List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 4, 71223-71227 [2020-24320]

Download as PDF 71223 Rules and Regulations Federal Register Vol. 85, No. 217 Monday, November 9, 2020 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2020–0179] RIN 3150–AK51 List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 4 Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Holtec International HI– STORM UMAX Canister Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 4 to Certificate of Compliance No. 1040. Amendment No. 4 revises the certificate of compliance to update the technical specifications for radiation protection regarding the dose rate limit for the vertical ventilated module lid, update the technical specifications for the vent blockage limiting condition for operation, and add a Type 1 version of multi-purpose canister MPC–37. DATES: This direct final rule is effective January 25, 2021, unless significant adverse comments are received by December 9, 2020. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:57 Nov 06, 2020 Jkt 253001 section of this issue of the Federal Register. I. Obtaining Information and Submitting Comments You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0179. Address questions about NRC dockets to Dawn Forder; telephone: 301–415–3407; email: Dawn.Forder@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. A. Obtaining Information Please refer to Docket ID NRC–2020– 0179 when contacting the NRC about the availability of information for this action. You may obtain 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–2020–0179. • 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. • Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at PDR.Resource@nrc.gov or call 1–800–397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Christian J. Jacobs, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–6825; email: Christian.Jacobs@nrc.gov or Gerry L. Stirewalt, Office of Nuclear Material Safety and Safeguards; telephone: 301– 415–3698; email: Gerry.Stirewalt@ nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Impact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 B. Submitting Comments Please include Docket ID NRC–2020– 0179 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information E:\FR\FM\09NOR1.SGM 09NOR1 71224 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Rules and Regulations III. Background khammond on DSKJM1Z7X2PROD with RULES before making the comment submissions available to the public or entering the comment into ADAMS. II. Rulemaking Procedure This rule is limited to the changes contained in Amendment No. 4 to Certificate of Compliance No. 1040 and does not include other aspects of the Holtec International HI–STORM UMAX Canister Storage System cask design. The NRC is using the ‘‘direct final rule procedure’’ to issue this amendment because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial. The NRC has determined that, with the requested changes, adequate protection of public health and safety will continue to be reasonably assured. The amendment to the rule will become effective on January 25, 2021. However, if the NRC receives any significant adverse comments on this direct final rule by December 9, 2020, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. VerDate Sep<11>2014 15:57 Nov 06, 2020 Jkt 253001 Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that ‘‘[t]he Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the Nuclear Waste Policy Act states, in part, that ‘‘[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on March 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25, 2015), that approved the Holtec International HI–STORM UMAX Canister Storage System and added it to the list of NRC-approved cask designs in § 72.214, ‘‘List of approved spent fuel storage casks,’’ as Certificate of Compliance No. 1040. IV. Discussion of Changes On September 28, 2018, Holtec International submitted a request to amend Certificate of Compliance No. 1040 for the HI–STORM UMAX Canister Storage System. Holtec International supplemented its request on the following dates: May 21, 2019; November 1, 2019; December 20, 2019; March 30, 2020; and April 13, 2020. Amendment No. 4 revises the certificate of compliance to (1) update the technical specifications for radiation protection regarding the dose rate limit for the vertical ventilated module lid, (2) update the technical specifications for the vent blockage limiting condition for operation, and (3) add a Type 1 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 version of multi-purpose canister MPC– 37. As documented in the preliminary safety evaluation report, the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that the design of the cask would continue to maintain confinement, shielding, and criticality control in the event of each evaluated accident condition. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 4 would remain well within the limits specified by 10 CFR part 20, ‘‘Standards for Protection Against Radiation.’’ Thus, the NRC found there will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The NRC determined that the amended Holtec International HI– STORM UMAX Canister Storage System cask design, when used under the conditions specified in the certificate of compliance, the technical specifications, and the NRC’s regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be reasonably assured. When this direct final rule becomes effective, persons who hold a general license under § 72.210 may, consistent with license conditions under § 72.212, load spent nuclear fuel into Holtec International HI–STORM UMAX Canister Storage System casks that meet the criteria of Amendment No. 4 to Certificate of Compliance No. 1040. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC revises the Holtec International HI–STORM UMAX Canister Storage System cask design listed in § 72.214, ‘‘List of approved spent fuel storage casks.’’ This action does not constitute the establishment of a standard that E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Rules and Regulations contains generally applicable requirements. VI. Agreement State Compatibility Under the ‘‘Agreement State Program Policy Statement’’ approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility Category NRC—Areas of Exclusive NRC Regulatory Authority. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR chapter I. Therefore, compatibility is not required for program elements in this category. Although an Agreement State may not adopt program elements reserved to the NRC, and the Category ‘‘NRC’’ does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the State’s administrative procedure laws. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31885). khammond on DSKJM1Z7X2PROD with RULES VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRC’s regulations in 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact based on the basis of this environmental assessment. A. The Action The action is to amend § 72.214 by revising the Holtec International HI– STORM UMAX Canister Storage System listing in the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 4 to Certificate of Compliance No. 1040. B. The Need for the Action This direct final rule amends the certificate of compliance for the Holtec VerDate Sep<11>2014 15:57 Nov 06, 2020 Jkt 253001 International HI–STORM UMAX Canister Storage System design within the list of approved spent fuel storage casks to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, Amendment No. 4 revises the certificate of compliance to (1) update the technical specifications for radiation protection regarding the dose rate limit for the vertical ventilated module lid, (2) update the technical specifications for the vent blockage limiting condition for operation, and (3) add a Type 1 version of multi-purpose canister MPC– 37. C. Environmental Impacts of the Action On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for Amendment No. 4 tiers off the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended. The Holtec International HI– STORM UMAX Canister Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, can include tornado winds and tornadogenerated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. The design of the cask would provide confinement, shielding, and criticality control in the event of each evaluated accident condition. If confinement, shielding, and criticality control are maintained, the environmental impacts resulting from an accident would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 4 would remain well within the 10 CFR PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 71225 part 20 limits. Therefore, the proposed certificate of compliance changes will not result in any radiological or nonradiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 4 and not issue the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the Holtec International HI–STORM UMAX Canister Storage System in accordance with the changes described in proposed Amendment No. 4 would have to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. The environmental impacts would be the same as the proposed action. E. Alternative Use of Resources Approval of Amendment No. 4 to Certificate of Compliance No. 1040 would result in no irreversible commitment of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in the National Environmental Policy Act of 1969, as amended, and the NRC’s regulations in subpart A of 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, entitled ‘‘List of Approved Spent Fuel Storage Casks: Holtec International HI–STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Amendment No. 4’’ will not have a significant effect on the human E:\FR\FM\09NOR1.SGM 09NOR1 71226 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Rules and Regulations environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This direct final rule does not contain any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget, approval number 3150–0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid Office of Management and Budget control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec International. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (§ 2.810). XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if (1) it notifies the NRC in advance, (2) the spent fuel is stored under the conditions specified in the cask’s certificate of compliance, and (3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On March 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25, 2015), the NRC issued an amendment to 10 CFR part 72 that approved the Holtec International HI– STORM UMAX Canister Storage System design by adding it to the list of NRCapproved cask designs in § 72.214. On September 28, 2018, and as supplemented on May 21, 2019, November 1, 2019, December 20, 2019, March 30, 2020, and April 13, 2020, Holtec International submitted a request to amend the HI–STORM UMAX Canister Storage System as described in Section IV, ‘‘Discussion of Changes,’’ of this document. The alternative to this action is to withhold approval of Amendment No. 4 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the Holtec International HI–STORM UMAX Canister Storage System under the changes described in Amendment No. 4 to request an exemption from the requirements of §§ 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the preliminary safety evaluation report and environmental assessment, this direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on other government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of this direct final rule are commensurate with the NRC’s responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory; therefore, this action is recommended. XII. Backfitting and Issue Finality The NRC has determined that the backfit rule (§ 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises Certificate of Compliance No. 1040 for the Holtec International HI–STORM UMAX Canister Storage System, as currently listed in § 72.214. The revision consists of the changes in Amendment No. 4 previously described, as set forth in the revised certificate of compliance and technical specifications. Amendment No. 4 to Certificate of Compliance No. 1040 for the Holtec International HI–STORM UMAX Canister Storage System was initiated by Holtec International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 4 applies only to new casks fabricated and used under Amendment No. 4. These changes do not affect existing users of the Holtec International HI–STORM UMAX Canister Storage System, and the current Amendment No. 2 continues to