List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5, 63621-63624 [E8-25540]

Download as PDF 63621 Rules and Regulations Federal Register Vol. 73, No. 208 Monday, October 27, 2008 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 331 9 CFR Part 121 [Docket No. APHIS–2007–0033] RIN 0579–AC53 Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List Correction In rule document E8–23887 beginning on page 61325 in the issue of Thursday, October 16, 2008, make the following correction: On page 61329, in the first column, in the second line, ‘‘By April 14, 2008’’ should read ‘‘By April 14, 2009’’. [FR Doc. Z8–23887 Filed 10–24–08; 8:45 am] BILLING CODE 1505–01–D NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2008–0438] RIN 3150–AI48 List of Approved Spent Fuel Storage Casks: NAC–UMS Revision 5 Nuclear Regulatory Commission. ACTION: Direct final rule. sroberts on PROD1PC70 with RULES AGENCY: SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage cask regulations by revising the NAC International, Inc., NAC–UMS Universal Storage System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include VerDate Aug<31>2005 17:05 Oct 24, 2008 Jkt 214001 Amendment No. 5 to Certificate of Compliance (CoC) Number 1015. Amendment No. 5 will modify the CoC to incorporate certain high burnup pressurized water reactor (PWR) fuel as approved contents and to reflect those changes in the associated Technical Specifications (TS). In addition, the amendment to the CoC will include several other changes to the TS and the Final Safety Analysis Report (FSAR) to enhance the loading and storage operation of the NAC–UMS Universal Storage System. DATES: The final rule is effective January 12, 2009, unless significant adverse comments are received by November 26, 2008. 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. If the rule is withdrawn, timely notice will be published in the Federal Register. ADDRESSES: Please include the following number RIN 3150–AI48 in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. You may submit comments by any one of the following methods: E-mail comments to: Federal eRulemaking Portal https:// www.regulations.gov; search docket ID: [NRC–2008–0438]. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at 301–415–1677. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (telephone 301–415– 1677). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301–415–1101. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC’s Public Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/reading-rm/ adams.html. From this site, the public can gain entry into ADAMS, which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the PDR Reference staff at 1–800–397–4209, 301–415–4737 or by e-mail to pdr.resource@nrc.gov. An electronic copy of the CoC No. 1015, the revised TS, and the preliminary safety evaluation report (SER) for Amendment 5 can be found under ADAMS Package Number ML081620083. CoC No. 1015, the revised TS, the preliminary SER for Amendment No. 5, and the environmental assessment are available for inspection at the NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone (301) 415–6219, e-mail Jayne.McCausland@nrc.gov. FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415– 6219, e-mail Jayne.McCausland@nrc.gov. SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that ‘‘[t]he Secretary [of the Department of Energy (DOE)] 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 E:\FR\FM\27OCR1.SGM 27OCR1 63622 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations sroberts on PROD1PC70 with RULES 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 NWPA states, in part, that ‘‘[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in 10 CFR Part 72, 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 on October 19, 2000 (65 FR 62581), that approved the NAC–UMS Universal Storage System cask design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1015. Discussion On September 22, 2006, and as supplemented on May 8, September 6, September 10, September 26, and November 30, 2007, and April 23 and May 8, 2008, the certificate holder, NAC International, Inc. (NAC), submitted an application to the NRC that requested an amendment to CoC No. 1015. Specifically, NAC requested modifications to the CoC to incorporate certain high burnup PWR fuel as approved contents and to reflect those changes in the associated TS. In addition, as set forth in the SER, NAC requested several other changes to the TS and the FSAR to enhance the loading and storage operation of the NAC–UMS dry storage cask system. As documented in the SER, the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. In addition, the NRC staff has determined that there continues to be reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the NAC–UMS Universal Storage System listing in 10 CFR 72.214 by adding Amendment No. 5 to CoC No. 1015. The VerDate Aug<31>2005 17:05 Oct 24, 2008 Jkt 214001 amendment consists of the changes described above, as set forth in the revised CoC and TS. The particular TS which are changed are identified in the SER. The amended NAC–UMS Universal Storage System, when used under the conditions specified in the CoC, the TS, and NRC regulations, will meet the requirements of Part 72; thus, adequate protection of public health and safety will continue to be ensured. Once this direct final rule becomes effective, entities holding a general license under 10 CFR 72.210 may load spent