List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed Amendment No. 17, 74068-74070 [2023-23452]
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74068
Proposed Rules
Federal Register
Vol. 88, No. 208
Monday, October 30, 2023
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–2022–0188]
RIN 3150–AK89
List of Approved Spent Fuel Storage
Casks: Holtec International HI–STORM
100 Cask System, Certificate of
Compliance No. 1014, Renewed
Amendment No. 17
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its spent fuel regulations by
revising the Holtec International HI–
STORM 100 Cask System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Renewed Amendment
No. 17 to Certificate of Compliance No.
1014. Because this amendment is
subsequent to the renewal of the HI–
STORM 100 Cask System Certificate of
Compliance No. 1014 and, therefore,
subject to the Aging Management
Program requirements of the renewed
certificate, NRC is referring to it as
‘‘Renewed Amendment No. 17.’’
Renewed Amendment No. 17 updates
the HI–STORM 100 Cask System
description in the certificate of
compliance to indicate that only the
portions of the components that contact
the pool water need to be made of
stainless steel or aluminum. This
amendment also includes minor
editorial and formatting changes to the
technical specifications that do not
change the substantive technical
information of the certificate of
compliance.
DATES: Submit comments by November
29, 2023. 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: Submit your comments,
identified by Docket ID NRC–2022–
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SUMMARY:
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0188, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
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:
Kristina Banovac, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–7116, email:
Kristina.Banovac@nrc.gov; and Irene
Wu, Office of Nuclear Material Safety
and Safeguards, telephone: 301–415–
1951, email: Irene.Wu@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
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2022–
0188 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 NRC–2022–0188. Address
questions about NRC dockets to Dawn
Forder, telephone: 301–415–3407,
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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: 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, Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2022–
0188 in your comment submission. The
NRC requests that you submit comments
through the Federal rulemaking website
at https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
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
January 16, 2024. However, if the NRC
E:\FR\FM\30OCP1.SGM
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Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Proposed Rules
receives any significant adverse
comment by November 29, 2023, 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 in a
subsequent final rule. In general, 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 a more detailed discussion of the
proposed rule changes and associated
analyses, 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, states
that ‘‘[t]he 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 ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under Section 219(a) [sic:
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 that 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 May 1, 2000 (65 FR 25241),
that approved the HI–STORM 100 Cask
System design and added it to the list
of NRC-approved cask designs in
§ 72.214 as Certificate of Compliance
No. 1014.
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 as indicated.
ADAMS accession No./
Federal Register citation
khammond on DSKJM1Z7X2PROD with PROPOSALS
Document
Holtec International, Submittal of Application for Amendment 17 to HI–STORM 100 Cask System Certificate of
Compliance No. 1014, dated July 30, 2021.
User Need Memorandum for Amendment No. 17 to HI–STORM 100 Cask System, dated August 23, 2022 ............
Corrected User Need Memorandum for Amendment No. 17 to HI–STORM 100 Cask System, dated December 19,
2022.
Proposed Certificate of Compliance No. 1014, Amendment No. 17 .............................................................................
Preliminary Safety Evaluation Report for the HI–STORM 100 Cask System: Certificate of Compliance No. 1014,
Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix C: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix D: Technical Specifications for the HI–STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–STORM 100
Cask System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–STORM 100
Cask System Amendment No. 17.
Final Rule, ‘‘Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,’’ published July 18,
1990.
Final Rule, ‘‘List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition,’’ published May 1, 2000
Revision to Policy Statement, ‘‘Agreement State Program Policy Statement; Correction,’’ published October 18,
2017.
Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 ................................
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ML21211A603 (package).
ML22175A087.
ML22313A038.
ML22175A085.
ML22175A086.
ML22175A079.
ML22175A080.
ML22175A081.
ML22175A082.
ML22175A083.
ML22175A084.
55 FR 29181.
65 FR 25241.
82 FR 48535.
63 FR 31885.
74070
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Proposed Rules
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–2022–0188. In
addition, the Federal rulemaking
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2022–0188); (2) click the ‘‘Subscribe’’
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
Dated: October 11, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023–23452 Filed 10–27–23; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 73
[NRC–2023–0172]
Draft Regulatory Guide: Preemption
Authority, Enhanced Weapons
Authority, and Firearms Background
Checks
I. Obtaining Information and
Submitting Comments
Nuclear Regulatory
Commission.
ACTION: Draft guide; request for
comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment a draft Regulatory Guide (DG),
DG–5081, ‘‘Preemption Authority,
Enhanced Weapons Authority, and
Firearms Background Checks.’’ This
DG–5081 is proposed Revision 1 of
Regulatory Guide (RG) 5.86 of the same
name. This DG provides an approach
acceptable to the NRC staff for use by
licensees under NRC regulations,
‘‘Physical Protection of Plants and
Materials,’’ regarding stand-alone
preemption authority, combined
preemption authority and enhanced
weapons authority, and firearms
background checks.
DATES: Submit comments by December
14, 2023. 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;
however, the NRC encourages electronic
comment submission through the
Federal rulemaking website:
• Federal rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2023–0172. Address
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
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18:23 Oct 27, 2023
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questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individuals listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
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: Phil
Brochman, Office of Nuclear Security
and Incident Response, telephone: 301–
287–3691; email: Phil.Brochman@
nrc.gov, or Stanley Gardocki, Office of
Nuclear Regulatory Research, telephone:
301–415–1067; email:
Stanley.Gardocki@nrc.gov. Both are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
A. Obtaining Information
Please refer to Docket ID NRC–2023–
0172 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–2023–0172.
