Unknown. Direct final rule; correction and announcement of effective date
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/register/2023/07/03/2023-13992·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2023-07-03.xml --- 88 126 Monday, July 3, 2023 Contents Administrative Administrative Conference of the United States NOTICES Adoption of Recommendations, 42678-42684 2023-14069 Agriculture Agriculture Department See Food Safety and Inspection Service See Natural Resources Conservation Service Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Military Panel, 42685-42686 2023-14094 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 42722-42723 2023-14176 Inflation Reduction Act Revised Program Guidance, 42723 2023-14097 Coast Guard Coast Guard RULES Safety Zone: Corpus Christi Bay, Corpus Christi, TX, 42619-42621 2023-14079 Safety Zones in Reentry Sites: Jacksonville, Daytona, and Canaveral, Florida, 42619 2023-14156 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Master Generic Plan for Customer Surveys and Focus Groups, 42703 2023-14085 National Center for Education Evaluation System Clearance for Design and Field Studies 2023-2026, 42702 2023-14043 Protection and Advocacy of Individual Rights Program Assurances, 42702-42703 2023-14024 Meetings: President's Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics, 42701 2023-14030 Energy Department Energy Department See Federal Energy Regulatory Commission See National Nuclear Security Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations:
Advanced Scientific Computing Advisory Committee, 42704 2023-14063 Meetings: Secretary of Energy Advisory Board, 42703-42704 2023-14033 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Antelope Valley Air Quality Management District; Stationary Source Permits; New Source Review, 42621-42640 2023-13763 Missouri; Air Plan Partial Approval and Partial Disapproval; Revision to Sulfur Dioxide Control Requirements for Lake Road Generating Facility, 42640-42642 2023-13979 NOTICES Ambient Air Monitoring Equivalent and Equivalent Methods;
Designation of One New Equivalent Method, 42718 2023-14083 Examination of Microcosm/Mesocosm Studies for Evaluating the Effects of Atrazine on Aquatic Plant Communities, 42716-42718 2023-14065 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings: Board of Directors, 42718-42719 2023-14067 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Transitional Amendment to Statement of Federal Financial Accounting Standards 54, 42719 2023-14000 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:
Very High Frequency Omnidirectional Range Federal Airways V-6, V-338, V-494, and United States Area Navigation Route T-331, 42614-42615 2023-13967 Airworthiness Directives: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 42606-42609 2023-14006 Airbus SAS Airplanes, 42598-42600, 42602-42604, 42611-42614 2023-14002 2023-14004 2023-14005 Bombardier, Inc., Airplanes, 42593-42598, 42609-42611 2023-14001 2023-14003 Pilatus Aircraft Ltd.
Airplanes, 42600-42602, 42604-42606 2023-14007 2023-14010 PROPOSED RULES Airspace Designations and Reporting Points: Kodiak Island, AK, 42659-42661 2023-13989 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 42719-42722 2023-14011 2023-14012 2023-14013 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 42730-42736 2023-14086 2023-14087 Flood Hazard Determinations;
Proposals, 42733-42734 2023-14088 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Appalachian Power Co., 42715-42716 2023-13996 Rumford Falls Hydro LLC, 42705-42707 2023-13995 Combined Filings, 42704-42705, 42711-42713 2023-14058 2023-14059 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Algodon Solar Energy Holdings LLC, 42708 2023-14057 Algodon Solar Energy LLC, 42714 2023-14056 Chisholm Trail Solar Energy Holdings LLC, 42709 2023-14055 Chisholm Trail Solar Energy LLC, 42707-42708 2023-14054 Flat Ridge 4 Wind Holdings LLC, 42713-42714 2023-14060 Flat Ridge 4 Wind, LLC, 42710 2023-14053 Flat Ridge 5 Wind Energy Holdings LLC, 42709-42710 2023-14052 Flat Ridge 5 Wind Energy LLC, 42705 2023-14051 Lazbuddie Wind Energy Holdings LLC, 42710-42711 2023-14050 Lazbuddie Wind Energy LLC, 42708-42709 2023-14049 Pixley Solar Energy Holdings LLC, 42713 2023-14048 Pixley Solar Energy LLC, 42714-42715 2023-14047 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:
Designation of Experimental Populations, 42642-42652 2023-13672 PROPOSED RULES Endangered and Threatened Species: Status for the Dunes Sagebrush Lizard, 42661-42677 2023-13859 Food and Drug Food and Drug Administration NOTICES Meetings: Cardiovascular and Renal Drugs Advisory Committee, 42723-42725 2023-14037 Food Safety Food Safety and Inspection Service NOTICES Salmonella in Not-Ready-To-Eat Breaded Stuffed Chicken Products; Correction, 42684 2023-14008 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 42815-42817 2023-14031 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:
