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]

Download as PDF 23904 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. Jkt 250001 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 jbell on DSKJLSW7X2PROD with RULES 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). ■ PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\30APR1.SGM 30APR1 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 jbell on DSKJLSW7X2PROD with RULES 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. VerDate Sep<11>2014 16:15 Apr 29, 2020 Jkt 250001 • 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 23905 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 E:\FR\FM\30APR1.SGM 30APR1 23906 Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:15 Apr 29, 2020 Jkt 250001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 E:\FR\FM\30APR1.SGM 30APR1 Federal Register / Vol. 85, No. 84 / Thursday, April 30, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 16:15 Apr 29, 2020 Jkt 250001 23907 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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 E:\FR\FM\30APR1.SGM 30APR1 23908 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 17:05 Apr 29, 2020 Jkt 250001 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, E:\FR\FM\30APR1.SGM 30APR1 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. VerDate Sep<11>2014 16:15 Apr 29, 2020 Jkt 250001 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 E:\FR\FM\30APR1.SGM 30APR1

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]


=======================================================================
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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]
 BILLING CODE 7590-01-P