be effective for existing users. Amendment No. 3 to Certificate of Compliance No. 1040 has not been issued. While existing users of this storage system may comply with the new requirements in Amendment No. 4, this would be a voluntary decision on the part of existing users. For these reasons, Amendment No. 4 to Certificate of Compliance No. 1040 does not constitute backfitting under § 72.62 or § 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC has not prepared a backfit analysis for this rulemaking. XIII. Congressional Review Act This direct final rule is not a rule as defined in the Congressional Review Act. XIV. Availability of Documents The documents identified in the following table are available to interested persons as indicated. ADAMS package accession No. khammond on DSKJM1Z7X2PROD with RULES Document Letter from Holtec International to NRC submitting the Amendment No. 4 Request for HI–STORM UMAX Canister Storage System Certificate of Compliance No. 1040, September 28, 2018. Holtec International HI–STORM UMAX Amendment No. 4 Responses to Request for Additional Information, May 21, 2019. Holtec International HI–STORM UMAX Amendment No. 4 Responses to Request for Additional Information, November 1, 2019. Holtec International HI–STORM UMAX Amendment No. 4 Responses to Request for Additional Information, December 20, 2019. Holtec International HI–STORM UMAX Amendment No. 4 Responses to Request for Additional Information, March 30, 2020. VerDate Sep<11>2014 15:57 Nov 06, 2020 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1 ML18285A820. ML19144A140. ML19311C514. ML20002A425. ML20104C014. Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Rules and Regulations ADAMS package accession No. Document Holtec International HI–STORM UMAX Amendment No. 4 Responses to Request for Additional Information, April 13, 2020. User Need Memorandum to J. Cai from J. McKirgan with Proposed Certificate of Compliance No. 1040, Amendment No. 4; Associated Proposed Technical Specifications; and the Preliminary Safety Evaluation Report, July 21, 2020. The NRC may post materials related to this document, including public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC–2020–0179. The Federal Rulemaking website allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC–2020–0179); (2) click the ‘‘Sign up for Email Alerts’’ link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72: 2. In § 72.214, Certificate of Compliance No. 1040 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1040. Initial Certificate Effective Date: April 6, 2015. Amendment Number 1 Effective Date: September 8, 2015. Amendment Number 2 Effective Date: January 9, 2017. Amendment Number 3 [RESERVED] Amendment Number 4 Effective Date: January 25, 2021. SAR Submitted by: Holtec International, Inc. SAR Title: Final Safety Analysis Report for the Holtec International HI– STORM UMAX Canister Storage System. Docket Number: 72–1040. Certificate Expiration Date: April 6, 2035. Model Number: MPC–37, MPC–89. * * * * * Dated October 21, 2020. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2020–24320 Filed 11–6–20; 8:45 am] PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE khammond on DSKJM1Z7X2PROD with RULES 15:57 Nov 06, 2020 Jkt 253001 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 327 Assessments; Corrections 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. VerDate Sep<11>2014 BILLING CODE 7590–01–P RIN 3064–AF64 1. The authority citation for part 72 continues to read as follows: ■ Federal Deposit Insurance Corporation. ACTION: Correcting amendments. AGENCY: The Federal Deposit Insurance Corporation (FDIC) is making technical amendments to its rules governing deposit insurance assessments in two places to conform regulatory text to the text that was adopted by the FDIC Board of Directors (FDIC Board). Due to publishing errors, incorrect text was printed in the Federal Register and the Code of Federal SUMMARY: PO 00000 Frm 00005 71227 Fmt 4700 Sfmt 4700 ML20111A237. ML20161A087. Regulations. The first amendment will conform the value of the weighted charge-off rate for loans secured by nonfarm nonresidential properties that appears in the FDIC’s assessment regulations to the charge-off rate adopted by the FDIC Board. The second amendment will conform a footnote that defines two terms in the descriptions of the counterparty measures for purposes of deposit insurance assessments to the language adopted by the FDIC Board. The technical amendments will not affect assessments previously paid by insured depository institutions (IDIs) or assessments paid by IDIs in the future. DATES: Effective November 9, 2020. FOR FURTHER INFORMATION CONTACT: Daniel Hoople, Senior Financial Economist, Banking and Regulatory Policy Section, Division of Insurance and Research, (202) 898–3835, dhoople@fdic.gov; Nefretete Smith, Counsel, Legal Division, (202) 898– 6851, nefsmith@fdic.gov. SUPPLEMENTARY INFORMATION: I. Technical Amendment Regarding the Loan Mix Index The FDIC assesses all IDIs 1 an amount for deposit insurance equal to the institution’s deposit insurance assessment base multiplied by its riskbased assessment rate.2 On May 20, 2016, the FDIC published a final rule (2016 final rule) that refined the deposit insurance assessment system for established small IDIs.3 Under the 2016 final rule, one of the measures used to calculate the assessment rate of an established small IDI is the loan mix index, a measure of the extent to which an IDI’s total assets include higher-risk categories of loans. This technical amendment corrects the historical weighted charge-off rate for loans secured by nonfarm nonresidential properties, one of the categories of loans used in the loan mix index, that is currently published in the Code of Federal Regulations. Due to an inadvertent publishing error, the rate 1 As used in this notice, the term ‘‘insured depository institution’’ has the same meaning as the definition used in Section 3 of the Federal Deposit Insurance Act (FDI Act), 12 U.S.C. 1813(c)(2). 2 See generally 12 CFR 327.3(b)(1). 3 81 FR 32179 (May 20, 2016). E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Rules and Regulations]
[Pages 71223-71227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24320]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / 
Rules and Regulations