Givaudan Fragrances Corp., Foreign-Trade Zone 44, Mount Olive, Flanders and, Towaco, NJ, 42686 2023-14072 Production Activity Not Authorized: Valero Refining-New Orleans LLC, Foreign-Trade Zone 124, Norco, LA, 42686 2023-14071 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Earth Mapping Resources Initiative Competitive Cooperative Agreement Program with State Geological Surveys, 42738-42739 2023-14038 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See Inspector General Office, Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Lists of Designated Primary Medical Care, Mental Health, and Dental Health Professional Shortage Areas, 42725-42726 2023-14092 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Technical Suitability Products, 42737-42738 2023-14066 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Forms to Implement the Privacy Rule, 42726-42728 2023-14017 Industry Industry and Security Bureau RULES Chemical Weapons Convention Regulations: Reducing the Concentration Level Above Which Mixtures Containing Schedule 2A Chemicals are Subject to Declaration and Reporting Requirements, 42615-42619 2023-13736 Inspector General Health Inspector General Office, Health and Human Services Department RULES Grants, Contracts, and Other Agreements:
Fraud and Abuse; Information Blocking; Civil Money Penalty Rules, 42820-42841 2023-13851 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: SelectUSA Investment Promotion Intake Questions, 42689-42690 2023-14093 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India; Correction, 42692 2023-14028 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 42690-42692 2023-14029 Crystalline Silicon Photovoltaic Products from the People's Republic of China, 42686-42688 2023-14027 Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 42693-42696 2023-14096 Initiation of Five-Year (Sunset) Reviews, 42688-42689 2023-14104 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Drawn Stainless Steel Sinks from China, 42745-42748 2023-13849 Low Melt Polyester Staple Fiber from South Korea and Taiwan, 42748-42751 2023-13858 Ripe Olives from Spain, 42751-42753 2023-13857 Investigations; Determinations, Modifications, and Rulings, etc.: Cast Iron Soil Pipe Fittings from China, 42753-42756 2023-13850 Certain Semiconductor Devices, and Methods of Manufacturing Same and Products Containing the Same, 42756-42757 2023-14091 Land Land Management Bureau NOTICES Environmental Assessments;
Availability, etc.: Realty Action, Proposed Sale of Public Lands in Simpson County, MS, Resource Management Plan Amendment, 42739-42741 2023-14045 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 42757 2023-14190 Maritime Maritime Administration NOTICES Environmental Impact Statements; Availability, etc.: Deepwater Port License Application, Grand Isle LNG Operating Co., LLC, Meetings, 42810-42812 2023-13474 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Strategies to Improve Drug Recognition Expert Officers' Performance and Law Enforcement Agencies' DRE Programs, 42812-42813 2023-13856 Receipt of Petition for Decision of Inconsequential Noncompliance: Polaris Group of America, Inc., 42814-42815 2023-14064 National Institute National Institute of Standards and Technology NOTICES Meetings: National Artificial Intelligence Advisory Committee, 42696-42697 2023-14025 National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 42728-42729 2023-13993 National Institute of General Medical Sciences, 42728 2023-13994 Energy National Nuclear National Nuclear Security Administration NOTICES Meetings: Advisory Committee for Nuclear Security; Correction, 42704 2023-14035 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States: Pelagic Species Fisheries; Amendment 20 to the Coastal Pelagic Species Fishery Management Plan, 42652-42653 2023-14009 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: West Coast Region Highly Migratory Species Vessel Identification Requirements, 42697-42698 2023-14089 Meetings: Mid-Atlantic Fishery Management Council, 42698 2023-14070 National Park National Park Service NOTICES Inventory Completion: California Department of Parks and Recreation, Sacramento, CA, 42743-42744 2023-14082 Central Washington University, Ellensburg, WA, 42744-42745 2023-14080 Edge of the Cedars State Park Museum, Blanding, UT, 42744 2023-14077 Indiana Department of Transportation, Indianapolis, IN, 42741-42742 2023-14081 Santa Barbara Museum of Natural History, Santa Barbara, CA, 42741 2023-14075 Texas Department of Transportation, Austin, TX, 42742-42743 2023-14074 National Science National Science Foundation NOTICES Charter Amendments, Establishments, Renewals and Terminations, 42757-42758 2023-14039 National Resources Natural Resources Conservation Service NOTICES Meetings:
