List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 4, 23904-23909 [2020-08349]
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Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Rules and Regulations
605(b), a Regulatory Flexibility Analysis
is not required for this final rule because
the Department was not required to
publish a general notice of proposed
rulemaking for this regulatory
amendment.
F. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1535.
This rule is not a major rule as
defined by the Congressional Review
Act of 1996, 5 U.S.C. 804.
8 CFR Part 1208
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
4. In § 1209.2, remove the date
‘‘January 1, 2015’’ and add in its place
the date ‘‘January 1, 2030’’ in paragraph
(a)(3).
Authority: 8 U.S.C. 1101 and note, 1102,
1103, 1182 and note, 1184, 1187, 1223, 1225,
1226, 1227, 1255; 8 U.S.C. 1185 note (section
7209 of Pub. L. 108–458); Title VII of Pub.
L. 110–229; Pub. L. 115–218.
8 CFR Part 1212
§ 1212.1
Administrative practice and
procedure, Aliens, Immigration,
Passports and visas, Reporting and
recordkeeping requirements.
PART 1235—INSPECTION OF
PERSONS APPLYING FOR ADMISSION
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
PART 1208—PROCEDURES FOR
ASYLUM AND WITHHOLDING OF
REMOVAL
1. The authority citation for part 1208
is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1158,
1226, 1252, 1282; Title VII of Pub. L. 110–
229; Pub. L. 115–218.
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7. The authority citation for part 1235
is revised to read as follows:
■
Accordingly, the Attorney General
amends 8 CFR parts 1208, 1209, 1212,
and 1235 as follows:
■
[Amended]
6. In § 1212.1, remove the date
‘‘January 1, 2015’’ and add in its place
the date ‘‘January 1, 2030’’ wherever it
appears in paragraphs (q)(8)(i)(A) and
(q)(8)(ii)(A).
■
8 CFR Part 1235
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2019–0250]
RIN 3150–AK41
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
Flood/Wind Multipurpose Canister
Storage System, Certificate of
Compliance No. 1032, Amendment No.
4
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. 4 to
Certificate of Compliance No. 1032.
Amendment No. 4 revises the certificate
of compliance to: Add multipurpose
canister (MPC)–32ML for storage and
allow the fuel assembly class 16x16D as
content for MPC–32ML; add the fuel
assembly class 16X16E as content for
MPC–37; and make changes to the final
safety analysis report to separate the
design pressure for the short-term
operation from the off-normal condition
(to provide clarity in Table 2.2.1), add
cautionary notes to Sections 9.2.1 and
9.2.3, update a definition, and replace a
test program. 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 14, 2020, unless significant adverse
comments are received by June 1, 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.
[Amended]
5. The authority citation for part 1212
is revised to read as follows:
Aliens, Immigration, Refugees.
BILLING CODE 4410–30–P
§ 1209.2
■
8 CFR Part 1209
[FR Doc. 2020–07616 Filed 4–29–20; 8:45 am]
AGENCY:
PART 1212—DOCUMENTARY
REQUIREMENTS; NONIMMIGRANTS;
WAIVERS; ADMISSION OF CERTAIN
INADMISSIBLE ALIENS; PAROLE
List of Subjects
Dated: March 17, 2020.
William P. Barr,
Attorney General.
Authority: 8 U.S.C. 1101, 1103, 1157,
1158, 1159, 1228, 1252, 1282; Title VII of
Pub. L. 110–229; Pub. L. 115–218.
■
H. Congressional Review Act of 1996
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PART 1209—ADJUSTMENT OF
STATUS OF REFUGEES AND ALIENS
GRANTED ASYLUM
3. The authority citation for part 1209
is revised to read as follows:
This final rule does not impose any
new reporting or recordkeeping
requirements under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3521.
