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Federal Register / Vol. 86, No. 58 / Monday, 29, 2021 / Rules and Regulations 16291

decisions made by the aforementioned INFORMATION CONTACT section of this the NRC’s Public Document Room (PDR) bodies at his or her discretion. document. reference staff at 1–800–397–4209, 301– • Email comments to: 415–4737, or by email to pdr.resource@ Bruce Summers, [email protected]. If you nrc.gov. For the convenience of the Administrator, Agricultural Marketing do not receive an automatic email reply reader, instructions about obtaining Service. confirming receipt, then contact us at materials referenced in this document [FR Doc. 2021–06207 Filed 3–26–21; 8:45 am] 301–415–1677. are provided in the ‘‘Availability of BILLING CODE P • Mail comments to: Secretary, U.S. Documents’’ section. Nuclear Regulatory Commission, • Attention: The PDR, where you Washington, DC 20555–0001, ATTN: examine and order copies of public NUCLEAR REGULATORY Rulemakings and Adjudications Staff. documents, is currently closed. You COMMISSION For additional direction on obtaining may submit your request to the PDR via information and submitting comments, email at [email protected] or call 10 CFR Part 72 see ‘‘Obtaining Information and 1–800–397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through [NRC–2020–0257] Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of Friday, except Federal holidays. RIN 3150–AK53 this document. B. Submitting Comments FOR FURTHER INFORMATION CONTACT: Yen- List of Approved Spent Fuel Storage The NRC encourages electronic Ju Chen, Office of Nuclear Material Casks: Holtec International HI–STORM comment submission through the Safety and Safeguards; telephone: 301– 100 Cask System, Certificate of Federal Rulemaking website (https:// 415–1018; email: [email protected] Compliance No. 1014, Amendment No. www.regulations.gov). Please include or Vanessa Cox, Office of Nuclear 15 Docket ID NRC–2020–0257 in your Material Safety and Safeguards; comment submission. AGENCY: Nuclear Regulatory telephone: 301–415–8342; email: The NRC cautions you not to include Commission. [email protected]. Both are staff of identifying or contact information that ACTION: Direct final rule. the U.S. Nuclear Regulatory you do not want to be publicly Commission, Washington, DC 20555– disclosed in your comment submission. SUMMARY: The U.S. Nuclear Regulatory 0001. Commission (NRC) is amending its The NRC will post all comment spent fuel storage regulations by SUPPLEMENTARY INFORMATION: submissions at http:// www.regulations.gov as well as enter the revising the Holtec International HI– Table of Contents STORM 100 Cask System listing within comment submissions into ADAMS. I. Obtaining Information and Submitting The NRC does not routinely edit the ‘‘List of approved spent fuel storage Comments casks’’ to include Amendment No. 15 to comment submissions to remove II. Rulemaking Procedure identifying or contact information. Certificate of Compliance No. 1014. III. Background Amendment No. 15 amends the If you are requesting or aggregating IV. Discussion of Changes comments from other persons for certificate of compliance to add a new V. Voluntary Consensus Standards overpack and a new transfer cask, revise VI. Agreement State Compatibility submission to the NRC, then you should allowed content for storage, and make VII. Plain Writing inform those persons not to include other changes to the storage system. VIII. Environmental Assessment and Finding identifying or contact information that of No Significant Impact they do not want to be publicly DATES: This direct final rule is effective IX. Paperwork Reduction Act Statement disclosed in their comment submission. 14, 2021, unless significant adverse X. Regulatory Flexibility Certification Your request should state that the NRC comments are received by 28, XI. Regulatory Analysis does not routinely edit comment 2021. If this direct final rule is XII. Backfitting and Issue Finality submissions to remove such information withdrawn as a result of such XIII. Congressional Review Act before making the comment XIV. Availability of Documents comments, timely notice of the submissions available to the public or withdrawal will be published in the I. Obtaining Information and entering the comment into ADAMS. Federal Register. Comments received Submitting Comments after this date will be considered if it is II. Rulemaking Procedure practical to do so, but the NRC is able A. Obtaining Information This rule is limited to the changes to ensure consideration only for Please refer to Docket ID NRC–2020– contained in Amendment No. 15 to comments received on or before this 0257 when contacting the NRC about Certificate of Compliance No. 1014 and date. Comments received on this direct the availability of information for this does not include other aspects of the final rule will also be considered to be action. You may