• 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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. DG–5081,
‘‘Preemption Authority, Enhanced
Weapons Authority, and Firearms
Background Checks,’’ and its associated
regulatory analysis are available in
ADAMS under Accession No.
ML23198A185 and ML23200A284,
respectively.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
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.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2023–0172 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. Additional Information
The NRC is issuing for public
comment a DG in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe methods that are
acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, to explain
techniques that the staff uses in
evaluating specific issues or postulated
events, and to describe information that
the staff needs in its review of
applications for permits and licenses.
The DG, entitled ‘‘Preemption
Authority, Enhanced Weapons
Authority, and Firearms Background
Checks,’’ is temporarily identified by its
task number, DG–5081.
Proposed Revision 1 to RG 5.86 is
being revised on a limited-scope basis to
provide additional guidance on
preemption authority, enhanced
weapons authority, and firearms
background checks. These new
requirements are part of the NRC’s final
rule, titled ‘‘Enhanced Weapons,
Firearms Background Checks, and
Security Event Notifications’’ (hereafter
the Enhanced Weapons rule), that was
published in the Federal Register on
E:\FR\FM\30OCP1.SGM
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Agencies
[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Proposed Rules]
[Pages 74068-74070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23452]
========================================================================
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. 88 , No. 208 / Monday, October 30, 2023 /
Proposed Rules
[[Page 74068]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2022-0188]
RIN 3150-AK89
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewed
Amendment No. 17
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel regulations by revising the Holtec International
HI-STORM 100 Cask System listing within the ``List of approved spent
fuel storage casks'' to include Renewed Amendment No. 17 to Certificate
of Compliance No. 1014. Because this amendment is subsequent to the
renewal of the HI-STORM 100 Cask System Certificate of Compliance No.
1014 and, therefore, subject to the Aging Management Program
requirements of the renewed certificate, NRC is referring to it as
``Renewed Amendment No. 17.'' Renewed Amendment No. 17 updates the HI-
STORM 100 Cask System description in the certificate of compliance to
indicate that only the portions of the components that contact the pool
water need to be made of stainless steel or aluminum. This amendment
also includes minor editorial and formatting changes to the technical
specifications that do not change the substantive technical information
of the certificate of compliance.
DATES: Submit comments by November 29, 2023. 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: Submit your comments, identified by Docket ID NRC-2022-0188,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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: Kristina Banovac, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-7116, email:
[email protected]; and Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-1951, 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
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2022-0188 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 NRC-2022-0188. Address
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407,
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. 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: 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
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
Please include Docket ID NRC-2022-0188 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
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 January 16,
2024. However, if the NRC
[[Page 74069]]
receives any significant adverse comment by November 29, 2023, 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
in a subsequent final rule. In general, 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 a more detailed discussion of the proposed rule changes and
associated analyses, 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,
states that ``[t]he 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 ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under Section 219(a) [sic: 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 that 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
May 1, 2000 (65 FR 25241), that approved the HI-STORM 100 Cask System
design and added it to the list of NRC-approved cask designs in Sec.
72.214 as Certificate of Compliance No. 1014.
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 as indicated.
----------------------------------------------------------------------------------------------------------------
Document ADAMS accession No./ Federal Register citation
----------------------------------------------------------------------------------------------------------------
Holtec International, Submittal of Application for ML21211A603 (package).
Amendment 17 to HI-STORM 100 Cask System Certificate of
Compliance No. 1014, dated July 30, 2021.
User Need Memorandum for Amendment No. 17 to HI-STORM 100 ML22175A087.
Cask System, dated August 23, 2022.
Corrected User Need Memorandum for Amendment No. 17 to HI- ML22313A038.
STORM 100 Cask System, dated December 19, 2022.
Proposed Certificate of Compliance No. 1014, Amendment No. ML22175A085.
17.
Preliminary Safety Evaluation Report for the HI-STORM 100 ML22175A086.
Cask System: Certificate of Compliance No. 1014, Amendment
No. 17.
Proposed Certificate of Compliance No. 1014 Appendix A: ML22175A079.
Technical Specifications for the HI-STORM 100 Cask System
Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix B: ML22175A080.
Technical Specifications for the HI-STORM 100 Cask System
Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix C: ML22175A081.
Technical Specifications for the HI-STORM 100 Cask System
Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix D: ML22175A082.
Technical Specifications for the HI-STORM 100 Cask System
Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix A- ML22175A083.
100U: Technical Specifications for the HI-STORM 100 Cask
System Amendment No. 17.
Proposed Certificate of Compliance No. 1014 Appendix B- ML22175A084.
100U: Technical Specifications for the HI-STORM 100 Cask
System Amendment No. 17.
Final Rule, ``Storage of Spent Fuel in NRC-Approved Storage 55 FR 29181.
Casks at Power Reactor Sites,'' published July 18, 1990.
Final Rule, ``List of Approved Spent Fuel Storage Casks: 65 FR 25241.
Holtec HI-STORM 100 Addition,'' published May 1, 2000.
Revision to Policy Statement, ``Agreement State Program 82 FR 48535.
Policy Statement; Correction,'' published October 18, 2017.
Presidential Memorandum, ``Plain Language in Government 63 FR 31885.
Writing,'' published June 10, 1998.
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[[Page 74070]]
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-2022-0188. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2022-0188); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
Dated: October 11, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-23452 Filed 10-27-23; 8:45 am]
BILLING CODE 7590-01-P