16:15 Apr 29, 2020
2. In part 1208, remove the date
‘‘January 1, 2015’’ and add in its place
the date ‘‘January 1, 2030’’ in the
following places:
■ a. Section 1208.1(a)(2) (two
occurrences);
■ b. Section 1208.2(c)(1)(iii), (iv), (vii),
and (viii);
■ c. Section 1208.4(a)(2)(ii) (two
occurrences);
■ d. Section 1208.5(a) and (b)(1)(iii);
■ e. Section 1208.30(a).
■
■
G. Paperwork Reduction Act of 1995
VerDate Sep<11>2014
§§ 1208.1, 1208.2, 1208.4, 1208.5, and
1208.30 [Amended]
Authority: 8 U.S.C. 1101 and note, 1103,
1183, 1185 (pursuant to E.O. 13323, 69 FR
241, 3 CFR, 2003 Comp., p. 278), 1201, 1224,
1225, 1226, 1228, 1365a note, 1379, 1731–32;
Title VII of Pub. L. 110–229; 8 U.S.C. 1185
note (section 7209 of Pub. L. 108–458);
Public Law 115–218.
§ 1235.6
[Amended]
8. In § 1235.6, remove the date
‘‘January 1, 2015’’ and add in its place
the date ‘‘January 1, 2030’’ in
paragraphs (a)(1)(ii) and (iii).
■
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Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Rules and Regulations
You may submit comments
by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0250. 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: YenJu 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:
ADDRESSES:
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
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2019–
0250 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0250.
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16:15 Apr 29, 2020
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• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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–2019–
0250 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 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. 4 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 change to an existing certificate
of compliance that is expected to be
non-controversial. The NRC has
determined that, with the requested
change, adequate protection of public
health and safety will continue to be
ensured. The amendment to the rule
will become effective on July 14, 2020.
However, if the NRC receives any
significant adverse comment on this
direct final rule by June 1, 2020, then
the NRC will publish a document that
withdraws this action and will
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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-andcomment 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
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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 March 11, 2016, as supplemented
on September 16, 2016, January 31,
2017, April 27, 2018, July 27, 2018,
April 12, 2019, June 11, 2019, and July
5, 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. 4 revises the certificate of
compliance as follows:
1. Adds multipurpose canister (MPC)32ML for storage in the HI–STORM
flood/wind system and allows fuel
assembly class 16x16D as content for
MPC–32ML.
2. Adds fuel assembly class 16x16E as
content for MPC–37.
3. Separates the design pressure for
the short-term operation from the offnormal condition to provide clarity in
Table 2.2.1 of the final safety analysis
report (FSAR).
4. Adds a cautionary note in FSAR
Section 9.2.1 that states fuel cladding is
not exposed to air during loading
operations.
5. Updates the definition of
‘‘undamaged fuel assembly’’ in the
FSAR Glossary to be aligned with the
definition in Appendix A and Table
2.1.3 of the FSAR (Note 14).
6. Replaces the Charpy test program
with the fracture toughness test program
from the revised Metamic-HT
Sourcebook in FSAR Sections 1.2.1.4.1
and 3.4.
7. Adds a cautionary note in FSAR
Section 9.2.3 that states low-enriched
fuel must be shown to be without
known or suspected grossly breached
rods.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety evaluation of the
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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. 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 staff has 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. 4 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
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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. 4 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
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sites in casks with the approved
modifications under a general license.
Specifically, Amendment No. 4 revises
the certificate of compliance to: Add
multipurpose canister (MPC)–32ML for
storage and allow the fuel assembly
class 16x16D as content for MPC–32ML;
add the fuel assembly class 16X16E as
content for MPC–37; and make changes
to the final safety analysis report to
separate the design pressure for the
short-term operation from the offnormal condition (to provide clarity in
Table 2.2.1), add cautionary notes to
Sections 9.2.1 and 9.2.3, update a
definition, and replace a test program.
C. Environmental Impacts of the Action
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.
