List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition, 70587-70590 [E8-27715]

Download as PDF Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations Authority: 7 U.S.C. 1621–1627. Dated: November 12, 2008. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. E8–27288 Filed 11–20–08; 8:45 am] BILLING CODE 3410–02–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2008–0568] RIN 3150–AI51 List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition Nuclear Regulatory Commission. ACTION: Direct final rule. dwashington3 on PRODPC61 with RULES AGENCY: SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to add the NAC International Inc. (NAC) MAGNASTOR cask system to the ‘‘List of Approved Spent Fuel Storage Casks.’’ This direct final rule allows the holders of power reactor operating licenses to store spent fuel in this approved cask system under a general license. DATES: The final rule is effective February 4, 2009, unless significant adverse comments are received by December 22, 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 If the rule is withdrawn, timely notice will be published in the Federal Register.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: You can access publicly available documents related to this document using the following methods: Federal e-Rulemaking Portal: Go to http://www.regulations.gov and search for documents filed under Docket ID [NRC–2008–0568]. Address questions about NRC dockets to Carol Gallagher, 301–415–5905; e-mail Carol.Gallagher@nrc.gov. NRC’s Public Document Room (PDR): The public may examine and have copied for a fee publicly available documents at the NRC’s PDR, Public File Area O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are VerDate Aug<31>2005 13:08 Nov 20, 2008 Jkt 217001 available electronically at the NRC’s Electronic Reading Room at http:// www.nrc.gov/reading-rm/adams.html. From this page, 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 NRC’s 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 proposed Certificate of Compliance (CoC), technical specifications (TS), and preliminary safety evaluation report (SER) can be found under ADAMS Package Number ML082420063. CoC No. 1031, the TS, the preliminary SER, 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 U.S. 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 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 70587 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. Discussion This rule will add the NAC MAGNASTOR cask system to the list of approved spent fuel storage casks in 10 CFR 72.214. Following the procedures specified in 10 CFR 72.230 of subpart L, NAC submitted an application for NRC approval, together with the Safety Analysis Report (SAR) entitled, ‘‘Final Safety Analysis Report for the MAGNASTOR System.’’ The NRC evaluated the NAC submittal and issued a preliminary SER and a proposed CoC for the MAGNASTOR System. The MAGNASTOR System is a vertical, canister-based, dry cask storage system designed for interim storage of up to 37 pressurized water reactor (PWR) spent fuel assemblies or 87 boiling water reactor (BWR) spent fuel assemblies. The MAGNASTOR System consists of a transportable storage canister (TSC) with welded closure, a concrete cask to contain the canister during the storage period, and a transfer cask to contain the TSC during loading, transfer, and unloading operations. The spent fuel assemblies are stored in the TSC. In the storage configuration, the TSC is placed in the central cavity of the concrete cask. The concrete cask provides structural protection, radiation shielding, and internal airflow paths that remove the decay heat from the TSC contents by natural air circulation. The other principal component of the MAGNASTOR System is the transfer cask. The transfer cask provides radiation shielding and structural protection for the TSC and its spent fuel contents during canister loading and preparation activities, and during transfer of the TSC to, or from, the concrete cask. The NRC finds that the MAGNASTOR System, as designed and when fabricated and used under the conditions specified in its CoC, meets the requirements of 10 CFR part 72. Thus, use of the MAGNASTOR System, as approved by the NRC, will provide adequate protection of public health and safety. With this final rule, the NRC is approving the use of the MAGNASTOR System under the general license in 10 E:\FR\FM\21NOR1.SGM 21NOR1 70588 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations CFR part 72, subpart K, by holders of power reactor operating licenses under 10 CFR part 50. Simultaneously, the NRC is issuing a final SER and CoC that will be effective on February 4, 2009. Single copies of the CoC and SER are available for public inspection and/or copying for a fee at the NRC Public Document Room, Public File Area O– 1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD. This direct final rule amends 10 CFR 72.214 by adding CoC No. 1031 to the list of approved spent fuel storage casks. The MAGNASTOR System, when used