Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32919 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0050 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: 

• Federal rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0050. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

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. The 

supporting statement is available in 

ADAMS under Accession No. 

ML18127B276. 

• 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. 

• NRC’s Clearance Officer: A copy of 

the collection of information and related 

instructions may be obtained without 

charge by contacting the NRC’s 

Clearance Officer, David Cullison, 

Office of the Chief Information Officer, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–2084; email: 

INFOCOLLECTS.Resource@NRC.GOV. 

B. Submitting Comments 

The NRC cautions you not to include 

identifying or contact information in 

comment submissions that you do not 

want to be publicly disclosed in your 

comment submission. All comment 

submissions are posted at http://

www.regulations.gov and entered into 

ADAMS. Comment submissions are not 

routinely edited to remove identifying 

or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the OMB, 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 comment submissions are not 

routinely edited to remove such 

information before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Background 

Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the NRC recently 

submitted a request for renewal of an 

existing collection of information to 

OMB for review entitled, ‘‘10 CFR part 

140, Financial Protection Requirements 

and Indemnity Agreements.’’ The NRC 

hereby informs potential respondents 

that an agency may not conduct or 

sponsor, and that a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

The NRC published a Federal 

Register notice with a 60-day comment 

period on this information collection on 

April 10, 2018 (83 FR 15422). 

1. The title of the information 

collection: ‘‘10 CFR part 140, Financial 

Protection Requirements and Indemnity 

Agreements.’’ 

2. OMB approval number: 3150–0039. 

3. Type of submission: Revision. 

4. The form number, if applicable: 

N/A. 

5. How often the collection is required 

or requested: On occasion, as needed for 

applicants and licensees to meet their 

responsibilities called for in Sections 

170 and 193 of the Atomic Energy Act 

of 1954. 

6. Who will be required or asked to 

respond: Each applicant for or holder of 

a license issued under parts 50 or 54 of 

title 10 of the Code of Federal 

Regulations (10 CFR) to operate a 

nuclear reactor, or the applicant for or 

holder of a combined license issued 

under parts 52 or 54 of 10 CFR, as well 

as licensees authorized to possess and 

use plutonium in a plutonium 

processing and fuel fabrication plant. In 

addition, licensees authorized to 

construct and operate a uranium 

enrichment facility in accordance with 

parts 40 and 70 of 10 CFR. 

7. The estimated number of annual 

responses: 102. 

8. The estimated number of annual 

respondents: 102. 

9. The estimated number of hours 

needed annually to comply with the 

information collection requirement or 

request: 796. 

10. Abstract: 10 CFR part 140 

specifies the information to be 

submitted by licensees that enables the 

NRC to assess (a) financial protection 

required by licensees and for the 

indemnification and limitation of 

liability of certain licensees and other 

persons pursuant to Section 170 of the 

Atomic Energy Act of 1954, as amended, 

and (b) the liability insurance required 

of plutonium processing and fuel 

fabrication plants, as well as uranium 

enrichment facility licensees pursuant 

to Section 193 of the Atomic Energy Act 

of 1954, as amended. 

Dated at Rockville, Maryland, this 10th day 

of July, 2018. 

For the Nuclear Regulatory Commission. 

Kristen Benney, 

Acting NRC Clearance Officer, Office of the 

Chief Information Officer. 

[FR Doc. 2018–15080 Filed 7–13–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–1051; NRC–2018–0055] 

Holtec International’s HI–STORE 

Consolidated Interim Storage Facility 

for Interim Storage of Spent Nuclear 

Fuel 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: License application; 

opportunity to request a hearing and to 

petition for leave to intervene; order. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) received a license 

application from Holtec International 

(Holtec), by letter dated March 30, 2017, 

as supplemented on April 13, October 6, 

December 21, and 22, 2017; and 

February 22, 2018. By this application, 

Holtec is requesting authorization to 

construct and operate the HI–STORE 

Consolidated Interim Storage (CIS) 

Facility, in Lea County, New Mexico. If 

the NRC approves the application and 

issues a license to Holtec, Holtec 

intends to store up to 8,680 metric tons 

of uranium (MTU) of commercial spent 

nuclear fuel in the HI–STORM UMAX 

Canister Storage System for a 40-year 

license term. 

DATES: A request for a hearing or 

petition for leave to intervene must be 

filed by September 14, 2018. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0055 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0055. Address 

questions about NRC dockets to Jennifer 

Borges; telephone: 301–287–9127; 

email: Jennifer.Borges@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 


sradovich on DSK3GMQ082PROD with NOTICES
32920 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

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, the ADAMS 

accession numbers are provided in a 

table in the ‘‘Availability of Documents’’ 

section of this document. 

• 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. 