Urban Agriculture and Innovative Production Advisory Committee, 42684-42685 2023-14026 Nuclear Regulatory Nuclear Regulatory Commission RULES 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; Correction, 42587-42592 2023-13992 PROPOSED RULES Rubidium-82 Generators, Emerging Technologies, and Other Medical Use of Byproduct Material, 42654-42659 2023-14018 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Patent Trial and Appeal Board Appeals, 42699-42700 2023-14014 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Missing Participants, 42758-42759 2023-14061 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Credit, LLC, 42807-42809 2023-13998 Miami International Securities Exchange, LLC, 42844-42868 2023-13999 MIAX Emerald, LLC, 42785-42807 2023-13997 MIAX PEARL, LLC, 42759-42785 2023-14020 Small Business Small Business Administration RULES Veteran-Owned Small Business and Service-Disabled, Veteran-Owned Small Business—Certification;
Correction, 42592-42593 2023-13439 State Department State Department NOTICES Meetings: Binational Bridges and Border Crossings Group, 42809-42810 2023-14021 Substance Substance Abuse and Mental Health Services Administration NOTICES List of Certified Laboratories and Instrumented Initial Testing Facilities that Meet Minimum Standards to Engage in Urine Drug Testing, 42729-42730 2023-14046 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Air Cargo Security Requirements, 42736-42737 2023-14095 Treasury Treasury Department See Foreign Assets Control Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: New Markets Tax Credit Program Community Development Entity Certification Application, 42817-42818 2023-14090 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Request for Retroactive Induction for a Period Previously Completed under Chapter 33 (Chapter 31—Veteran Readiness and Employment), 42818 2023-14032 Separate Parts In This Issue Part II Health and Human Services Department, Inspector General Office, Health and Human Services Department, 42820-42841 2023-13851 Part III Securities and Exchange Commission, 42844-42868 2023-13999 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 88 126 Monday, July 3, 2023 Rules and Regulations 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;
Correction AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule; correction and announcement of effective date. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)is correcting and announcing the effective date for the direct final rule that was 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. DATES: The effective date of the direct final rule published February 13, 2023 (88 FR 9106), which was delayed indefinitely on April 26, 2023 (88 FR 25271), is August 2, 2023, and the correction set out at the end of this document is effective August 2, 2023. 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: *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, at 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:* 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 *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. • *NRC's PDR:* You may examine and purchase copies of public documents at the NRC's PDR, Room P1-B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Kristina Banovac, Office of Nuclear Materials Safety and Safeguards, telephone: 301-415-7116, email: *Kristina.Banovac@nrc.gov* and James Firth, Office of Nuclear Materials Safety and Safeguards, telephone: 301-415-6628, email: *James.Firth@nrc.gov.* Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Discussion On February 13, 2023 (88 FR 9106), the NRC published a direct final rule amending its regulations in part 72 of title 10 of the *Code of Federal Regulations* (10 CFR) 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 revised 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, the NRC stated that if no significant adverse comments were received, the direct final rule would become effective on May 1, 2023. The comment period closed on March 15, 2023; however, on March 22, 2023, in response to requests for an extension of the public comment period, the NRC reopened the public comment period to allow the public more time to comment on the action (88 FR 17164). The re-opened comment period closed on April 14, 2023. On April 26, 2023 (88 FR 25271), the NRC published a document that indefinitely delayed the effective date of the direct final rule to provide the NRC staff sufficient time to evaluate and respond to public comments. The NRC received eight comment submissions on the companion proposed rule published on February 13, 2023 (88 FR 9195). The comments were submitted by four individuals, and a joint comment was provided on behalf of five nongovernmental organizations. 