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Code · REGISTER · 2020-05-13 · PROPOSED RULES · Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Ex · Unknown

Unknown. Direct final rule

6,943 words·~32 min read·/register/2020/05/13/2020-10087

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-2020-05-13.xml --- 85 93 Wednesday, May 13, 2020 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Restoration of Firearms Privileges, 28664-28665 2020-10214 Animal Animal and Plant Health Inspection Service RULES Animal Welfare:
Amendments to Licensing Provisions and to Requirements for Dogs, 28772-28799 2020-07837 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Institute for Occupational Safety and Health, National Firefighter Registry Subcommittee, 28638 2020-10283 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of 2020 Residential Energy Consumption;
Low Income Home Energy Assistance Program Administrative Data Matching, 28638-28639 2020-10230 Coast Guard Coast Guard RULES Safety Zone: Tug Kimberly Anne and Barge Big Digger Operating in the Straits of Mackinac, MI, 28488-28490 2020-09652 PROPOSED RULES Drawbridge Operations: Back Bay of Biloxi, Biloxi, MS, 28540-28541 2020-09856 Belle River, LA, 28542-28544 2020-09855 Industrial Seaway Canal, MS, 28544-28546 2020-09854 Trent River, New Bern, NC, 28546-28548 2020-09462 Financial Responsibility-Vessels;
Superseded Pollution Funds, 28802-28828 2020-08159 Special Local Regulations: Marine Events Within the Fifth Coast Guard District; Withdrawal, 28539-28540 2020-09221 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28646-28647 2020-10266 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulation:
List of Domestically Nonavailable Articles, 28596-28598 2020-09208 Education Department Education Department NOTICES Application for New Awards: Rehabilitation Long-Term Training Program—Vocational Rehabilitation Counseling; Deadline Extension, 28617 2020-10260 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application To Export Electric Energy: Powerex Corp., 28617-28618 2020-10265 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: New York; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standards in the New York Metropolitan Area Moderate Nonattainment Area, 28490-28493 2020-08860 Oklahoma; Updates to the General SIP and New Source Review Permitting Requirements; Correction, 28493-28494 2020-09550 Withdrawal of Certain Federal Water Quality Criteria Applicable to Washington, 28494-28499 2020-08497 PROPOSED RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Missouri; Control of Emissions From Lithographic and Letterpress Printing Operations, 28548-28549 2020-09915 Wisconsin; Redesignation of the Shoreline Sheboygan, WI Area to Attainment of the 2008 Ozone Standards, 28550-28564 2020-09829 Vehicle Test Procedure Adjustments for Tier 3 Certification Test Fuel, 28564-28586 2020-07202 NOTICES Final Reissuance of National Pollutant Discharge Elimination System General Permit: Concentrated Animal Feeding Operations in Idaho, 28624-28625 2020-10227 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Issuance of Statement:
Federal Financial Accounting Concepts 9, Materiality: Amending Statement of Federal Financial Accounting Concepts (SFFAC) 1, Objectives of Federal Financial Reporting, and SFFAC 3, Management's Discussion and Analysis, 28625 2020-10154 Federal Aviation Federal Aviation Administration PROPOSED RULES Amendment of Class D and Class E Airspace: Jackson and Lakeview, MI, 28523-28524 2020-10006 Federal Communications Federal Communications Commission PROPOSED RULES Rules Governing the Use of Distributed Transmission System Technologies, Authorizing Permissive Use of the “Next Generation” Broadcast Television Standard, 28586-28596 2020-09625 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28625-28627, 28634-28636 2020-10158 2020-10160 2020-10161 Improving Public Safety Communications in the 800 MHZ Band, 28627-28633 2020-10163 Meetings: Communications Security, Reliability, and Interoperability Council, 28637 2020-10159 Privacy Act; Matching Program, 28633-28634 2020-10162 Federal Emergency Federal Emergency Management Agency RULES Emergency Management Priorities and Allocations System, 28500-28520 2020-10294 Suspension of Community Eligibility, 28499-28500 2020-09720 NOTICES Major Disaster Declaration:
Alabama; Amendment No. 1, 28654 2020-10179 Arizona; Amendment No. 1, 28652 2020-10193 Arkansas; Amendment No. 1, 28653 2020-10189 Colorado; Amendment No. 1, 28649 2020-10175 Connecticut; Amendment No. 1, 28655 2020-10176 Delaware; Amendment No. 1, 28657 2020-10195 District of Columbia; Amendment No. 1, 28657 2020-10178 Georgia; Amendment No. 1, 28653 2020-10177 Idaho; Amendment No. 1, 28648 2020-10202 Indiana; Amendment No. 1, 28651 2020-10187 Iowa; Amendment No. 1, 28653 2020-10169 Kansas;
Amendment No. 1, 28655 2020-10180 Kentucky; Amendment No. 1, 28650 2020-10174 Maryland; Amendment No. 1, 28651 2020-10172 Minnesota; Amendment No. 1, 28648 2020-10200 Mississippi; Amendment No. 1, 28649 2020-10197 Missouri; Amendment No. 1, 28654 2020-10171 Nebraska; Amendment No. 1, 28656 2020-10191 Nevada; Amendment No. 1, 28648 2020-10192 New Hampshire; Amendment No. 1, 28647 2020-10188 New Mexico; Amendment No. 1, 28654 2020-10198 North Carolina; Amendment No. 1, 28652 2020-10170 North Dakota;