under the conditions specified in CoC No. 1031, 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. Discussion of Amendments by Section dwashington3 on PRODPC61 with RULES Section 72.214 List of Approved Spent Fuel Storage Casks CoC No. 1031 is added to the list of approved spent fuel storage casks. Procedural Background The NRC is using the ‘‘direct final rule procedure’’ to add CoC No. 1031 to the list of approved storage casks because the NAC MAGNASTOR cask system is considered to be similar to other previously approved storage casks and, therefore, is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. This rule will become effective on February 4, 2009. However, if the NRC receives significant adverse comments by December 22, 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: (a) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; VerDate Aug<31>2005 13:08 Nov 20, 2008 Jkt 217001 (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 is adding the NAC MAGNASTOR cask system to the list of NRC-approved cask systems for spent fuel storage in 10 CFR 72.214. 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 and accessible language. The NRC requests comments on this direct final rule specifically with respect to the PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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. The rule will add the CoC for the MAGNASTOR system, CoC No. 1031, 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 MAGNASTOR system is a vertical, canister-based, dry cask storage system designed for interim storage of up to 37 PWR spent fuel assemblies or 87 BWR spent fuel assemblies. The MAGNASTOR system consists of a TSC with welded closure, a concrete cask to contain the canister during the storage period, and a transfer cask to contain the canister during loading, transfer, and unloading operations. In the storage configuration, the TSC is placed in the central cavity of the concrete cask. The concrete cask provides structural protection, radiation shielding, and internal airflow paths that remove the decay heat from the TSC contents by natural air circulation. The other principal component of the MAGNASTOR system is the transfer cask. The transfer cask provides radiation shielding and structural protection for the TSC and its spent fuel contents during canister loading and preparation activities, and during transfer of the TSC to, or from, the concrete cask. 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, Public File Area O–1F21, One White Flint North, 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. E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations 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. dwashington3 on PRODPC61 with RULES Regulatory Analysis On July 18, 1990 (55 FR 29181), the Commission issued an amendment to 10 CFR part 72. The amendment provided for the storage of spent nuclear fuel in cask systems with designs approved by the NRC under a general license. Any nuclear power reactor licensee can use cask systems with designs approved by the NRC 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. In that rule, four spent fuel storage casks were approved for use at reactor sites and were listed in 10 CFR 72.214. That rule envisioned that storage casks certified in the future could be routinely added to the listing in 10 CFR 72.214 through the rulemaking process. Procedures and criteria for obtaining NRC approval of new spent fuel storage cask designs were provided in 10 CFR part 72, subpart L. The alternative to this action is to withhold approval of this new design and issue a site-specific license to each utility that proposes to use the casks. This alternative would cost both the NRC and utilities more time and money for each site-specific license. Conducting site-specific reviews would ignore the procedures and criteria currently in place for the addition of new cask designs that can be used under a general license, and would be in conflict with NWPA direction to the Commission to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site reviews. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will eliminate VerDate Aug<31>2005 13:08 Nov 20, 2008 Jkt 217001 the above problems and is consistent with previous Commission actions. Further, the rule will have no adverse effect on public health and safety. The benefit of this rule to nuclear power reactor licensees is to make available a greater choice of spent fuel storage cask designs that can be used under a 10 CFR part 50 general license. The new cask vendors with casks to be listed in 10 CFR 72.214 benefit by having to obtain NRC certificates only once for a design that can then be used by more than one power reactor licensee. The NRC also benefits because it will need to certify a cask design only once for use by multiple licensees. Casks approved through rulemaking are to be suitable for use under a range of environmental conditions sufficiently broad to encompass multiple nuclear power plants in the United States without