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. The comments are also available in ADAMS using the Accession numbers shown in the table in the “Availability of Documents” section of this document. The NRC binned the comments by topic and evaluated the comments using the criteria stated in the direct final rule. The NRC is providing a response to the comments in section II. of this document, “Public Comment Responses.” Some comments were not unique to this action, in that they raised issues the NRC has addressed in previous spent fuel storage actions, ( *e.g.,* guidance for evaluating the aging management programs). Other comments were on topics that are outside of the scope of this rulemaking, such as transportation, cask design bases, and storage at a consolidated interim storage facility. In addition, some comments pertain to the regulations in 10 CFR part 72 rather than the safety of the Holtec International HI-STORM 100 Cask System design and are also outside of the scope of this rulemaking. For ease of reference, the criteria for a significant adverse comment are repeated here: A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:
(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:
(a)The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis;
(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or
(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC.
(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.
(3)The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. The NRC evaluated the comments against these criteria and determined that the public comments received on this action did not warrant any additions or changes (other than editorial) to the final rule, the certificates of compliance, or the accompanying technical specifications. The NRC is not making substantive changes to the rule; it is apparent that the rule is effective and acceptable as proposed, without the need for a substantive change or addition. The comments did not raise a relevant issue that was not previously addressed or considered by the NRC, and the comments did not cause the NRC to either:
(1)reevaluate or reconsider its position, or
(2)conduct additional analyses. The NRC has determined that none of the comments were significant adverse comments. Therefore, the NRC is correcting and confirming the direct final rule amending the listing for Certificate of Compliance No. 1014, the Holtec International HI-STORM 100 Cask System design, to renew the NRC's approval of the certificate of compliance and is announcing the effective date. II. Public Comment Responses *Comment:* The joint comment raised concerns regarding the transport of storage canisters under 10 CFR part 71. *Response:* This rulemaking only applies to the use of the Holtec International HI-STORM 100 Cask System design in an independent spent fuel storage installation at power reactor sites. The use of a component of the Holtec International HI-STORM 100 Cask System design—the multi-purpose canister—in transportation, would fall under NRC's regulations in 10 CFR part 71, which is outside of the scope of this rulemaking. Allowing the Holtec International HI-STORM 100 Cask System design to be used for the storage of spent fuel under the general license issued by 10 CFR 72.210 neither affects nor contributes to the evaluation of its use during transportation. *Comment:* The joint comment re-submitted a comment that had previously been submitted to the NRC on the Interim Storage Partners Consolidated Interim Storage Facility Project Draft Environmental Impact Statement regarding the need to consider the foreseeable environmental impacts of the entire project, including transporting spent nuclear fuel to and from the proposed Consolidated Interim Storage Facility in Texas. *Response:* This rulemaking action only approves the use of the Holtec International HI-STORM 100 Cask System design under the renewed Certificate of Compliance No. 1014 for the initial certificate (Amendment No. 0) and Amendment Nos. 1 through 15 under the general license issued by 10 CFR 72.210, which involves the storage of spent nuclear fuel in an independent spent fuel storage installation at power reactor sites. This does not include the use of the Holtec International HI-STORM 100 Cask System design at a consolidated interim storage facility. This comment is outside the scope of this rulemaking. Additionally, the use of a Holtec International HI-STORM 100 Cask System design at a consolidated interim storage facility would be authorized under a specific license and, before such approval would be granted, there would be an opportunity to request a hearing and to petition to intervene. *Comment:* Three comments raised concerns regarding the design bases for the Holtec International HI-STORM 100 Cask System design. *Response:* Pursuant to 10 CFR part 72, the design bases for a cask system design include reference bounds for the design and analyses of postulated accidents caused by severe natural events and severe human-induced events. The renewal of the Holtec International HI-STORM 100 Cask System design does not involve