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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Proposed Rules not initiate a second comment period on this action in the event the direct final rule is withdrawn.
A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rules underlying premise or approach, or would be ineffective or unacceptable without a change. A
comment is adverse and significant if:
1 The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when:
a The comment causes the NRC to reevaluate or reconsider its position or conduct additional analysis;
b The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or c The comment raises a relevant issue that was not previously addressed or considered by the NRC.
2 The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.
3 The comment causes the NRC to make a change other than editorial to the rule.
For a more detailed discussion of the proposed rule changes and associated
analyses, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register.
III. Background Section 218a of the Nuclear Waste Policy Act of 1982, as amended, requires that the Secretary of the Department of Energy shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Nuclear Regulatory Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Section 133 of the Nuclear Waste Policy Act states, in part, that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219a sic:
218a for use at the site of any civilian nuclear power reactor.
To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that added a new subpart K in part 72 of title 10 of the
Code of Federal Regulations 10 CFR
entitled General License for Storage of Spent Fuel at Power Reactor Sites 55
FR 29181; July 18, 1990. This rule also established a new subpart L in 10 CFR
part 72 entitled Approval of Spent Fuel Storage Casks, which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on September 3, 1999 64 FR
48259 that approved the HISTAR 100
Cask System design and added it to the list of NRC-approved cask designs in 72.214 as Certificate of Compliance No. 1008.
IV. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 requires Federal agencies to write documents in a clear, concise, well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, Plain Language in Government Writing, published June 10, 1998 63 FR 31885.
The NRC requests comment on the proposed rule with respect to clarity and effectiveness of the language used.
V. Availability of Documents The documents identified in the following table are available to interested persons as indicated.

Document
ADAMS accession No.

Holtec International HISTAR 100 Storage System, Certificate of Compliance No. 1008 Renewal Application, dated December 7, 2018.
Holtec International Response to the Request for Supplemental Information on the Renewal of the HISTAR 100
Storage System, Certificate of Compliance No. 1008, dated June 28, 2019.
Holtec International Submittal of Supplemental Information Related to Request for Supplemental Information on the Renewal of the HISTAR 100 Storage System, Certificate of Compliance No. 1008, dated October 10, 2019.
Holtec International HISTAR 100 Storage System, Certificate of Compliance No. 1008 Renewal, Updated NonProprietary Documents, dated December 12, 2019.
Holtec International Response to the Request for Additional Information on the Renewal of the HI-STAR 100 Storage System, Certificate of Compliance No. 1008, dated June 1, 2020.
Holtec International Response to the Request for Additional Information on the Renewal of the HISTAR 100 Storage System, Certificate of Compliance No. 1008, dated June 11, 2020.
Holtec International Response to the Request for Clarification of Additional Information on the Renewal of the HI
STAR 100 Storage System, Certificate of Compliance No. 1008, dated November 13, 2020.
Holtec International Response to the Request for Clarification of Additional Information on the Renewal of the HI
STAR 100 Storage System, Certificate of Compliance No. 1008, Updated Attachment, dated November 24, 2020.
User Need Memorandum for Rulemaking for Certificate of Compliance No. 1008 Renewal, Initial Issue, Amendment Numbers 1, 2, and 3 to HISTAR 100 Cask System, dated June 28, 2021.
Proposed Certificate of Compliance No. 1008, Renewed Amendment No. 0
Proposed Technical Specifications Appendix A for Certificate of Compliance No. 1008, Renewed Amendment No.
0.
Proposed Technical Specifications Appendix B for Certificate of Compliance No. 1008, Renewed Amendment No.
0.
Proposed Certificate of Compliance No. 1008, Renewed Amendment No. 1
Proposed Technical Specifications Appendix A for Certificate of Compliance No. 1008, Renewed Amendment No.
1.
Proposed Technical Specifications Appendix B for Certificate of Compliance No. 1008, Renewed Amendment No.
1.
Proposed Certificate of Compliance No. 1008, Renewed Amendment No. 2
Proposed Technical Specifications Appendix A for Certificate of Compliance No. 1008, Renewed Amendment No.
2.
Proposed Technical Specifications Appendix B for Certificate of Compliance No. 1008, Renewed Amendment No.
2.

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