Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices 84207 

72.212(b)(5)(i), 72.212(b)(11), 72.214, 

72.154(b), and 72.174 are applicable to 

CoC No. 1032, which was issued to 

Holtec. The condition of CoC No.1032, 

appendix B, technical specifications, 

section 3.3, ‘‘Codes and Standards,’’ 

specifies American Society of 

Mechanical Engineers (ASME) Boiler 

and Pressure Vessel (B&PV) Code, 2007 

Edition, as the governing B&PV Code for 

Holtec’s HI–STORM Flood/Wind (FW) 

Multi-Purpose Canister (MPC) Storage 

System, the dry cask spent fuel storage 

system in use at SQN ISFSI. The ASME 

B&PV Code requires that 100 percent of 

the weld seam joining shell-to-shell of 

the MPC be inspected by radiography 

test (RT) where RT is a form of nondestructive examination. 

The licensee loaded spent fuel in the 

HI–STORM FW dry cask storage system 

MPC Type 37 (MPC–37), Serial No. 234, 

for storage in the ISFSI at SQN under 

CoC No. 1032, Amendment No. 3, and 

its general license. During a review of 

manufacturer’s documents, the CoC 

holder identified that MPC–37 Serial 

No. 234 at SQN ISFSI has a longitudinal 

shell-to-shell weld for which no digital 

RT is available following a weld repair, 

which is inconsistent with the 

governing ASME B&PV code for this 

CoC system. When TVA was notified of 

this issue, MPC–37 Serial No. 234 was 

already put in use, and TVA registered 

it by letter dated February 24, 2022, 

entitled ‘‘Sequoyah Nuclear Plant 

Registration of Spent Fuel Storage Cask 

Pursuant to 10 CFR 72.212(b)(2).’’ TVA 

then submitted this exemption request 

to the NRC to allow continued storage 

of spent fuel in MPC–37 Serial No. 234 

for the service life of the canister at 

SQN, despite the non-compliance with 

the ASME B&PV code. 

Based on the NRC staff’s review of 

TVA’s analysis supporting the 

exemption request, the NRC staff 

determined that, pursuant to 10 CFR 

72.7, the exemption is authorized by 

law, will not endanger life or property 

or the common defense and security, 

and is otherwise in the public interest. 

Therefore, the NRC granted the licensee 

an exemption from the requirements of 

10 CFR 72.212(a)(2), 10 CFR 

72.212(b)(3), 10 CFR 72.212(b)(5)(i), 10 

CFR 72.212(b)(11), 10 CFR 72.214, 10 

CFR 72.154(b), and 10 CFR 72.174 with 

regard to: (1) meeting the requirement to 

repeat volumetric examination as 

required for the original weld on an 

approximately 7.5-inch portion of the 

repaired weld in conformance with 

section III, subsection NB, of the ASME 

B&PV Code, 2007 Edition, and (2) 

maintaining and having available 

documentary evidence of the test for the 

service life of the canister. The 

exemption allowed TVA to continue 

using MPC–37 Serial No. 234 to store 

spent fuel for the service life of the 

canister at SQN. All other relevant 

requirements of the CoC shall continue 

to be met. This exemption, including 

the supporting evaluation for issuance 

of it, can be found in the table as 

follows. 

II. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document description ADAMS Accession No. 

Issuance of Certificate of Compliance No. 1032, Amendment No. 3 for the HI–STORM Flood/Wind Multipurpose 

Canister Storage, dated August 9, 2017.

ML17214A040. 

Sequoyah Nuclear Plant—Registration of Spent Fuel Storage Cask Pursuant to 10 CFR 72.212(b)(2), dated February 24, 2022.ML22059B061. 

Sequoyah Nuclear Plant—Request for Exemption from Various 10 CFR part 72 Regulations Resulting from NonDestruction-Examination Compliance, dated August 4, 2022.ML22216A078. 

Sequoyah Nuclear Plant—Response to Request for Supplemental Information (D–RSI) Request for Exemption 

from Non-Destruction-Examination Compliance, dated December 19, 2022.

ML22353A066. 

Sequoyah Nuclear Plant—Response to Follow-up Questions to TVA’s Response to NRC’s Request for Supplemental Information (RSI) Related to August 4, 2022, Sequoyah ISFSI Exemption Request, dated April 27, 2023.ML23117A116. 

