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Code · REGISTER · 2023-01-06 · PROPOSED RULES · Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Partner Information Form, 1039 2022-28665 Agriculture Agriculture D · Unknown

Unknown. Direct final rule

6,044 words·~27 min read·/register/2023/01/06/2022-28633

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-2023-01-06.xml --- 88 4 Friday, January 6, 2023 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Partner Information Form, 1039 2022-28665 Agriculture Agriculture Department See Food and Nutrition Service Children Children and Families Administration RULES Mitigating the Spread of COVID-19 in Head Start Programs, 993-1009 2022-28451 Coast Guard Coast Guard NOTICES Meetings:
National Maritime Security Advisory Committee, 1080-1081 2023-00068 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Requests for Meetings and Registrations for Events and Conferences; Correction, 1042 2023-00030 Commission Fine Commission of Fine Arts NOTICES Meetings, 1060 2023-00022 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Appraisals for Higher-Priced Mortgage Loans, 1107-1108 2023-00065 Financial Management Policies—Interest Rate Risk, 1108-1109 2023-00050 Corporation Corporation for National and Community Service PROPOSED RULES National Service Trust Education Awards, 1021-1035 2022-28125 Drug Drug Enforcement Administration NOTICES Decision and Order: Sohail Mamdani, M.D., 1099-1103 2023-00006 Sualeh Ashraf, M.D., 1095-1098 2023-00011 Valerie L. Augustus, M.D., 1098-1099 2023-00009 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Civil Monetary Penalty Inflation Adjustment, 986-990 2022-28611 Pesticide Tolerance;
Exemptions, Petitions, Revocations, etc.: Extract of Caesalpinia Spinosa, 990-993 2023-00017 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 1069 2023-00019 Federal Aviation Federal Aviation Administration RULES Civil Penalty Amounts, 1114-1132 2022-28580 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1105-1106 2023-00040 Federal Communications Federal Communications Commission PROPOSED RULES Requests to Allow the Use of E-Rate Funds for Advanced or Next-Generation Firewalls and Other Network Security Services, 1035-1037 2022-28657 Television Broadcasting Services:
Lufkin, TX, 1038 2022-28332 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1069-1072 2023-00055 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 1081-1087 2023-00076 2023-00079 2023-00083 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 1061-1063 2023-00018 2023-00020 Request under Blanket Authorization: Columbia Gas Transmission, LLC, 1060-1061, 1063-1064, 1066-1067 2023-00057 2023-00060 2023-00061 Northern Natural Gas Co., 1064-1066 2023-00059 WBI Energy Transmission, Inc., 1067-1069 2023-00058 Federal Motor Federal Motor Carrier Safety Administration RULES Civil Penalty Amounts, 1114-1132 2022-28580 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Hazardous Material Safety Permits, 1106-1107 2023-00016 Federal Railroad Federal Railroad Administration RULES Civil Penalty Amounts, 1114-1132 2022-28580 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 1072-1073 2023-00067 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 1072 2023-00066 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 1073 2023-00064 Food and Drug Food and Drug Administration RULES Medical Devices:
Cardiovascular Devices: Classification of the Hardware and Software for Optical Camera-Based Measurement of Pulse Rate, Heart Rate, Breathing Rate, and/or Respiratory Rate, 975-977 2023-00010 Ear, Nose, and Throat Devices: Classification of the Powered Insertion System for a Cochlear Implant Electrode Array, 977-979 2023-00008 Orthopedic Devices: Classification of the Resorbable Shoulder Spacer, 979-981 2023-00012 Physical Medicine Devices: Classification of the Electroencephalography-Driven Upper Extremity Powered Exerciser, 981-983 2023-00007 Physical Medicine Devices:
Classification of the Virtual Reality Behavioral Therapy Device for Pain Relief, 983-985 2023-00014 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Biological Products: Reporting of Biological Product Deviations and Human Cells, Tissues, and Cellular and Tissue-Based Product Deviations in Manufacturing, 1074-1075 2023-00013 Designated New Animal Drugs for Minor Use and Minor Species, 1076-1077 2023-00015 Food and Nutrition Food and Nutrition Service NOTICES Summer Food Service Program; 2023 Reimbursement Rates, 1039-1042 2023-00002 General Services General Services Administration NOTICES Meetings:
Office of Shared Solutions and Performance Improvement; Chief Data Officers Council, 1073-1074 2023-00054 Saint Lawrence Great Lakes St. Lawrence Seaway Development Corporation RULES Civil Penalty Amounts, 1114-1132 2022-28580 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: 2025 Dietary Guidelines Advisory Committee and Request for Comments;
