List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System Certificate of Compliance No. 1014, Amendment No. 15, 28237-28238 [2021-11192]
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28237
Rules and Regulations
Federal Register
Vol. 86, No. 100
Wednesday, May 26, 2021
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–2020–0257]
RIN 3150–AK53
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System Certificate of
Compliance No. 1014, Amendment No.
15
Nuclear Regulatory
Commission.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is confirming the
effective date of June 14, 2021, for the
direct final rule that was published in
the Federal Register on March 29, 2021.
The direct final rule amends the NRC’s
spent fuel storage regulations by
revising the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
cask’’ to include Amendment No. 15 to
Certificate of Compliance No. 1014.
DATES: Effective date: The effective date
of June 14, 2021, for the direct final rule
published March 29, 2021 (86 FR
16291), is confirmed.
ADDRESSES: Please refer to Docket ID
NRC–2020–0257 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–2020–0257. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
SUMMARY:
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
• 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. The proposed amendment to
the certificate of compliance, the
proposed changes to the technical
specifications, and the preliminary
safety evaluation report are available in
ADAMS under Accession No.
ML20295A412. The final amendment to
the certificate of compliance, final
changes to the technical specifications,
and final safety evaluation report can
also be viewed in ADAMS under
Accession No. ML21118A862.
• 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.
FOR FURTHER INFORMATION CONTACT:
Vanessa Cox, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
8342 or email: Vanessa.Cox@nrc.gov.
SUPPLEMENTARY INFORMATION: On March
29, 2021 (86 FR 16291), the NRC
published a direct final rule amending
its regulations in part 72 of title 10 of
the Code of Federal Regulations to
revise the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 15 to
Certificate of Compliance No. 1014.
Amendment No. 15 revises the
certificate of compliance as follows:
1. Adds a new version of a transfer
cask, HI–TRAC MS (maximum
shielded), which includes an option for
variable weight of the lead and water
jacket and cooling passages to the
bottom lid. HI–TRAC MS is to be used
with all multipurpose canisters (MPCs)
approved for use in Amendment Nos. 0
through 14 to the HI–STORM 100
System and the newly proposed MPC–
32M, MPC–32 Version 1, and MPC–68
Version 1.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
2. Includes MPC–32M for storage in
the HI–STORM 100 System.
3. Includes MPC–32 Version 1 and
MPC–68 Version 1 for storage in HI–
STORM 100 System.
4. Adds the new overpack, HI–
STORM 100S Version E, and allows it
to be used with all MPCs approved for
use in Amendment Nos. 0 through 14 to
the HI–STORM 100 System and the
newly proposed MPC–32M, MPC–32
Version 1, and MPC–68 Version 1.
5. Adds three additional boiling water
reactor fuel types to the approved
content for MPC–68M: 10x10I, 10x10J,
and 11x11A.
6. Lowers the allowed ambient
temperature from 80 °F to 70 °F for HI–
STORM 100S Version E.
7. Adds HI–DRIP and dry ice jacket
ancillary system as additional cooling
when the MPC is loaded in the HI–
TRAC transfer cask.
8. Allows for partial gadolinium
credit for boiling water reactor fuel
assemblies types 10x10 and 11x11
assembly classes in MPC–68M.
9. Includes allowance for canisters
currently loaded under earlier
amendments which had different
helium leak test requirements.
10. Updates Drawing No. 7195 for the
MPC–68M by removing dimensions
which are not used in the safety
analysis.
11. Includes dry ice jacket as optional
alternate cooling method for short-term
operation of the loaded HI–TRAC.
In the direct final rule published on
March 29, 2021, the NRC stated that if
no significant adverse comments were
received, the direct final rule would
become effective on June 14, 2021. The
NRC received and docketed one
comment on the companion proposed
rule (86 FR 16310; March 29, 2021). An
electronic copy of the comment can be
obtained from the Federal Rulemaking
website https://www.regulations.gov
under Docket ID NRC–2020–0257 and is
also available in ADAMS under
Accession No. ML21090A148.
The NRC evaluated the comment
against the criteria described in the
direct final rule and determined that the
comment was not significant and
adverse. Specifically, the comment
agreed with this rulemaking and, thus,
was not adverse. Therefore, the direct
final rule will become effective as
scheduled.
Dated: May 21, 2021.
E:\FR\FM\26MYR1.SGM
26MYR1
28238
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
For the Nuclear Regulatory Commission.
Angella M. Love Blair,
Acting Chief, Regulatory Analysis and
Rulemaking Support Branch, Division of
Rulemaking, Environmental, andFinancial
Support, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2021–11192 Filed 5–25–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 9
[Docket ID OCC–2020–0031]
RIN 1557–AE99
Collective Investment Funds: Prior
Notice Period for Withdrawals
Office of the Comptroller of the
Currency, Treasury.
ACTION: Final rule.