obtain publicly- Holtec International HI–STORM 100 comments on a companion proposed available information related to this Cask System design. The NRC is using rule published in the Proposed Rules action by any of the following methods: the ‘‘direct final rule procedure’’ to section of this issue of the Federal • Federal Rulemaking Website: Go to issue this amendment because it Register. http://www.regulations.gov and search represents a limited and routine change ADDRESSES: You may submit comments for Docket ID NRC–2020–0257. to an existing certificate of compliance by any of the following methods: • NRC’s Agencywide Documents that is expected to be non-controversial. • Federal Rulemaking Website: Go to Access and Management System The NRC has determined that, with the http://www.regulations.gov and search (ADAMS): You may obtain publicly- requested changes, adequate protection for Docket ID NRC–2018–0221. Address available documents online in the of public health and safety will continue questions about NRC dockets to Dawn ADAMS Public Documents collection at to be reasonably assured. The Forder; telephone: 301–415–3407; http://www.nrc.gov/reading-rm/ amendments to the rule will become email: [email protected]. For adams.html. To begin the search, select effective on , 2021. However, if technical questions contact the ‘‘Begin Web-based ADAMS Search.’’ For the NRC receives significant adverse individuals listed in the FOR FURTHER problems with ADAMS, please contact comments on this direct final rule by

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April 28, 2021, then the NRC will 218(a)] for use at the site of any civilian 6. Lowers the allowed ambient publish a document that withdraws this nuclear power reactor.’’ temperature from 80 °F to 70 °F for HI– action and will subsequently address To implement this mandate, the STORM 100S Version E. the comments received in a final rule as Commission approved dry storage of 7. Adds HI–DRIP and dry ice jacket a response to the companion proposed spent nuclear fuel in NRC-approved ancillary system as additional cooling rule published in the Proposed Rules casks under a general license by when the MPC is loaded in the HI– section of this issue of the Federal publishing a final rule that added a new TRAC transfer cask. Register. Absent significant subpart K in part 72 of title 10 of the 8. Allows for partial gadolinium modifications to the proposed revisions Code of Federal Regulations (10 CFR) credit for boiling water reactor fuel requiring republication, the NRC will entitled ‘‘General License for Storage of assemblies types 10x10 and 11x11 not initiate a second comment period on Spent Fuel at Power Reactor Sites’’ (55 assembly classes in MPC–68M. 9. Includes allowance for canisters this action. FR 29181; 18, 1990). This rule also currently loaded under earlier A significant adverse comment is a established a new subpart L in 10 CFR amendments which had different comment where the commenter part 72 entitled ‘‘Approval of Spent Fuel explains why the rule would be helium leak test requirements. Storage Casks,’’ which contains 10. Updates Drawing No. 7195 for the inappropriate, including challenges to procedures and criteria for obtaining MPC–68M by removing dimensions the rule’s underlying premise or NRC approval of spent fuel storage cask which are not used in the safety approach, or would be ineffective or designs. The NRC subsequently issued a analysis. unacceptable without a change. A final rule on May 1, 2000 (65 FR 25241), 11. Includes dry ice jacket as optional comment is adverse and significant if: that approved the Holtec International alternate cooling method for short-term (1) The comment opposes the rule and HI–STORM 100 Cask System and added operation of the loaded HI–TRAC. provides a reason sufficient to require a it to the list of NRC-approved cask Holtec International originally substantive response in a notice-and- designs in § 72.214, ‘‘List of approved proposed an additional change, which it comment process. For example, a spent fuel storage casks,’’ as Certificate did not pursue and the staff did not substantive response is required when: of Compliance No. 1014. review. As Holtec International listed (a) The comment causes the NRC staff IV. Discussion of Changes this change as proposed change #9 and to reevaluate (or reconsider) its position the staff’s preliminary safety evaluation or conduct additional analysis; On , 2019, Holtec report retained Holtec International’s (b) The comment raises an issue International submitted a request to numbering, the preliminary safety serious enough to warrant a substantive amend Certificate of Compliance No. evaluation report refers to changes 9, 10, response to clarify or complete the 1014 for the HI–STORM 100 Cask and 11 as proposed changes 10, 11, and record; or System. Holtec International 12, respectively. (c) The comment raises a relevant supplemented