Correction, 1078 2023-00028 Health Resources Health Resources and Services Administration NOTICES DoNation Campaign Collaboration Projects, 1077-1078 2023-00063 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Housing Operating Fund Program: Operating Budget and Related Form, 1089-1090 2023-00038 Single Family Premium Collections Subsystem-Upfront, 1088-1089 2023-00049 Uniform Physical Standards and Physical Inspection Requirements, 1090 2023-00039 Interior Interior Department See Land Management Bureau See National Indian Gaming Commission See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Barium Chloride from India, 1044-1046 2023-00086 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China, 1046-1050 2023-00069 Sodium Nitrite from India, 1042-1044 2023-00073 Determination of Sales at Less Than Fair Value: Barium Chloride from India, 1050-1052 2023-00085 Sodium Nitrite from India, 1052-1053 2023-00072 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Gas Powered Pressure Washers from China and Vietnam, 1093-1094 2022-28667 Meetings; Sunshine Act, 1094-1095 2023-00196 Justice Department Justice Department See Drug Enforcement Administration PROPOSED RULES Privacy Act Regulations, 1012-1021 2022-27960 Labor Department Labor Department See Workers Compensation Programs Office Land Land Management Bureau NOTICES Temporary Closure of Public Lands: Taos County, NM, 1090-1091 2023-00048 Maritime Maritime Administration RULES Civil Penalty Amounts, 1114-1132 2022-28580 National Highway National Highway Traffic Safety Administration RULES Civil Penalty Amounts, 1114-1132 2022-28580 National Indian National Indian Gaming Commission NOTICES Approved Class III Tribal Gaming Ordinance, 1091-1092 2023-00078 2023-00082 National Institute National Institute of Standards and Technology NOTICES Meetings:
National Artificial Intelligence Advisory Committee, 1053-1054 2023-00026 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 1078, 1080 2023-00034 2023-00035 National Center for Complementary and Integrative Health, 1079 2023-00036 National Eye Institute, 1079-1080 2023-00031 2023-00032 National Institute of Nursing Research, 1079 2023-00033 National Oceanic National Oceanic and Atmospheric Administration RULES National Marine Sanctuary Regulations, 953-973 2022-28225 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Weather Service Extreme Heat Social and Behavioral Sciences Research, 1058-1059 2023-00051 Northwest Region, Pacific Coast Groundfish Fishery: Trawl Rationalization Cost Recovery Program, 1055-1056 2023-00023 South Pacific Tuna Act, 1056-1057 2023-00027 The Ocean Enterprise: A Study of US Business Activity in Ocean Measurement, Observation and Forecasting, 1054-1055 2023-00024 West Coast Region Groundfish Electronic Fish Ticket Program, 1059-1060 2023-00052 Meetings:
Evaluation of American Samoa Coastal Management Program, 1057-1058 2023-00075 Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 1054 2023-00087 New England Fishery Management Council, 1055, 1059 2023-00088 2023-00089 North Pacific Fishery Management Council, 1057 2023-00084 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 1092-1093 2023-00029 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. 6, 949-953 2022-28633 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. 6, 1010-1012 2022-28634 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Civil Penalty Amounts, 1114-1132 2022-28580 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 1103-1104 2023-00046 State Department State Department NOTICES Delegation of Authority:
Under Secretary John R. Bass, 1104 2023-00095 Meetings: Advisory Committee on Historical Diplomatic Documentation, 1104 2023-00047 Surface Transportation Surface Transportation Board NOTICES Exemption: Corporate Family Transaction; Genesee and Wyoming, Inc., 1105 2023-00056 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Great Lakes St. Lawrence Seaway Development Corporation See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration RULES Civil Penalty Amounts, 1114-1132 2022-28580 Treasury Treasury Department See Comptroller of the Currency U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Relief under Former Section 212(c) of the Immigration and Nationality Act, 1087-1088 2023-00004 Veteran Affairs Veterans Affairs Department RULES Federal Civil Penalties Inflation Adjustment, 985-986 2022-28481 NOTICES Veterans and Survivors Pension and Parents' Dependency and Indemnity Compensation Cost of Living Adjustments Effective December 1, 2022, 1109-1111 2023-00070 Workers' Workers Compensation Programs Office RULES Claims for Compensation under the Federal Employees' Compensation Act, 974-975 2022-28619 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 1114-1132 2022-28580 Transportation Department, Federal Motor Carrier Safety Administration, 1114-1132 2022-28580 Transportation Department, Federal Railroad Administration, 1114-1132 2022-28580 Transportation Department, Great Lakes St.