Amendment No. 1, 28658 2020-10184 Ohio; Amendment No. 1, 28656 2020-10183 Oklahoma; Amendment No. 1, 28649 2020-10199 Pennsylvania; Amendment No. 1, 28650 2020-10182 Rhode Island; Amendment No. 1, 28652 2020-10181 South Carolina; Amendment No. 1, 28655 2020-10173 South Dakota; Amendment No. 1, 28656 2020-10196 Tennessee; Amendment No. 1, 28650 2020-10186 Vermont; Amendment No. 1, 28658 2020-10201 Virginia; Amendment No. 1, 28651 2020-10185 Wisconsin; Amendment No. 1, 28657 2020-10190 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28621-28624 2020-10252 2020-10256 Application: Equitrans, LP, 28623 2020-10254 Pacific Gas and Electric Co., 28621 2020-10255 Authorization for Continued Project Operation: Bear Swamp Power Co., LLC, 28619 2020-10257 Erie Boulevard Hydropower, LP, 28619 2020-10258 Combined Filings, 28618-28620 2020-10279 2020-10280 Environmental Assessments; Availability, etc.: Columbia Gas Transmission, LLC; Leach XPress Project Amendment, 28620-28621 2020-10251 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 28637 2020-10267 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings: Board Member, 28637-28638 2020-10242 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Channels of Trade Policy for Commodities With Residues of Pesticide Chemicals, for Which Tolerances Have Been Revoked, Suspended, or Modified by the Environmental Protection Agency Pursuant to Dietary Risk Considerations, 28639-28642 2020-10272 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: School Food Purchase Study IV, 28599-28602 2020-10206 School Meals Operations Study: Evaluation of the School-Based Child Nutrition Programs, 28602-28605 2020-10205 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation: List of Domestically Nonavailable Articles, 28596-28598 2020-09208 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Findings of Research Misconduct, 28643-28645 2020-10253 Meetings:
National Biodefense Science Board, 28645 2020-10156 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Questionnaire and Data Collection Testing, Evaluation, and Research for the Health Resources and Services Administration, 28642-28643 2020-10247 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Determination Pursuant to the Illegal Immigration Reform and Immigrant Responsibility Act;
Correction, 28658-28662 2020-10112 2020-10113 Interior Interior Department See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Denial of Deduction for Certain Fines, Penalties, and Other Amounts: Information With Respect to Certain Fines, Penalties, and Other Amounts, 28524-28539 2020-08649 Hearing: Source of Income From Certain Sales of Personal Property, 28539 2020-09966 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28697-28698 2020-10236 2020-10237 Credit for Renewable Electricity Production, Refined Coal Production, and Indian Coal Production, and Publication of Inflation Adjustment Factors and Reference Prices for Calendar Year 2020, 28698-28699 2020-10273 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Prestressed Concrete Steel Wire Strand From the Republic of Turkey, 28610-28613 2020-10234 Initiation of Less-Than-Fair-Value Investigations: Prestressed Concrete Steel Wire Strand From Argentina, Colombia, Egypt, Indonesia, Italy, Malaysia, the Netherlands, Saudi Arabia, South Africa, Spain, Taiwan, Tunisia, the Republic of Turkey, Ukraine, and the United Arab Emirates, 28605-28610 2020-10233 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Monosodium Glutamate From China and Indonesia, 28663-28664 2020-10244 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Labor Department Labor Department See Workers Compensation Programs Office NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation: List of Domestically Nonavailable Articles, 28596-28598 2020-09208 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Foreign Branching, 28666-28667 2020-10249 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 28646 2020-10281 National Institute of Diabetes and Digestive and Kidney Diseases, 28646 2020-10270 National Institute of Environmental Health Sciences, 28645-28646 2020-10271 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Gulf of Mexico Fishery Management Council, 28615-28616 2020-10208 North Pacific Fishery Management Council, 28614-28615 2020-10209 Pacific Fishery Management Council, 28614 2020-10210 2020-10212 Western Pacific Fishery Management Council, 28616-28617 2020-10211 National Park National Park Service NOTICES National Register of Historic Places:
Pending Nominations and Related Actions, 28662-28663 2020-10274 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 5, 28479-28484 2020-10087 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 5, 28521-28523 2020-10088 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Part 55 Exemption Request and Part 55 Research and Test Reactor Exemption Request Online Forms, 28667-28668 2020-10164 Postal Service Postal Service NOTICES Market Test of Experimental Product: Commercial PO Box Redirect Service, 28668 2020-10168 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Mother's Day (Proc. 10033), 28837-28838 2020-10434 National Charter Schools Week (Proc. 10030), 28829-28832 2020-10424 National Defense Transportation Day and National Transportation Week (Proc. 10031), 28833-28834 2020-10425 Peace Officers Memorial Day and Police Week (Proc. 10032), 28835-28836 2020-10430 ADMINISTRATIVE ORDERS COVID-19 Response and Economic Recovery Facilitation in South Dakota;
