Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2020-11-09.xml --- 85 217 Monday, November 9, 2020 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Lamb Promotion, Research, and Information Order; Correction, 71274 2020-24754 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71303 2020-24761 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Survey of Residential Building or Zoning Permit Systems, 71305-71306 2020-24765 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: End-Stage Renal Disease Prospective Payment System, Payment for Renal Dialysis Services Furnished to Individuals with Acute Kidney Injury, and End-Stage Renal Disease Quality Incentive Program, 71398-71487 2020-24485 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71344-71346 2020-24852 Medicare and Medicaid Programs:

Application from the Joint Commission for Continued Approval of Its Hospice Accreditation Program, 71343-71344 2020-24859 Medicare Program: Request for Renewal of Deeming Authority of the National Committee for Quality Assurance for Medicare Advantage Health Maintenance Organizations and Preferred Provider Organizations, 71346-71347 2020-24799 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

State Plan for Grants to States for Refugee Resettlement, 71347-71348 2020-24777 Civil Rights Civil Rights Commission NOTICES Meetings: Georgia Advisory Committee, 71304 2020-24850 Nebraska Advisory Committee, 71305 2020-24851 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission RULES Margin Requirements for Uncleared Swaps for Swap Dealers and Major Swap Participants, 71246-71251 2020-23473 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Prohibition of Foreign Commercial Satellite Services from Certain Foreign Entities-Representations, 71326 2020-24857 Defense Department Defense Department See Defense Acquisition Regulations System Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Gaining Early Awareness and Readiness for Undergraduate Programs Final Performance Report, 71333-71334 2020-24798 National Survey of Charter School Facilities, 71334 2020-24854 Applications for New Awards:

Fund for the Improvement of Postsecondary Education—Career and Educational Pathways Exploration System Program, 71328-71333 2020-24814 List of Approved Ability-to-Benefit Tests and Passing Scores, 71326-71328 2020-24795 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Orders: Eversource Gas Co. of Massachusetts; Transcanada Pipelines, Ltd.; Cima Energy, LP; et al., 71334-71336 2020-24820 Engraving Engraving and Printing Bureau NOTICES Environmental Impact Statements;

Availability, etc.: No Practicable Alternative for the Proposed Construction and Operation of a Replacement Currency Production Facility at the Beltsville Agricultural Research Center, Prince George's County, MD, 71394-71396 2020-24826 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; South Coast Moderate Area Plan and Reclassification as Serious Nonattainment for the 2012 Particulate Matter 2.5 National Ambient Air Quality Standards, 71264-71270 2020-23033 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Wisconsin; Prevention of Significant Deterioration and Nonattainment New Source Review Rule Clarifications, 71295-71296 2020-24776 National Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers Production Reconsideration, 71490-71528 2020-23387 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71303-71304 2020-24827 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Helicopters, 71235-71238 2020-24675 Airbus SAS Airplanes, 71238-71244 2020-24641 2020-24642 GE Aviation Czech s.r.o. (Type Certificate previously held by WALTER Engines a.s., Walter a.s., and MOTORLET a.s.) Turboprop Engines, 71229-71232 2020-24794 Gulfstream Aerospace Corporation Airplanes, 71232-71235 2020-24808 Pilatus Aircraft Ltd. Airplanes, 71244-71246 2020-24805 PROPOSED RULES Airspace Designations and Reporting Points: Gray AAF (Joint Base Lewis-McChord), WA, 71290-71292 2020-24581 Multiple Air Traffic Service Routes in the Vicinity of Henderson, WV, 71293-71294 C1-2020-24288 Tacoma Narrows Airport, WA, 71289-71290 2020-24751 VOR Federal Airways V-49 and V-541 in the Vicinity of Decatur, AL, 71292-71293 2020-24804 Airworthiness Directives:

Airbus Helicopters Deutschland GmbH, 71286-71289 2020-24766 Federal Communications Federal Communications Commission PROPOSED RULES Petitions for Reconsideration of Action in Proceedings, 71296 2020-24731 NOTICES Audio Description: Preliminary Nonbroadcast Network Rankings, 71336-71337 2020-24815 Privacy Act; Systems of Records, 71337-71340 2020-24730 Federal Deposit Federal Deposit Insurance Corporation RULES Assessments; Corrections, 71227-71228 2020-23492 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State Administrative Plan for the Hazard Mitigation Grant Program, 71351-71352 2020-24845 Meetings: National Advisory Council, 71352-71353 2020-24847 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings: Impact of Electric Vehicles on the Transmission System and Wholesale Electricity Market; Roundtable Discussion, 71336 2020-24856 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Prior Approval for Enterprise Products, 71276-71286 2020-23452 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings, 71340 2020-24779 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreement:

Stryker and Wright Medical; Analysis of Consent Orders to Aid Public Comment, 71340-71343 2020-24813 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agreements with Friends Organizations, 71354-71355 2020-24802 Food and Drug Food and Drug Administration PROPOSED RULES Request for Information: Consumption of Certain Uncommon Produce Commodities in the United States; Extension of Comment Period, 71294-71295 2020-24806 NOTICES Guidance:

Insanitary Conditions at Compounding Facilities, 71348-71350 2020-24807 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Subzone Expansion: Eastern Shipbuilding Group, Inc., Panama City and Port St. Joe, FL, 71306 2020-24801 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration NOTICES Meetings: Advisory Council on Alzheimer's Research, Care, and Services, 71351 2020-24818 Health Resources Health Resources and Services Administration NOTICES Draft Recommendation Statement on Preventing Obesity in Midlife Women, 71350-71351 2020-24819 Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Request for Information:

Evidence-Building Activities, 71353-71354 2020-24836 Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China, 71313-71314 2020-24812 Certain Pasta from Italy, 71315-71317 2020-24835 Chlorinated Isocyanurates from the People's Republic of China, 71312-71313 2020-24762 Chloropicrin from the People's Republic of China, 71314-71315 2020-24828 Citric Acid and Certain Citrate Salts from Belgium, 71306-71308 2020-24829 Commodity Matchbooks from India, 71321-71323 2020-24830 Diamond Sawblades and Parts Thereof from the People's Republic of China, 71308-71311 2020-24800 Forged Steel Fittings from Taiwan, 71317-71318 2020-24832 Monosodium Glutamate from the People's Republic of China and the Republic of Indonesia, 71318-71319 2020-24831 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand, 71311-71312 2020-24834 Steel Concrete Reinforcing Bar from the Republic of Turkey, 71320-71321 2020-24767 Tetrahydrofurfuryl Alcohol from the People's Republic of China, 71321 2020-24763 Determination of Sales at Less Than Fair Value:

Certain Vertical Shaft Engines Between 99cc and Up to 225cc, and Parts Thereof, From the People's Republic of China, 71319-71320 2020-24833 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Furniture Products Finished with Decorative Wood Grain Paper and Components Thereof, 71355-71356 2020-24782 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:

Daimler Coaches North America, LLC, 71392-71394 2020-24822 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 71270-71272 2020-24848 Fisheries of the Exclusive Economic Zone Off Alaska: St. Matthew Blue King Crab Rebuilding Plan in the Bering Sea and Aleutian Islands, 71272-71273 2020-23546 PROPOSED RULES Implementation of Fish and Fish Product Import Provisions of the Marine Mammal Protection Act:

Rejection of Petition and Issuance of Comparability Findings, 71297-71300 2020-24416 Pacific Island Pelagic Fisheries: 2021 Territorial Longline Bigeye Tuna Catch Limits, 71300-71302 2020-24750 NOTICES Permit Application: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Exempted Fishing, 71323 2020-24837 Permits: Marine Mammals, 71324-71325 2020-24816 Requests for Nominations: Ocean Exploration Advisory Board, 71325-71326 2020-24045 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks:

Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 4, 71223-71227 2020-24320 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 4, 71274-71276 2020-24321 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste, 71356-71357 2020-24797 Peace Peace Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71357-71360 2020-24780 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 71364, 71373-71374, 71381-71383 2020-24838 2020-24839 2020-24840 2020-24841 2020-24842 2020-24843 2020-24844 Meetings: Investor Advisory Committee, 71365 2020-24846 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 71361-71364 2020-24784 Financial Industry Regulatory Authority, Inc., 71387-71390 2020-24787 Fixed Income Clearing Corp., 71374-71381 2020-24785 New York Stock Exchange, LLC, 71364-71365 2020-24792 NYSE American, LLC, 71373 2020-24789 NYSE Arca, Inc., 71365-71373 2020-24786 2020-24788 NYSE Chicago, Inc., 71384 2020-24790 NYSE National, Inc., 71381 2020-24791 The Options Clearing Corp., 71384-71387 2020-24783 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 71390 2020-24764 2020-24770 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Individual, Corporate or Foundation, and Government Donor Letter Applications, 71390-71391 2020-24775 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Regulatory Program: Pennsylvania, 71251-71263 2020-23215 Trade Representative Trade Representative, Office of United States NOTICES Results of the 2020 Annual Generalized System of Preferences Review, 71391-71392 2020-24824 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Engraving and Printing Bureau Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 71398-71487 2020-24485 Part III Environmental Protection Agency, 71490-71528 2020-23387 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. 85 217 Monday, November 9, 2020 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2020-0179] RIN 3150-AK51 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 4 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 UMAX Canister Storage System listing within the “List of approved spent fuel storage casks” to include Amendment No. 4 to Certificate of Compliance No. 1040. Amendment No. 4 revises the certificate of compliance to update the technical specifications for radiation protection regarding the dose rate limit for the vertical ventilated module lid, update the technical specifications for the vent blockage limiting condition for operation, and add a Type 1 version of multi-purpose canister MPC-37. DATES: This direct final rule is effective January 25, 2021, unless significant adverse comments are received by December 9, 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. 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-2020-0179. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: *Dawn.Forder@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: Christian J. Jacobs, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6825; email: *Christian.Jacobs@nrc.gov* or Gerry L. Stirewalt, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-3698; email: *Gerry.Stirewalt@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-2020-0179 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-2020-0179. • *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. • *Attention:* The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at *PDR.Resource@nrc.gov* or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. B. Submitting Comments Please include Docket ID NRC-2020-0179 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 rule is limited to the changes contained in Amendment No. 4 to Certificate of Compliance No. 1040 and does not include other aspects of the Holtec International HI-STORM UMAX Canister Storage System cask 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 reasonably assured. The amendment to the rule will become effective on January 25, 2021. However, if the NRC receives any significant adverse comments on this direct final rule by December 9, 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. 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. 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 “[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.” To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that 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 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25, 2015), that approved the Holtec International HI-STORM UMAX Canister Storage System and added it to the list of NRC-approved cask designs in § 72.214, “List of approved spent fuel storage casks,” as Certificate of Compliance No. 1040. IV. Discussion of Changes On September 28, 2018, Holtec International submitted a request to amend Certificate of Compliance No. 1040 for the HI-STORM UMAX Canister Storage System. Holtec International supplemented its request on the following dates: May 21, 2019; November 1, 2019; December 20, 2019; March 30, 2020; and April 13, 2020. Amendment No. 4 revises the certificate of compliance to

(1)update the technical specifications for radiation protection regarding the dose rate limit for the vertical ventilated module lid,

(2)update the technical specifications for the vent blockage limiting condition for operation, and

(3)add a Type 1 version of multi-purpose canister MPC-37. 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 maintain confinement, 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. 4 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 determined that the amended Holtec International HI-STORM UMAX 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 license conditions under § 72.212, load spent nuclear fuel into Holtec International HI-STORM UMAX Canister Storage System casks that meet the criteria of Amendment No. 4 to Certificate of Compliance No. 1040. 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 UMAX Canister Storage System cask 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 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 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 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 based on the basis of this environmental assessment. A. The Action The action is to amend § 72.214 by revising the Holtec International HI-STORM UMAX Canister Storage System listing in the “List of approved spent fuel storage casks” to include Amendment No. 4 to Certificate of Compliance No. 1040. B. The Need for the Action This direct final rule amends the certificate of compliance for the Holtec International HI-STORM UMAX 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. 4 revises the certificate of compliance to

