List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® System, Certificate of Compliance No. 1031, Amendment No. 4, 4808-4810 [2015-01691]
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4808
Proposed Rules
Federal Register
Vol. 80, No. 19
Thursday, January 29, 2015
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0058]
RIN 3150–AJ39
List of Approved Spent Fuel Storage
Casks: NAC International
MAGNASTOR® System, Certificate of
Compliance No. 1031, Amendment
No. 4
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its spent fuel storage regulations
to add Amendment No. 4 to the
Certificate of Compliance (CoC) No.
1031 for the NAC International
MAGNASTOR® System. Amendment
No. 4 changes a limiting condition for
operation in the technical specifications
for transportable storage canister
vacuum drying and helium backfill
times, and corrects a typographical
error. The NRC approval of this
Amendment would not authorize
transportation.
SUMMARY:
Submit comments by March 2,
2015. Comments received after this date
will be considered if it is practical to do
so, but the NRC staff is able to ensure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any one of the following methods
(unless this document describes a
different method for submitting
comments on a specific subject):
• Federal Rulemaking Web site: Go
to: https://www.regulations.gov and
search for Docket ID NRC–2014–0058.
Address questions about NRC dockets to
Carol Gallagher, telephone: 301–287–
3422, email: Carol.Gallagher@nrc.gov.
For technical questions, please contact
the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
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DATES:
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• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, contact us at 301–
415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Robert MacDougall, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–5175, email:
Robert.MacDougall@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2014–
0058 when contacting the NRC about
the availability of information for this
proposed rule. You may access publiclyavailable information related to this
proposed rule by any of the following
methods:
• Federal Rulemaking Web site: Go
to: https://www.regulations.gov and
search for Docket ID NRC–2014–0058.
• 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
‘‘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
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
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it is mentioned in the SUPPLEMENTARY
section. The proposed CoC,
proposed Appendix A and Appendix B
of the technical specifications, and
preliminary Safety Evaluation Report
(SER) are available in ADAMS under
Accession Nos. ML14272A472,
ML14272A479, ML14272A484, and
ML14272A487, respectively.
• 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.
INFORMATION
B. Submitting Comments
Please include Docket ID NRC–2014–
0058 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.
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. The NRC will
post all comment submissions at:
https://www.regulations.gov as well as
enter the comment submissions into
ADAMS, and the NRC does not
routinely edit comment submissions to
remove identifying or contact
information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Procedural Background
This proposed rule is limited to the
changes contained in Amendment No. 4
to CoC No. 1031 and does not include
other aspects of the NAC International
MAGNASTOR® System design. Because
the NRC considers this action
noncontroversial and routine, the NRC
is publishing this proposed rule
concurrently with a direct final rule in
the Rules and Regulations section of this
issue of the Federal Register. Adequate
protection of public health and safety
continues to be ensured. The direct final
rule will become effective on April 14,
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Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
2015. If the NRC receives significant
adverse comments on this proposed rule
by March 2, 2015, however, it will
publish a document that withdraws the
direct final rule. If the direct final rule
is withdrawn, the NRC will address the
comments received in response to these
proposed revisions in a subsequent final
rule. Absent significant modifications to
the proposed revisions that would
require republication, the NRC will not
initiate a second comment period on
this action.
A significant adverse comment is one
in which the commenter explains why
the rule would be inappropriate. This
could include challenging the rule’s
underlying premise or approach, or
explaining why the rule 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 staff
to reevaluate 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
staff.
(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 staff
to make a change (other than editorial)
to the rule, CoC, or technical
specifications.
For additional procedural
information, including the regulatory
analysis and the availability of the
environmental assessment and finding
of no significant impact, see the direct
final rule published in the Rules and
Regulations section of this issue of the
Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the U.S. 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 [U.S. Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
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maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[the
Commission] shall, by rule, establish
procedures for the licensing of any
technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule in part 72 of Title
10 of the Code of Federal Regulations
(10 CFR), ’’Licensing Requirements for
the Independent Storage of Spent
Nuclear Fuel, High-Level Radioactive
Waste, and Reactor-Related Greater
Than Class C Waste,’’ which added a
new subpart K within 10 CFR part 72
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 within 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 (73 FR
70587; November 1, 2008) that approved
the NAC International MAGNASTOR®
System design and added it to the list
of NRC-approved cask designs in 10
CFR 72.214, ‘‘List of approved spent
fuel storage casks,’’ as CoC No. 1031.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
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 31883).
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Criminal penalties,
Manpower training programs, Nuclear
materials, Occupational safety and
health, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is proposing to
adopt the following amendments to 10
CFR part 72.
