List of Approved Spent Fuel Storage Casks: Holtec International Storage, Transport and Repository (HI-STAR) 100 Storage System, Certificate of Compliance No. 1008, Amendment No. 3, 43729-43731 [2019-18108]

Download as PDF 43729 Proposed Rules Federal Register Vol. 84, No. 163 Thursday, August 22, 2019 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2019–0126] RIN 3150–AK35 List of Approved Spent Fuel Storage Casks: Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Certificate of Compliance No. 1008, Amendment No. 3 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the Holtec International Storage, Transport and Repository 100 Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 3 to Certificate of Compliance No. 1008. Amendment No. 3 revises the technical specifications to: Include multipurpose canister (MPC)-32 for storage of pressurized-water reactor spent fuel in the Holtec International HI–STAR 100 Storage System; include the Metamic neutron absorber for MPC–32, MPC–24, and MPC–68; credit the soluble boron in criticality analyses for both MPC–32 and MPC–24; incorporate standard system features and ancillaries such as the forced helium dehydration; allow for horizontal storage of the casks; provide updated drawings; and revise the MPC design pressure for accident condition to 200 pounds per square inch gauge. Amendment No. 3 also makes other administrative changes to the technical specifications. DATES: Submit comments by September 23, 2019. 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. ADDRESSES: You may submit comments by any of the following methods: SUMMARY: VerDate Sep<11>2014 16:22 Aug 21, 2019 Jkt 247001 • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0126. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@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. • Fax Comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail Comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand Deliver Comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. 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: Bernard H. White, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–6577; email: Bernard.White@nrc.gov or Solomon Sahle, Office of Nuclear Material Safety and Safeguards; telephone: 301–415– 3781; email: Solomon.Sahle@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 II. Background IV. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2019– 0126 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: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0126. • 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. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2019– 0126 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 before making the comment submissions available to the public or entering the comment into ADAMS. II. Rulemaking Procedure Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently with a direct final rule in the Rules and Regulations section of this issue of the Federal Register. The direct final rule will become effective on November 5, 2019. However, if the NRC E:\FR\FM\22AUP1.SGM 22AUP1 43730 Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Proposed Rules receives significant adverse comments on this proposed rule by September 23, 2019, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments received in response to these proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn. 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. For procedural information and the regulatory analysis, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register. III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that ‘‘the 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 ‘‘[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section [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 which 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 September 3, 1999, that approved the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System design and added it to the list of NRC-approved cask designs provided in § 72.214 as Certificate of Compliance No. 1008 (64 FR 48259). IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, 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). The NRC requests comment on the proposed rule with respect to clarity and effectiveness of the language used. V. 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. ADAMS accession No. Document Holtec International, Submittal of Certificate of Compliance Amendment Request (1008–3), dated September 25, 2015 ........... Holtec International, Certificate of Compliance Amendment 1008–3—Summary of Proposed Changes, dated September 25, 2015. Holtec International, Certificate of Compliance Amendment 1008–3—Revision 4 of the HI–STAR Final Safety Analysis Report, dated September 25, 2015. Holtec International, Certificate of Compliance Amendment 1008–3—Final Safety Analysis Report on HI–STAR 100 MPC Storage System, dated September 25, 2015. Certificate of Compliance for Spent Fuel Storage Casks, NRC Form 561, dated September 25, 2015 ........................................ Certificate of Compliance No. 1008, Appendix A, Technical Specifications for the HI–STAR 100 Cask System, Amendment 3, dated September 25, 2015. Certificate of Compliance No. 1008, Appendix B, Approved Contents and Design Features for the HI–STAR 100 Cask System, Amendment 3, dated September 25, 2015. Holtec International—Supplemental Information for HI–STAR 100 System, Amendment Request (1008–3), dated January 15, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 1—Request for Additional Information Responses on HI–STAR 100—Nonproprietary, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 3—HI–STAR 100 Certificate of Compliance Appendix A Request for Additional Information Markup, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 4—HI–STAR 100 Certificate of Compliance Appendix B Request for Additional Information Markup, dated April 29, 2016. Submittal of Response to Request for Additional Information for Revision Request (1008–3) to HI–STAR 100 Certificate of Compliance, Attachment 5—Final Safety Analysis Report Changed Pages, dated April 29, 2016. VerDate Sep<11>2014 16:22 Aug 21, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1 ML15280A182. ML15280A219. ML15280A220. ML15280A223. ML15280A224. ML15280A225. ML15280A222. ML16041A041. ML16133A503. ML16133A509. ML16133A511. ML16133A512. ML16133A513. Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Proposed Rules ADAMS accession No. Document Holtec International Submittal of Responses to NRC’s 2nd Round Requests for Additional Information for HI–STAR 100 Amendment Number 3, dated December 15, 2017. Holtec International—Submittal of Supplemental Changes for HI–STAR 100 Certificate of Compliance Amendment Request 1008–3, dated July 2, 2018. Holtec International—Supplemental Changes for HI–STAR 100 Certificate of Compliance Amendment Request 1008–3, dated July 2, 2018. Holtec International—HI–STAR 100 Amendment Request (1008–3), Removal of Preferential Fuel Loading Requirement from Certificate of Compliance, dated February 6, 2019. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 1: Proposed Certificate of Compliance No. 1008, Amendment No. 3. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 2: Proposed Technical Specifications Appendix A. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 3: Proposed Technical Specifications Appendix B. User Need for Rulemaking for Amendment No. 3 to the Holtec International Storage, Transport and Repository (HI–STAR) 100 Storage System, Enclosure 4: Preliminary Safety Evaluation Report. 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–2019–0126. 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–2019–0126); (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). DEPARTMENT OF ENERGY List of Subjects in 10 CFR Part 72 AGENCY: Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. Dated at Rockville, Maryland, this 9th day of August, 2019. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2019–18108 Filed 8–21–19; 8:45 am] BILLING CODE 7590–01–P 10 CFR Part 431 [EERE–2018–BT–STD–0003] Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Public Meetings for the Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps Working Group To Negotiate a Notice of Proposed Rulemaking for Test Procedures and Energy Conservation Standards Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy. ACTION: Notice of public meetings and webinars. SUMMARY: The U.S. Department of Energy (DOE or the Department) announces public meetings and webinars for the variable refrigerant flow multi-split air conditioners and heat pumps (VRF multi-split systems) working group. The Federal Advisory Committee Act (FACA) requires that agencies publish notice of an advisory committee meeting in the Federal Register. DATES: See the SUPPLEMENTARY INFORMATION section for meeting dates. The next several rounds of public meetings will be held at multiple locations. Please see the SUPPLEMENTARY INFORMATION section to find the address for each date. Please see the Public Participation section of this notice for additional information on attending the public meeting, including webinar registration information, participant instructions, and information about the capabilities available to webinar participants. ADDRESSES: Mr. John Cymbalsky, U.S. Department of FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 16:22 Aug 21, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 43731 Sfmt 4702 ML17360A162. ML18183A448. ML18183A449. ML19037A152. ML19137A303. ML19137A300. ML19137A301. ML19137A302. Energy, Office of Building Technologies (EE–5B), 950 L’Enfant Plaza SW, Washington, DC 20024. Telephone: 202–287–1692. Email: ASRAC@ ee.doe.gov. SUPPLEMENTARY INFORMATION: On January 10, 2018, the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) met and passed the recommendation to form a VRF multi-split systems working group to meet and discuss and, if possible, reach a consensus on proposed Federal test procedures and standards for VRF multi-split systems. On April 11, 2018, DOE published a notice of intent to establish a working group for VRF multi-split systems to negotiate a notice of proposed rulemaking for test procedures and energy conservations standards. The notice also solicited nominations for membership to the working group. 83 FR 15514. This notice announces the next series of meetings for this working group. DOE will host a public meeting and webinar on the following dates: • Thursday, September 19, 2019 from 9:00 a.m. to 5:00 p.m. at National Renewable Energy Laboratory, 901 D Street SW, Suite 930, Washington, DC 20024. • Friday, September 20, 2019 from 9:00 a.m. to 1:00 p.m. at National Renewable Energy Laboratory, 901 D Street SW, Suite 930, Washington, DC 20024. • Wednesday, October 9, 2019 from 9:00 a.m. to 5:00 p.m. at National Renewable Energy Laboratory, 901 D Street SW, Suite 930, Washington, DC 20024. • Thursday, October 10, 2019 from 9:00 a.m. to 3:00 p.m. at National Renewable Energy Laboratory, 901 D Street SW, Suite 930, Washington, DC 20024. • Wednesday, October 23, 2019 from 9:00 a.m. to 5:00 p.m. at U.S. E:\FR\FM\22AUP1.SGM 22AUP1