[[Page 71223]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2020-0179]
RIN 3150-AK51


List of Approved Spent Fuel Storage Casks: Holtec International 
HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 
1040, Amendment No. 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Holtec International HI-
STORM UMAX Canister Storage System listing within the ``List of 
approved spent fuel storage casks'' to include Amendment No. 4 to 
Certificate of Compliance No. 1040. Amendment No. 4 revises the 
certificate of compliance to update the technical specifications for 
radiation protection regarding the dose rate limit for the vertical 
ventilated module lid, update the technical specifications for the vent 
blockage limiting condition for operation, and add a Type 1 version of 
multi-purpose canister MPC-37.

DATES: This direct final rule is effective January 25, 2021, unless 
significant adverse comments are received by December 9, 2020. If this 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC is able to ensure consideration only for comments 
received on or before this date. Comments received on this direct final 
rule will also be considered to be comments on a companion proposed 
rule published in the Proposed Rules section of this issue of the 
Federal Register.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0179. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [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: Christian J. Jacobs, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6825; email: 
[email protected] or Gerry L. Stirewalt, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-3698; 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-2020-0179 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0179.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2020-0179 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information

[[Page 71224]]

before making the comment submissions available to the public or 
entering the comment into ADAMS.

II. Rulemaking Procedure

    This rule is limited to the changes contained in Amendment No. 4 to 
Certificate of Compliance No. 1040 and does not include other aspects 
of the Holtec International HI-STORM UMAX Canister Storage System cask 
design. The NRC is using the ``direct final rule procedure'' to issue 
this amendment because it represents a limited and routine change to an 
existing certificate of compliance that is expected to be non-
controversial. The NRC has determined that, with the requested changes, 
adequate protection of public health and safety will continue to be 
reasonably assured. The amendment to the rule will become effective on 
January 25, 2021. However, if the NRC receives any significant adverse 
comments on this direct final rule by December 9, 2020, then the NRC 
will publish a document that withdraws this action and will 
subsequently address the comments received in a final rule as a 
response to the companion proposed rule published in the Proposed Rules 
section of this issue of the Federal Register. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule, certificate of compliance, or technical 
specifications.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[t]he Commission shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule that added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
March 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25, 
2015), that approved the Holtec International HI-STORM UMAX Canister 
Storage System and added it to the list of NRC-approved cask designs in 
Sec.  72.214, ``List of approved spent fuel storage casks,'' as 
Certificate of Compliance No. 1040.