its request on As documented in the preliminary issue that was not previously addressed 16, 2019; , 2020; , 2020; safety evaluation report, the NRC or considered by the NRC. , 2020; , 2020; , performed a safety evaluation of the (2) The comment proposes a change 2020; 14, 2020; , proposed certificate of compliance or an addition to the rule, and it is 2020; and , 2020. amendment request. The NRC apparent that the rule would be Amendment No. 15 revises the determined that this amendment does ineffective or unacceptable without certificate of compliance as follows: not reflect a significant change in design incorporation of the change or addition; 1. Adds a new version of a transfer or fabrication of the cask. Specifically, or cask, HI–TRAC MS (maximum the NRC determined that the design of (3) The comment causes the NRC to shielded), which includes an option for the cask would continue to maintain make a change (other than editorial) to variable weight of the lead and water confinement, shielding, and criticality the rule, certificate of compliance, or jacket and cooling passages to the control in the event of each evaluated technical specifications. bottom lid. HI–TRAC MS is to be used accident condition. This amendment does not reflect a significant change in III. Background with all multipurpose canisters (MPCs) approved for use in Amendment Nos. 0 design or fabrication of the cask. In Section 218(a) of the Nuclear Waste through 14 to the HI–STORM 100 addition, any resulting occupational Policy Act of 1982, as amended, System and the newly proposed MPC– exposure or offsite dose rates from the requires that ‘‘[t]he Secretary [of the 32M, MPC–32 Version 1, and MPC–68 implementation of Amendment No. 15 Department of Energy] shall establish a Version 1. would remain well within the limits demonstration program, in cooperation 2. Includes MPC–32M for storage in specified by 10 CFR part 20, ‘‘Standards with the private sector, for the dry the HI–STORM 100 System. for Protection Against Radiation.’’ Thus, storage of spent nuclear fuel at civilian the NRC found there will be no nuclear power reactor sites, with the 3. Includes MPC–32 Version 1 and significant change in the types or objective of establishing one or more MPC–68 Version 1 for storage in HI– amounts of any effluent released, no technologies that the [Nuclear STORM 100 System. significant increase in the individual or Regulatory] Commission may, by rule, 4. Adds the new overpack, HI– cumulative radiation exposure, and no approve for use at the sites of civilian STORM 100S Version E, and allows it significant increase in the potential for nuclear power reactors without, to the to be used with all MPCs approved for or consequences from radiological maximum extent practicable, the need use in Amendment Nos. 0 through 14 to accidents. for additional site-specific approvals by the HI–STORM 100 System and the The NRC determined that the the Commission.’’ Section 133 of the newly proposed MPC–32M, MPC–32 amended Holtec International HI– Nuclear Waste Policy Act states, in part, Version 1, and MPC–68 Version 1. STORM 100 Cask System design, when that ‘‘[t]he Commission shall, by rule, 5. Adds three additional boiling water used under the conditions specified in establish procedures for the licensing of reactor fuel types to the approved the certificate of compliance, the any technology approved by the content for MPC–68M: 10x10I, 10x10J, technical specifications, and the NRC’s Commission under Section 219(a) [sic: and 11x11A. regulations, will meet the requirements

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of 10 CFR part 72; therefore, adequate VIII. Environmental Assessment and storage installation, the type of facility protection of public health and safety Finding of No Significant Impact at which a holder of a power reactor will continue to be reasonably assured. Under the National Environmental operating license would store spent fuel When this direct final rule becomes Policy Act of 1969, as amended, and the in casks in accordance with 10 CFR part effective, persons who hold a general NRC’s regulations in 10 CFR part 51, 72, can include tornado winds and license under § 72.210 may, consistent ‘‘Environmental Protection Regulations tornado-generated missiles, a design with the license conditions under for Domestic Licensing and Related basis earthquake, a design basis flood, § 72.212, load spent nuclear fuel into Regulatory Functions,’’ the NRC has an accidental cask drop, lightning Holtec International HI–STORM 100 determined that this direct final rule, if effects, fire, explosions, and other Cask System casks that meet the criteria adopted, would not be a major Federal incidents. The design of the cask would prevent of Amendment No. 15 to Certificate of action significantly affecting the quality loss of confinement, shielding, and Compliance No. 1014. of the human environment, and, therefore, an