reevaluation of the approved design bases, changes to the approved design bases, nor changes to the fabrication of the cask system. Rather, the renewal requires aging management programs to ensure that structures, systems, and components important to safety will continue to perform their intended functions, as designed, during the period of extended operation, thus maintaining the approved design bases during the period of extended operation. The issue of approved design bases is outside of the scope of this rulemaking. *Comment:* The joint comment objected to the use of the direct final rule process by the NRC and requested the NRC withdraw the direct final rule. The comment stated that the direct final rule process was not appropriate because the rule appears to be controversial and because the process appears to violate the National Environmental Policy Act of 1969 and the Administrative Procedure Act (APA). The comment noted that the direct final rule does not fall within the good cause exception in 10 CFR 2.804(d). *Response:* The NRC disagrees with this comment. Direct final rulemaking 1 is a process for expediting the issuance of noncontroversial rules and is a variation on section 553 notice-and-comment rulemaking under the APA. The NRC issued a direct final rule and a companion proposed rule in the same issue of the **Federal Register** and requested public comment. In the NRC's description of the direct final rulemaking process, the NRC explains that a direct final rule, while not explicitly delineated by the APA, does comply with the APA and includes all of the essential elements of rulemaking required by the APA. In this rulemaking, the NRC has provided notice and opportunity for comment; a statement of basis and purpose; and publication of the rule not less than 30 days prior to its effective date (see, *https://www.nrc.gov/about-nrc/regulatory/rulemaking/rulemaking-process/direct-final-rule.html* ). 1 The Administrative Conference of the United States
(ACUS)has endorsed the use of the direct final rule process as a means for expediting rulemaking (see ACUS Recommendation 95-4, “Procedures for Non-Controversial and Expedited Rulemaking” (60 FR 43110; August 18, 1995)). The NRC's requirements at 10 CFR part 72 currently list 15 approved certificates of compliance for spent fuel storage casks. NRC has conducted rulemaking to renew six of these certificates of compliance. All six certificate of compliance renewals included aging management programs and involved 40-year terms. The Agency considers these prior rulemaking actions to be non-controversial because the NRC either did not receive any comments opposing the renewals or did not receive any significant adverse comments. The NRC's decision to use the direct final rulemaking process for the renewal of Certificate of Compliance No. 1014 (Holtec International HI-STORM 100 Cask System design) was based on this experience. Additionally, this rulemaking did adhere to the requirements of the National Environmental Policy Act of 1969. In the direct final rule, the NRC published an environmental assessment and a final finding of no significant impact. The NRC previously considered the impacts from the continued storage of spent fuel, including in the Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG-2157, Volumes 1 and 2) (2014). *Comment:* One commenter requested the NRC make all the renewed amendments expire on the same day. The commenter noted the expiration dates for the early certificates ( *i.e.,* the initial certificate (Amendment No. 0) and Amendment Nos. 1 through 6) have an expiration date of June 1, 2020; however, the later Amendment certificates have an expiration date of May 31, 2020. *Response:* The NRC agrees with this comment regarding an editorial issue. This change has no substantive effect on the requirements; because this comment is limited to editorial changes that do not affect the renewal of the certificate of compliance, it is not considered to be a significant adverse comment. The NRC has made editorial corrections to the certificates of compliance in response to this comment. *Comment:* The NRC received two comments on the topic of NRC's generic technical basis for canister cracking, the canister aging management program, and the need for periodic reviews and updates to the aging management programs based on new information from research and operating experience. The NRC also received a comment stating that NRC should track the U.S. Department of Energy's (DOE's) research efforts in this area and that the DOE's ongoing research does not support the NRC conclusions in its Safety Evaluation Report. This comment also noted that comparing the applicant's aging management program elements to program elements developed by industry does not constitute sufficient due diligence by NRC. *Response:* The NRC previously considered and addressed these concerns during the development of its general technical basis for canister aging management. The NRC established a generic technical basis for the safety review of storage renewal applications through guidance in NUREG-2214, “Managing Aging Processes in Storage