FOR FURTHER INFORMATION CONTACT: Jose 

R. Cuadrado, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

0606; email: Jose.Cuadrado@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC received an application from 

Holtec for a specific license pursuant to 

part 72 of title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Licensing 

Requirements for the Independent 

Storage of Spent Nuclear Fuel, HighLevel Radioactive Waste, and ReactorRelated Greater Than Class C Waste.’’ 

On March 19, 2018, notice of the NRC’s 

acceptance and docketing of the 

application and the public availability 

of the application was provided in the 

Federal Register (83 FR 12034). 

Holtec is proposing to construct and 

operate the HI–STORE Consolidated 

Interim Storage (CIS) Facility on a large 

parcel of presently unused land owned 

by the Eddy-Lea Energy Alliance 

(ELEA), LLC. The ELEA was formed in 

2006 in accordance with enabling 

legislation passed in New Mexico and 

consists of an alliance of the city of 

Carlsbad, Eddy County, the city of 

Hobbs, and Lea County. The proposed 

site for the CIS facility is located in 

southeastern New Mexico in Lea 

County, 32 miles east of Carlsbad, New 

Mexico, and 34 miles west of Hobbs, 

New Mexico. 

Holtec is proposing to construct and 

operate Phase 1 of the CIS facility 

within an approximately 1,040 acre 

parcel. Holtec is currently requesting 

authorization to possess and store 500 

canisters of spent nuclear fuel (SNF) 

containing up to 8,680 metric tons of 

uranium (MTUs), which includes spent 

uranium-based fuel from commercial 

nuclear reactors, as well as a small 

quantity of spent mixed-oxide fuel. If 

the NRC issues the requested license, 

Holtec expects to subsequently request 

additional amendments to the initial 

license to expand the storage capacity of 

the facility. In its plans, Holtec proposes 

expanding the facility in 19 subsequent 

expansion phases, each for an 

additional 500 canisters, to be 

completed over the course of 20 years. 

Ultimately, Holtec anticipates that 

approximately 10,000 canisters of SNF 

would be stored at the CIS facility upon 

completion of 20 phases. Each phase 

would require NRC review and 

approval. 

According to its application, Holtec 

intends to only use the HI–STORM 

UMAX Canister Storage System for 

storage of spent nuclear fuel canisters at 

the facility. The HI–STORM UMAX 

Canister Storage System stores the 

canister containing SNF entirely belowground, providing a clear, unobstructed 

view of the entire CIS facility from any 

location. 

II. Opportunity To Request a Hearing 

and Petition for Leave To Intervene 

Within 60 days after the date of 

publication of this notice, any person 

(petitioner) whose interest may be 

affected by this action may file a request 

for a hearing and petition for leave to 

intervene (petition) with respect to the 

action. Petitions shall be filed in 

accordance with the Commission’s 

‘‘Agency Rules of Practice and 

Procedure’’ in 10 CFR part 2. Interested 

persons should consult a current copy 

of 10 CFR part 2. The NRC’s regulations 

are accessible electronically from the 

NRC Library on the NRC’s website at 

http://www.nrc.gov/reading-rm/doccollections/cfr/. A copy of the 

regulations is also available at the NRC’s 

Public Document Room, located at One 

White Flint North, Room O1–F21, 11555 

Rockville Pike (First Floor), Rockville, 

Maryland 20852. If a petition is filed, 

the Commission or a presiding officer 

will rule on the petition and, if 

appropriate, a notice of a hearing will be 

issued. 

As required by 10 CFR 2.309(d) the 

petition should specifically explain the 

reasons why intervention should be 

permitted with particular reference to 

the following general requirements for 

standing: (1) The name, address, and 

telephone number of the petitioner; (2) 

the nature of the petitioner’s right under 

the Act to be made a party to the 

proceeding; (3) the nature and extent of 

the petitioner’s property, financial, or 

other interest in the proceeding; and (4) 

the possible effect of any decision or 

order which may be entered in the 

proceeding on the petitioner’s interest. 

In accordance with 10 CFR 2.309(f), 

the petition must also set forth the 

specific contentions which the 

petitioner seeks to have litigated in the 

proceeding. Each contention must 

consist of a specific statement of the 

issue of law or fact to be raised or 

controverted. In addition, the petitioner 

must provide a brief explanation of the 

bases for the contention and a concise 

statement of the alleged facts or expert 

opinion which support the contention 

and on which the petitioner intends to 

rely in proving the contention at the 

hearing. The petitioner must also 

provide references to the specific 

sources and documents on which the 

petitioner intends to rely to support its 

position on the issue. The petition must 

include sufficient information to show 

that a genuine dispute exists with the 

applicant or licensee on a material issue 

of law or fact. Contentions must be 

limited to matters within the scope of 

the proceeding. The contention must be 

one which, if proven, would entitle the 

petitioner to relief. A petitioner who 

fails to satisfy the requirements at 10 

CFR 2.309(f) with respect to at least one 

contention will not be permitted to 

participate as a party. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene. Parties have the opportunity 

to participate fully in the conduct of the 

hearing with respect to resolution of 

that party’s admitted contentions, 

including the opportunity to present 

evidence, consistent with the NRC’s 

regulations, policies, and procedures. 