environmental impact criticality control in the event of each V. Voluntary Consensus Standards statement is not required. The NRC has evaluated accident condition. If confinement, shielding, or criticality The National Technology Transfer made a finding of no significant impact on the basis of this environmental control are maintained, the and Advancement Act of 1995 (Pub. L. assessment. environmental impacts resulting from 104–113) requires that Federal agencies an accident would be insignificant. This use technical standards that are A. The Action amendment does not reflect a significant developed or adopted by voluntary The action is to amend § 72.214 to change in design or fabrication of the consensus standards bodies unless the revise the Holtec International HI– cask. Because there are no significant use of such a standard is inconsistent STORM 100 Cask System listing within design or process changes, any resulting with applicable law or otherwise the ‘‘List of approved spent fuel storage occupational exposure or offsite dose impractical. In this direct final rule, the casks’’ to include Amendment No. 15 to rates from the implementation of NRC will revise the Holtec International Certificate of Compliance No. 1014. Amendment No. 15 would remain well HI–STORM 100 Cask System design within the 10 CFR part 20 limits. B. The Need for the Action listed in § 72.214, ‘‘List of approved Therefore, the proposed certificate of spent fuel storage casks.’’ This action This direct final rule amends the compliance changes will not result in does not constitute the establishment of certificate of compliance for the Holtec any radiological or non-radiological a standard that contains generally International HI–STORM 100 Cask environmental impacts that significantly applicable requirements. System design within the list of differ from the environmental impacts approved spent fuel storage casks that evaluated in the environmental VI. Agreement State Compatibility power reactor licensees can use to store assessment supporting the , 1990, spent fuel at reactor sites under a final rule. There will be no significant Under the ‘‘Agreement State Program general license. Specifically, change in the types or significant Policy Statement’’ approved by the Amendment No. 15 amends the revisions in the amounts of any effluent Commission on 2, 2017, and certificate of compliance as described in released, no significant increase in the published in the Federal Register on Section IV, ‘‘Discussion of Changes,’’ of individual or cumulative radiation , 2017 (82 FR 48535), this this document, for the use of the Holtec exposures, and no significant increase rule is classified as Compatibility International HI–STORM 100 Cask in the potential for or consequences Category NRC—Areas of Exclusive NRC System. from radiological accidents. The NRC Regulatory Authority. The NRC program documented its safety findings in the C. Environmental Impacts of the Action elements in this category are those that preliminary safety evaluation report. relate directly to areas of regulation On July 18, 1990 (55 FR 29181), the reserved to the NRC by the Atomic NRC issued an amendment to 10 CFR D. Alternative to the Action Energy Act of 1954, as amended, or the part 72 to provide for the storage of The alternative to this action is to provisions of 10 CFR chapter I. spent fuel under a general license in deny approval of Amendment No. 15 Therefore, compatibility is not required cask designs approved by the NRC. The and not issue the direct final rule. for program elements in this category. potential environmental impact of using Consequently, any 10 CFR part 72 Although an Agreement State may not NRC-approved storage casks was general licensee that seeks to load spent adopt program elements reserved to the analyzed in the environmental nuclear fuel into a Holtec International NRC, and the Category ‘‘NRC’’ does not assessment for the 1990 final rule. The HI–STORM 100 Cask System in confer regulatory authority on the State, environmental assessment for accordance with the changes described the State may wish to inform its Amendment No. 15 tiers off of the in Amendment No. 15 would have to licensees of certain requirements by environmental assessment for the July request an exemption from the means consistent with the particular 18, 1990, final rule. Tiering on past requirements of §§ 72.212 and 72.214. environmental assessments is a standard State’s administrative procedure laws. Under this alternative, interested process under the National licensees would have to prepare, and VII. Plain Writing Environmental Policy Act of 1969, as the NRC would have to review, a amended. separate exemption request, thereby The Plain Writing Act of 2010 (Pub. The Holtec International HI–STORM increasing the administrative burden L. 111–274) requires Federal agencies to 100 Cask System is designed to mitigate upon the NRC and the costs to each write documents in a clear, concise, and the effects of design basis accidents that licensee. The environmental impacts well-organized manner. The NRC has could occur during storage. Design basis would be the same as the proposed written this document to be consistent accidents account for human-induced action. with the Plain Writing Act as well as the events and the most severe natural Presidential Memorandum, ‘‘Plain phenomena reported for the site and E. Alternative Use of Resources Language in Government Writing,’’ surrounding area. Postulated accidents Approval of Amendment No. 15 to published , 1998 (63 FR 31885). analyzed for an independent spent fuel Certificate of Compliance No. 1014