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. The NRC has also
determined that the design of the cask
as modified by this rule would still
prevent loss of 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 staff’s finding in the
environmental assessment supporting
the July 18, 1990, final rule that the
environmental impacts would not be
significant. Therefore, the NRC
concludes that 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
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accidents. The NRC documented its
safety findings in the preliminary safety
evaluation report.
information were approved by the
Office of Management and Budget,
approval number 3150–0132.
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 Flood/Wind
Multipurpose 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.
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.
E. Alternative Use of Resources
Approval of Amendment No. 4 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 National Environmental
Policy Act of 1969, as amended, and the
NRC’s regulations in 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. 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
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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 March 11, 2016, as supplemented
on September 16, 2016, January 31,
2017, April 27, 2018, July 27, 2018,
April 12, 2019, June 11, 2019, and July
5, 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. 4
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
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Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Rules and Regulations
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, 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. 4
previously described, as set forth in the
revised certificate of compliance and
technical specifications.
Amendment No. 4 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. 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 Flood/Wind Multipurpose
Canister Storage System, and the current
Amendment No. 3 continues to be
effective for existing users. While
current 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 current
users.
For these reasons, Amendment No. 4
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.
ADAMS Accession No./web link/
Federal Register citation
Document
jbell on DSKJLSW7X2PROD with RULES
Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment Request 1032–4 dated March 11, 2016.
Holtec International—Transmittal of Amendment 4 Response to Request for Supplemental Information
dated September 16, 2016.
Holtec International—HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 4
Supplemental Response to Request for Supplemental Information dated January 31, 2017.
Holtec International—HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 4 Response to Request for Additional Information dated April 27, 2018.
Supplement to HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 4 Requests
for Additional Information Responses dated July 27, 2018.
Holtec International—HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 4 Response to Second Request for Additional Information dated April 12, 2019.
Supplement to HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 4 Second
Round Request for Additional Information Response dated June 11, 2019.
Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment 4 Second Supplement to 2nd Round Requests for Additional Information dated July 5, 2019.
Memorandum to J. Cai re: User Need for Rulemaking for the Holtec International HI–STORM FloodWind Multipurpose Canister Storage System, Amendment No. 4 dated December 20, 2019.
Proposed Certificate of Compliance 1032 Amendment No. 4 [Memorandum to J. Cai re: User Need for
Rulemaking for the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 4].
Proposed Certificate of Compliance 1032 Amendment No. 4 Appendix A [Memorandum to J. Cai re:
User Need for Rulemaking for the Holtec International HI–STORM Flood/Wind Multipurpose Canister
Storage System, Amendment No. 4].
Proposed Certificate of Compliance 1032 Amendment No. 4 Appendix B [Memorandum to J. Cai re:
User Need for Rulemaking for the Holtec International HI–STORM Flood/Wind Multipurpose Canister
Storage System, Amendment No. 4].
Preliminary Certificate of Compliance 1032 Amendment No. 4 Safety Evaluation Report [Memorandum
to J. Cai re: User Need for Rulemaking for the Holtec International HI–STORM Flood/Wind Multipurpose Canister Storage System, Amendment No. 4].
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2019–0250. The
Federal Rulemaking website allows you
VerDate Sep<11>2014
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to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder NRC–2019–0250; (2) click the
‘‘Sign up for Email Alerts’’ link; and (3)
enter your email address and select how
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
ML16190A158 (package).
ML16265A519 (package).
ML17032A414 (package).
ML18117A471 (package).
ML18208A636 (package).
ML19109A181.
ML19162A102 (package).
ML19186A209 (package).
ML19158A272.
ML19158A273.
ML19158A274.
ML19158A275.
ML19158A276.
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,
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Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Rules and Regulations
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:
Dated this 7th day of April, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020–08349 Filed 4–29–20; 8:45 am]
Uduak Essien, Director—Credit Markets,
(703) 518–6399, Office of Examination
and Insurance
Legal information:
Gira Bose, Staff Attorney, (703) 518–
6562, Office of General Counsel
National Credit Union Administration,
1775 Duke Street, Alexandria, VA
22314.