Petitions must be filed no later than 

60 days from the date of publication of 

this notice. Petitions and motions for 

leave to file new or amended 

contentions that are filed after the 

deadline will not be entertained absent 

a determination by the presiding officer 

that the filing demonstrates good cause 

by satisfying the three factors in 10 CFR 

2.309(c)(1)(i) through (iii). The petition 

must be filed in accordance with the 

filing instructions in the ‘‘Electronic 

Submissions (E-Filing)’’ section of this 

document. 

A State, local governmental body, 

Federally-recognized Indian Tribe, or 

agency thereof, may submit a petition to 

the Commission to participate as a party 

under 10 CFR 2.309(h)(1). The petition 

should state the nature and extent of the 

petitioner’s interest in the proceeding. 

The petition should be submitted to the 

Commission no later than 60 days from 

the date of publication of this notice. 

The petition must be filed in accordance 


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with the filing instructions in the 

‘‘Electronic Submissions (E-Filing)’’ 

section of this document, and should 

meet the requirements for petitions set 

forth in this section. Alternatively, a 

State, local governmental body, 

Federally-recognized Indian Tribe, or 

agency thereof may participate as a nonparty under 10 CFR 2.315(c). 

If a hearing is granted, any person 

who is not a party to the proceeding and 

is not affiliated with or represented by 

a party may, at the discretion of the 

presiding officer, be permitted to make 

a limited appearance pursuant to the 

provisions of 10 CFR 2.315(a). A person 

making a limited appearance may make 

an oral or written statement of his or her 

position on the issues but may not 

otherwise participate in the proceeding. 

A limited appearance may be made at 

any session of the hearing or at any 

prehearing conference, subject to the 

limits and conditions as may be 

imposed by the presiding officer. Details 

regarding the opportunity to make a 

limited appearance will be provided by 

the presiding officer if such sessions are 

scheduled. 

III. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing and petition for 

leave to intervene (petition), any motion 

or other document filed in the 

proceeding prior to the submission of a 

request for hearing or petition to 

intervene, and documents filed by 

interested governmental entities that 

request to participate under 10 CFR 

2.315(c), must be filed in accordance 

with the NRC’s E-Filing rule (72 FR 

49139; August 28, 2007, as amended at 

77 FR 46562; August 3, 2012). The EFiling process requires participants to 

submit and serve all adjudicatory 

documents over the internet, or in some 

cases to mail copies on electronic 

storage media. Detailed guidance on 

making electronic submissions may be 

found in the Guidance for Electronic 

Submissions to the NRC and on the NRC 

website at http://www.nrc.gov/site-help/ 

e-submittals.html. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to (1) request a digital 

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

submissions and access the E-Filing 

system for any proceeding in which it 

is participating; and (2) advise the 

Secretary that the participant will be 

submitting a petition or other 

adjudicatory document (even in 

instances in which the participant, or its 

counsel or representative, already holds 

an NRC-issued digital ID certificate). 

Based upon this information, the 

Secretary will establish an electronic 

docket for the hearing in this proceeding 

if the Secretary has not already 

established an electronic docket. 

Information about applying for a 

digital ID certificate is available on the 

NRC’s public website at http://

www.nrc.gov/site-help/e-submittals/ 

getting-started.html. Once a participant 

has obtained a digital ID certificate and 

a docket has been created, the 

participant can then submit 

adjudicatory documents. Submissions 

must be in Portable Document Format 

(PDF). Additional guidance on PDF 

submissions is available on the NRC’s 

public website at http://www.nrc.gov/ 

site-help/electronic-sub-ref-mat.html. A 

filing is considered complete at the time 

the document is submitted through the 

NRC’s E-Filing system. To be timely, an 

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. Eastern Time on the due date. 

Upon receipt of a transmission, the EFiling system time-stamps the document 

and sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before adjudicatory 

documents are filed so that they can 

obtain access to the documents via the 

E-Filing system. 