AGENCY:
The OCC is adopting as final,
with one minor change, the interim final
rule published in the Federal Register
on August 13, 2020, that codifies and
creates an exception to the standard
withdrawal period for a bank
administering a collective investment
fund invested primarily in real estate or
other assets that are not readily
marketable (a covered CIF). Pursuant to
the interim final rule, a bank
administering a covered CIF may
request OCC approval to extend the
standard withdrawal period under
limited circumstances and if certain
conditions are met. The final rule
adopts as final the changes made by the
interim final rule and introduces a
minor revision to one of the conditions
necessary for the extension.
DATES: The interim final rule is effective
May 26, 2021.
FOR FURTHER INFORMATION CONTACT: Beth
Kirby, Assistant Director, Asa
Chamberlayne, Counsel, or Daniel
Perez, Counsel, Chief Counsel’s Office,
(202) 649–5490; or David Stankiewicz,
Technical Expert for Asset Management
Policy, Market Risk Policy Division,
Bank Supervision Policy, 202–649–
6360, Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
A collective investment fund (CIF) is
a bank-managed fiduciary fund that
holds pooled assets. A national bank or
Federal savings association
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
(collectively, a bank) that establishes
and operates a CIF must do so in
accordance with the criteria established
under the fiduciary activities regulation
of the Office of the Comptroller of the
Currency (OCC) at 12 CFR 9.18.1 A CIF
is funded through contributions by the
CIF’s participants, which are the
beneficial owners of the fund’s assets. A
bank admitting a CIF participant or
withdrawing all or part of its
participating interest (that is, allowing
the participant to, in effect, redeem a
proportionate interest in the assets of
the CIF) must do so on the basis of a
valuation of the CIF’s assets.2
A bank administering a C IF invested
primarily in real estate or other assets
that are not readily marketable (a
covered CIF) may require a prior notice
period of up to one year for
withdrawals.3 The OCC previously
interpreted this notice period
requirement as requiring the bank to
withdraw an account within the prior
notice period or, if permissible under
the CIF’s written plan, within one year
after prior notice was required (standard
withdrawal period).4 The OCC also
recognized, however, that there were
circumstances when a longer
withdrawal period was appropriate. For
example, during the 2009 financial
crisis, the OCC permitted a bank to
extend the time period for withdrawals,
subject to certain conditions.5
During normal market conditions, a
bank can typically satisfy withdrawal
requests within the standard withdrawal
period. However, in the event of
unanticipated and severe market
conditions, a bank may be faced with an
increased number of withdrawal
requests and reduced market liquidity.
In such conditions, a bank that is
required to sell CIF assets to satisfy
withdrawals within the standard
withdrawal period could have difficulty
realizing a fair value for those assets.
This could compel ‘‘fire sales’’ of CIF
assets and lead to avoidable economic
harm for CIF participants, which would
be contrary to general fiduciary
principles that require a CIF trustee to
act in the best interests of CIF
participants.
II. Interim Final Rule
On August 13, 2020, the OCC
published an interim final rule in the
Federal Register that codified the
1 Pursuant to 12 CFR 150.260, the terms ‘‘bank’’
and ‘‘national bank’’ as used in 12 CFR 9.18 are
deemed to include a Federal savings association.
2 12 CFR 9.18(b)(5)(i).
3 12 CFR 9.18(b)(5)(iii).
4 See, e.g., OCC Interpretive Letter No. 1121 (Aug.
2009) (Interpretive Letter 1121).
5 Id.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
standard withdrawal period for a bank
administering a covered CIF and
established a limited exception to that
withdrawal period. The exception was
intended to enable a bank to preserve
the value of a CIF’s assets for the benefit
of fund participants during
unanticipated and severe market
conditions, such as those resulting from
the current national health emergency
concerning the coronavirus disease
(COVID–19) outbreak.
Under the interim final rule, to satisfy
the standard withdrawal period
requirement, a bank administering a
covered CIF that requires a prior notice
period for withdrawals generally must
withdraw an account within the prior
notice period or, if permissible under
the CIF’s written plan, within one year
after prior notice was required.
Under the exception established by
the interim final rule, a bank may
withdraw an account from a CIF up to
one year beyond the standard
withdrawal period with OCC approval
and if certain conditions are met.
Namely, the fund’s written plan
(including its notice and withdrawal
policy) must authorize an extended
withdrawal period and be fully
disclosed to fund participants. In
addition, the bank’s board of directors,
or a committee authorized by the board
of directors, must determine that (1) due
to unanticipated and severe market
conditions for specific assets held by the
fund, an extended withdrawal period is
necessary in order to preserve the value
of the fund’s assets for the benefit of
fund participants; and (2) the extended
withdrawal period is consistent with 12
CFR part 9 and applicable law. The
bank’s board of directors, or a
committee authorized by the board of
directors, must also commit that the
bank will act upon any withdrawal
request as soon as practicable. Finally,
the rule provides discretion for the OCC
to impose additional conditions if the
OCC determines that the conditions are
necessary or appropriate to protect the
interests of fund participants. The
conditions established by this interim
final rule were intended to ensure that
the exception is only granted if it is
consistent with fiduciary principles,
applicable law, and the CIF’s written
plan.6 To ensure that the exception is
consistent with these principles and
requirements, and as described above,
the OCC may impose additional
conditions, such as requiring periodic
progress reports from the bank.