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would result in no irreversible set forth in the Regulatory Flexibility Based on this regulatory analysis, the commitment of resources. Act or the size standards established by NRC concludes that the requirements of the NRC (§ 2.810). this direct final rule are commensurate F. Agencies and Persons Contacted with the NRC’s responsibilities for XI. Regulatory Analysis No agencies or persons outside the public health and safety and the NRC were contacted in connection with On July 18, 1990 (55 FR 29181), the common defense and security. No other the preparation of this environmental NRC issued an amendment to 10 CFR available alternative is believed to be as assessment. part 72 to provide for the storage of satisfactory; therefore, this action is spent nuclear fuel under a general G. Finding of No Significant Impact recommended. license in cask designs approved by the The environmental impacts of the NRC. Any nuclear power reactor XII. Backfitting and Issue Finality action have been reviewed under the licensee can use NRC-approved cask The NRC has determined that the requirements in the National designs to store spent nuclear fuel if (1) backfit rule (§ 72.62) does not apply to Environmental Policy Act of 1969, as it notifies the NRC in advance, (2) the this direct final rule. Therefore, a backfit amended, and the NRC’s regulations in spent fuel is stored under the conditions analysis is not required. This direct final subpart A of 10 CFR part 51, specified in the cask’s certificate of rule amends Certificate of Compliance ‘‘Environmental Protection Regulations compliance, and (3) the conditions of No. 1014 for the Holtec International for Domestic Licensing and Related the general license are met. A list of HI–STORM 100 Cask System, as Regulatory Functions.’’ Based on the NRC-approved cask designs is contained currently listed in § 72.214. The foregoing environmental assessment, the in § 72.214. On May 1, 2000 (65 FR amendment consists of the changes in NRC concludes that this direct final rule 25241), the NRC issued an amendment Amendment No. 15 previously entitled ‘‘List of Approved Spent Fuel to 10 CFR part 72 that approved the described, as set forth in the revised Storage Casks: Holtec International HI– Holtec International HI–STORM 100 certificate of compliance and technical STORM 100 Cask System, Certificate of Cask System design by adding it to the specifications. Compliance No. 1014, Amendment No. list of NRC-approved cask designs in Amendment No. 15 to Certificate of § 72.214. 15’’ will not have a significant effect on Compliance No. 1014 for the Holtec On March 20, 2019, and as the human environment. Therefore, the International HI–STORM 100 Cask NRC has determined that an supplemented on , 2019; April 28, 2020; May 15, 2020; June 12, System was initiated by Holtec environmental impact statement is not International and was not submitted in necessary for this direct final rule. 2020; June 22, 2020; July 30, 2020; , 2020; September 1, 2020; response to new NRC requirements, or IX. Paperwork Reduction Act and September 25, 2020, Holtec an NRC request for amendment. Statement International submitted a request to Amendment No. 15 applies only to new This direct final rule does not contain amend the HI–STORM 100 Cask System casks fabricated and used under any new or amended collections of as described in Section IV, ‘‘Discussion Amendment No. 15. These changes do information subject to the Paperwork of Changes,’’ of this document. not affect existing users of the Holtec Reduction Act of 1995 (44 U.S.C. 3501 The alternative to this action is to International HI–STORM 100 Cask et seq.). Existing collections of withhold approval of Amendment No. System, and previous amendments information were approved by the 15 and to require any 10 CFR part 72 continue to be effective for existing Office of Management and Budget, general licensee seeking to load spent users. While current users of this storage approval number 3150–0132. nuclear fuel into the Holtec system may comply with the new International HI–STORM 100 Cask requirements in Amendment No. 15, Public Protection Notification System under the changes