[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Rules and Regulations]
[Pages 25271-25272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08789]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 /
Rules and Regulations
[[Page 25271]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2022-0109]
RIN 3150-AK86
List of Approved Spent Fuel Storage Casks: Holtec International
HI-STORM 100 Cask System, Certificate of Compliance No. 1014, Renewal
of Initial Certificate and Amendment Nos. 1 Through 15; Delay of
Effective Date
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; delay of effective date.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is delaying the
effective date of a direct final rule published in the Federal Register
on February 13, 2023. The direct final rule renews the initial
certificate (Amendment 0) and Amendment Nos. 1 through 15 of the Holtec
International HI-STORM 100 Certificate of Compliance No. 1014 for 40
years and revises the certificate of compliance's conditions and
technical specifications to address aging management activities related
to the structures, systems, and components important to safety of the
dry storage system to ensure that these will maintain their intended
functions during the period of extended storage operations. The delay
is necessary for the NRC to evaluate the public comments submitted on
the direct final rule.
DATES: The effective date of May 1, 2023, for the direct final rule
published February 13, 2023 (88 FR 9106), is delayed indefinitely. The
NRC will publish a subsequent document in the Federal Register either
announcing a new effective date or withdrawing the direct final rule.
ADDRESSES: Please refer to Docket ID NRC-2022-0109 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-2022-0109. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. 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 the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 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, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Maryland 20852. 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.
FOR FURTHER INFORMATION CONTACT: James Firth, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission;
Washington, DC 20555-0001; telephone: 301-415-6628; email:
[email protected].
SUPPLEMENTARY INFORMATION: On February 13, 2023, the NRC published a
direct final rule (88 FR 9106) and a companion proposed rule (88 FR
9195) amending its regulations in part 72 of title 10 of the Code of
Federal Regulations to revise the Holtec International HI-STORM 100
Cask System listing within the ``List of approved spent fuel storage
casks'' to renew the initial certificate (Amendment No. 0) and
Amendment Nos. 1 through 15 to Certificate of Compliance No. 1014. The
renewal of the initial certificate and Amendment Nos. 1 through 15 for
40 years revises the certificate of compliance's conditions and
technical specifications to address aging management activities related
to the structures, systems, and components important to safety of the
dry storage system to ensure that these will maintain their intended
functions during the period of extended storage operations.
In the direct final rule published on February 13, 2023 (88 FR
9106), the NRC stated that if no significant adverse comments were
received, the direct final rule would become effective on May 1, 2023.
In response to requests for extension of the public comment period, on
March 22, 2023, the NRC reopened the public comment period (88 FR
17164) until April 14, 2023. In total, the NRC received and docketed
eight comment submissions on the companion proposed rule (88 FR 9195;
February 13, 2023), that included requests for the NRC to extend the
public comment period. An electronic copy of the comment submissions
can be obtained from the Federal Rulemaking website https://www.regulations.gov under Docket ID NRC-2022-0109 and they are also
available in ADAMS using the Accession numbers shown in the table in
the Availability of Documents section.
In the direct final rule (88 FR 9106; February 13, 2023), the NRC
originally provided a 45-day period between the close of the public
comment period and the effective date of the direct final rule to allow
the NRC sufficient time to evaluate whether any of the comments
received are significant adverse comments and, if so, to prepare and
publish a withdrawal of the direct final rule. After reopening the
public comment period and receiving additional comments, the effective
date of May 1, 2023, will not allow the NRC sufficient time to evaluate
the comments.
Therefore, in order to provide the NRC with sufficient time to
consider whether any of the comments received are significant adverse
comments, the direct final rule will not become effective as scheduled.
The NRC will complete its evaluation of the public comments on the
direct final rule and will publish a subsequent notice indicating
either that the NRC is
[[Page 25272]]
moving forward with the direct final rule, and if so, providing a new
effective date, or that the NRC is withdrawing the direct final rule
and moving forward under the companion proposed rule (88 FR 9195;
February 13, 2023).
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.
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Document ADAMS accession No./ Federal Register citation
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``List of Approved Spent Fuel Storage Casks: Holtec 88 FR 9195.
International HI-STORM 100 Cask System, Certificate of
Compliance No. 1014, Renewal of Initial Certificate and
Amendment Nos. 1 Through 15''; Proposed rule (February 13,
2023).
``List of Approved Spent Fuel Storage Casks: Holtec 88 FR 9106.
International HI-STORM 100 Cask System, Certificate of
Compliance No. 1014, Renewal of Initial Certificate and
Amendment Nos. 1 Through 15''; Direct Final Rule:
Environmental Assessment and Final Finding of No
Significant Impact. (February 13, 2023).
``List of Approved Spent Fuel Storage Casks: Holtec 88 FR 17164.
International HI-STORM 100 Cask System, Certificate of
Compliance No. 1014, Renewal of Initial Certificate and
Amendment Nos. 1 Through 15''; Proposed rule; Reopening of
Comment Period. (March 22, 2023).
Comment (001) from Brian Gutherman on PR-72--List of ML23046A406.
Approved Spent Fuel Storage Casks: Holtec International HI-
STORM 100 Cask System, Certificate of Compliance No. 1014,
Renewal of Initial Certificate and Amendment Nos. 1
through 15.
Comment (002) from Renante Baniaga on PR-72--List of ML23046A407.
Approved Spent Fuel Storage Casks: Holtec International HI-
STORM 100 Cask System, Certificate of Compliance No. 1014,
Renewal of Initial Certificate and Amendment Nos. 1
through 15.
Comment (003) from Michael Ford on PR-72--List of Approved ML23073A116.
Spent Fuel Storage Casks: Holtec International HI-STORM
100 Cask System, Certificate of Compliance No. 1014,
Renewal of Initial Certificate and Amendment Nos. 1
through 15.
Comment (004) from Kalene Walker on PR-72--List of Approved ML23075A156.
Spent Fuel Storage Casks: Holtec International HI-STORM
100 Cask System, Certificate of Compliance No. 1014,
Renewal of Initial Certificate and Amendment Nos. 1
through 15.
Comment Period Extension Request from NIRS, et al. on PR- ML23073A095.
72--List of Approved Spent Fuel Storage Casks: Holtec
International HI-STORM 100 Cask System, Certificate of
Compliance No. 1014, Renewal of Initial Certificate and
Amendment Nos. 1 through 15.
Comment (005) from NIRS, et al. on PR-72--List of Approved ML23107A144.
Spent Fuel Storage Casks: Holtec International HI-STORM
100 Cask System, Certificate of Compliance No. 1014,
Renewal of Initial Certificate and Amendment Nos. 1
through 15.
Comment (006) from Michael Ford on PR-72--List of Approved ML23108A278.
Spent Fuel Storage Casks: Holtec International HI-STORM
100 Cask System, Certificate of Compliance No. 1014,
Renewal of Initial Certificate and Amendment Nos. 1
through 15.
Comment (007) from Kalene Walker on PR-72--List of Approved ML23108A279.
Spent Fuel Storage Casks: Holtec International HI-STORM
100 Cask System, Certificate of Compliance No. 1014,
Renewal of Initial Certificate and Amendment Nos. 1
through 15.
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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-2022-0109.
Dated: April 21, 2023.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial Support Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2023-08789 Filed 4-25-23; 8:45 am]
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