Continued Federal Support for Governors' Use of National Guard (Memorandum of May 8, 2020), 28839-28840 2020-10437 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28605 2020-10213 Securities Securities and Exchange Commission RULES Updated Disclosure Requirements and Summary Prospectus for Variable Annuity and Variable Life Insurance Contracts, 28484-28488 C1-2020-05526 PROPOSED RULES Good Faith Determinations of Fair Value, 28734-28770 2020-08854 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28668-28669, 28675-28676, 28685-28686 2020-10239 2020-10275 2020-10276 2020-10277 Meetings: Fixed Income Market Structure Advisory Committee, 28686 2020-10262 Order Directing the Exchanges and the Financial Industry Regulatory Authority To Submit a New National Market System Plan Regarding Consolidated Equity Market Data, 28702-28731 2020-10041 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 28669-28671 2020-10217 New York Stock Exchange LLC;
NYSE National, Inc.; NYSE Arca, Inc.; NYSE American, LLC, 28671-28675 2020-10223 NYSE American, LLC, 28686-28691 2020-10216 NYSE Arca, Inc., 28676-28685 2020-10219 Small Business Small Business Administration RULES Business Loan Program Temporary Changes: Paycheck Protection Program—Requirements—Extension of Limited Safe Harbor With Respect to Certification Concerning Need for Paycheck Protection Program Loan Request, 2020-10311 State Department State Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Repatriation/Emergency Medical and Dietary Assistance Loan Application, 28691 2020-10259 Trade Representative Trade Representative, Office of United States NOTICES Annual Review of Country Eligibility for Benefits Under the African Growth and Opportunity Act, 28695-28697 2020-10218 Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 28691-28695 2020-10231 2020-10232 2020-10235 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Compliance Inspection Report, 28699 2020-10222 Meetings: Research Advisory Committee on Gulf War Veterans' Illnesses, 28699-28700 2020-10155 Workers' Workers Compensation Programs Office NOTICES Meetings: Advisory Board on Toxic Substances and Worker Health, 28665-28666 2020-10269 Separate Parts In This Issue Part II Securities and Exchange Commission, 28702-28731 2020-10041 Part III Securities and Exchange Commission, 28734-28770 2020-08854 Part IV Agriculture Department, Animal and Plant Health Inspection Service, 28772-28799 2020-07837 Part V Homeland Security Department, Coast Guard, 28802-28828 2020-08159 Part VI Presidential Documents, 28829-28840 2020-10434 2020-10424 2020-10425 2020-10430 2020-10437 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. 85 93 Wednesday, May 13, 2020 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2020-0050] RIN 3150-AK47 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 5 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 Multipurpose Canister Storage System listing within the “List of approved spent fuel storage casks” to include Amendment No. 5 to Certificate of Compliance No. 1032. Amendment No. 5 revises the certificate of compliance to: Add new heat load patterns and revise the minimum required cooling time for two multipurpose canisters MPC-89 and MPC-37; add new fuel types to the approved contents; allow an exception to a code to permit use of certain duplex stainless steels; use an analysis model to revise the calculation for evaluating effective fuel conductivities; add the use of the damaged fuel isolator; add two versions of the standard variable weight transfer cask; add the option of using cyclic vacuum drying; and make changes to the final safety analysis report to add new types of fuel assemblies, add a definition to it and to the certificate of compliance, and add the required shielding evaluation to Section 5.4.8. In addition, Amendment No. 5 makes several clarifications and minor changes. These changes are discussed in more detail in the “Discussion of Changes” section of this direct final rule. DATES: This direct final rule is effective July 27, 2020, unless significant adverse comments are received by June 12, 2020. 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. 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-2020-0050. 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. • *Mail comments to:* Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. 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 Vanessa Cox, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-8342; email: *Vanessa.Cox@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 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-2020-0050 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-2020-0050. • *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. B. Submitting Comments Please include Docket ID NRC-2020-0050 in your comment submission. 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** . 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* and enters all 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, 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. You should inform those persons 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 rule is limited to the changes contained in Amendment No. 5 to Certificate of Compliance No. 1032 and does not include other aspects of the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage 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 non-controversial. The NRC has determined that, with the requested changes, adequate protection of public health and safety will continue to be ensured. The amendment to the rule will become effective on July 27, 2020. However, if the NRC receives any significant adverse comment on this direct final rule by June 12, 2020, 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. Responses are considered substantive 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;