Lawrence Seaway Development Corporation, 1114-1132 2022-28580 Transportation Department, Maritime Administration, 1114-1132 2022-28580 Transportation Department, National Highway Traffic Safety Administration, 1114-1132 2022-28580 Transportation Department, Pipeline and Hazardous Materials Safety Administration, 1114-1132 2022-28580 Transportation Department, 1114-1132 2022-28580 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. 88 4 Friday, January 6, 2023 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2022-0181] RIN 3150-AK88 List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 6 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 Storage Module Flood/Wind (HI-STORM FW) Multipurpose Canister Storage System listing within the “List of approved spent fuel storage casks” to include Amendment No. 6 to Certificate of Compliance No. 1032. Amendment No. 6 revises and clarifies design and operational requirements in the certificate of compliance for the HI-STORM FW overpack. This amendment also incorporates additional clarifications as well as editorial changes that do not change the substantive technical information of the certificate of compliance. DATES: This direct final rule is effective March 22, 2023 unless significant adverse comments are received by February 6, 2023. 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: Submit your comments, identified by Docket ID NRC-2022-0181, at *https://www.regulations.gov.* If your material cannot be submitted using *https://www.regulations.gov,* call or email the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. 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: Norma Garcia Santos, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6999, email: *Norma.GarciaSantos@nrc.gov* and Gregory Trussell, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-6244, email: *Gregory.Trussell@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-2022-0181 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-2022-0181. Address questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, email: *Dawn.Forder@nrc.gov.* For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly available documents online in the ADAMS Public Documents collection at *https://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room
(PDR)reference staff at 1-800-397-4209, 301-415-4737, or by email to *PDR.Resource@nrc.gov.* For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the “Availability of Documents” section. • *NRC's PDR:* You may examine and purchase copies of public documents, by appointment, at the NRC's PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to *PDR.Resource@nrc.gov* or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. eastern time, Monday through Friday, except Federal holidays. B. Submitting Comments Please include Docket ID NRC-2022-0181 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website at *https://www.regulations.gov.* If your material cannot be submitted using *https://www.regulations.gov,* call or email the individual or individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. 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. 6 to Certificate of Compliance No. 1032 and does not include other aspects of the Holtec International Storage Multipurpose Flood/Wind (HI-STORM FW or Holtec International HI-STORM FW) Cask System design. The NRC is using the “direct final rule procedure” to issue this amendment because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial. Adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on March 22, 2023. However, if the NRC receives any significant adverse comment on this direct final rule by February 6, 2023, 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** or as otherwise appropriate. In general, 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, states 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 28, 2011 (76 FR 17019), that approved the Holtec International HI-STORM FW System design 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. 1032. IV. Discussion of Changes By letter dated October 2, 2019, and supplemented on June 30, 2020, December 21, 2020, August 2, 2021, and November 29, 2021, Holtec International submitted a request to amend Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind Multipurpose Canister Storage System. Amendment No. 6 revises the certificate and technical specifications as follows: • add anchored configuration for the HI-STORM FW overpack; • allow use of non-single failure proof lifting equipment during handling of heavy loads within the 10 CFR part 72 jurisdictional boundary; • revise LCO 3.1.2, “SFSC Heat Removal System Operability,” to allow an engineering evaluation to be performed in lieu of transferring the multipurpose canister