nuclear fuel into NAC–UMS casks that meet the criteria of Amendment No. 5 to CoC No. 1015, in accordance with 10 CFR 72.212. (a) The comment causes the NRC staff 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 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 TS. Procedural Background This rule is limited to the changes contained in Amendment 5 to CoC No. 1015 and does not include other aspects of the NAC–UMS dry storage cask system. The NRC is using the ‘‘direct final rule procedure’’ to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on January 12, 2009. However, if the NRC receives significant adverse comments on this direct final rule by November 26, 2008, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published elsewhere in this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the NAC–UMS cask design listed in § 72.214 (List of NRCapproved spent fuel storage cask designs). This action does not constitute the establishment of a standard that contains generally applicable requirements. Agreement State Compatibility Under the ‘‘Policy Statement on Adequacy and Compatibility of Agreement State Programs’’ approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category ‘‘NRC.’’ Compatibility is not required for Category ‘‘NRC’’ regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended (AEA), or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State’s administrative procedure laws but does not confer regulatory authority on the State. Discussion of Amendments by Section Section 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1015 is revised by adding the effective date of Amendment Number 5. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Plain Language The Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883), directed that the Government’s documents be in clear E:\FR\FM\27OCR1.SGM 27OCR1 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations and accessible language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES, above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has prepared an environmental assessment and, on the basis of this environmental assessment, has made a finding of no significant impact. This rule will amend the CoC for the NAC–UMS cask design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. The amendment will modify the CoC to incorporate certain high burnup PWR fuel as approved contents and to reflect those changes in the associated TS. In addition, the proposed amendment to the CoC would include several other changes to the TS and the FSAR to enhance the loading and storage operation of the NAC–UMS system. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available from Jayne M. McCausland, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415–6219, e-mail Jayne.McCausland@nrc.gov. sroberts on PROD1PC70 with RULES Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150–0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement VerDate Aug<31>2005 17:05 Oct 24, 2008 Jkt 214001 63623 unless the requesting document displays a currently valid OMB control number. is believed to be as satisfactory, and thus, this action is recommended. Regulatory Analysis Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and NAC. These entities do not fall within the scope of the definition of ‘‘small entities’’ set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR Part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask’s CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On October 19, 2000 (65 FR 62581), the NRC issued an amendment to Part 72 that approved the NAC–UMS Universal Storage System cask design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On September 22, 2006, and as supplemented on May 8, September 6, September 10, September 26, and November 30, 2007, and April 23 and May 8, 2008, the certificate holder, NAC, submitted an application to the NRC to amend CoC No. 1015 to incorporate certain high burnup PWR fuel as approved contents and to reflect those changes in the associated TS. In addition, NAC requested several other changes to the TS and the FSAR to enhance the loading and storage operation of the NAC–UMS Universal Storage System. The alternative to this action is to withhold approval of Amendment No. 5 and to require any Part 72 general licensee, seeking to load fuel into NAC– UMS casks under Amendment No. 5, to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested Part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of the direct final rule is consistent with previous NRC actions. Further, as documented in the SER and the environmental assessment, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of the direct final rule are commensurate with the NRC’s responsibilities for public health and safety and the common defense and security. No other available alternative PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 Regulatory Flexibility Certification Backfit Analysis The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. Congressional Review Act Under the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget. 