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4809
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR–RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act secs. 51, 53,
57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186,
187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073,
2077, 2092, 2093, 2095, 2099, 2111, 2201,
2232, 2233, 2234, 2236, 2237, 2239, 2273,
2282, 2021); Energy Reorganization Act secs.
201, 202, 206, 211 (42 U.S.C. 5841, 5842,
5846, 5851); National Environmental Policy
Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Policy Act secs. 131, 132, 133, 135, 137, 141,
148 (42 U.S.C. 10151, 10152, 10153, 10155,
10157, 10161, 10168); Government
Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005,
Public Law 109–58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under
Nuclear Waste Policy Act secs. 142(b)
and 148(c), (d) (42 U.S.C. 10162(b),
10168(c), (d)). Section 72.46 also issued
under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act
sec. 134 (42 U.S.C. 10154). Section
72.96(d) also issued under Nuclear
Waste Policy Act sec. 145(g) (42 U.S.C.
10165(g)). Subpart J also issued under
Nuclear Waste Policy Act secs. 117(a),
141(h) (42 U.S.C. 10137(a), 10161(h)).
Subpart K also issued under Nuclear
Waste Policy Act sec. 218(a) (42 U.S.C.
10198).
■ 2. In § 72.214, Certificate of
Compliance No. 1031 is revised to read
as follows:
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009.
Amendment Number 1 Effective Date:
August 30, 2010.
Amendment Number 2 Effective Date:
January 30, 2012.
Amendment Number 3 Effective Date:
July 25, 2013.
Amendment Number 4 Effective Date:
April 14, 2015.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
Docket Number: 72–1031.
Certificate Expiration Date: February
4, 2029.
Model Number: MAGNASTOR®.
Dated at Rockville, Maryland, this 15th day
of January 2015.
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4810
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Proposed Rules
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015–01691 Filed 1–28–15; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–0132; Directorate
Identifier 2014–CE–038–AD]
RIN 2120–AA64
Airworthiness Directives; PILATUS
Aircraft Ltd. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for
PILATUS Aircraft Ltd. Model PC–7
airplanes. This proposed AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as the potential for a spring
on the compressor clutch plate to shear
the oil cooler inlet-hose due to the close
routing of these parts without a
protective cover. We are issuing this
proposed AD to require actions to
address the unsafe condition on these
products.
SUMMARY:
We must receive comments on
this proposed AD by March 16, 2015.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this NPRM, contact PILATUS
AIRCRAFT LTD., Customer Technical
Support (MCC), P.O. Box 992, CH–6371
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DATES:
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Stans, Switzerland; phone: +41 (0)41
619 67 74; fax: +41 (0)41 619 67 73;
email: Techsupport@pilatusaircraft.com; internet: https://
www.pilatus-aircraft.com. You may
view this service information at the
FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106.
For information on the availability of
this material at the FAA, call (816) 329–
4148.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2015–
0132; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4059; fax: (816) 329–4090; email:
doug.rudolph@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2015–0132; Directorate Identifier
2014–CE–038–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
regulations.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The Federal Office of Civil Aviation
(FOCA), which is the aviation authority
for Switzerland, has issued AD HB–
2014–008, dated December 9, 2014
(referred to after this as ‘‘the MCAI’’), to
correct an unsafe condition for
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PILATUS Aircraft Ltd. Model PC–7
airplanes and was based on mandatory
continuing airworthiness information
originated by an aviation authority of
another country. The MCAI states:
This Airworthiness Directive (AD) is
prompted due to an unprotected routing of
the oil cooler inlet-hose close to the air
conditioning compressor clutch plate.
If a spring on the compressor clutch plate
shears it could lead to a damage of the oil
hose and the engine oil can spill into the
engine bay.
In order to correct and control the situation,
this AD requires the installation of a cover
assembly which will be mounted on the
attachment points of the compressor.
You may examine the MCAI on the
Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2015–0132.
Relevant Service Information
PILATUS Aircraft Ltd. has issued
PILATUS PC–7 Service Bulletin No: 21–
012, dated November 4, 2014. The
actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI. The PILATUS PC–7 Service
Bulletin No: 21–012, dated November 4,
2014, describes procedures for installing
a cover assembly to the compressor to
protect the engine oil hose.
FAA’s Determination and Requirements
of the Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with this State of
Design Authority, they have notified us
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Costs of Compliance
We estimate that this proposed AD
will affect 10 products of U.S. registry.
We also estimate that it would take
about 6 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $1,250 per
product.