A person filing electronically using 

the NRC’s adjudicatory E-Filing system 

may seek assistance by contacting the 

NRC’s Electronic Filing Help Desk 

through the ‘‘Contact Us’’ link located 

on the NRC’s public website at http://

www.nrc.gov/site-help/esubmittals.html, by email to 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Electronic Filing Help Desk is available 

between 9 a.m. and 6 p.m., Eastern 

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing stating why there is good cause for 

not filing electronically and requesting 

authorization to continue to submit 

documents in paper format. Such filings 

must be submitted by: (1) First class 

mail addressed to the Office of the 

Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing adjudicatory 

documents in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in the NRC’s 

electronic hearing docket which is 

available to the public at https://

adams.nrc.gov/ehd/, unless excluded 

pursuant to an order of the Commission 

or the presiding officer. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

personal phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. For example, in some 

instances, individuals provide home 

addresses in order to demonstrate 

proximity to a facility or site. With 

respect to copyrighted works, except for 

limited excerpts that serve the purpose 

of the adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

IV. Availability of Documents 

The documents identified in this 

Federal Register notice are accessible to 

interested persons in ADAMS under the 

accession numbers identified in the 

table below. 


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1While a request for hearing or petition to 

intervene in this proceeding must comply with the 

filing requirements of the NRC’s ‘‘E-Filing Rule,’’ 

the initial request to access SUNSI and/or SGI 

under these procedures should be submitted as 

described in this paragraph. 

2Broad SGI requests under these procedures are 

unlikely to meet the standard for need to know; 

furthermore, NRC staff redaction of information 

from requested documents before their release may 

be appropriate to comport with this requirement. 

These procedures do not authorize unrestricted 

disclosure or less scrutiny of a requestor’s need to 

know than ordinarily would be applied in 

connection with an already-admitted contention or 

non-adjudicatory access to SGI. 

3The requestor will be asked to provide his or her 

full name, social security number, date and place 

of birth, telephone number, and email address. 

After providing this information, the requestor 

usually should be able to obtain access to the online 

form within one business day. 

Title ADAMS 

accession No. 

Holtec International HI–STORE CIS License Application ................................................................................................................ ML17115A431 

NRC request for supplemental information ...................................................................................................................................... ML17191A356, 

ML17191A478 

Holtec letter with schedule for response to NRC request for supplemental information ................................................................. ML17206A203 

Holtec’s October 6, 2017, information submittal in response to NRC request for supplemental information ................................. ML17310A21 

Holtec’s December 21, 2017, information submittal in response to NRC request for supplemental information ........................... ML17362A097 

Holtec’s December 22, 2017, information submittal in response to NRC request for supplemental information ........................... ML18011A158 

Holtec’s February 22, 2018, information submittal in response to proprietary information determination ...................................... ML18058A617 

NRC letter accepting application for review ..................................................................................................................................... ML18059A251 

NRC Federal Register Notice of docketing Holtec license application .......................................................................................... ML18058A171 

V. Order Imposing Procedures for 

Access to Sensitive Unclassified NonSafeguards Information and Safeguards 

Information for Contention Preparation 

A. This Order contains instructions 

regarding how potential parties to this 

proceeding may request access to 

documents containing sensitive 

unclassified information (including 

Sensitive Unclassified Non-Safeguards 

Information (SUNSI) and Safeguards 

Information (SGI)). Requirements for 

access to SGI are primarily set forth in 

10 CFR parts 2 and 73. Nothing in this 

Order is intended to conflict with the 

SGI regulations. 

B. Within 10 days after publication of 

this notice of hearing and opportunity to 

petition for leave to intervene, any 

potential party who believes access to 

SUNSI or SGI is necessary to respond to 

this notice may request access to SUNSI 

or SGI. A ‘‘potential party’’ is any 

person who intends to participate as a 

party by demonstrating standing and 

filing an admissible contention under 10 

CFR 2.309. Requests for access to SUNSI 

or SGI submitted later than 10 days after 

publication will not be considered 

absent a showing of good cause for the 

late filing, addressing why the request 

could not have been filed earlier. 

C. The requestor shall submit a letter 

requesting permission to access SUNSI, 

SGI, or both to the Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemakings and 

Adjudications Staff, and provide a copy 

to the Deputy General Counsel for 

Hearings and Administration, Office of 

the General Counsel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. The expedited delivery 

or courier mail address for both offices 

is: U.S. Nuclear Regulatory Commission, 

11555 Rockville Pike, Rockville, 

Maryland 20852. The email address for 

the Office of the Secretary and the 

Office of the General Counsel are 

Hearing.Docket@nrc.gov and 

OGCmailcenter@nrc.gov, respectively.1

The request must include the following 

information: 

(1) A description of the licensing 

action with a citation to this Federal 

Register notice; 

(2) The name and address of the 

potential party and a description of the 

potential party’s particularized interest 

that could be harmed by the action 

identified in C.(1); 

(3) If the request is for SUNSI, the 

identity of the individual or entity 

requesting access to SUNSI and the 

requestor’s basis for the need for the 

information in order to meaningfully 

participate in this adjudicatory 

proceeding. In particular, the request 

must explain why publicly available 

versions of the information requested 

would not be sufficient to provide the 

basis and specificity for a proffered 

contention; and 

(4) If the request is for SGI, the 

identity of each individual who would 

have access to SGI if the request is 

granted, including the identity of any 

expert, consultant, or assistant who will 

aid the requestor in evaluating the SGI. 