(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC.
(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition; or
(3)The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. III. Background Section 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 March 28, 2011 (76 FR 17019), that approved the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1032. IV. Discussion of Changes On June 15, 2018, as supplemented on September 20, 2018, April 1, 2019, April 30, 2019, June 14, 2019, October 4, 2019, October 21, 2019, and December 18, 2019, Holtec International submitted a request to amend Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind Multipurpose Canister Storage System. Amendment No. 5 revises the certificate of compliance as follows: 1. Adds new heat load patterns for the MPC-89 and MPC-37 and revises the minimum required cooling time for fuel to one year for MPC-89 and MPC-37 storage canisters. 2. Adds four new fuel types (10x10I, 11x11A, 7x7C and 8x8G) to the approved contents listed in Appendix B to the certificate of compliance. 3. Allows an exception to the American Society of Mechanical Engineers Code that permits use of certain duplex stainless steels in the HI-STORM Flood/Wind Multipurpose Canister Storage System. 4. Uses the ANSYS FLUENT® computer-based analysis model to revise the calculation for evaluating effective fuel conductivities. 5. Adds the use of the damaged fuel isolator to Appendix A of the certificate of compliance. 6. Adds two versions of the standard variable weight transfer cask: Version V, which has a natural circulation feature, and Version V2, which has the option for a removable neutron shield. 7. Adds the option of using cyclic vacuum drying for all multi-purpose canisters. 8. Adds fuel assemblies containing blended low enriched uranium as approved contents, adds the definition for blended low-enriched uranium fuel assemblies to the Glossary in the final safety analysis report and to the definition section in the certificate of compliance, and adds the required shielding evaluation to the final safety analysis report for storing blended low enriched uranium fuel assemblies in the HI-STORM Flood/Wind Multipurpose Canister Storage System. In addition, Amendment No. 5 makes several clarifications and minor changes. As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that the design of the cask would continue to prevent loss of containment, shielding, and criticality control in the event of each evaluated accident condition. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 5 would remain well within the limits specified by 10 CFR part 20, “Standards for Protection Against Radiation.” Thus, the NRC found there will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The NRC staff determined that the amended Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System cask design, when used under the conditions specified in the certificate of compliance, the 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 reasonably assured. 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 Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System casks that meet the criteria of Amendment No. 5 to Certificate of Compliance No. 1032. 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 revises the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System design listed in § 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 “Agreement State Program Policy Statement” approved by the Commission on October 2, 2017, and published in the **Federal Register** on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility V. Category “NRC—Areas of Exclusive NRC Regulatory Authority.” 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. Therefore, compatibility is not required for program elements in this category. 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 Agreement 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 31883). 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 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 Flood/Wind Multipurpose Canister Storage System listing within the “List of approved spent fuel storage casks” to include Amendment No. 5 to Certificate of Compliance No. 1032. B. The Need for the Action This direct final rule amends the certificate of compliance for the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, Amendment No. 5 revises the certificate of compliance to:
(1)Add new heat load patterns and revise the minimum required cooling time for multipurpose canisters MPC-89 and MPC-37;
(2)add new fuel types to the approved contents;
(3)allow an exception to a code to permit use of certain duplex stainless steels;
(4)use an analysis model to revise the calculation for evaluating effective fuel conductivities;
(5)add the use of the damaged fuel isolator;
(6)add two versions of the standard variable weight transfer cask;
(7)add the option of using cyclic vacuum drying; and