described in this would be a voluntary decision on The NRC may not conduct or sponsor, Amendment No. 15 to request an the part of existing users. and a person is not required to respond exemption from the requirements of For these reasons, Amendment No. 15 to, a request for information or an §§ 72.212 and 72.214. Under this to Certificate of Compliance No. 1014 information collection requirement alternative, each interested 10 CFR part does not constitute backfitting under unless the requesting document 72 licensee would have to prepare, and § 72.62 or § 50.109(a)(1), or otherwise displays a currently valid Office of the NRC would have to review, a represent an inconsistency with the Management and Budget control separate exemption request, thereby issue finality provisions applicable to number. increasing the administrative burden combined licenses in 10 CFR part 52. upon the NRC and the costs to each Accordingly, the NRC has not prepared X. Regulatory Flexibility Certification licensee. a backfit analysis for this rulemaking. Under the Regulatory Flexibility Act Approval of this direct final rule is XIII. Congressional Review Act of 1980 (5 U.S.C. 605(b)), the NRC consistent with previous NRC actions. certifies that this direct final rule will Further, as documented in the This direct final rule is not a rule as not, if issued, have a significant preliminary safety evaluation report and defined in the Congressional Review economic impact on a substantial environmental assessment, this direct Act. number of small entities. This direct final rule will have no adverse effect on XIV. Availability of Documents final rule affects only nuclear power public health and safety or the plant licensees and Holtec International. environment. This direct final rule has The documents identified in the These entities do not fall within the no significant identifiable impact or following table are available to scope of the definition of small entities benefit on other government agencies. interested persons as indicated.

ADAMS accession Document No.

Submission of Holtec International HI–STORM 100 Cask System Certificate of Compliance No. 1014, Amendment 15 ML19092A192 (pack- Request, dated March 20, 2019. age).

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ADAMS accession Document No.

Submission of Response to the U.S. Nuclear Regulatory Commission Request for Supplemental Information for Amend- ML19277G818 (pack- ment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated Sep- age). tember 16, 2019. Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information for Amend- ML20128J292 (pack- ment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated April 28, age). 2020. Submission of Response to the U.S. Nuclear Regulatory Commission for Requests for Additional Information 3–1 and ML20136A475 (pack- 3–6 for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, age). dated May 15, 2020. Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information 8–1 for ML20164A294 (pack- Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated age). June 12, 2020. Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information 4–9 for ML20174A397 (pack- Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated age). June 22, 2020. Submission of Response to the U.S. Nuclear Regulatory Commission for Requests for Additional Information 6–1, 6–2, ML20213C679 (pack- 6–7, 6–8 and 11–1 for Amendment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 age). Cask System, dated July 30, 2020. Submission of Response to the U.S. Nuclear Regulatory Commission for Request for Additional Information for Amend- ML20229A001 (pack- ment 15 to Certificate of Compliance No. 1014 for Holtec International HI–STORM 100 Cask System, dated August age). 14, 2020. Submission of Supplement to Holtec International’s Request for Amendment 15 to Certificate of Compliance No. 1014 ML20245E462 (pack- for Holtec International HI–STORM 100 Cask System, dated September 1, 2020. age). Submission of Supplement to Holtec International’s Request for Amendment 15 to Certificate of Compliance No. 1014 ML20269A425 (pack- for Holtec International HI–STORM 100 Cask System, dated September 25, 2020. age). User Need Memorandum for Rulemaking for the Holtec International HI–STORM 100 Cask System, Amendment No. 15 ML20295A413. to Certificate of Compliance No. 1014, dated 27, 2021. Proposed CoC 1014 Amendment No. 15 CoC ...... ML20295A415. Proposed CoC 1014 Amendment No. 15 Appendix A ...... ML20295A416. Proposed CoC 1014 Amendment No. 15 Appendix B ...... ML20295A417. Proposed CoC 1014 Amendment No. 15 Appendix C ...... ML20295A418. Proposed CoC 1014 Amendment No. 15 Appendix D ...... ML20295A419. Proposed CoC 1014 Amendment No. 15 Appendix A–100U ...... ML20295A420. Proposed CoC 1014 Amendment No. 15 Appendix B–100U ...... ML20295A421. Preliminary CoC 1014 Amendment No. 15 Safety Evaluation Report ...... ML20295A422.