In addition, the request must contain 

the following information: 

(a) A statement that explains each 

individual’s ‘‘need to know’’ the SGI, as 

required by 10 CFR 73.2 and 10 CFR 

73.22(b)(1). Consistent with the 

definition of ‘‘need to know’’ as stated 

in 10 CFR 73.2, the statement must 

explain: 

(i) Specifically why the requestor 

believes that the information is 

necessary to enable the requestor to 

proffer and/or adjudicate a specific 

contention in this proceeding; 2 and 

(ii) The technical competence 

(demonstrable knowledge, skill, training 

or education) of the requestor to 

effectively utilize the requested SGI to 

provide the basis and specificity for a 

proffered contention. The technical 

competence of a potential party or its 

counsel may be shown by reliance on a 

qualified expert, consultant, or assistant 

who satisfies these criteria. 

(b) A completed Form SF–85, 

‘‘Questionnaire for Non-Sensitive 

Positions,’’ for each individual who 

would have access to SGI. The 

completed Form SF–85 will be used by 

the Office of Administration to conduct 

the background check required for 

access to SGI, as required by 10 CFR 

part 2, subpart C, and 10 CFR 

73.22(b)(2), to determine the requestor’s 

trustworthiness and reliability. For 

security reasons, Form SF–85 can only 

be submitted electronically through the 

electronic questionnaire for 

investigations processing (e-QIP) 

website, a secure website that is owned 

and operated by the Office of Personnel 

Management. To obtain online access to 

the form, the requestor should contact 

the NRC’s Office of Administration at 

301–415–3710.3

(c) A completed Form FD–258 

(fingerprint card), signed in original ink, 

and submitted in accordance with 10 

CFR 73.57(d). Copies of Form FD–258 

may be obtained by writing the Office of 

Administrative Services, Mail Services 

Center, Mail Stop P1–37, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or by email to 

MAILSVC.Resource@nrc.gov. The 

fingerprint card will be used to satisfy 

the requirements of 10 CFR part 2, 

subpart C, 10 CFR 73.22(b)(1), and 

Section 149 of the Atomic Energy Act of 

1954, as amended, which mandates that 


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4This fee is subject to change pursuant to the 

Office of Personnel Management’s adjustable billing 

rates. 

5Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must 

be filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 30 days of the deadline 

for the receipt of the written access request. 

6Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SGI must be 

filed with the presiding officer or the Chief 

Administrative Judge if the presiding officer has not 

yet been designated, within 180 days of the 

deadline for the receipt of the written access 

request. 

all persons with access to SGI must be 

fingerprinted for an FBI identification 

and criminal history records check. 

(d) A check or money order payable 

in the amount of $324.00 4 to the U.S. 

Nuclear Regulatory Commission for 

each individual for whom the request 

for access has been submitted. 

(e) If the requestor or any 

individual(s) who will have access to 

SGI believes they belong to one or more 

of the categories of individuals that are 

exempt from the criminal history 

records check and background check 

requirements in 10 CFR 73.59, the 

requestor should also provide a 

statement identifying which exemption 

the requestor is invoking and explaining 

the requestor’s basis for believing that 

the exemption applies. While 

processing the request, the Office of 

Administration, Personnel Security 

Branch, will make a final determination 

whether the claimed exemption applies. 

Alternatively, the requestor may contact 

the Office of Administration for an 

evaluation of their exemption status 

prior to submitting their request. 

Persons who are exempt from the 

background check are not required to 

complete the SF–85 or Form FD–258; 

however, all other requirements for 

access to SGI, including the need to 

know, are still applicable. 

Note: Copies of documents and 

materials required by paragraphs 

C.(4)(b), (c), and (d) of this Order must 

be sent to the following address: U.S. 

Nuclear Regulatory Commission, ATTN: 

Personnel Security Branch, Mail Stop 

TWFN–07–D04M, 11555 Rockville Pike, 

Rockville, MD 20852. 

These documents and materials 

should not be included with the request 

letter to the Office of the Secretary, but 

the request letter should state that the 

forms and fees have been submitted as 

required. 

D. To avoid delays in processing 

requests for access to SGI, the requestor 

should review all submitted materials 

for completeness and accuracy 

(including legibility) before submitting 

them to the NRC. The NRC will return 

incomplete packages to the sender 

without processing. 

