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.

Proposed Rules Federal Register

74068 

Vol. 88, No. 208 

Monday, October 30, 2023 

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: 

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) 

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 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 88, No. 208 / Monday, October 30, 2023 / Proposed Rules 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-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. 

Document ADAMS accession No./ 

Federal Register citation 

Holtec International, Submittal of Application for Amendment 17 to HI–STORM 100 Cask System Certificate of 

Compliance No. 1014, dated July 30, 2021.

ML21211A603 (package). 

User Need Memorandum for Amendment No. 17 to HI–STORM 100 Cask System, dated August 23, 2022 ............ ML22175A087. 

Corrected User Need Memorandum for Amendment No. 17 to HI–STORM 100 Cask System, dated December 19, 

2022.

ML22313A038. 

Proposed Certificate of Compliance No. 1014, Amendment No. 17 ............................................................................. ML22175A085. 

Preliminary Safety Evaluation Report for the HI–STORM 100 Cask System: Certificate of Compliance No. 1014, 

Amendment No. 17.

ML22175A086. 

Proposed Certificate of Compliance No. 1014 Appendix A: Technical Specifications for the HI–STORM 100 Cask 

System Amendment No. 17.

ML22175A079. 

Proposed Certificate of Compliance No. 1014 Appendix B: Technical Specifications for the HI–STORM 100 Cask 

System Amendment No. 17.

ML22175A080. 

Proposed Certificate of Compliance No. 1014 Appendix C: Technical Specifications for the HI–STORM 100 Cask 

System Amendment No. 17.

ML22175A081. 

Proposed Certificate of Compliance No. 1014 Appendix D: Technical Specifications for the HI–STORM 100 Cask 

System Amendment No. 17.

ML22175A082. 

Proposed Certificate of Compliance No. 1014 Appendix A–100U: Technical Specifications for the HI–STORM 100 

Cask System Amendment No. 17.

ML22175A083. 

Proposed Certificate of Compliance No. 1014 Appendix B–100U: Technical Specifications for the HI–STORM 100 

Cask System Amendment No. 17.

ML22175A084. 

Final Rule, ‘‘Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,’’ published July 18, 

1990.

55 FR 29181. 

Final Rule, ‘‘List of Approved Spent Fuel Storage Casks: Holtec HI–STORM 100 Addition,’’ published May 1, 2000 65 FR 25241. 

Revision to Policy Statement, ‘‘Agreement State Program Policy Statement; Correction,’’ published October 18, 

2017.

82 FR 48535. 

Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 ................................ 63 FR 31885. 


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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 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft guide; request for 

comment. 

SUMMARY: 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 

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: 

I. Obtaining Information and 

Submitting Comments 

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 

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 


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