Sequoyah Nuclear Plant—Response to NRC’s November 8, 2023, Request for Additional Information—Related to 

Sequoyah Nuclear Plant Independent Spent Fuel Storage Installation, dated January 3, 2024.

ML24004A040. 

Issuance of Exemption Related to Non-Destructive Examination Compliance Regarding Sequoyah Nuclear Plant 

Independent Spent Fuel Storage Installation, dated September 18, 2024.

ML24185A172 (Package). 

Dated: October 15, 2024. 

For the Nuclear Regulatory Commission. 

Yoira Diaz-Sanabria, 

Chief, Storage and Transportation Licensing 

Branch, Division of Fuel Management, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2024–24191 Filed 10–18–24; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–7033; NRC–2024–0138] 

Global Laser Enrichment, LLC; 

Classified Matter Protection; 

Environmental Assessment and 

Finding of No Significant Impact 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) staff is considering 

approval of a revision by Global Laser 

Enrichment, LLC (GLE) to a Standard 

Practice Procedures Plan (SPPP) for the 

protection of classified matter. The 

revision would remove the Fuels 

Growth Engineering (FGE) facility and 

confirm the continued use of the 

classified matter controls implemented 

at the Test Loop facility. The NRC staff 

is issuing an environmental assessment 

(EA) and finding of no significant 

impact (FONSI) associated with the 

proposed plans. 

DATES: The EA and FONSI referenced in 

this document are available on October 

21, 2024. 

ADDRESSES: Please refer to Docket ID 

NRC–2024–0138 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2024–0138. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. 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 


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84208 Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

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. 

Individuals seeking access to Official 

Use Only information should contact 

Matthew Bartlett, using the contact 

information listed in the FOR FURTHER

INFORMATION CONTACT section. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Bartlett, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–7154; email: 

Matthew.Bartlett@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC staff is considering issuance 

of the approval of GLE’s SPPP. The 

proposed action would allow GLE to 

remove the FGE facility located in 

Wilmington, North Carolina from its 

SPPP while maintaining its other 

approved existing facilities. Approval of 

this update would allow GLE to 

discontinue maintaining its 

responsibilities under the SPPP at the 

FGE facility. Therefore, as required by 

section 51.21 of title 10 of the Code of 

Federal Regulations (10 CFR), ‘‘Criteria 

for and identification of licensing and 

regulatory actions requiring 

environmental assessments,’’ the NRC 

staff has prepared an EA that analyzes 

the environmental effects of the 

proposed action. Based on the results of 

the EA and in accordance with 10 CFR 

51.31(a), the NRC staff has prepared a 

FONSI for the proposed action. 

The NRC staff received the request 

from GLE for approval of the SPPP 

dated July 16, 2024, supplemented by 

letter dated September 12, 2024. The 

Federal Register notice of the NRC’s 

decision on the request is anticipated to 

be published in the near future and will 

be available on the Federal rulemaking 

website (https://www.regulations.gov) 

by searching for Docket ID NRC–2024– 

0138. 

II. Environmental Assessment 

Description of the Proposed Action 

The proposed action would allow 

GLE to remove the FGE facility from its 

SPPP and allow it to cease continuation 

of required security measures for the 

FGE facility. As proposed, GLE would 

continue to possess, use, and store 

classified matter at its test loop facility. 

Global Laser Enrichment, LLC operates 

a test loop for industrialization of the 

uranium enrichment process that uses 

separation of isotopes by laser 

excitation. Although GLE has an NRCissued facility security clearance for the 

test loop facility under 10 CFR part 95 

for protection of classified information, 

the facility’s operations, safety, and 

safeguards programs are authorized 

under the Global Nuclear Fuel— 

America, LLC, Special Nuclear License 

No. SNM–1097. 

Need for the Proposed Action 

The proposed action would allow 

GLE to cease operations at the FGE 

facility and discontinue security 

commitments at this facility under its 

previously approved SPPP. 

Environmental Impacts of the Proposed 

Action 

The NRC staff has assessed the 

potential environmental impacts from 

approval of GLE’s SPPP revision and 

concluded that there would be no 

effluent releases and that the proposed 

action would have no significant 

radiological or non-radiological impacts 

to environmental resources. 