(MPC)into a transfer cask; • revise the Radioactive Effluent Control Program to no longer require annual submittal of a separate radioactive effluent report [10 CFR 72.44(d)(3)] for the HI-STORM FW system; • revise the allowable contents for the MPC-37, -89, and -32ML to clarify fuel debris requirements permitted for storage; • revise the MPC-37, -89, and -32ML basket design features to clarify that the minimum cell ID and minimum cell wall thickness are nominal dimensions; and • incorporate additional clarifications and editorial changes that do not substantively change the technical information of the certificate of compliance. 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. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 6 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 HI-STORM FW Cask System 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 HI-STORM FW Cask Systems that meet the criteria of Amendment No. 6 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 HI-STORM FW Cask 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 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. 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 on the basis of this environmental assessment. A. The Action The action is to amend § 72.214 to revise the HI-STORM FW Cask System design listing within the “List of approved spent fuel storage casks” to include Amendment No. 6 to Certificate of Compliance No. 1032. B. The Need for the Action This direct final rule amends the certificate of compliance for the HI-STORM FW Cask 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. 6 revises the certificate of compliance as described in Section IV, “Discussion of Changes,” of this document, for the use of the HI-STORM FW Cask System. 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 this Amendment No. 6 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 HI-STORM FW Cask 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. 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. 6 would remain well within the 10 CFR part 20 limits. The NRC has also determined that the design of the cask as modified by this rule would maintain confinement, shielding, and criticality control in the event of an accident. Therefore, the proposed 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. 6 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the HI-STORM FW Cask System in accordance with the changes described in proposed Amendment No. 6 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. 6 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, “List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 6,” 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 HI-STORM FW Cask System design by adding it to the list of NRC-approved cask designs in § 72.214. By letter dated October 2, 2019, and supplemented on June 30, 2020, December 21, 2020, August 2, 2021, and November 29, 2021, Holtec International submitted a request to amend Certificate of Compliance No. 1032 for the HI-STORM FW Cask System as described in Section IV, “Discussion of Changes,” of this document. The alternative to this action is to withhold approval of Amendment No. 6 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the HI-STORM FW Cask System under the changes described in Amendment No. 6 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. 1032 for the HI-STORM FW Cask System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 6 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 6 to Certificate of Compliance No. 1032 for the HI-STORM FW Cask System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 6 applies only to new casks fabricated and used under Amendment No. 6. These changes do not affect existing users of the HI-STORM FW Cask System, and the current Amendments Nos. 0 to 5 and 8 continue to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 6, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 6 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 as indicated. Document ADAMS accession No./ web link/ Federal Register citation Submission of a Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1032, October 2, 2019 ML19282C357 (package). Holtec Responses to HI-STORM FW Amd. 6 Requests for Supplemental Information, June 30, 2020 ML20182A860 (package). Holtec Responses to HI-STORM FW Amd. 6 Requests for Additional Information, December 21, 2020 ML20356A328. Supplemental Responses to HI-STORM FW Amd. 6 Requests for Additional Information, August 2, 2021 ML21214A130 (package). Holtec International Revised Supplemental Responses for HI-STORM FW Amd. 6 Requests for Additional Information, November 29, 2021 ML21333A137 (package). Certificate of Compliance No. 1032 Amendment No. 6 Preliminary Safety Evaluation Report ML22145A411. Draft Certificate of Compliance No. 1032 Amendment No. 6 ML22145A408. Proposed Certificate of Compliance No. 1032 Amendment No. 6 Technical Specifications, Appendix A ML22145A409. Proposed Certificate of Compliance No. 1032 Amendment No. 6 Approved Contents and Design Features, Appendix B ML22145A410. User Need Memorandum for Rulemaking for the HI-STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 6 ML22145A407. 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-2022-0181. In addition, the Federal rulemaking website allows members of the public to receive alerts when changes or additions occur in a docket folder. To subscribe:
(1)navigate to the docket folder (NRC-2022-0181),
(2)click the “Subscribe” link, and
(3)enter an email address and click on the “Subscribe” link. 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, revise Certificate of Compliance No. 1032 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. *Amendment Number 6 Effective Date:* March 22, 2023. *Amendment Number 7* [Reserved] *Amendment Number 8 Effective Date:* October 11, 2022. *SAR Submitted by:* Holtec International. *SAR Title:* Final Safety Analysis Report for the HI-STORM FW System. *Docket Number:* 72-1032. *Certificate Expiration Date:* June 12, 2031. *Model Number:* HI-STORM FW MPC-37, MPC-89. Dated: December 21, 2022. For the Nuclear Regulatory Commission. Daniel H. Dorman, Executive Director for Operations. [FR Doc. 2022-28633 Filed 1-5-23; 8:45 am]
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