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Code · REGISTER · 2019-10-03 · PROPOSED RULES · Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Food and Nutrition Service See Rural Housing Service See Rural Utilities Service NOTICES Agency Informat · Unknown

Unknown. Direct final rule

6,604 words·~30 min read·/register/2019/10/03/2019-21209

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-2019-10-03.xml --- 84 192 Thursday, October 3, 2019 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Food and Nutrition Service See Rural Housing Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52868 2019-21529 Children Children and Families Administration NOTICES Intent to Award Three OPDIV-Initiated Supplements for Grantees under the Direct Services for Survivors of Torture Program, 52884-52885 2019-21518 Civil Rights Civil Rights Commission NOTICES Meetings:
California Advisory Committee, 52870-52871 2019-21479 Coast Guard Coast Guard RULES Safety Zones: Humboldt Bay Bar and Entrance Channel, Eureka, CA, Noyo River Entrance Channel, Ft. Bragg, CA, and Crescent City Harbor Entrance Channel, Crescent City, CA, 52763-52765 2019-21281 PROPOSED RULES Safety Zones: Hurricanes, Tropical Storms and Other Disasters in South Florida, 52835-52838 2019-21510 Commerce Commerce Department See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation NOTICES Environmental Assessments;
Availability, etc.: Farm Service Agency's Conservation Reserve Program, 52868-52869 2019-21481 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Grants under the Native American—Serving Nontribal Institutions Program, 52878 2019-21509 Institute of Education Sciences Research Training Program Surveys, 52877 2019-21566 Privacy Act; Systems of Records, 52873-52877 2019-21532 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Assistance to Foreign Atomic Energy Activities, 52819-52826 2019-21301 Energy Conservation Program:
Energy Conservation Standards for Residential Clothes Washers; Reopening of Public Comment Period, 52818-52819 2019-21534 Test Procedures for Clothes Dryers; Extension of Public Comment Period, 52817-52818 2019-21533 NOTICES Orders Issued under Section 3 of the Natural Gas Act: Cannat Energy, Inc.; Certarus (USA), Ltd.; Seven Generations Energy
(US)Corp.; et al., 52878-52879 2019-21551 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Pinal County; Determination of Attainment by the Attainment Date; 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standard, 52766-52771 2019-21206 Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference: Maine, 52783-52791 2019-21200 Pesticide Tolerances: Furilazole, 52771-52774 2019-20874 Tolerance Exemption: Nicotinamide, 52775-52778 2019-20528 Poly(oxy-1,2-ethanediyl), a-(3-(1,3,3,3-tetramethyl-1-((trimethylsilyl) oxy) disiloxanyl) propyl)- w-hydroxy-;, 52778-52783 2019-20524 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona: Phoenix-Mesa 2008 8-Hour Ozone Nonattainment Area Requirements, 52838-52850 2019-21468 Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference: Maine, 52852 2019-21204 Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (August 2019), 52850-52852 2019-21543 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 52883-52884 2019-21624 Farm Service Farm Service Agency NOTICES Environmental Assessments; Availability, etc.: Farm Service Agency's Conservation Reserve Program, 52868-52869 2019-21481 Federal Aviation Federal Aviation Administration RULES Airspace Designations: Incorporation by Reference Amendments, 52757-52763 2019-21364 Airworthiness Directives: The Boeing Company Airplanes, 52754-52757 2019-21672 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52897-52899 2019-21488 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Assessments, 52826-52827 2019-21322 Removal of Transferred OTS Regulation Regarding Deposits, 52834-52835 2019-21323 Removal of Transferred OTS Regulations Regarding Accounting Requirements for State Savings Associations, 52827-52834 2019-20770 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 52879-52883 2019-21496 2019-21499 2019-21500 Complaint: EnVen Energy Ventures, LLC; Fieldwood Energy, LLC; M21K, LLC; W and T Offshore, Inc. v. Stingray Pipeline Co., LLC, 52879 2019-21501 Environmental Impact Statements; Availability, etc.: Magnolia LNG, LLC; Proposed Magnolia LNG Production Capacity Amendment, 52881-52882 2019-21494 Environmental Review: Pacific Connector Gas Pipeline, LP and Jordan Cove Energy Project, LP; Jordan Cove Energy Project, 52883 2019-21497 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 52929 2019-21513 Federal Reserve Federal Reserve System RULES Extensions of Credit by Federal Reserve Banks (Regulation A), 52752-52753 2019-21344 Reserve Requirements of Depository Institutions (Regulation D), 52753-52754 2019-21346 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 52884 2019-21483 