The NRC staff assessed the impacts of 

the proposed action on land use; 

historical and cultural resources; visual 

and scenic resources; climatology, 

meteorology and air quality; geology, 

minerals, and soils; water resources; 

ecological resources; socioeconomics; 

noise; traffic and transportation; public 

and occupational health and safety; and 

waste management and concluded that 

the proposed action would have no 

significant environmental impacts on 

these resource areas. The NRC staff 

determined that there are no cumulative 

impacts associated with the proposed 

action. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

As an alternative to the proposed 

action, the staff considered denial of the 

proposed action (i.e., the ‘‘no-action’’ 

alternative). Under this alternative, GLE 

would have to continue to maintain the 

FGE facility in accordance with its 

previously approved SPPP.Denial of the 

proposed action would result in 

increased costs to GLE and increased 

consumption of resources while not 

providing benefits to the public or the 

environment. The NRC staff concluded 

that environmental impacts from the noaction alternative would not be 

significant. 

Agencies and Persons Consulted 

The Endangered Species Act (ESA) 

was enacted to prevent further decline 

of endangered and threatened species 

and restore those species and their 

critical habitat. Section 7 of the ESA 

requires Federal agencies to consult 

with the U.S. Fish and Wildlife Service 

or the National Marine Fisheries 

Service, as appropriate, regarding 

actions that may affect listed species or 

designated critical habitats. The NRC 

staff has determined that the proposed 

action would have no effect on 

threatened or endangered species or 

critical habitat. Therefore, consultation 

under section 7 of the ESA is not 

required. 

Section 106 of the National Historic 

Preservation Act (NHPA) requires 

Federal agencies to consider the effects 

of their undertakings on historic 

properties. As stated in the NHPA, 

historic properties are any prehistoric or 

historic district, site, building, structure, 

or object included in or eligible for 

inclusion in the National Register of 

Historic Places. The NRC staff has 

determined that the undertaking is a 

type of activity that does not have the 

potential to cause effects on any historic 

properties that may be present. 

Therefore, in accordance with 36 CFR 

800.3(a)(1), the NRC has no further 

obligations under section 106 of the 

NHPA. 

III. Finding of No Significant Impact 

GLE has requested approval of its 

SPPP revision. The NRC staff has 

prepared an EA as part of its review of 

the proposed action. The proposed 

action would have no significant 

radiological or non-radiological impacts 

to environmental resources. This FONSI 

incorporates by reference the EA in 

Section II of this notice. On the basis of 

this EA, the NRC staff concludes that 

the proposed action will not have a 

significant effect on the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement. 

IV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons in ADAMS. 


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Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices 84209 

Document description ADAMS 

accession No. 

Submission for Approval of the Standard Practice and Procedures Plan (SPPP) Revision for Global Laser Enrichment Headquarters, dated July 16, 2024.ML24199A106 

SPPP Update Revision, dated September 12, 2024 .......................................................................................................................... ML24261B962 

Dated: October 15, 2024. 

For the Nuclear Regulatory Commission. 

James Downs, 

Acting Chief, Fuel Facilities Licensing Branch, 

Division of Fuel Management, Office of 

Nuclear Material Safety and Safeguards. 

[FR Doc. 2024–24190 Filed 10–18–24; 8:45 am] 

BILLING CODE 7590–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

Approval of Special Withdrawal 

Liability Rules: Motion Picture 

Laboratory Technicians and Film 

Editors Local 780 Pension Fund 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Notice of approval. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (‘‘PBGC’’) received a 

request from the Motion Picture 

Laboratory Technicians and Film 

Editors Local 780 Pension Fund for 

approval of a plan amendment 

providing special withdrawal liability 

rules. PBGC published a Notice of 

Pendency of the Request for Approval of 

this amendment. PBGC is now advising 

the public of PBGC’s approval of the 

amendment. 

FOR FURTHER INFORMATION CONTACT: John 

Ginsberg, Assistant General Counsel, 

Multiemployer Law Division 

(ginsberg.john@pbgc.gov; 202–229– 

3714), Benjamin Kelly, Deputy Assistant 

General Counsel, Multiemployer Law 

Division (kelly.benjamin@pbgc.gov; 

202–229–4097), Office of the General 

Counsel, 445 12th Street SW, 

Washington, DC 20024–2101. If you are 

deaf or hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

Background 

The Employee Retirement Income 

Security Act of 1974, as amended 

(‘‘ERISA’’), provides, in section 4203(a), 

that a complete withdrawal from a 

multiemployer plan generally occurs 

when an employer permanently ceases 

to have an obligation to contribute 

under the plan or permanently ceases 

all covered operations under the plan. 

