vendor were deemed to be an entity protected from backfitting, this request represents a voluntary change and is not backfitting for Holtec. Under 10 CFR 72.62, general licensees are entities that are protected from backfitting, and in this instance, Holtec, has provided systems under CoC No.1032, Amendment No. 0, to a general licensee. General licensees are required, pursuant to 10 CFR 72.212, to ensure that each cask conforms to the terms, conditions, and specifications of a CoC, and that each cask can be safely used at the specific site in question. Because the casks delivered under CoC No. 1032, Amendment No. 0, now must be evaluated under 10 CFR 72.212 consistent with the revisions in CoC No. 1032, Amendment No. 0, Revision 1, this change in the evaluation method and criteria constitutes a change in a procedure required to operate an independent spent fuel storage installation (ISFSI) and, therefore, would constitute backfitting under 10 CFR 72.62(a)(2). However, in this instance, the general licensee voluntarily indicated their willingness to comply with the revised CoC, as long as the general licensee is provided adequate time to implement the revised CoC (ADAMS Accession No. ML15222A173). This direct final rule accommodates that request by providing an effective date for the final rule to April 25, 2016. Therefore, although the general licensee is an entity protected from backfitting, this request represents a voluntary change and is not backfitting for the general licensee. In addition, the changes in CoC No. 1032, Amendment No. 0, Revision 1, do not apply to casks which were manufactured to other amendments of CoC No. 1032, and therefore, have no effect on current ISFSI licensees using casks which were manufactured to other amendments of CoC No. 1032. For these reasons, approval of CoC No. 1032, Amendment No. 0, Revision 1, does not constitute backfitting for users of the HI-STORM FW MPC Storage System which were manufactured to other amendments of CoC No. 1032, under 10 CFR 72.62, 10 CFR 50.109(a)(1), or 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 NRC staff. XIII. Congressional Review Act This action is not a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). XIV. 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. Proposed CoC No. 1032, Amendment No. 0, Revision 1 ML15124A631 Appendix A of Proposed TSs ML15124A636 Appendix B of Proposed TS ML15124A642 Preliminary SER ML15124A644 September 16, 2014, application ML14262A070 March 12, 2015, supplement to application ML15071A472 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-2015-0134. 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-2015-0134);

(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, Hazardous waste, Indians, Intergovernmental relations, Manpower training programs, Nuclear energy, 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 of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note. 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, superseded by Amendment Number 0, Revision 1, on April 25, 2016. Amendment Number 0, Revision 1, Effective Date: April 25, 2016. Amendment Number 1 Effective Date: December 17, 2014, superseded by Amendment Number 1, Revision 1, on June 2, 2015. Amendment Number 1, Revision 1, Effective Date: June 2, 2015. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International 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, 2015. For the Nuclear Regulatory Commission. Michael F. Weber, Acting, Executive Director for Operations. [FR Doc. 2015-24615 Filed 9-25-15; 8:45 am]

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