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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be reasonably assured.
When this direct final rule becomes effective, persons who hold a general license under 72.210 may, consistent with the license conditions under 72.212, load spent nuclear fuel into Holtec International HISTORM 100
Cask System casks that meet the criteria of Amendment No. 15 to Certificate of Compliance No. 1014.
V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 Pub. L.
104113 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 will revise the Holtec International HISTORM 100 Cask System design listed in 72.214, List of approved spent fuel storage casks. This action does not constitute the establishment of a standard that contains generally applicable requirements.
VI. Agreement State Compatibility Under the Agreement State Program Policy Statement approved by the 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 NRCAreas of Exclusive NRC
Regulatory Authority. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR chapter I.
Therefore, compatibility is not required for program elements in this category.
Although an Agreement State may not adopt program elements reserved to the NRC, and the Category NRC does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the particular States administrative procedure laws.
VII. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 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.

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VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRCs regulations in 10 CFR part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment, and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment.
A. The Action The action is to amend 72.214 to revise the Holtec International HI
STORM 100 Cask System listing within the List of approved spent fuel storage casks to include Amendment No. 15 to Certificate of Compliance No. 1014.
B. The Need for the Action This direct final rule amends the certificate of compliance for the Holtec International HISTORM 100 Cask System design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. Specifically, Amendment No. 15 amends the certificate of compliance as described in Section IV, Discussion of Changes, of this document, for the use of the Holtec International HISTORM 100 Cask System.
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. 15 tiers off of 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 HISTORM
100 Cask 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
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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 prevent loss of confinement, shielding, and criticality control in the event of each evaluated accident condition. If confinement, shielding, or 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. 15 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. 15
and not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into a Holtec International HISTORM 100 Cask System in accordance with the changes described in Amendment No. 15 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. 15 to Certificate of Compliance No. 1014

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