SUPPLEMENTARY INFORMATION:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
NATIONAL CREDIT UNION
ADMINISTRATION
I. Introduction
II. Final Rule
III. Legal Authority
IV. Discussion of Public Comments Received
on the Proposed Rule
V. Effective Date
VI. Regulatory Procedures
12 CFR Part 722
I. Introduction
1. The authority citation for part 72
continues to read as follows:
AGENCY:
■
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.
*
jbell on DSKJLSW7X2PROD with RULES
Docket Number: 72–1032.
Certificate Expiration Date: June 12,
2031.
Model Number: HI–STORM FW
MPC–37, MPC–89.
23909
*
*
*
*
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.
SAR Submitted by: Holtec
International, Inc.
SAR Title: Final Safety Analysis
Report for the Holtec International HI–
STORM FW System.
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BILLING CODE 7590–01–P
A. Background
RIN 3133–AE98
Real Estate Appraisals
National Credit Union
Administration (NCUA).
ACTION: Final rule.
SUMMARY: The NCUA Board (Board) is
amending the agency’s regulation
requiring appraisals for certain
residential real-estate related
transactions. The final rule increases the
threshold level below which appraisals
are not required for residential realestate related transactions from
$250,000 to $400,000. Instead of an
appraisal, and consistent with the
requirement for other transactions that
fall below applicable appraisal
thresholds, federally insured credit
unions (FICUs) are required to obtain
written estimates of market value of the
real estate collateral consistent with safe
and sound practices. For ease of
reference, this final rule explicitly
incorporates the existing statutory
requirement that appraisals be subject to
appropriate review for compliance with
the Uniform Standards of Professional
Appraisal Practice (USPAP). This final
rule is consistent with the final rule,
effective October 9, 2019, issued by the
Board of Governors of the Federal
Reserve System, the Federal Deposit
Insurance Corporation, and the Office of
the Comptroller of the Currency (federal
banking agencies) that increases the
threshold level at or below which
appraisals are not required for
residential real estate transactions from
$250,000 to $400,000.
DATES: The final rule is effective April
30, 2020.
FOR FURTHER INFORMATION CONTACT:
Technical information:
Kenneth Acun˜a, Senior Credit
Specialist, (703) 518–6613, Office of
Examination and Insurance
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
In November 2019, the Board invited
comment on a notice of proposed
rulemaking 1 (proposal or proposed rule)
that would amend the NCUA’s appraisal
regulation promulgated pursuant to
Title XI of the Financial Institutions
Reform, Recovery, and Enforcement Act
of 1989 (Title XI).2 Specifically, the
proposed rule would increase the
monetary threshold below which FICUs
would not be required to obtain
appraisals in connection with
residential real estate transactions from
$250,000 to $400,000. Instead of an
appraisal, and consistent with the
requirement for other transactions that
fall below applicable appraisal
thresholds, the proposal would require
FICUs to obtain written estimates of
market value of the real estate collateral
consistent with safe and sound
practices. In addition, the proposed rule
would amend the agency’s appraisal
regulation to explicitly incorporate the
existing statutory requirement that
appraisals be subject to appropriate
review for compliance with the Uniform
Standards of Professional Appraisal
Practice (USPAP), as required by section
1473(e) of the Dodd Frank Wall Street
Reform and Consumer Protection Act
(the Dodd Frank Act).3
B. Summary of Proposed Rule
As noted in the proposed rule, the
price of residential real estate has
increased over time, but the residential
appraisal threshold has not been
adjusted since 2001.4 Further, the Board
estimated under the proposal, the
percentage of transactions exempted
from the appraisal requirement would
1 84
FR 65707 (Nov. 29, 2019).
U.S.C. 3331 et seq.
3 Public Law 111–203, 124 Stat. 1376, codified at
12 U.S.C. 3339(3).
4 66 FR 58656 (Nov. 23, 2001). The rule was
effective March 1, 2002.