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52929-52932 2019-21545 2019-21546 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Removal of the Monito Gecko (Sphaerodactylus micropithecus) from the Federal List of Endangered and Threatened Wildlife, 52791-52800 2019-20907 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Injurious Wildlife; Importation Certification for Live Fish and Fish Eggs, 52892-52894 2019-21503 Food and Drug Food and Drug Administration NOTICES Guidance: Further Testing of Donations that are Reactive on a Licensed Donor Screening Test for Antibodies to Hepatitis C Virus, 52885-52886 2019-21506 Investigational Enzyme Replacement Therapy Products: Nonclinical Assessment, 52886-52887 2019-21507 Teva Pharmaceuticals USA, Inc., et al.; Withdrawal of Approval of Five Abbreviated New Drug Applications for Pemoline Products; Correction, 52887-52888 2019-21526 Food and Nutrition Food and Nutrition Service PROPOSED RULES Supplemental Nutrition Assistance Program: Standardization of State Heating and Cooling Standard Utility Allowances, 52809-52815 2019-21287 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Economic Contribution of Federal Investments in Restoration of Degraded, Damaged, or Destroyed Ecosystems, 52894 2019-21489 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Guidance on Passive Foreign Investment Companies: Hearing, 52835 2019-21476 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Collapsible and Portable Furniture, 52896-52897 2019-21555 Certain Welded Large Diameter Line Pipe from Japan, 52896 2019-21563 Uncovered Innerspring Units from China, South Africa, and Vietnam, 52896 2019-21486 Labor Department Labor Department See Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CW-1 Application for Temporary Employment Certification, 52899-52900 2019-21484 Vacancy Posting for a Member of the Administrative Review Board, 52900 2019-21487 Land Land Management Bureau NOTICES Temporary Closure of Public Land: Clark County, NV, 52895 2019-21550 Millenium Millennium Challenge Corporation NOTICES Meetings: Advisory Council, 52900 2019-21579 NASA National Aeronautics and Space Administration NOTICES Meetings: Astrophysics Advisory Committee, 52900-52901 2019-21466 National Institute National Institute of Standards and Technology NOTICES Meetings: Visiting Committee on Advanced Technology, 52871-52872 2019-21470 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Autism Spectrum Disorder Research Portfolio Analysis, National Institute of Mental Health, 52888 2019-21523 Meetings: National Institute on Aging, 52889 2019-21490 National Institute on Drug Abuse, 52889 2019-21491 Prospective Grant of an Exclusive Patent License: Compositions, Devices and Processes for Production and Delivery of Cell Grafts, etc., 52889-52890 2019-21520 Development and Commercialization of Cell Therapies for Cancer, 52890-52891 2019-21519 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 52806-52808 2019-21548 Pacific Halibut Fisheries; Revisions to Catch Sharing Plan and Domestic Management Measures in Alaska, 52800-52806 2019-21258 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagics Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 7, 52864-52867 2019-21482 Fisheries of the Exclusive Economic Zone off Alaska: Authorize the Retention of Halibut in Pot Gear in the Bering Sea and Aleutian Islands; Amendment 118, 52852-52863 2019-21261 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Western Alaska Community Development Quota Program, 52872-52873 2019-21521 Atlantic Highly Migratory Species: 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Three-Year Review of Individual Bluefin Quota Program, 52872 2019-21562 National Park National Park Service NOTICES National Register of Historic Places; Pending Nominations and Related Actions, 52895-52896 2019-21516 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment No. 14, 52747-52751 2019-21209 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment No. 14, 52815-52817 2019-21210 NOTICES Use of Listserv for Fuel Cycle Facilities Correspondence, 52901 2019-21512 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Breast Cancer Awareness Month (Proc. 9936), 52981-52984 2019-21760 National Cybersecurity Awareness Month (Proc. 9937), 52985-52986 2019-21761 National Disability Employment Awareness Month (Proc. 9938), 52987-52988 2019-21762 National Energy Awareness Month (Proc. 9939), 52989-52990 2019-21763 National Substance Abuse Prevention Month (Proc. 9940), 52991-52992 2019-21766 Rural Housing Service Rural Housing Service NOTICES Community Facilities Guaranteed Loan Program Guarantee Fee Rate, etc, 52869-52870 2019-21475 Rural Utilities Rural Utilities Service NOTICES Community Facilities Guaranteed Loan Program Guarantee Fee Rate, etc, 52869-52870 2019-21475 Securities Securities and Exchange Commission PROPOSED RULES Update of Statistical