IV. Discussion of Changes

    On September 28, 2018, Holtec International submitted a request to 
amend Certificate of Compliance No. 1040 for the HI-STORM UMAX Canister 
Storage System. Holtec International supplemented its request on the 
following dates: May 21, 2019; November 1, 2019; December 20, 2019; 
March 30, 2020; and April 13, 2020. Amendment No. 4 revises the 
certificate of compliance to (1) update the technical specifications 
for radiation protection regarding the dose rate limit for the vertical 
ventilated module lid, (2) update the technical specifications for the 
vent blockage limiting condition for operation, and (3) add a Type 1 
version of multi-purpose canister MPC-37.
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety evaluation of the proposed certificate of compliance 
amendment request. The NRC determined that this amendment does not 
reflect a significant change in design or fabrication of the cask. 
Specifically, the NRC determined that the design of the cask would 
continue to maintain confinement, shielding, and criticality control in 
the event of each evaluated accident condition. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Amendment No. 4 would remain well within the 
limits specified by 10 CFR part 20, ``Standards for Protection Against 
Radiation.'' Thus, the NRC found there will be no significant change in 
the types or amounts of any effluent released, no significant increase 
in the individual or cumulative radiation exposure, and no significant 
increase in the potential for or consequences from radiological 
accidents.
    The NRC determined that the amended Holtec International HI-STORM 
UMAX Canister Storage System cask design, when used under the 
conditions specified in the certificate of compliance, the technical 
specifications, and the NRC's regulations, will meet the requirements 
of 10 CFR part 72; therefore, adequate protection of public health and 
safety will continue to be reasonably assured. When this direct final 
rule becomes effective, persons who hold a general license under Sec.  
72.210 may, consistent with license conditions under Sec.  72.212, load 
spent nuclear fuel into Holtec International HI-STORM UMAX Canister 
Storage System casks that meet the criteria of Amendment No. 4 to 
Certificate of Compliance No. 1040.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC revises the 
Holtec International HI-STORM UMAX Canister Storage System cask design 
listed in Sec.  72.214, ``List of approved spent fuel storage casks.'' 
This action does not constitute the establishment of a standard that

[[Page 71225]]

contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017 (82 FR 48535), this rule is classified as 
Compatibility Category NRC--Areas of Exclusive NRC Regulatory 
Authority. The NRC program elements in this category are those that 
relate directly to areas of regulation reserved to the NRC by the 
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR 
chapter I. Therefore, compatibility is not required for program 
elements in this category. Although an Agreement State may not adopt 
program elements reserved to the NRC, and the Category ``NRC'' does not 
confer regulatory authority on the State, the State may wish to inform 
its licensees of certain requirements by means consistent with the 
State's administrative procedure laws.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

VIII. Environmental Assessment and Finding of No Significant Impact

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
the NRC has determined that this direct final rule, if adopted, would 
not be a major Federal action significantly affecting the quality of 
the human environment and, therefore, an environmental impact statement 
is not required. The NRC has made a finding of no significant impact 
based on the basis of this environmental assessment.

A. The Action

    The action is to amend Sec.  72.214 by revising the Holtec 
International HI-STORM UMAX Canister Storage System listing in the 
``List of approved spent fuel storage casks'' to include Amendment No. 
4 to Certificate of Compliance No. 1040.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
Holtec International HI-STORM UMAX Canister Storage System design 
within the list of approved spent fuel storage casks to allow power 
reactor licensees to store spent fuel at reactor sites in casks with 
the approved modifications under a general license. Specifically, 
Amendment No. 4 revises the certificate of compliance to (1) update the 
technical specifications for radiation protection regarding the dose 
rate limit for the vertical ventilated module lid, (2) update the 
technical specifications for the vent blockage limiting condition for 
operation, and (3) add a Type 1 version of multi-purpose canister MPC-
37.

C. Environmental Impacts of the Action

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was analyzed 
in the environmental assessment for the 1990 final rule. The 
environmental assessment for Amendment No. 4 tiers off the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act of 1969, as amended. The Holtec International 
HI-STORM UMAX Canister Storage System is designed to mitigate the 
effects of design basis accidents that could occur during storage. 
Design basis accidents account for human-induced events and the most 
severe natural phenomena reported for the site and surrounding area. 
Postulated accidents analyzed for an independent spent fuel storage 
installation, the type of facility at which a holder of a power reactor 
operating license would store spent fuel in casks in accordance with 10 
CFR part 72, can include tornado winds and tornado-generated missiles, 
a design basis earthquake, a design basis flood, an accidental cask 
drop, lightning effects, fire, explosions, and other incidents.
    The design of the cask would provide confinement, shielding, and 
criticality control in the event of each evaluated accident condition. 
If confinement, shielding, and criticality control are maintained, the 
environmental impacts resulting from an accident would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. Because there are no significant 
design or process changes, any resulting occupational exposure or 
offsite dose rates from the implementation of Amendment No. 4 would 
remain well within the 10 CFR part 20 limits. Therefore, the proposed 
certificate of compliance changes will not result in any radiological 
or non-radiological environmental impacts that significantly differ 
from the environmental impacts evaluated in the environmental 
assessment supporting the July 18, 1990, final rule. There will be no 
significant change in the types or significant revisions in the amounts 
of any effluent released, no significant increase in the individual or 
cumulative radiation exposures, and no significant increase in the 
potential for, or consequences from, radiological accidents. The NRC 
documented its safety findings in the preliminary safety evaluation 
report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
4 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the Holtec 
International HI-STORM UMAX Canister Storage System in accordance with 
the changes described in proposed Amendment No. 4 would have to request 
an exemption from the requirements of 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. 1040 
would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51. 
Based on the foregoing environmental assessment, the NRC concludes that 
this direct final rule, entitled ``List of Approved Spent Fuel Storage 
Casks: Holtec International HI-STORM UMAX Canister Storage System, 
Certificate of Compliance No. 1040, Amendment No. 4'' will not have a 
significant effect on the human