(MAPS)Report.” NUREG-2214 establishes a generic technical basis in terms of the evaluation of
(1)aging mechanisms and effects that could affect the ability of structures, systems, and components important to safety to fulfill their safety functions in the period of extended operation ( *i.e.,* credible aging mechanisms and effects) and
(2)aging management approaches to address credible aging effects, including examples of aging management programs that are considered generically acceptable to address the credible aging effects to ensure that the design bases will be maintained in the period of extended operation. The NRC sought public input during development of NUREG-2214 and related guidance. The NRC responded to the public comments on the draft guidance and finalized the guidance after considering the comments provided by the public. The NRC issued its responses at the time it announced the issuance of NUREG-2214 (84 FR 39022; August 8, 2019), NUREG-1927, Revision 1, “Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel” (81 FR 44054; July 6, 2016), and NUREG-2224, “Dry Storage and Transportation of High Burnup Spent Nuclear Fuel” (85 FR 77267; December 1, 2020). The comments submitted on this rulemaking did not provide new information that was not previously considered during the development of this NRC guidance. The NRC disagrees with the commenter's assertion about the significance of ongoing research and the extent to which it supports or contradicts NRC staff conclusions. This ongoing research is compatible with the NRC's conclusions in the NRC's Safety Evaluation Report. The NRC has conducted and continues to conduct research associated with stress corrosion cracking and coordinates its research efforts with DOE in this area. In addition, the NRC collaborates with DOE and national counterparts, consensus committees, industry, and international partners to share research, knowledge, and operating experience related to degradation and aging of cask systems. The NRC considers this pool of information in its regulatory framework for spent fuel storage. The NRC recognizes that there will be new information gained in the period of extended operation, including operating experience and findings from research and development. Therefore, as described in NUREG-1927, NUREG-2214, and Regulatory Guide 3.76, “Implementation of Aging Management Requirements for Spent Fuel Storage Renewals” (86 FR 38506; July 21, 2021), aging management programs include learning aspects designed to appropriately address and respond to new information. These learning programmatic features are called “tollgates,” which offer a structured approach for:
(1)periodically reviewing site-specific and industrywide operating experience and data from applicable research and industry initiatives at specific times during the period of extended operation; and
(2)performing a safety assessment that confirms the program's effectiveness or otherwise identifies a need to enhance or modify the program in a timely manner to address any emerging aging issues. As aging management inspections of canisters are performed at independent spent fuel storage installations, licensees and certificate of compliance holders will upload the inspection results to the Independent Spent Fuel Storage Installation Aging Management Institute of Nuclear Power Operations Database (AMID), and this operating experience will be shared across the industry through licensee access to this database by the independent spent fuel storage installation sites and by certificate of compliance holders. The implementation of tollgate assessments and use of AMID provides reasonable assurance that the aging management programs will continue to effectively manage aging effects during the period of extended operation. The NRC disagrees with the commenter's statement regarding the comparison of the applicant's aging management program elements to program elements developed by industry. During the NRC's review of Holtec International's renewal application for the HI-STORM 100 Cask System design, the NRC evaluated Holtec International's technical basis for its aging management review and aging management programs and compared it to the generic technical basis in NUREG-2214. The generic technical basis in NUREG-2214 was developed by the NRC, not by the industry. The guidance in NUREG-2214 provides examples of aging management programs that are considered generically acceptable to address the credible aging mechanisms evaluated in the guidance to ensure that the design bases of the cask system will be maintained in the period of extended operation. The NRC