(8)make changes to the final safety analysis report to add new types of fuel assemblies, add a definition to it and to the certificate of compliance, and add the required shielding evaluation to Section 5.4.8. In addition, Amendment No. 5 makes several clarifications and minor changes. 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 analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for Amendment No. 5 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. The Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage 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, can 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. The design of the cask would prevent loss of confinement, shielding, and criticality control in the event of each evaluated accident condition. 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. 5 would remain well within the 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 from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 5 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 Flood/Wind Multipurpose Canister Storage System in accordance with the changes described in proposed Amendment No. 5 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. 5 to Certificate of Compliance No. 1032 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, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.”. 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 Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 5” 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:
(1)It notifies the NRC in advance;
(2)the spent fuel is stored under the conditions specified in the cask's certificate of compliance; and
(3)the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On March 28, 2011 (76 FR 17019), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System design by adding it to the list of NRC-approved cask designs in § 72.214. On June 15, 2018, as supplemented on September 20, 2018, April 1, 2019, April 30, 2019, June 14, 2019, October 4, 2019, October 21, 2019, and December 18, 2019, Holtec International submitted a request to amend the HI-STORM Flood/Wind Multipurpose Canister Storage System as described in Section IV, “Discussion of Changes,” of this document. The alternative to this action is to withhold approval of Amendment No. 5 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System under the changes described in Amendment No. 5 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. 1032 for the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 5 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 5 to Certificate of Compliance No. 1032 for the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 5 applies only to new casks fabricated and used under Amendment No. 5. These changes do not affect existing users of the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, and previous amendments continue to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 5, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 5 to Certificate of Compliance No. 1032 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 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 one or more of the following methods, as indicated. Document Adams Accession No./Web link/ Federal Register Citation Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Resubmittal dated June 15, 2018 ML18179A100 (package). Holtec International Modification to Requested Changes on HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Request dated September 20, 2018 ML18268A139. Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Response to Request for Supplemental Information dated April 1, 2019 ML19108A081 (package). Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Request for Supplemental Information 6-1 for Certificate of Compliance No. 1032 dated April 30, 2019 ML19127A267 (package). Submittal of Holtec International Certificate of Compliance No. 1032 dated June 14, 2019 ML19177A239 (package). Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Response to Request for Additional Information—Batch 1 dated October 4, 2019 ML19289A626 (package). Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Response to Request for Additional Information—Batch 2 dated October 21, 2019 ML19317D392 (package). Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment 5 Consolidated Changed Pages dated December 18, 2019 ML20002A643 (package). Memo re User Need for Rulemaking for the Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 5 dated February 14, 2020 ML20014E617. Draft Proposed Certificate of Compliance No. 1032, Amendment 5 ML20014E618. Proposed Certificate of Compliance No. 1032, Amendment 5—Appendix A, Technical Specifications ML20014E619. Proposed Certificate of Compliance No. 1032, Amendment 5—Appendix B ML20014E620. Preliminary Certificate of Compliance No. 1032, Amendment 5—Safety Evaluation Report ML20014E621. 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-2020-0050. 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-2020-0050;
(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. 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. *Amendment Number 2 Effective Date:* November 7, 2016. *Amendment Number 3 Effective Date:* September 11, 2017. *Amendment Number 4 Effective Date:* July 14, 2020. *Amendment Number 5 Effective Date:* July 27, 2020. *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 this 29th day of April, 2020. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2020-10087 Filed 5-12-20; 8:45 am]
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