Agencies

[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Proposed Rules]
[Pages 43729-43731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18108]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / 
Proposed Rules

[[Page 43729]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2019-0126]
RIN 3150-AK35


List of Approved Spent Fuel Storage Casks: Holtec International 
Storage, Transport and Repository (HI-STAR) 100 Storage System, 
Certificate of Compliance No. 1008, Amendment No. 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage regulations by revising the Holtec 
International Storage, Transport and Repository 100 Storage System 
listing within the ``List of approved spent fuel storage casks'' to 
include Amendment No. 3 to Certificate of Compliance No. 1008. 
Amendment No. 3 revises the technical specifications to: Include 
multipurpose canister (MPC)-32 for storage of pressurized-water reactor 
spent fuel in the Holtec International HI-STAR 100 Storage System; 
include the Metamic neutron absorber for MPC-32, MPC-24, and MPC-68; 
credit the soluble boron in criticality analyses for both MPC-32 and 
MPC-24; incorporate standard system features and ancillaries such as 
the forced helium dehydration; allow for horizontal storage of the 
casks; provide updated drawings; and revise the MPC design pressure for 
accident condition to 200 pounds per square inch gauge. Amendment No. 3 
also makes other administrative changes to the technical 
specifications.

DATES: Submit comments by September 23, 2019. 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.

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-2019-0126. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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.
     Fax Comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail Comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand Deliver Comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    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: Bernard H. White, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6577; email: 
[email protected] or Solomon Sahle, Office of Nuclear Material 
Safety and Safeguards; telephone: 301-415-3781; 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
II. Background
IV. Plain Writing
V. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2019-0126 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-2019-0126.
     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.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2019-0126 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 before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

    Because the NRC considers this action to be non-controversial, the 
NRC is publishing this proposed rule concurrently with a direct final 
rule in the Rules and Regulations section of this issue of the Federal 
Register. The direct final rule will become effective on November 5, 
2019. However, if the NRC

[[Page 43730]]

receives significant adverse comments on this proposed rule by 
September 23, 2019, then the NRC will publish a document that withdraws 
the direct final rule. If the direct final rule is withdrawn, the NRC 
will address the comments received in response to these proposed 
revisions in a subsequent final rule. Absent significant modifications 
to the proposed revisions requiring republication, the NRC will not 
initiate a second comment period on this action in the event the direct 
final rule is withdrawn.
    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.
    For procedural information and the regulatory analysis, see the 
direct final rule published in the Rules and Regulations section of 
this issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``the 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 ``[the Commission] shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under section [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 which 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 
September 3, 1999, that approved the Holtec International Storage, 
Transport and Repository (HI-STAR) 100 Storage System design and added 
it to the list of NRC-approved cask designs provided in Sec.  72.214 as 
Certificate of Compliance No. 1008 (64 FR 48259).

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, 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). The NRC 
requests comment on the proposed rule with respect to clarity and 
effectiveness of the language used.