found the Holtec International aging management program acceptable. The NRC Safety Evaluation Report documents the consistency between the applicant's canister aging management program and the NUREG-2214 canister aging management program. *Comment:* The NRC received two comments regarding scratching and cracking of canisters. The first comment, from the joint comments, stated that NRC has not reviewed the long-term impact of the scraping, gouging, and scratching of canisters when they are loaded into the casks, including the potential for increased and accelerated corrosion. The second comment noted that the Holtec International HI-STORM 100 Cask System design above ground system may cause canisters to scratch and scrape against the carbon steel vertical channels in the overpack cask, leading to potential initiation of carbon‐induced pit corrosion cracking and a serious accelerated canister degradation condition. *Response:* The comments on the topic of scratching and cracking of canisters do not introduce new information that was not already considered during the NRC's development of NUREG-2214 and during the review of Holtec International's renewal application for the Holtec HI-STORM 100 Cask System design. Welded stainless steel dry storage canisters, like those used in the HI-STORM 100 Cask System design, may contact dissimilar metal surfaces, and may get scraped, scratched, or gouged during handling and loading into the storage overpack. During the development of NUREG-2214, the NRC considered these potential effects and the potential for handling practices to result in the contact and transfer of carbon steel onto the surface of the stainless-steel canister. NUREG-2214 identifies stress corrosion cracking as a credible aging effect for canisters and includes an aging management program for canisters to identify and manage localized corrosion (a potential precursor to stress corrosion cracking) and stress corrosion cracking. NUREG-2214 notes the potential for handling practices to result in contact and transfer of iron ( *i.e.,* carbon steel) onto the stainless-steel canister surface, which can create localized corrosion. The NUREG-2214 canister aging management program addresses aging effects and provides reasonable assurance that aging associated with any initial defects, scrapes, or effects of dissimilar materials being in contact will not compromise the intended functions of the canister during the period of extended operation. NUREG-2214 provides examples of aging management programs that the NRC considers as being generically acceptable to address those credible aging mechanisms evaluated in the guidance to ensure that the design bases of dry storage systems will be maintained. In its review of the renewal application for the Holtec International HI-STORM 100 Cask System design, the NRC staff evaluated Holtec International's technical basis for its aging management review and aging management programs for the Holtec International HI-STORM 100 Cask System design and compared it to the generic technical basis in NUREG-2214. The NRC Safety Evaluation Report documents the consistency between the applicant's canister aging management program and the NUREG-2214 canister aging management program. Consistent with the NUREG-2214 canister aging management program, the Holtec International HI-STORM 100 Cask System design canister aging management program includes inspections of canister surfaces to identify the presence of red-orange corrosion deposits that may indicate iron transfer onto the stainless-steel canister surface. Any areas of corrosion that are found and identified are subject to additional examination and evaluation. Additionally, the Holtec International HI-STORM 100 Cask System design canister aging management program includes criteria to inspect those canisters that are most susceptible to degradation. The aging management program for the Holtec International HI-STORM 100 Cask System design considers the susceptibility criteria in Electric Power Research Institute
(EPRI)TR-3002005371, “Susceptibility Assessment Criteria for Chloride-Induced Stress Corrosion Cracking (CISCC) of Welded Stainless-Steel Canisters for Dry Cask Storage Systems” (referenced also in NUREG-2214). The EPRI report identifies areas of “mechanical damage ( *e.g.,* gouges)” and “scraping during handling” as being the most susceptible to aging. The concerns expressed in the comments ( *i.e.,* long-term effects of any scraping, gouging, and scratching of canisters or contact between dissimilar materials when canisters are loaded into the storage overpack including the potential for increased and accelerated corrosion) are addressed in the canister aging management program. *Comment:* The joint comment expressed concern with radiation effects and dose limits. *Response:* This comment raises issues that are outside of the scope of this rulemaking. The