Disclosures for Bank and Savings and Loan Registrants, 52936-52980 2019-20491 NOTICES Applications: Deregistration under Section 8(f) of the Investment Company Act, 52915-52917 2019-21498 Joint Industry Plan: National Market System Plan Governing the Consolidated Audit Trail by Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., et al., 52905-52915 2019-21492 Meetings; Sunshine Act, 52921-52922 2019-21721 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 52917-52920 2019-21471 Cboe BZX Exchange, Inc., 52902-52905 2019-21472 Cboe EDGA Exchange, Inc., 52922-52925 2019-21473 Cboe EDGX Exchange, Inc., 52925-52929 2019-21474 NYSE Arca, Inc., 52920-52921 2019-21493 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: A Wonder to Behold: Craftsmanship and the Creation of Babylon's Ishtar Gate, 52929 2019-21535 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration Treasury Treasury Department See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditation and Approval: Chemical and Petrochemical Inspections (Groves, TX), 52891-52892 2019-21524 Product Quality Management, LLC (Pasadena, TX), 52892 2019-21525 Veteran Affairs Veterans Affairs Department NOTICES VA Standards for Quality, 52932-52933 2019-21538 Separate Parts In This Issue Part II Securities and Exchange Commission, 52936-52980 2019-20491 Part III Presidential Documents, 52981-52992 2019-21760 2019-21761 2019-21762 2019-21763 2019-21766 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 192 Thursday, October 3, 2019 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2019-0160] RIN 3150-AK36 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment No. 14 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 100 Multipurpose Canister Cask System listing within the “List of approved spent fuel storage casks” to include Amendment No. 14 to Certificate of Compliance No. 1014. Amendment No. 14 revises the technical specifications to add new heat loading patterns, reduce the minimum cooling time, allow use of a damaged fuel isolator for storing damaged fuel, and modify the description of vents in overpack. Amendment No. 14 also makes other administrative changes to the technical specifications. These revisions are discussed in more detail in the “Discussion of Changes” section of this document. DATES: This direct final rule is effective December 17, 2019, unless significant adverse comments are received by November 4, 2019. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the **Federal Register** . Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the **Federal Register** . ADDRESSES: You may submit comments by any of the following methods: • *Federal Rulemaking Website:* Go to *https://www.regulations.gov* and search for Docket ID NRC-2019-0160. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: *Carol.Gallagher@nrc.gov* . For technical questions contact the individuals 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: Yen-Ju Chen, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-1018; email: *Yen-Ju.Chen@nrc.gov* or Torre Taylor, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-7900; email: *Torre.Taylor@nrc.gov* . Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant 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-2019-0160 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods: • *Federal Rulemaking Website:* Go to *https://www.regulations.gov* and search for Docket ID NRC-2019-0160. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly-available documents online in the ADAMS Public Documents collection at *https://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the 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-2019-0160 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 *https://www.regulations.gov* as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. 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. Rulemaking Procedure This direct final rule is limited to the changes contained in Amendment No. 14 to Certificate of Compliance No. 1014 and does not include other aspects of the Holtec International HI-STORM 100 Multipurpose Canister Cask System (HI-STORM 100 Cask System) design. The NRC is using the direct final rule procedure to issue this amendment because it represents a limited and routine change to an existing certificate of compliance that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on December 17, 2019. However, if the NRC receives significant adverse comments on this direct final rule by November 4, 2019, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the **Federal Register** . Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the 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 to reevaluate (or reconsider) its position or conduct additional analysis;
(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or
(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC.