Under section 4205 of ERISA, a partial 

withdrawal generally occurs when an 

employer: (1) has a 70% decline in its 

contribution base units (‘‘CBUs’’); (2) 

permanently ceases to have an 

obligation under one or more but fewer 

than all collective bargaining 

agreements (‘‘CBAs’’) under which it 

has been obligated to contribute to the 

plan, while continuing to perform work 

in the jurisdiction of the CBA of the 

type for which contributions were 

previously required, or transfers such 

work to another location; or (3) 

permanently ceases to have an 

obligation to contribute for work 

performed at one or more but fewer than 

all of its facilities, while continuing to 

perform work at such facility of the type 

for which its obligation to contribute 

ceased. 

ERISA provides contingent 

exemptions from withdrawal liability 

for the building and construction 

industry and the entertainment 

industry. In plans to which the building 

and construction industry exemption 

under section 4203(b) of ERISA applies, 

a building and construction industry 

employer completely withdraws only if 

it ceases to have an obligation to 

contribute and continues to perform 

previously covered work in the 

jurisdiction of the CBA or resumes such 

work within 5 years without renewing 

the obligation to contribute at the time 

of resumption. (In the case of a plan 

terminated by mass withdrawal, section 

4203(b)(3) provides that the 5-year 

period is reduced to 3 years.) Section 

4203(c)(1) of ERISA provides a 

substantially similar exemption from 

complete withdrawal to an employer 

contributing to an entertainmentindustry plan on a temporary or projectby-project basis, except that the 

pertinent jurisdiction is the jurisdiction 

of the plan rather than the jurisdiction 

of the CBA. 

ERISA also provides a contingent 

exception to partial withdrawal liability 

for these industries. Under section 

4208(d)(1) of ERISA, an employer to 

which the building and construction 

industry exemption under section 

4203(b) applies is liable for a partial 

withdrawal ‘‘only if the employer’s 

obligation to contribute under the plan 

is continued for no more than an 

insubstantial portion of its work in the 

craft and area jurisdiction of the 

collective bargaining agreement of the 

type for which contributions are 

required.’’ Under section 4208(d)(2) of 

ERISA, ‘‘[a]n employer to whom section 

4203(c) (relating to the entertainment 

industry) applies shall have no liability 

for a partial withdrawal except under 

the conditions and to the extent 

prescribed by [PBGC] by regulation.’’ 

Sections 4203(f)(1) and 4208(e)(3) of 

ERISA authorize PBGC to prescribe 

regulations under which plans in other 

industries may be amended to adopt 

special withdrawal liability rules 

similar to those for the building and 

construction industry and the 

entertainment industry. PBGC’s 

regulations on Extension of Special 

Withdrawal Liability Rules (29 CFR part 

4203) prescribe procedures for a 

multiemployer plan to request PBGC 

approval of a special withdrawal 

liability rule. 

Under 29 CFR 4203.5(b), PBGC must 

publish notice of the pendency of a 

request for approval of special 

withdrawal liability rules in the Federal 

Register and provide interested parties 

an opportunity to comment on the 

request. Under 29 CFR 4203.5, PBGC 

will approve a special withdrawal 

liability rule if it determines the rule (1) 

will apply only to an industry that has 

characteristics that would make use of 

the special withdrawal rule appropriate, 

and (2) will not pose a significant risk 

to the insurance system. 

The Request 

The Motion Picture Laboratory 

Technicians and Film Editors Local 780 

Pension Fund (the ‘‘Plan’’) is a 

multiemployer pension plan jointly 

maintained by Local Union No. 780 of 

the International Alliance of Theatrical 

Stage Employees (the ‘‘Union’’) and 

employers that have CBAs with the 

Union. The Plan covers approximately 

2,000 participants. According to the 

Plan, most of the employers that 

contribute to the Plan have contracts or 

subcontracts to provide non-military 

support services at military bases and 

other federal facilities—mainly 

commissary services. 

On October 14, 2021, the Plan 

adopted an amendment to its plan 

document providing a special 

withdrawal liability rule (as revised by 

further amendment executed on June 6, 

2024, the ‘‘Special Rule’’). The 

effectiveness of the Special Rule is, by 

its terms and under 29 CFR 4203.3(a), 


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