The NRC may post materials related PART 72—LICENSING Initial Certificate Effective Date: May to this document, including public REQUIREMENTS FOR THE 31, 2000. comments, on the Federal Rulemaking INDEPENDENT STORAGE OF SPENT Amendment Number 1 Effective Date: website at http://www.regulations.gov NUCLEAR FUEL, HIGH-LEVEL , 2002. under Docket ID NRC–2020–0257. RADIOACTIVE WASTE, AND Amendment Number 2 Effective Date: REACTOR-RELATED GREATER THAN , 2005. List of Subjects in 10 CFR Part 72 CLASS C WASTE Amendment Number 3 Effective Date: , 2007. Administrative practice and ■ Amendment Number 4 Effective Date: procedure, Hazardous waste, Indians, 1. The authority citation for part 72 continues to read as follows: , 2008. Intergovernmental relations, Nuclear Amendment Number 5 Effective Date: energy, Penalties, Radiation protection, Authority: Atomic Energy Act of 1954, , 2008. Reporting and recordkeeping secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, Amendment Number 6 Effective Date: requirements, Security measures, Spent 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, , 2009. fuel, Whistleblowing. 2099, 2111, 2201, 2210e, 2232, 2233, 2234, Amendment Number 7 Effective Date: 28, 2009. For the reasons set out in the 2236, 2237, 2238, 2273, 2282, 2021); Energy Amendment Number 8 Effective Date: preamble and under the authority of the Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); , 2012, as corrected on Atomic Energy Act of 1954, as amended; National Environmental Policy Act of 1969 16, 2012 (ADAMS Accession No. the Energy Reorganization Act of 1974, (42 U.S.C. 4332); Nuclear Waste Policy Act ML12213A170); superseded by as amended; the Nuclear Waste Policy of 1982, secs. 117(a), 132, 133, 134, 135, 137, Amendment Number 8, Revision 1, Act of 1982, as amended; and 5 U.S.C. 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), Effective Date: 16, 2016. 552 and 553; the NRC is adopting the 10152, 10153, 10154, 10155, 10157, 10161, Amendment Number 8, Revision 1, following amendments to 10 CFR part 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note. Effective Date: , 2016. 72: Amendment Number 9 Effective Date: ■ 2. In § 72.214, revise Certificate of , 2014, superseded by Compliance 1014 to read as follows: Amendment Number 9, Revision 1, on , 2016. § 72.214 List of approved spent fuel Amendment Number 9, Revision 1, storage casks. Effective Date: March 21, 2016, as * * * * * corrected (ADAMS Accession No. Certificate Number: 1014. ML17236A451).

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Amendment Number 10 Effective necessary due to the planned History Date: , 2016, as corrected decommissioning of the VOR portion of The FAA published a notice of (ADAMS Accession No. ML17236A452). the Marion, IL, VOR/Distance proposed rulemaking (NPRM) for Amendment Number 11 Effective Measuring Equipment (VOR/DME) Docket No. FAA–2020–0944 in the Date: , 2019, as corrected navigation aid (NAVAID). With the Federal Register (85 FR 70532; (ADAMS Accession No. ML19343B024). exception of the RNAV route T–312, the , 2020), amending VOR Amendment Number 12 Effective Marion VOR/DME NAVAID provides Federal airways V–67, V–190, and V– Date: February 25, 2019, as corrected on navigation guidance for portions of the 429; establishing RNAV route T–312; , 2019 (ADAMS Accession No. affected ATS routes. The VOR is being and removing VOR Federal airways V– ML19109A111); further corrected decommissioned as part of the FAA’s 125 and V–335 in the vicinity of , 2019 (ADAMS Accession VOR Minimum Operational Network Marion, IL. The proposed amendment, No. ML19343A908). (MON) program. establishment, and revocation actions Amendment Number 13 Effective DATES: Effective date 0901 UTC, June were due to the planned Date: , 2019, as corrected on , 2021. The Director of the Federal decommissioning of the VOR portion of 30, 2019 (ADAMS Accession No. Register approves this incorporation by the Marion, IL, VOR/DME NAVAID. ML19109A122); further corrected reference action under 1 CFR part 51, Interested parties were invited to December 23, 2019 (ADAMS Accession subject to the annual revision of FAA participate in this rulemaking effort by No. ML19343B156). Order 7400.11 and publication of submitting written comments on the Amendment Number 14 Effective conforming amendments. proposal. No comments were received. Date: , 2019, as corrected