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 adopting 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 1. The authority citation for Part 72 continues to read as follows: ■ Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as E:\FR\FM\27OCR1.SGM 27OCR1 63624 Federal Register / Vol. 73, No. 208 / Monday, October 27, 2008 / Rules and Regulations amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86–373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102– 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100–203, 101 Stat. 1330–235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100–203, 101 Stat. 1330–232, 1330–236 (42 U.S.C. 10162(b), 10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100–203, 101 Stat. 1330–235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1015 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. sroberts on PROD1PC70 with RULES * * * * * Certificate Number: 1015. Initial Certificate Effective Date: November 20, 2000. Amendment Number 1 Effective Date: February 20, 2001. Amendment Number 2 Effective Date: December 31, 2001. Amendment Number 3 Effective Date: March 31, 2004. Amendment Number 4 Effective Date: October 11, 2005. Amendment Number 5 Effective Date: January 12, 2009. SAR Submitted by: NAC International, Inc. SAR Title: Final Safety Analysis Report for the NAC–UMS Universal Storage System. Docket Number: 72–1015. Certificate Expiration Date: November 20, 2020. Model Number: NAC–UMS. * * * * * Dated at Rockville, Maryland, this 7th day of October 2008. For the Nuclear Regulatory Commission. R. W. Borchardt, Executive Director for Operations. [FR Doc. E8–25540 Filed 10–24–08; 8:45 am] BILLING CODE 7590–01–P VerDate Aug<31>2005 17:05 Oct 24, 2008 Jkt 214001 FEDERAL RESERVE SYSTEM 12 CFR Part 225 [Regulation Y; Docket No. R–1336] Capital Adequacy Guidelines: Treatment of Perpetual Preferred Stock Issued to the United States Treasury Under the Emergency Economic Stabilization Act of 2008 Board of Governors of the Federal Reserve System (Board). ACTION: Correcting amendments. AGENCY: SUMMARY: The Board published an interim final rule with request for public comment in the Federal Register on October 22, 2008 ( 73 FR 62851), providing that bank holding companies that issue new senior perpetual preferred stock to the U.S Department of Treasury under the capital purchase program announced by the Secretary of the Treasury on October 14, 2008, may include such capital instruments in Tier 1 capital for purposes of the Board’s risk-based and leverage capital rules and guidelines for bank holding companies. The Public Law was cited incorrectly. This document corrects the citation in footnote 1 of the Supplementary Information and in the interim final regulation by revising these sections. DATES: Effective October 27, 2008. ADDRESSES: You may submit comments, identified by Docket No. R–1336, by any of the following methods: • Agency Web Site: https:// www.federalreserve.gov. Follow the instructions for submitting comments at https://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: regs.comments@federalreserve.gov. Include docket number in the subject line of the message. • FAX: (202) 452–3819 or (202) 452– 3102. • Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board’s Web site at https:// www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper form in Room MP–500 of the Board’s Martin Building (20th and C PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Streets, NW) between 9 a.m. and 5 p.m. on weekdays. FOR FURTHER INFORMATION CONTACT: Norah M. Barger, Deputy Director, (202) 452–2402, or John Connolly, Senior Project Manager, (202) 452–3621, Division of Banking Supervision and Regulation; or Kieran J. Fallon, Assistant General Counsel, (202) 452–5270, Mark E. Van Der Weide, Assistant General Counsel, (202) 452–2263, or Benjamin W. McDonough, Senior Attorney, (202) 452–2036, Legal Division; Board of Governors of the Federal Reserve System, 20th Street and Constitution Ave., NW., Washington, DC 20551. For the hearing impaired only, Telecommunication Device for the Deaf (TDD), (202) 263–4869. SUPPLEMENTARY INFORMATION: On October 3, 2008, President Bush signed the Emergency Economic Stabilization Act of 2008 (Act) 1 into law. List of Subjects in 12 CFR Part 225 Administrative practice and procedure, Banks, Banking, Federal Reserve System, Holding companies, Reporting and recordkeeping requirements, Securities. ■ Accordingly, 12 CFR part 225 is corrected by making the following correcting amendment: Authority and Issuance For the reasons stated in the preamble, the Board of Governors of the Federal Reserve System amends part 225 of chapter II of title 12 of the Code of Federal Regulations as follows: ■ PART 225—BANK HOLDING COMPANIES AND CHANGE IN BANK CONTROL (REGULATION Y) 1. The authority citation for part 225 continues to read as follows: ■ Authority: 12 U.S.C. 1817(j)(13), 1818, 1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b), 1972(1), 3106, 3108, 3310, 3331–3351, 3907, and 3909; 15 U.S.C. 6801 and 6805. 2. In appendix A to part 225, revise section II.A.1.a.ii.; and footnote 8 in section II.A.1.c.ii.(2) to read as follows: ■ Appendix A to Part 225—Capital Adequacy Guidelines for Bank Holding Companies: Risk-Based Measure * * * * * II. * * * A. * * * 1. * * * a. * * * ii. Qualifying noncumulative perpetual preferred stock, including related surplus, and senior perpetual preferred stock issued 1 Division A of Pub. L. No. 110–343, 122 Stat. 3765 (2008). E:\FR\FM\27OCR1.SGM 27OCR1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 73, Number 208 (Monday, October 27, 2008)]
[Rules and Regulations]
[Pages 63621-63624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25540]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2008-0438]
RIN 3150-AI48