In addition to the above, the interim
final rule provided that if, due to
6 See 12 CFR 9.18(b)(1) (written plan
requirements).
E:\FR\FM\26MYR1.SGM
26MYR1
Agencies
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28237-28238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11192]
========================================================================
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.
========================================================================
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules
and Regulations
[[Page 28237]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2020-0257]
RIN 3150-AK53
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System Certificate of Compliance No. 1014, Amendment
No. 15
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; confirmation of effective date.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the
effective date of June 14, 2021, for the direct final rule that was
published in the Federal Register on March 29, 2021. The direct final
rule amends the NRC's spent fuel storage regulations by revising the
Holtec International HI-STORM 100 Cask System listing within the ``List
of approved spent fuel storage cask'' to include Amendment No. 15 to
Certificate of Compliance No. 1014.
DATES: Effective date: The effective date of June 14, 2021, for the
direct final rule published March 29, 2021 (86 FR 16291), is confirmed.
ADDRESSES: Please refer to Docket ID NRC-2020-0257 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-2020-0257. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The proposed amendment to the
certificate of compliance, the proposed changes to the technical
specifications, and the preliminary safety evaluation report are
available in ADAMS under Accession No. ML20295A412. The final amendment
to the certificate of compliance, final changes to the technical
specifications, and final safety evaluation report can also be viewed
in ADAMS under Accession No. ML21118A862.
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.
FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-8342 or email:
[email protected].
SUPPLEMENTARY INFORMATION: On March 29, 2021 (86 FR 16291), the NRC
published a direct final rule amending its regulations in part 72 of
title 10 of the Code of Federal Regulations to revise the Holtec
International HI-STORM 100 Cask System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 15 to
Certificate of Compliance No. 1014. Amendment No. 15 revises the
certificate of compliance as follows:
1. Adds a new version of a transfer cask, HI-TRAC MS (maximum
shielded), which includes an option for variable weight of the lead and
water jacket and cooling passages to the bottom lid. HI-TRAC MS is to
be used with all multipurpose canisters (MPCs) approved for use in
Amendment Nos. 0 through 14 to the HI-STORM 100 System and the newly
proposed MPC-32M, MPC-32 Version 1, and MPC-68 Version 1.
2. Includes MPC-32M for storage in the HI-STORM 100 System.
3. Includes MPC-32 Version 1 and MPC-68 Version 1 for storage in
HI-STORM 100 System.
4. Adds the new overpack, HI-STORM 100S Version E, and allows it to
be used with all MPCs approved for use in Amendment Nos. 0 through 14
to the HI-STORM 100 System and the newly proposed MPC-32M, MPC-32
Version 1, and MPC-68 Version 1.
5. Adds three additional boiling water reactor fuel types to the
approved content for MPC-68M: 10x10I, 10x10J, and 11x11A.
6. Lowers the allowed ambient temperature from 80 [deg]F to 70
[deg]F for HI-STORM 100S Version E.
7. Adds HI-DRIP and dry ice jacket ancillary system as additional
cooling when the MPC is loaded in the HI-TRAC transfer cask.
8. Allows for partial gadolinium credit for boiling water reactor
fuel assemblies types 10x10 and 11x11 assembly classes in MPC-68M.
9. Includes allowance for canisters currently loaded under earlier
amendments which had different helium leak test requirements.
10. Updates Drawing No. 7195 for the MPC-68M by removing dimensions
which are not used in the safety analysis.
11. Includes dry ice jacket as optional alternate cooling method
for short-term operation of the loaded HI-TRAC.
In the direct final rule published on March 29, 2021, the NRC
stated that if no significant adverse comments were received, the
direct final rule would become effective on June 14, 2021. The NRC
received and docketed one comment on the companion proposed rule (86 FR
16310; March 29, 2021). An electronic copy of the comment can be
obtained from the Federal Rulemaking website https://www.regulations.gov under Docket ID NRC-2020-0257 and is also available
in ADAMS under Accession No. ML21090A148.
The NRC evaluated the comment against the criteria described in the
direct final rule and determined that the comment was not significant
and adverse. Specifically, the comment agreed with this rulemaking and,
thus, was not adverse. Therefore, the direct final rule will become
effective as scheduled.
Dated: May 21, 2021.
[[Page 28238]]
For the Nuclear Regulatory Commission.
Angella M. Love Blair,
Acting Chief, Regulatory Analysis and Rulemaking Support Branch,
Division of Rulemaking, Environmental, andFinancial Support, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2021-11192 Filed 5-25-21; 8:45 am]
BILLING CODE 7590-01-P