Subsequent to the NPRM, the FAA (ADAMS Accession No. ML19343B287). ADDRESSES: FAA Order 7400.11E, published a NPRM correction for Docket Amendment Number 15 Effective Airspace Designations and Reporting No. FAA–2020–0944 in the Federal Date: June 14, 2021. Points, and subsequent amendments can Register (85 FR 72612; , Safety Analysis Report (SAR) be viewed online at https:// 2020), correcting the airspace docket Submitted by: Holtec International. www.faa.gov/air_traffic/publications/. number for this action that was SAR Title: Final Safety Analysis For further information, you can contact published in the NPRM. The correction Report for the HI–STORM 100 Cask the Rules and Regulations Group, changed all of the airspace docket System. Federal Aviation Administration, 800 number references from ‘‘20–AGL–26’’ Docket Number: 72–1014. Independence Avenue SW, Washington, to ‘‘20–ACE–26.’’ The correct airspace Certificate Expiration Date: May 31, DC 20591; telephone: (202) 267–8783. docket number for this action is 20– 2020. The Order is also available for ACE–26 and is included in this rule. Model Number: HI–STORM 100. inspection at the National Archives and VOR Federal airways are published in * * * * * Records Administration (NARA). For paragraph 6010(a) and RNAV T-routes information on the availability of FAA are published in paragraph 6011 of FAA Dated this , 2021. Order 7400.11E at NARA, email: Order 7400.11E, dated , 2020, For the Nuclear Regulatory Commission. [email protected] or go to https:// and effective , 2020, which Margaret M. Doane, www.archives.gov/federal-register/cfr/ is incorporated by reference in 14 CFR Executive Director for Operations. ibr-locations.html. 71.1. The VOR Federal airways listed in [FR Doc. 2021–06330 Filed 3–26–21; 8:45 am] this document will be subsequently FOR FURTHER INFORMATION CONTACT: BILLING CODE 7590–01–P published in the Order. Colby Abbott, Rules and Regulations Group, Office of Policy, Federal Availability and Summary of Aviation Administration, 800 Documents for Incorporation by DEPARTMENT OF TRANSPORTATION Independence Avenue SW, Washington, Reference Federal Aviation Administration DC 20591; telephone: (202) 267–8783. This document amends FAA Order 7400.11E, Airspace Designations and SUPPLEMENTARY INFORMATION: 14 CFR Part 71 Reporting Points, dated July 21, 2020, Authority for This Rulemaking and effective September 15, 2020. FAA [Docket No. FAA–2020–0944; Airspace Order 7400.11E is publicly available as Docket No. 20–ACE–26] The FAA’s authority to issue rules listed in the ADDRESSES section of this regarding aviation safety is found in RIN 2120–AA66 document. FAA Order 7400.11E lists Title 49 of the United States Code. Class A, B, C, D, and E airspace areas, Amendment of V–67, V–190, and V– Subtitle I, Section 106 describes the air traffic service routes, and reporting 429; Establishment of T–312; and authority of the FAA Administrator. points. Subtitle VII, Aviation Programs, Revocation of V–125 and V–335 in the The Rule Vicinity of Marion, IL describes in more detail the scope of the agency’s authority. This rulemaking is The FAA is amending 14 CFR part 71 AGENCY: Federal Aviation promulgated under the authority by modifying VOR Federal airways V– Administration (FAA), DOT. described in Subtitle VII, Part A, 67, V–190, and V–429; establishing ACTION: Final rule. Subpart I, Section 40103. Under that RNAV route T–312; and removing VOR section, the FAA is charged with Federal airways V–125 and V–335. The SUMMARY: This action amends VHF prescribing regulations to assign the use planned decommissioning of the VOR Omnidirectional Range (VOR) Federal of the airspace necessary to ensure the portion of the Marion, IL, VOR/DME airways V–67, V–190, and V–429; safety of aircraft and the efficient use of NAVAID has made this action establishes Area Navigation (RNAV) airspace. This regulation is within the necessary. route T–312; and removes VOR Federal scope of that authority as it modifies the The VOR Federal airway changes are airways V–125 and V–335 in the route structure as necessary to preserve outlined below. vicinity of Marion, IL. The Air Traffic the safe and efficient flow of air traffic V–67: V–67 extends between the Choo Service (ATS) route modifications are within the National Airspace System. Choo, TN, VOR/Tactical Air Navigation

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