List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage cask regulations by revising the NAC International, 
Inc., NAC-UMS Universal Storage System listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to 
Certificate of Compliance (CoC) Number 1015. Amendment No. 5 will 
modify the CoC to incorporate certain high burnup pressurized water 
reactor (PWR) fuel as approved contents and to reflect those changes in 
the associated Technical Specifications (TS). In addition, the 
amendment to the CoC will include several other changes to the TS and 
the Final Safety Analysis Report (FSAR) to enhance the loading and 
storage operation of the NAC-UMS Universal Storage System.

DATES: The final rule is effective January 12, 2009, unless significant 
adverse comments are received by November 26, 2008. 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. If the rule is withdrawn, timely notice will be published in 
the Federal Register.

ADDRESSES: Please include the following number RIN 3150-AI48 in the 
subject line of your comments. Comments on rulemakings submitted in 
writing or in electronic form will be made available for public 
inspection. Because your comments will not be edited to remove any 
identifying or contact information, the NRC cautions you against 
including personal information such as social security numbers and 
birth dates in your submission. You may submit comments by any one of 
the following methods:
    E-mail comments to: Federal eRulemaking Portal https://
www.regulations.gov; search docket ID: [NRC-2008-0438].
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (telephone 301-
415-1677).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O1 F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor 
will copy documents for a fee.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into ADAMS, which provides text and 
image files of NRC's public documents. If you do not have access to 
ADAMS or if there are problems in accessing the documents located in 
ADAMS, contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 
or by e-mail to pdr.resource@nrc.gov. An electronic copy of the CoC No. 
1015, the revised TS, and the preliminary safety evaluation report 
(SER) for Amendment 5 can be found under ADAMS Package Number 
ML081620083.
    CoC No. 1015, the revised TS, the preliminary SER for Amendment No. 
5, and the environmental assessment are available for inspection at the 
NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of these 
documents may be obtained from Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail Jayne.McCausland@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail Jayne.McCausland@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of the Department of Energy 
(DOE)] 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

[[Page 63622]]

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 NWPA 
states, in part, that ``[t]he Commission shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 218(a) for use at the site of any civilian 
nuclear power reactor.''
    To implement this mandate, the NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in 10 CFR Part 72, 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 on October 19, 2000 (65 FR 
62581), that approved the NAC-UMS Universal Storage System cask design 
and added it to the list of NRC-approved cask designs in 10 CFR 72.214 
as CoC No. 1015.

Discussion

    On September 22, 2006, and as supplemented on May 8, September 6, 
September 10, September 26, and November 30, 2007, and April 23 and May 
8, 2008, the certificate holder, NAC International, Inc. (NAC), 
submitted an application to the NRC that requested an amendment to CoC 
No. 1015. Specifically, NAC requested modifications to the CoC to 
incorporate certain high burnup PWR fuel as approved contents and to 
reflect those changes in the associated TS. In addition, as set forth 
in the SER, NAC requested several other changes to the TS and the FSAR 
to enhance the loading and storage operation of the NAC-UMS dry storage 
cask system. As documented in the SER, the NRC staff performed a 
detailed safety evaluation of the proposed CoC amendment request and 
found that an acceptable safety margin is maintained. In addition, the 
NRC staff has determined that there continues to be reasonable 
assurance that public health and safety and the environment will be 
adequately protected.
    This direct final rule revises the NAC-UMS Universal Storage System 
listing in 10 CFR 72.214 by adding Amendment No. 5 to CoC No. 1015. The 
amendment consists of the changes described above, as set forth in the 
revised CoC and TS. The particular TS which are changed are identified 
in the SER.
    The amended NAC-UMS Universal Storage System, when used under the 
conditions specified in the CoC, the TS, and NRC regulations, will meet 
the requirements of Part 72; thus, adequate protection of public health 
and safety will continue to be ensured. Once this direct final rule 
becomes effective, entities holding a general license under 10 CFR 
72.210 may load spent nuclear fuel into NAC-UMS casks that meet the 
criteria of Amendment No. 5 to CoC No. 1015, in accordance with 10 CFR 
72.212.

Discussion of Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate No. 1015 is revised by adding the effective date of 
Amendment Number 5.

Procedural Background

    This rule is limited to the changes contained in Amendment 5 to CoC 
No. 1015 and does not include other aspects of the NAC-UMS dry storage 
cask system. The NRC is using the ``direct final rule procedure'' to 
issue this amendment because it represents a limited and routine change 
to an existing CoC that is expected to be noncontroversial. Adequate 
protection of public health and safety continues to be ensured. The 
amendment to the rule will become effective on January 12, 2009. 
However, if the NRC receives significant adverse comments on this 
direct final rule by November 26, 2008, then the NRC will publish a 
document that withdraws this action and will subsequently address the 
comments received in a final rule as a response to the companion 
proposed rule published elsewhere in this issue of the Federal 
Register. Absent significant modifications to the proposed revisions 
requiring republication, the NRC will not initiate a second comment 
period on this action.
    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 staff 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 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 TS.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the NAC-UMS cask design listed in Sec.  72.214 (List of NRC-approved 
spent fuel storage cask designs). This action does not constitute the 
establishment of a standard that contains generally applicable 
requirements.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws but does not confer 
regulatory authority on the State.