NRC establishes safety standards for protection against radiation, including public dose limits, in 10 CFR part 20, “Standards for Protection against Radiation.” The regulations in 10 CFR part 72 also include dose limits for spent fuel storage. The current requirements in 10 CFR parts 20 and 72 are protective of public health and safety and the environment. III. Availability of Documents The documents identified in this table are available to interested persons through one or more of the following methods, as indicated. Document Adams Accession No./ Federal Register citation Renewed Certificate of Compliance No. 1014, HI-STORM 100 Cask System Design Renewal of Certificate of Compliance No. 1014, HI-STORM 100 Cask System. (Includes Renewed Certificates of Compliance; Approved Contents and Design Features; Technical Specifications; and Final Safety Evaluation Report) ML23068A384 (package). Final Safety Evaluation Report for the HI-STORM 100 Cask System: Certificate of Compliance No. 1014 Renewal, Docket No. 72-1014 ML23068A455. Rulemaking Documents “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.” Direct final rule. (Includes environmental assessment and final finding of no significant impact) (February 13, 2023) 88 FR 9106. “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.” Proposed rule. (February 13, 2023) 88 FR 9195. “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;” Proposed rule; Reopening of comment period. (March 22, 2023) 88 FR 17164. “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.” Direct final rule; Delay of effective date. (April 26, 2027) 88 FR 25271. Comment
(001)from Brian Gutherman on PR-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 ML23046A406. Comment
(002)from Renante Baniaga on PR-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 ML23046A407. Comment
(003)from Michael Ford on PR-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 ML23073A116. Comment
(004)from Kalene Walker on PR-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 ML23075A156. Comment Period Extension Request from Nuclear Information and Resource Service, et al. on PR-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 ML23073A095. Comment
(005)from Nuclear Information and Resource Service, et al. on PR-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 ML23107A144. Comment
(006)from Michael Ford on PR-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 ML23108A278. Comment
(007)from Kalene Walker on PR-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 ML23108A279. Environmental Documents Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report (NUREG-2157, Volumes 1 and 2)
(2014)ML14198A440 (package). Other Documents ACUS Recommendation 95-4, “Procedures for Non-Controversial and Expedited Rulemaking” (August 18, 1995) 60 FR 43110. “Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel.” NUREG-1927, Revision 1. Washington, DC. June 2016 ML16179A148. “Managing Aging Processes in Storage
(MAPS)Report.” Final Report. NUREG-2214. Washington, DC. July 2019. ML19214A111. NUREG-2224, “Dry Storage and Transportation of High Burnup Spent Nuclear Fuel” (November 2020) ML20191A321. “Implementation of Aging Management Requirements for Spent Fuel Storage Renewals.” Regulatory Guide; Issuance (July 21, 2021) 86 FR 38506. Regulatory Guide 3.76, Revision 0, “Implementation of Aging Management Requirements for Spent Fuel Storage Renewals.” July 2021 ML21098A022. “Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel.” NUREG; Issuance. (July 6, 2016) 81 FR 44054. “Managing Aging Processes in Storage
(MAPS)Report.” NUREG; Issuance. (August 8, 2019) 84 FR 39022. “Dry Storage and Transportation of High Burnup Spent Nuclear Fuel.” NUREG; Issuance. (December 1, 2020) 85 FR 77267. EPRI TR-3002005371, “Susceptibility Assessment Criteria for Chloride-Induced Stress Corrosion Cracking (CISCC) of Welded Stainless-Steel Canisters for Dry Cask Storage Systems” (September 18, 2015) *https://www.epri.com/research/ products/3002005371* . “Direct Final Rule” *https://www.nrc.gov/about-nrc/ regulatory/rulemaking/ rulemaking-process/ direct-final-rule.html* . The direct final rule published on February 13, 2023 (88 FR 9106), which was delayed indefinitely on April 26, 2023 (88 FR 25271), is confirmed. The direct final rule is effective on August 2, 2023, and the following correction is effective August 2, 2023. Correction of Direct Final Rule In FR 2023-03002, published at 88 FR 9106 on February 13, 2023, on page 9116, in the second and third columns, remove the date “May 1, 2023” wherever it appears and add “August 2, 2023” in its place. Dated: June 27, 2023. For the Nuclear Regulatory Commission. Catherine Haney, Acting Executive Director for Operations. [FR Doc. 2023-13992 Filed 6-30-23; 8:45 am]
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- 10 CFR 20
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