(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.
(3)The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. For detailed instructions on filing comments, please see the companion proposed rule published in the Proposed Rules section of this issue of the **Federal Register** . III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that “[t]he Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.” Section 133 of the Nuclear Waste Policy Act states, in part, that “[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 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 May 1, 2000, that approved the HI-STORM 100 Cask System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as Certificate of Compliance No. 1014 (65 FR 25241). IV. Discussion of Changes On October 31, 2018, as supplemented on November 6, 2018, February 28, 2019, April 5, 2019, April 23, 2019, May 13, 2019, and August 8, 2019, Holtec International submitted a request to amend Certificate of Compliance No. 1014 for the HI-STORM 100 Cask System. Amendment No. 14 revises the technical specifications to:
(1)Add three new regionalized Quarter Symmetric Heat Load loading patterns for the multipurpose canister (MPC)-68M;
(2)reduce the minimum cooling time to 1 year for all fuel types for storage in the MPC-68M;
(3)use a damaged fuel isolator for damaged fuel stored in the MPC-68M; and
(4)modify the description of the vents in the overpack in the certificate of compliance and remove the word “four” from Section 1.b describing the air inlet and outlet vents. Amendment No. 14 also makes other administrative changes to the technical specifications. The revised certificate of compliance and technical specifications are identified and evaluated in the preliminary safety evaluation report. As documented in that preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. There are no significant changes to cask design requirements in the proposed amendment. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control in the event of an accident. The 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. 14 would remain well within the limits specified by 10 CFR part 20, “Standards for Protection Against Radiation.” There will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for, or consequences from, radiological accidents. The amended Holtec International HI-STORM 100 Cask System design, when used under the conditions specified in the certificate of compliance, technical specifications, 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 § 72.210 may, consistent with the license conditions under § 72.212, load spent nuclear fuel into those HI-STORM 100 Cask System casks that meet the criteria of Amendment No. 14 to Certificate of Compliance No. 1014. 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 International HI-STORM 100 Cask System design listed in § 72.214. 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 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 chapter I. Although an Agreement State may not adopt program elements reserved to the NRC, and the Category “NRC” does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the particular State's administrative procedure laws. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31885). VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the 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 direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment. A. The Action The action is to amend § 72.214 to revise the Holtec International HI-STORM 100 Cask System listing within the “List of approved spent fuel storage casks” to include Amendment No. 14 to Certificate of Compliance No. 1014. B. The Need for the Action This direct final rule amends the certificate of compliance for the Holtec International HI-STORM 100 Cask 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. 14 updates the certificate of compliance to:
(1)Add three new regionalized Quarter Symmetric Heat Load loading patterns for the MPC-68M;
(2)reduce the minimum cooling time to 1 year for all fuel types for storage in the MPC-68M;
(3)use a damaged fuel isolator for damaged fuel stored in the MPC-68M; and