Plain Language

    The Presidential Memorandum, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear

[[Page 63623]]

and accessible language. The NRC requests comments on this direct final 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent to the address listed under the 
heading ADDRESSES, above.

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in Subpart A of 10 CFR Part 51, the NRC has 
determined that this rule, if adopted, would not be a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact statement is not required. The 
NRC has prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule will amend the CoC for the NAC-UMS cask design within the 
list of approved spent fuel storage casks that power reactor licensees 
can use to store spent fuel at reactor sites under a general license. 
The amendment will modify the CoC to incorporate certain high burnup 
PWR fuel as approved contents and to reflect those changes in the 
associated TS. In addition, the proposed amendment to the CoC would 
include several other changes to the TS and the FSAR to enhance the 
loading and storage operation of the NAC-UMS system. The environmental 
assessment and finding of no significant impact on which this 
determination is based are available for inspection at the NRC Public 
Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of 
the environmental assessment and finding of no significant impact are 
available from Jayne M. McCausland, Office of Federal and State 
Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail Jayne.McCausland@nrc.gov.

Paperwork Reduction Act Statement

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
approved by the Office of Management and Budget, Approval Number 3150-
0132.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR Part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's CoC, and the 
conditions of the general license are met. A list of NRC-approved cask 
designs is contained in 10 CFR 72.214. On October 19, 2000 (65 FR 
62581), the NRC issued an amendment to Part 72 that approved the NAC-
UMS Universal Storage System cask design by adding it to the list of 
NRC-approved cask designs in 10 CFR 72.214. On September 22, 2006, and 
as supplemented on May 8, September 6, September 10, September 26, and 
November 30, 2007, and April 23 and May 8, 2008, the certificate 
holder, NAC, submitted an application to the NRC to amend CoC No. 1015 
to incorporate certain high burnup PWR fuel as approved contents and to 
reflect those changes in the associated TS. In addition, NAC requested 
several other changes to the TS and the FSAR to enhance the loading and 
storage operation of the NAC-UMS Universal Storage System.
    The alternative to this action is to withhold approval of Amendment 
No. 5 and to require any Part 72 general licensee, seeking to load fuel 
into NAC-UMS casks under Amendment No. 5, to request an exemption from 
the requirements of 10 CFR 72.212 and 72.214. Under this alternative, 
each interested Part 72 licensee would have to prepare, and the NRC 
would have to review, a separate exemption request, thereby increasing 
the administrative burden upon the NRC and the costs to each licensee.
    Approval of the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, the direct final rule will have no adverse effect on public 
health and safety. This direct final rule has no significant 
identifiable impact or benefit on other Government agencies. Based on 
this regulatory analysis, the NRC concludes that the requirements of 
the direct final rule are commensurate with the NRC's responsibilities 
for public health and safety and the common defense and security. No 
other available alternative is believed to be as satisfactory, and 
thus, this action is recommended.

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this rule will not, if issued, have a significant 
economic impact on a substantial number of small entities. This direct 
final rule affects only nuclear power plant licensees and NAC. These 
entities do not fall within the scope of the definition of ``small 
entities'' set forth in the Regulatory Flexibility Act or the size 
standards established by the NRC (10 CFR 2.810).

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule because this amendment does not 
involve any provisions that would impose backfits as defined in 10 CFR 
Chapter I. Therefore, a backfit analysis is not required.

Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs, 
Office of Management and Budget.

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.

0
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 adopting 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: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as

[[Page 63624]]

amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 
2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 
86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended 
by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 
102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 
133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, 
sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 
10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 
(42 U.S.C. 2014, 2021, 2021b, 2111).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


0
2. In Sec.  72.214, Certificate of Compliance 1015 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000.
Amendment Number 1 Effective Date: February 20, 2001.
Amendment Number 2 Effective Date: December 31, 2001.
Amendment Number 3 Effective Date: March 31, 2004.
Amendment Number 4 Effective Date: October 11, 2005.
Amendment Number 5 Effective Date: January 12, 2009.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC-UMS Universal 
Storage System.
Docket Number: 72-1015.
Certificate Expiration Date: November 20, 2020.
Model Number: NAC-UMS.
* * * * *

    Dated at Rockville, Maryland, this 7th day of October 2008.

    For the Nuclear Regulatory Commission.
R. W. Borchardt,
Executive Director for Operations.
[FR Doc. E8-25540 Filed 10-24-08; 8:45 am]
BILLING CODE 7590-01-P

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