E. Based on an evaluation of the 

information submitted under paragraphs 

C.(3) or C.(4) above, as applicable, the 

NRC staff will determine within 10 days 

of receipt of the request whether: 

(1) There is a reasonable basis to 

believe the petitioner is likely to 

establish standing to participate in this 

NRC proceeding; and 

(2) The requestor has established a 

legitimate need for access to SUNSI or 

need to know the SGI requested. 

F. For requests for access to SUNSI, if 

the NRC staff determines that the 

requestor satisfies both E.(1) and E.(2) 

above, the NRC staff will notify the 

requestor in writing that access to 

SUNSI has been granted. The written 

notification will contain instructions on 

how the requestor may obtain copies of 

the requested documents, and any other 

conditions that may apply to access to 

those documents. These conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order setting 

forth terms and conditions to prevent 

the unauthorized or inadvertent 

disclosure of SUNSI by each individual 

who will be granted access to SUNSI.5

G. For requests for access to SGI, if the 

NRC staff determines that the requestor 

has satisfied both E.(1) and E.(2) above, 

the Office of Administration will then 

determine, based upon completion of 

the background check, whether the 

proposed recipient is trustworthy and 

reliable, as required for access to SGI by 

10 CFR 73.22(b). If the Office of 

Administration determines that the 

individual or individuals are 

trustworthy and reliable, the NRC will 

promptly notify the requestor in writing. 

The notification will provide the names 

of approved individuals as well as the 

conditions under which the SGI will be 

provided. Those conditions may 

include, but are not limited to, the 

signing of a Non-Disclosure Agreement 

or Affidavit, or Protective Order 6 by 

each individual who will be granted 

access to SGI. 

H. Release and Storage of SGI. Prior 

to providing SGI to the requestor, the 

NRC staff will conduct (as necessary) an 

inspection to confirm that the 

recipient’s information protection 

system is sufficient to satisfy the 

requirements of 10 CFR 73.22. 

Alternatively, recipients may opt to 

view SGI at an approved SGI storage 

location rather than establish their own 

SGI protection program to meet SGI 

protection requirements. 

I. Filing of Contentions. Any 

contentions in these proceedings that 

are based upon the information received 

as a result of the request made for 

SUNSI or SGI must be filed by the 

requestor no later than 25 days after 

receipt of (or access to) that information. 

However, if more than 25 days remain 

between the petitioner’s receipt of (or 

access to) the information and the 

deadline for filing all other contentions 

(as established in the notice of hearing 

or opportunity for hearing), the 

petitioner may file its SUNSI or SGI 

contentions by that later deadline. 

J. Review of Denials of Access. 

(1) If the request for access to SUNSI 

or SGI is denied by the NRC staff either 

after a determination on standing and 

requisite need, or after a determination 

on trustworthiness and reliability, the 

NRC staff shall immediately notify the 

requestor in writing, briefly stating the 

reason or reasons for the denial. 

(2) Before the Office of 

Administration makes a final adverse 

determination regarding the 

trustworthiness and reliability of the 

proposed recipient(s) for access to SGI, 

the Office of Administration, in 

accordance with 10 CFR 2.336(f)(1)(iii), 

must provide the proposed recipient(s) 

any records that were considered in the 

trustworthiness and reliability 

determination, including those required 

to be provided under 10 CFR 

73.57(e)(1), so that the proposed 

recipient(s) have an opportunity to 

correct or explain the record. 

(3) The requestor may challenge the 

NRC staff’s adverse determination with 

respect to access to SUNSI or with 

respect to standing or need to know for 

SGI by filing a challenge within 5 days 

of receipt of that determination with: (a) 

The presiding officer designated in this 

proceeding; (b) if no presiding officer 

has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

(4) The requestor may challenge the 

Office of Administration’s final adverse 

determination with respect to 

trustworthiness and reliability for access 

to SGI by filing a request for review in 

accordance with 10 CFR 2.336(f)(1)(iv). 

(5) Further appeals of decisions under 

this paragraph must be made pursuant 

to 10 CFR 2.311. 

K. Review of Grants of Access. A 

party other than the requestor may 

challenge an NRC staff determination 

granting access to SUNSI whose release 

would harm that party’s interest 

independent of the proceeding. Such a 

challenge must be filed within 5 days of 


sradovich on DSK3GMQ082PROD with NOTICES
32924 Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 

7Requestors should note that the filing 

requirements of the NRC’s E-Filing Rule (72 FR 

49139; August 28, 2007, as amended at 77 FR 

46562; August 3, 2012) apply to appeals of NRC 

staff determinations (because they must be served 

on a presiding officer or the Commission, as 

applicable), but not to the initial SUNSI/SGI request 

submitted to the NRC staff under these procedures. 

the notification by the NRC staff of its 

grant of access and must be filed with: 

(a) The presiding officer designated in 

this proceeding; (b) if no presiding 

officer has been appointed, the Chief 

Administrative Judge, or if he or she is 

unavailable, another administrative 

judge, or an Administrative Law Judge 

with jurisdiction pursuant to 10 CFR 

2.318(a); or (c) if another officer has 

been designated to rule on information 

access issues, with that officer. 