(4)modify the description of the vents in the overpack in the certificate of compliance and remove the word “four” from Section 1.b describing the air inlet and outlet vents. Amendment No. 14 also makes other administrative changes to the technical specifications. 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. 14 tiers off of the environmental assessment for the July 18, 1990 final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended. Holtec International HI-STORM 100 Cask 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 cask would prevent loss of confinement, shielding, and criticality control in the event of an accident. If there is no loss of confinement, shielding, or criticality control, the environmental impacts resulting from an accident would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 14 would remain well within 10 CFR part 20 limits. Therefore, the proposed certificate of compliance changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences of, radiological accidents. The NRC documented its safety findings in a preliminary safety evaluation report. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 14 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the Holtec International HI-STORM 100 Cask System in accordance with the changes described in proposed Amendment No. 14 would have to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. The environmental impacts would be the same as the proposed action. E. Alternative Use of Resources Approval of Amendment No. 14 to Certificate of Compliance No. 1014 would result in no irreversible commitment of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in the National Environmental Policy Act of 1969, as amended, and the NRC's regulations in subpart A of 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 100 Multipurpose Canister Cask System, Certificate of Compliance No. 1014, Amendment No. 14,” 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 new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing collections of information were approved by the Office of Management and Budget, approval number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec International. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (§ 2.810). 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 certificate of compliance, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On May 1, 2000 (65 FR 25241), the NRC issued an amendment to 10 CFR part 72 that approved the HI-STORM 100 Cask System design by adding it to the list of NRC-approved cask designs in § 72.214. On October 31, 2018, and as supplemented on November 6, 2018, February 28, 2019, April 5, 2019, April 23, 2019, May 13, 2019, and August 8, 2019, Holtec International submitted an application to amend the Holtec International HI-STORM 100 Multipurpose Canister Cask System as described in Section IV, “Discussion of Changes,” of this document. The alternative to this action is to withhold approval of Amendment No. 14 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI-STORM 100 Cask System under the changes described in Amendment No. 14 to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary safety evaluation report and environmental assessment, this direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of this direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and therefore, this action is recommended. XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (§ 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises Certificate of Compliance No. 1014 for the Holtec International HI-STORM 100 Cask System, as currently listed in § 72.214. The amendment consists of the changes in Amendment No. 14 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 14 to Certificate of Compliance No. 1014 for the Holtec International HI-STORM 100 Cask System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 14 applies only to new casks fabricated and used under Amendment No. 14. These changes do not affect existing users of the Holtec International HI-STORM 100 Cask System, and previous amendments continue to be effective for existing users. While current certificate of compliance users may comply with the new requirements in Amendment No. 14, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 14 to Certificate of Compliance No. 1014 does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC staff has not prepared a backfit analysis for this rulemaking. XIII. Congressional Review Act This direct final rule is not a rule as defined in the Congressional Review Act. XIV. Availability of Documents The documents identified in the following table are available to interested persons through the following methods. Document ADAMS accession No. Letter from Holtec International Transmitting Request for Amendment No. 14 to Certificate of Compliance No. 1014, October 31, 2018 ML18331A052 Attachment 1: Summary of Request for Amendment No. 14 to Certificate of Compliance No. 1014, October 31, 2018 ML18331A043 Attachment 2: Proposed Amendment No. 14 to Certificate of Compliance No. 1014, October 31, 2018 ML18331A046 Attachment 3: Proposed Amendment No. 14 to Certificate of Compliance No. 1014, Appendix