2 12
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Agencies
[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Rules and Regulations]
[Pages 23904-23909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08349]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0250]
RIN 3150-AK41
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate
of Compliance No. 1032, 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 Flood/Wind Multipurpose Canister Storage System listing within
the ``List of approved spent fuel storage casks'' to include Amendment
No. 4 to Certificate of Compliance No. 1032. Amendment No. 4 revises
the certificate of compliance to: Add multipurpose canister (MPC)-32ML
for storage and allow the fuel assembly class 16x16D as content for
MPC-32ML; add the fuel assembly class 16X16E as content for MPC-37; and
make changes to the final safety analysis report to separate the design
pressure for the short-term operation from the off-normal condition (to
provide clarity in Table 2.2.1), add cautionary notes to Sections 9.2.1
and 9.2.3, update a definition, and replace a test program. 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 14, 2020, unless
significant adverse comments are received by June 1, 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.
[[Page 23905]]
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0250. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. 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: [email protected] or Vanessa Cox, Office of Nuclear Material Safety and
Safeguards; telephone: 301-415-8342; email: [email protected]. 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-2019-0250 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0250.
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 [email protected]. 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-2019-0250 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 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. 4 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
change to an existing certificate of compliance that is expected to be
non-controversial. The NRC has determined that, with the requested
change, adequate protection of public health and safety will continue
to be ensured. The amendment to the rule will become effective on July
14, 2020. However, if the NRC receives any significant adverse comment
on this direct final rule by June 1, 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
[[Page 23906]]
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 Sec. 72.214 as
Certificate of Compliance No. 1032.
IV. Discussion of Changes
On March 11, 2016, as supplemented on September 16, 2016, January
31, 2017, April 27, 2018, July 27, 2018, April 12, 2019, June 11, 2019,
and July 5, 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. 4 revises the
certificate of compliance as follows:
1. Adds multipurpose canister (MPC)-32ML for storage in the HI-
STORM flood/wind system and allows fuel assembly class 16x16D as
content for MPC-32ML.
2. Adds fuel assembly class 16x16E as content for MPC-37.
3. Separates the design pressure for the short-term operation from
the off-normal condition to provide clarity in Table 2.2.1 of the final
safety analysis report (FSAR).
4. Adds a cautionary note in FSAR Section 9.2.1 that states fuel
cladding is not exposed to air during loading operations.
5. Updates the definition of ``undamaged fuel assembly'' in the
FSAR Glossary to be aligned with the definition in Appendix A and Table
2.1.3 of the FSAR (Note 14).
6. Replaces the Charpy test program with the fracture toughness
test program from the revised Metamic-HT Sourcebook in FSAR Sections
1.2.1.4.1 and 3.4.
7. Adds a cautionary note in FSAR Section 9.2.3 that states low-
enriched fuel must be shown to be without known or suspected grossly
breached rods.
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. 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 staff has 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 Sec. 72.210 may, consistent with the
license conditions under Sec. 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. 4 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 Sec. 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 Sec. 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. 4 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
[[Page 23907]]
sites in casks with the approved modifications under a general license.
Specifically, Amendment No. 4 revises the certificate of compliance to:
Add multipurpose canister (MPC)-32ML for storage and allow the fuel
assembly class 16x16D as content for MPC-32ML; add the fuel assembly
class 16X16E as content for MPC-37; and make changes to the final
safety analysis report to separate the design pressure for the short-
term operation from the off-normal condition (to provide clarity in
Table 2.2.1), add cautionary notes to Sections 9.2.1 and 9.2.3, update
a definition, and replace a test program.
C. Environmental Impacts of the Action
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.
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. The NRC has also determined that the
design of the cask as modified by this rule would still prevent loss of
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
staff's finding in the environmental assessment supporting the July 18,
1990, final rule that the environmental impacts would not be
significant. Therefore, the NRC concludes that 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 Flood/Wind Multipurpose Canister Storage System
in accordance with the changes described in proposed Amendment No. 4
would have to request an exemption from the requirements of Sec. Sec.
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. 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 National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in 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. 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 (Sec.