[[Page 71226]]

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 6, 2015 (80 FR 12073), as corrected (80 FR 15679; March 25, 
2015), the NRC issued an amendment to 10 CFR part 72 that approved the 
Holtec International HI-STORM UMAX Canister Storage System design by 
adding it to the list of NRC-approved cask designs in Sec.  72.214.
    On September 28, 2018, and as supplemented on May 21, 2019, 
November 1, 2019, December 20, 2019, March 30, 2020, and April 13, 
2020, Holtec International submitted a request to amend the HI-STORM 
UMAX Canister Storage System as described in Section IV, ``Discussion 
of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 4 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the Holtec International HI-STORM UMAX 
Canister Storage System under the changes described in Amendment No. 4 
to request an exemption from the requirements of 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; 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. 
1040 for the Holtec International HI-STORM UMAX 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. 1040 for the 
Holtec International HI-STORM UMAX Canister Storage System was 
initiated by Holtec International and was not submitted in response to 
new NRC requirements, or an NRC request for amendment. Amendment No. 4 
applies only to new casks fabricated and used under Amendment No. 4. 
These changes do not affect existing users of the Holtec International 
HI-STORM UMAX Canister Storage System, and the current Amendment No. 2 
continues to be effective for existing users. Amendment No. 3 to 
Certificate of Compliance No. 1040 has not been issued. While existing 
users of this storage system may comply with the new requirements in 
Amendment No. 4, this would be a voluntary decision on the part of 
existing users.
    For these reasons, Amendment No. 4 to Certificate of Compliance No. 
1040 does not constitute backfitting under 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 as indicated.

------------------------------------------------------------------------
                                                       ADAMS package
                    Document                           accession No.
------------------------------------------------------------------------
Letter from Holtec International to NRC           ML18285A820.
 submitting the Amendment No. 4 Request for HI-
 STORM UMAX Canister Storage System Certificate
 of Compliance No. 1040, September 28, 2018.
Holtec International HI-STORM UMAX Amendment No.  ML19144A140.
 4 Responses to Request for Additional
 Information, May 21, 2019.
Holtec International HI-STORM UMAX Amendment No.  ML19311C514.
 4 Responses to Request for Additional
 Information, November 1, 2019.
Holtec International HI-STORM UMAX Amendment No.  ML20002A425.
 4 Responses to Request for Additional
 Information, December 20, 2019.
Holtec International HI-STORM UMAX Amendment No.  ML20104C014.
 4 Responses to Request for Additional
 Information, March 30, 2020.

[[Page 71227]]

 
Holtec International HI-STORM UMAX Amendment No.  ML20111A237.
 4 Responses to Request for Additional
 Information, April 13, 2020.
User Need Memorandum to J. Cai from J. McKirgan   ML20161A087.
 with Proposed Certificate of Compliance No.
 1040, Amendment No. 4; Associated Proposed
 Technical Specifications; and the Preliminary
 Safety Evaluation Report, July 21, 2020.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2020-0179. The Federal 
Rulemaking website allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2020-0179); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, Spent fuel, Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following 
amendments to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

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. 1040 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1040.
Initial Certificate Effective Date: April 6, 2015.
Amendment Number 1 Effective Date: September 8, 2015.
Amendment Number 2 Effective Date: January 9, 2017.
Amendment Number 3 [RESERVED]
Amendment Number 4 Effective Date: January 25, 2021.
SAR Submitted by: Holtec International, Inc.
SAR Title: Final Safety Analysis Report for the Holtec International 
HI-STORM UMAX Canister Storage System.
Docket Number: 72-1040.
Certificate Expiration Date: April 6, 2035.
Model Number: MPC-37, MPC-89.
* * * * *

    Dated October 21, 2020.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-24320 Filed 11-6-20; 8:45 am]
BILLING CODE 7590-01-P
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