If challenges to the NRC staff 

determinations are filed, these 

procedures give way to the normal 

process for litigating disputes 

concerning access to information. The 

availability of interlocutory review by 

the Commission of orders ruling on 

such NRC staff determinations (whether 

granting or denying access) is governed 

by 10 CFR 2.311.7

L. The Commission expects that the 

NRC staff and presiding officers (and 

any other reviewing officers) will 

consider and resolve requests for access 

to SUNSI or SGI, and motions for 

protective orders, in a timely fashion in 

order to minimize any unnecessary 

delays in identifying those petitioners 

who have standing and who have 

propounded contentions meeting the 

specificity and basis requirements in 10 

CFR part 2. The attachment to this 

Order summarizes the general target 

schedule for processing and resolving 

requests under these procedures. 

It is so ordered. 

Dated at Rockville, Maryland, this 10th of 

July 2018. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity 

0 ........................ Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 

10 ...................... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) and/or Safeguards 

Information (SGI) with information: Supporting the standing of a potential party identified by name and address; describing 

the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that access should be granted (e.g., showing technical competence for access to SGI); and, for SGI, including 

application fee for fingerprint/background check. 

60 ...................... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation 

does not require access to SUNSI and/or SGI (+25 Answers to petition for intervention; +7 requestor/petitioner reply). 

20 ...................... U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for 

access provides a reasonable basis to believe standing can be established and shows (1) need for SUNSI or (2) need to 

know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If 

NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ...................... If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for requestor/petitioner to file a 

motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the 

presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for 

SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the 

release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ...................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ...................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure 

Agreement for SUNSI. 

190 .................... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to 

file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of 

SGI is not trustworthy or reliable). Note: Before the Office of Administration makes a final adverse determination regarding 

access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 

205 .................... Deadline for petitioner to seek reversal of a final adverse NRC staff trustworthiness or reliability determination under 10 CFR 

2.336(f)(1)(iv). 

A ....................... If access granted: Issuance of a decision by a presiding officer or other designated officer on motion for protective order for 

access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing 

the protective order. 

A + 28 ............... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more 

than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other 

contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI or SGI contentions by that later deadline. 

A + 53 ............... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI.

A + 60 ............... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 ............. Decision on contention admission. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices 32925 

[FR Doc. 2018–15079 Filed 7–13–18; 8:45 am] 

BILLING CODE 7590–01–P 

OCCUPATIONAL SAFETY AND 

HEALTH REVIEW COMMISSION 

Privacy Act of 1974; System of 

Records. 

AGENCY: Occupational Safety and Health 

Review Commission. 

ACTION: Rescindment of System of 

Records Notices. 

SUMMARY: In accordance with the 

Privacy Act of 1974, the Occupational 

Safety and Health Review Commission 

(OSHRC) is rescinding the Privacy Act 

system-of-records notices for following 

systems of records: Travel Records, 

OSHRC–1; and Mailing Lists for News 

Releases, Speeches, Booklets, Reports, 

OSHRC–2. 

DATES: Comments must be received by 

OSHRC on or before August 15, 2018. 

The rescindment of OSHRC–1 and 

OSHRC–2 will become effective on that 

date, without any further notice in the 

Federal Register, unless comments or 

government approval procedures 

necessitate otherwise. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: rbailey@oshrc.gov. Include 

‘‘PRIVACY ACT SYSTEM OF 

RECORDS’’ in the subject line of the 

message. 

• Fax: (202) 606–5417. 

• Mail: One Lafayette Centre, 1120 

20th Street NW, Ninth Floor, 

Washington, DC 20036–3457. 

• Hand Delivery/Courier: Same as 

mailing address. 

Instructions: All submissions must 

include your name, return address, and 

email address, if applicable. Please 

clearly label submissions as ‘‘PRIVACY 

ACT SYSTEM OF RECORDS.’’ 

FOR FURTHER INFORMATION CONTACT: Ron 

Bailey, Attorney-Advisor, Office of the 

General Counsel, via telephone at (202) 

606–5410, or via email at rbailey@

oshrc.gov. 