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 Sec. 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 Sec. 72.214.
On March 11, 2016, as supplemented on September 16, 2016, January
31, 2017, April 27, 2018, July 27, 2018, April 12, 2019, June 11, 2019,
and July 5, 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. 4 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
[[Page 23908]]
Amendment No. 4 to request an exemption from the requirements of
Sec. Sec. 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 (Sec. 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 Sec. 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. 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. 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 Flood/Wind Multipurpose Canister Storage
System, and the current Amendment No. 3 continues to be effective for
existing users. While current 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 current users.
For these reasons, Amendment No. 4 to Certificate of Compliance No.
1032 does not constitute backfitting under Sec. 72.62 or Sec.
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.
------------------------------------------------------------------------
ADAMS Accession No./
Document web link/ Federal
Register citation
------------------------------------------------------------------------
Holtec International HI-STORM Flood/Wind ML16190A158 (package).
Multipurpose Canister Storage System, Amendment
Request 1032-4 dated March 11, 2016.
Holtec International--Transmittal of Amendment 4 ML16265A519 (package).
Response to Request for Supplemental
Information dated September 16, 2016.
Holtec International--HI-STORM Flood/Wind ML17032A414 (package).
Multipurpose Canister Storage System, Amendment
4 Supplemental Response to Request for
Supplemental Information dated January 31, 2017.
Holtec International--HI-STORM Flood/Wind ML18117A471 (package).
Multipurpose Canister Storage System, Amendment
4 Response to Request for Additional
Information dated April 27, 2018.
Supplement to HI-STORM Flood/Wind Multipurpose ML18208A636 (package).
Canister Storage System, Amendment 4 Requests
for Additional Information Responses dated July
27, 2018.
Holtec International--HI-STORM Flood/Wind ML19109A181.
Multipurpose Canister Storage System, Amendment
4 Response to Second Request for Additional
Information dated April 12, 2019.
Supplement to HI-STORM Flood/Wind Multipurpose ML19162A102 (package).
Canister Storage System, Amendment 4 Second
Round Request for Additional Information
Response dated June 11, 2019.
Holtec International HI-STORM Flood/Wind ML19186A209 (package).
Multipurpose Canister Storage System, Amendment
4 Second Supplement to 2nd Round Requests for
Additional Information dated July 5, 2019.
Memorandum to J. Cai re: User Need for ML19158A272.
Rulemaking for the Holtec International HI-
STORM Flood-Wind Multipurpose Canister Storage
System, Amendment No. 4 dated December 20, 2019.
Proposed Certificate of Compliance 1032 ML19158A273.
Amendment No. 4 [Memorandum to J. Cai re: User
Need for Rulemaking for the Holtec
International HI-STORM Flood/Wind Multipurpose
Canister Storage System, Amendment No. 4].
Proposed Certificate of Compliance 1032 ML19158A274.
Amendment No. 4 Appendix A [Memorandum to J.
Cai re: User Need for Rulemaking for the Holtec
International HI-STORM Flood/Wind Multipurpose
Canister Storage System, Amendment No. 4].
Proposed Certificate of Compliance 1032 ML19158A275.
Amendment No. 4 Appendix B [Memorandum to J.
Cai re: User Need for Rulemaking for the Holtec
International HI-STORM Flood/Wind Multipurpose
Canister Storage System, Amendment No. 4].
Preliminary Certificate of Compliance 1032 ML19158A276.
Amendment No. 4 Safety Evaluation Report
[Memorandum to J. Cai re: User Need for
Rulemaking for the Holtec International HI-
STORM Flood/Wind Multipurpose Canister Storage
System, Amendment No. 4].
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2019-0250. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder NRC-2019-0250; (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,
[[Page 23909]]
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
0
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.
0
2. In Sec. 72.214, Certificate of Compliance No. 1032 is revised to
read as follows:
Sec. 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.
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 7th day of April, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-08349 Filed 4-29-20; 8:45 am]
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