V. 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                       ADAMS  accession No.
------------------------------------------------------------------------
Holtec International, Submittal of        ML15280A182.
 Certificate of Compliance Amendment
 Request (1008-3), dated September 25,
 2015.
Holtec International, Certificate of      ML15280A219.
 Compliance Amendment 1008-3--Summary of
 Proposed Changes, dated September 25,
 2015.
Holtec International, Certificate of      ML15280A220.
 Compliance Amendment 1008-3--Revision 4
 of the HI-STAR Final Safety Analysis
 Report, dated September 25, 2015.
Holtec International, Certificate of      ML15280A223.
 Compliance Amendment 1008-3--Final
 Safety Analysis Report on HI-STAR 100
 MPC Storage System, dated September 25,
 2015.
Certificate of Compliance for Spent Fuel  ML15280A224.
 Storage Casks, NRC Form 561, dated
 September 25, 2015.
Certificate of Compliance No. 1008,       ML15280A225.
 Appendix A, Technical Specifications
 for the HI-STAR 100 Cask System,
 Amendment 3, dated September 25, 2015.
Certificate of Compliance No. 1008,       ML15280A222.
 Appendix B, Approved Contents and
 Design Features for the HI-STAR 100
 Cask System, Amendment 3, dated
 September 25, 2015.
Holtec International--Supplemental        ML16041A041.
 Information for HI-STAR 100 System,
 Amendment Request (1008-3), dated
 January 15, 2016.
Submittal of Response to Request for      ML16133A503.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, dated April
 29, 2016.
Submittal of Response to Request for      ML16133A509.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 1--Request for Additional Information
 Responses on HI-STAR 100--
 Nonproprietary, dated April 29, 2016.
Submittal of Response to Request for      ML16133A511.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 3--HI-STAR 100 Certificate of
 Compliance Appendix A Request for
 Additional Information Markup, dated
 April 29, 2016.
Submittal of Response to Request for      ML16133A512.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 4--HI-STAR 100 Certificate of
 Compliance Appendix B Request for
 Additional Information Markup, dated
 April 29, 2016.
Submittal of Response to Request for      ML16133A513.
 Additional Information for Revision
 Request (1008-3) to HI-STAR 100
 Certificate of Compliance, Attachment
 5--Final Safety Analysis Report Changed
 Pages, dated April 29, 2016.

[[Page 43731]]

 
Holtec International Submittal of         ML17360A162.
 Responses to NRC's 2nd Round Requests
 for Additional Information for HI-STAR
 100 Amendment Number 3, dated December
 15, 2017.
Holtec International--Submittal of        ML18183A448.
 Supplemental Changes for HI-STAR 100
 Certificate of Compliance Amendment
 Request 1008-3, dated July 2, 2018.
Holtec International--Supplemental        ML18183A449.
 Changes for HI-STAR 100 Certificate of
 Compliance Amendment Request 1008-3,
 dated July 2, 2018.
Holtec International--HI-STAR 100         ML19037A152.
 Amendment Request (1008-3), Removal of
 Preferential Fuel Loading Requirement
 from Certificate of Compliance, dated
 February 6, 2019.
User Need for Rulemaking for Amendment    ML19137A303.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 1:
 Proposed Certificate of Compliance No.
 1008, Amendment No. 3.
User Need for Rulemaking for Amendment    ML19137A300.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 2:
 Proposed Technical Specifications
 Appendix A.
User Need for Rulemaking for Amendment    ML19137A301.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 3:
 Proposed Technical Specifications
 Appendix B.
User Need for Rulemaking for Amendment    ML19137A302.
 No. 3 to the Holtec International
 Storage, Transport and Repository (HI-
 STAR) 100 Storage System, Enclosure 4:
 Preliminary Safety Evaluation Report.
------------------------------------------------------------------------

    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-2019-0126. 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-2019-0126); (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.

    Dated at Rockville, Maryland, this 9th day of August, 2019.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2019-18108 Filed 8-21-19; 8:45 am]
BILLING CODE 7590-01-P


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