A, October 31, 2018 ML18331A047 Attachment 4: Proposed Amendment No. 14 to Certificate of Compliance No. 1014, Appendix B, October 31, 2018 ML18331A048 Attachment 5: Final Safety Analysis Report Proposed Changes, October 31, 2018 ML18331A049 Letter from Holtec International Transmitting Supplement to Amendment Request, November 6, 2018 ML18324A577 Letter from Holtec International Transmitting Responses to NRC's 1st Round of Requests for Additional Information for Amendment No. 14, February 28, 2019 ML19065A053 Attachment 2: Requests for Additional Information, Combined Responses, Non-Proprietary, February 28, 2019 ML19065A027 Attachment 3: Final Safety Analysis Report Proposed Changes, Non-Proprietary, February 28, 2019 ML19065A029 Attachment 4: Summary of Proposed Changes, Non-Proprietary, February 28, 2019 ML19065A030 Letter from Holtec International Transmitting Responses to Clarification Questions, April 5, 2019 ML19101A339 Attachment 1: Responses to Clarification Questions, April 5, 2019 ML19101A337 Attachment 2: Final Safety Analysis Report (Proposed Revision 16B), April 5, 2019 ML19114A289 Letter from Holtec International, Submittal of Responses to Clarification Questions, April 23, 2019 ML19121A280 Final Safety Analysis Report (Proposed Revision 16B), Chapter 2, Changed Pages, April 5, 2019 ML19121A279 Letter from Holtec International, Submittal of Responses to Clarification Questions, dated May 13, 2019 ML19140A278 Final Safety Analysis Report (Proposed Revision 16B), Chapter 2, Changed Pages, May 13, 2019 ML19140A277 Proposed Certificate of Compliance No. 1014 Amendment No. 14, Certificate of Compliance for Spent Fuel Storage Casks ML19120A058 Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix A ML19120A059 Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix B ML19120A061 Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix A-100U ML19120A062 Proposed Certificate of Compliance No. 1014 Amendment No. 14, Technical Specifications, Appendix B-100U ML19120A063 Certificate of Compliance No. 1014 Amendment No. 14, Preliminary Safety Evaluation Report ML19120A064 Email from J. Tomlinson, Holtec, regarding administrative change to HI-Storm 100 Amendment 14 CoC, Appendix B, August 8, 2019 ML19224A393 The NRC may post materials related to this document, including public comments, on the Federal Rulemaking website at *https://www.regulations.gov* under Docket ID NRC-2019-0160. The Federal Rulemaking website allows you to receive alerts when changes or additions occur in a docket folder. To subscribe:
(1)Navigate to the docket folder (NRC-2019-0160);
(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, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR part 72: 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. 1014 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. *Certificate Number:* 1014. *Initial Certificate Effective Date:* May 31, 2000. *Amendment Number 1 Effective Date:* July 15, 2002. *Amendment Number 2 Effective Date:* June 7, 2005. *Amendment Number 3 Effective Date:* May 29, 2007. *Amendment Number 4 Effective Date:* January 8, 2008. *Amendment Number 5 Effective Date:* July 14, 2008. *Amendment Number 6 Effective Date:* August 17, 2009. *Amendment Number 7 Effective Date:* December 28, 2009. *Amendment Number 8 Effective Date:* May 2, 2012, as corrected on November 16, 2012 (ADAMS Accession No. ML12213A170); superseded by Amendment 8, Revision 1 Effective Date: February 16, 2016. *Amendment Number 8, Revision 1 Effective Date:* February 16, 2016. *Amendment Number 9 Effective Date:* March 11, 2014, superseded by Amendment Number 9, Revision 1, on March 21, 2016. *Amendment Number 9, Revision 1, Effective Date:* March 21, 2016, as corrected (ADAMS Accession No. ML17236A451). *Amendment Number 10 Effective Date:* May 31, 2016, as corrected (ADAMS Accession No. ML17236A452). *Amendment Number 11 Effective Date:* February 25, 2019. *Amendment Number 12 Effective Date:* February 25, 2019, as corrected (ADAMS Accession No. ML19109A111). *Amendment Number 13 Effective Date:* May 13, 2019, as corrected (ADAMS Accession No. ML19109A122). *Amendment Number 14 Effective Date:* December 17, 2019 *Safety Analysis Report
(SAR)Submitted by:* Holtec International. *SAR Title:* Final Safety Analysis Report for the HI-STORM 100 Cask System. *Docket Number:* 72-1014. *Certificate Expiration Date:* May 31, 2020. *Model Number:* HI-STORM 100. Dated at Rockville, Maryland, this 17th day of September, 2019. For the Nuclear Regulatory Commission. Daniel H. Dorman, Acting Executive Director for Operations. [FR Doc. 2019-21209 Filed 10-2-19; 8:45 am]
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