[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
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 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 
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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.

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

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.

----------------------------------------------------------------------------------------------------------------
                          Document                              ADAMS accession No./ Federal Register citation
----------------------------------------------------------------------------------------------------------------
``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.
----------------------------------------------------------------------------------------------------------------

    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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