Based on these figures, we estimate
the cost of the proposed AD on U.S.
operators to be $17,600, or $1,760 per
product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
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Agencies
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Proposed Rules]
[Pages 4808-4810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01691]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 /
Proposed Rules
[[Page 4808]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0058]
RIN 3150-AJ39
List of Approved Spent Fuel Storage Casks: NAC International
MAGNASTOR[supreg] System, Certificate of Compliance No. 1031, Amendment
No. 4
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel storage regulations to add Amendment No. 4 to the
Certificate of Compliance (CoC) No. 1031 for the NAC International
MAGNASTOR[supreg] System. Amendment No. 4 changes a limiting condition
for operation in the technical specifications for transportable storage
canister vacuum drying and helium backfill times, and corrects a
typographical error. The NRC approval of this Amendment would not
authorize transportation.
DATES: Submit comments by March 2, 2015. Comments received after this
date will be considered if it is practical to do so, but the NRC staff
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any one of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to: https://www.regulations.gov and search for Docket ID NRC-2014-0058. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: Carol.Gallagher@nrc.gov. For technical questions, please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
Email comments to: Rulemaking.Comments@nrc.gov. If you do
not receive an automatic email reply confirming receipt, contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Robert MacDougall, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-5175, email:
Robert.MacDougall@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0058 when contacting the NRC
about the availability of information for this proposed rule. You may
access publicly-available information related to this proposed rule by
any of the following methods:
Federal Rulemaking Web site: Go to: https://www.regulations.gov and search for Docket ID NRC-2014-0058.
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 ``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
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section. The proposed CoC, proposed Appendix
A and Appendix B of the technical specifications, and preliminary
Safety Evaluation Report (SER) are available in ADAMS under Accession
Nos. ML14272A472, ML14272A479, ML14272A484, and ML14272A487,
respectively.
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.
B. Submitting Comments
Please include Docket ID NRC-2014-0058 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
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. The NRC will post all comment
submissions at: https://www.regulations.gov as well as enter the comment
submissions into ADAMS, and the NRC does not routinely edit comment
submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Procedural Background
This proposed rule is limited to the changes contained in Amendment
No. 4 to CoC No. 1031 and does not include other aspects of the NAC
International MAGNASTOR[supreg] System design. Because the NRC
considers this action noncontroversial and routine, the NRC is
publishing this proposed rule concurrently with a direct final rule in
the Rules and Regulations section of this issue of the Federal
Register. Adequate protection of public health and safety continues to
be ensured. The direct final rule will become effective on April 14,
[[Page 4809]]
2015. If the NRC receives significant adverse comments on this proposed
rule by March 2, 2015, however, it will publish a document that
withdraws the direct final rule. If the direct final rule is withdrawn,
the NRC will address the comments received in response to these
proposed revisions in a subsequent final rule. Absent significant
modifications to the proposed revisions that would require
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is one in which the commenter
explains why the rule would be inappropriate. This could include
challenging the rule's underlying premise or approach, or explaining
why the rule 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 staff to reevaluate 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 staff.
(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 staff to make a change (other than
editorial) to the rule, CoC, or technical specifications.
For additional procedural information, including the regulatory
analysis and the availability of the environmental assessment and
finding of no significant impact, see the direct final rule published
in the Rules and Regulations section of this issue of the Federal
Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the U.S. 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 [U.S. 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 NWPA states, in part, that ``[the
Commission] shall, by rule, establish procedures for the licensing of
any technology approved by the Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule in part 72 of Title 10 of the Code of Federal
Regulations (10 CFR), ''Licensing Requirements for the Independent
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and
Reactor-Related Greater Than Class C Waste,'' which added a new subpart
K within 10 CFR part 72 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 within 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 (73 FR 70587; November 1,
2008) that approved the NAC International MAGNASTOR[supreg] System
design and added it to the list of NRC-approved cask designs in 10 CFR
72.214, ``List of approved spent fuel storage casks,'' as CoC No. 1031.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and 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
31883).
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, Radiation protection, Reporting and recordkeeping
requirements, Security measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is proposing to adopt the
following amendments to 10 CFR part 72.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2239, 2273, 2282, 2021); Energy Reorganization Act
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear
Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C.
10151, 10152, 10153, 10155, 10157, 10161, 10168); Government
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Public Law 109-58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under Nuclear Waste Policy Act secs.
142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). Section
72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239);
Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d)
also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C.
10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs.
117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K also issued
under Nuclear Waste Policy Act sec. 218(a) (42 U.S.C. 10198).
0
2. In Sec. 72.214, Certificate of Compliance No. 1031 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009.
Amendment Number 1 Effective Date: August 30, 2010.
Amendment Number 2 Effective Date: January 30, 2012.
Amendment Number 3 Effective Date: July 25, 2013.
Amendment Number 4 Effective Date: April 14, 2015.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg]
System.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029.
Model Number: MAGNASTOR[supreg].
Dated at Rockville, Maryland, this 15th day of January 2015.
[[Page 4810]]
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-01691 Filed 1-28-15; 8:45 am]
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