SUPPLEMENTARY INFORMATION: Following 

OSHRC’s review of its systems of 

records, the agency is rescinding two of 

its system-of-records notices: (1) Travel 

Records, OSHRC–1; and (2) Mailing 

Lists for News Releases, Speeches, 

Booklets, Reports, OSHRC–2. 

The records included in OSHRC–1 are 

fully covered by the following Privacy 

Act notices for governmentwide systems 

of records: GSA/GOVT–4, see 74 FR 

26700, July 6, 2009, and GSA/GOVT–3, 

see 78 FR 20108, May 3, 2013. OSHRC– 

1 is therefore being rescinded to avoid 

duplicative notices. 

Additionally, based on a 

comprehensive review of OSHRC’s 

records, the agency has determined that 

mailing lists for news releases, 

speeches, booklets, and reports are no 

longer maintained by the agency. As 

this system of records, OSHRC–2, no 

longer exists, its notice is being 

rescinded. 

The notices rescinding OSHRC–1 and 

OSHRC–2 are as follows. 

OSHRC–1 

SYSTEM NAME AND NUMBER: 

Travel Records, OSHRC–1. 

HISTORY: 

April 14, 2006, 71 FR 19556; August 

4, 2008, 73 FR 45256; October 5, 2015, 

80 FR 60182; and September 28, 2017, 

82 FR 45324. 

OSHRC–2 

SYSTEM NAME AND NUMBER: 

Mailing Lists for News Releases, 

Speeches, Booklets, Reports, OSHRC–2. 

HISTORY: 

April 14, 2006, 71 FR 19556; August 

4, 2008, 73 FR 45256; October 5, 2015, 

80 FR 60182; and September 28, 2017, 

82 FR 45324. 

Dated: July 9, 2018. 

Nadine N. Mancini, 

General Counsel, Senior Agency Official for 

Privacy. 

[FR Doc. 2018–15069 Filed 7–13–18; 8:45 am] 

BILLING CODE 7600–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

33156; 812–14884] 

DMS ETF Trust I, et al. 

July 10, 2018. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice. 

Notice of an application under section 

6(c) of the Investment Company Act of 

1940 (‘‘Act’’) for an exemption from 

section 15(a) of the Act and rule 18f–2 

under the Act, as well as from certain 

disclosure requirements in rule 20a–1 

under the Act, Item 19(a)(3) of Form N– 

1A, Items 22(c)(1)(ii), 22(c)(1)(iii), 

22(c)(8) and 22(c)(9) of Schedule 14A 

under the Securities Exchange Act of 

1934, and sections 6–07(2)(a), (b), and 

(c) of Regulation S–X (‘‘Disclosure 

Requirements’’). The requested 

exemption would permit an investment 

adviser to hire and replace certain subadvisers without shareholder approval 

and grant relief from the Disclosure 

Requirements as they relate to fees paid 

to the sub-advisers. 

APPLICANTS: DMS ETF Trust I, DMS ETF 

Trust II, and DMS Mutual Fund Trust 

(each, a ‘‘Trust’’ and collectively, the 

‘‘Trusts’’), each a Delaware statutory 

trust that will be registered under the 

Act as an open-end management 

investment company, and DMS ETF 

Solutions, LLC (the ‘‘Initial Adviser’’), a 

Delaware limited liability company that 

will be registered as an investment 

adviser under the Investment Advisers 

Act of 1940 (collectively with the 

Trusts, the ‘‘Applicants’’). 

FILING DATES: The application was filed 

on March 12, 2018. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the application will be 

issued unless the Commission orders a 

hearing. Interested persons may request 

a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on August 6, 2018, and 

should be accompanied by proof of 

service on the applicants, in the form of 

an affidavit or, for lawyers, a certificate 

of service. Pursuant to rule 0–5 under 

the Act, hearing requests should state 

the nature of the writer’s interest, any 

facts bearing upon the desirability of a 

hearing on the matter, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Commission’s Secretary. 

ADDRESSES: Secretary, U.S. Securities 

and Exchange Commission, 100 F Street 

NE, Washington, DC 20549–1090. 

Applicants, 130 West 42nd Street, Ste. 

1050, New York, NY 10036. 

FOR FURTHER INFORMATION CONTACT: 

Christine Y. Greenlees, Senior Counsel, 

at (202) 551–6879, or Andrea 

Ottomanelli Magovern, Branch Chief, at 

(202) 551–6821 (Division of Investment 

Management, Chief Counsel’s Office). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

website by searching for the file 

number, or an applicant using the 

Company name box, at http://

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Summary of the Application 

1. An Adviser will serve as the 

investment adviser to each Subadvised 

Series pursuant to an investment 

advisory agreement with the applicable 

Trust (the ‘‘Investment Management 


sradovich on DSK3GMQ082PROD with NOTICES