(1)update the technical specifications for radiation protection regarding the dose rate limit for the vertical ventilated module lid,

(2)update the technical specifications for the vent blockage limiting condition for operation, and

(3)add a Type 1 version of multi-purpose canister MPC-37. 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. 4 tiers off 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 UMAX 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 provide confinement, shielding, and criticality control in the event of each evaluated accident condition. If confinement, shielding, and criticality control are maintained, 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. 4 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. 4 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 UMAX Canister Storage System in accordance with the changes described in proposed Amendment No. 4 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. 4 to Certificate of Compliance No. 1040 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 UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 4” 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 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25, 2015), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec International HI-STORM UMAX Canister Storage System design by adding it to the list of NRC-approved cask designs in § 72.214. On September 28, 2018, and as supplemented on May 21, 2019, November 1, 2019, December 20, 2019, March 30, 2020, and April 13, 2020, Holtec International submitted a request to amend the HI-STORM UMAX 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. 4 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI-STORM UMAX Canister Storage System under the changes described in Amendment No. 4 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; 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. 1040 for the Holtec International HI-STORM UMAX Canister Storage System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 4 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 4 to Certificate of Compliance No. 1040 for the Holtec International HI-STORM UMAX Canister Storage System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 4 applies only to new casks fabricated and used under Amendment No. 4. These changes do not affect existing users of the Holtec International HI-STORM UMAX Canister Storage System, and the current Amendment No. 2 continues to be effective for existing users. Amendment No. 3 to Certificate of Compliance No. 1040 has not been issued. While existing users of this storage system may comply with the new requirements in Amendment No. 4, this would be a voluntary decision on the part of existing users. For these reasons, Amendment No. 4 to Certificate of Compliance No. 1040 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 as indicated. Document ADAMS package accession No. Letter from Holtec International to NRC submitting the Amendment No. 4 Request for HI-STORM UMAX Canister Storage System Certificate of Compliance No. 1040, September 28, 2018 ML18285A820. Holtec International HI-STORM UMAX Amendment No. 4 Responses to Request for Additional Information, May 21, 2019 ML19144A140. Holtec International HI-STORM UMAX Amendment No. 4 Responses to Request for Additional Information, November 1, 2019 ML19311C514. Holtec International HI-STORM UMAX Amendment No. 4 Responses to Request for Additional Information, December 20, 2019 ML20002A425. Holtec International HI-STORM UMAX Amendment No. 4 Responses to Request for Additional Information, March 30, 2020 ML20104C014. Holtec International HI-STORM UMAX Amendment No. 4 Responses to Request for Additional Information, April 13, 2020 ML20111A237. User Need Memorandum to J. Cai from J. McKirgan with Proposed Certificate of Compliance No. 1040, Amendment No. 4; Associated Proposed Technical Specifications; and the Preliminary Safety Evaluation Report, July 21, 2020 ML20161A087. 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-2020-0179. 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-2020-0179);

(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. 1040 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. *Certificate Number:* 1040. *Initial Certificate Effective Date:* April 6, 2015. *Amendment Number 1 Effective Date:* September 8, 2015. *Amendment Number 2 Effective Date:* January 9, 2017. Amendment Number 3 [RESERVED] *Amendment Number 4 Effective Date:* January 25, 2021. *SAR Submitted by:* Holtec International, Inc. *SAR Title:* Final Safety Analysis Report for the Holtec International HI-STORM UMAX Canister Storage System. *Docket Number:* 72-1040. *Certificate Expiration Date:* April 6, 2035. *Model Number:* MPC-37, MPC-89. Dated October 21, 2020. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2020-24320 Filed 11-6-20; 8:45 am]

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