the need for further site-specific approval by NRC. Vendors with cask designs already listed may be adversely impacted because power reactor licensees may choose a newly listed design over an existing one. However, the NRC is required by its regulations and NWPA direction to certify and list approved casks. This rule has no significant identifiable impact or benefit on other Government agencies. Based on the above discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the final rule are commensurate with the Commission’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 rule does not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 70589 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, Hazardous waste, Nuclear materials, Occupational safety and health, 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 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. E:\FR\FM\21NOR1.SGM 21NOR1 70590 Federal Register / Vol. 73, No. 226 / Friday, November 21, 2008 / Rules and Regulations 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 1031 is added to read as follows: ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1031. Initial Certificate Effective Date: February 4, 2009. 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 31st day of October, 2008. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. E8–27715 Filed 11–20–08; 8:45 am] BILLING CODE 7590–01–P FEDERAL RESERVE SYSTEM 12 CFR Part 229 [Regulation CC; Docket No. R–1339] Availability of Funds and Collection of Checks Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. AGENCY: SUMMARY: The Board of Governors (Board) is amending the routing number guide to next-day availability checks and local checks in Regulation CC to delete the reference to the Des Moines office of the Federal Reserve Bank of Chicago and to reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Chicago. These amendments reflect the restructuring of check-processing operations within the Federal Reserve System. The final rule will become effective on January 31, 2009. DATES: dwashington3 on PRODPC61 with RULES FOR FURTHER INFORMATION CONTACT: Jeffrey S.H. Yeganeh, Financial Services Manager (202/728–5801), or Joseph P. Baressi, Financial Services Project Leader (202/452–3959), Division of Reserve Bank Operations and Payment Systems; or Sophia H. Allison, Senior Counsel (202/452–3565), Legal Division. For users of Telecommunications VerDate Aug<31>2005 13:08 Nov 20, 2008 Jkt 217001 Devices for the Deaf (TDD) only, contact 202/263–4869. SUPPLEMENTARY INFORMATION: Regulation CC establishes the maximum period a depositary bank may wait between receiving a deposit and making the deposited funds available for withdrawal.1 A depositary bank generally must provide faster availability for funds deposited by a ‘‘local check’’ than by a ‘‘nonlocal check.’’ A check is considered local if it is payable by or at or through a bank located in the same Federal Reserve check-processing region as the depositary bank. Appendix A to Regulation CC contains a routing number guide that assists banks in identifying local and nonlocal banks and thereby determining the maximum permissible hold periods for most deposited checks. The appendix includes a list of each Federal Reserve check-processing office and the first four digits of the routing number, known as the Federal Reserve routing symbol, of each bank that is served by that office for check-processing purposes. Banks whose Federal Reserve routing symbols are grouped under the same office are in the same checkprocessing region and thus are local to one another. On January 31, 2009, the Reserve Banks will transfer the check-processing operations of the Des Moines office of the Federal Reserve Bank of Chicago to the head office of the Federal Reserve Bank of Chicago.2 As a result of this change, some checks that are drawn on and deposited at banks located in the Des Moines and Chicago checkprocessing regions and that currently are nonlocal checks will become local checks subject to faster availability schedules. To assist banks in identifying local and nonlocal checks and making funds availability decisions, the Board is amending the list of routing symbols in appendix A associated with the Federal Reserve Bank of Chicago to reflect the transfer of check-processing operations from the Des Moines office to 1 For purposes of Regulation CC, the term ‘‘bank’’ refers to any depository institution, including commercial banks, savings institutions, and credit unions. 2 The Reserve Banks announced in March 2008 that the check-processing operations of the Des Moines office would be transferred to the head office of the Federal Reserve Bank of Cleveland in the third quarter of 2009. See http:// www.federalreserve.gov/newsevents/press/other/ 20080331a.htm. Banks in the current Des Moines, Chicago, and Cleveland check-processing regions should note that the Federal Reserve Banks’ transfer of the Des Moines office’s check-processing operations to the Chicago head office differs from that announcement. The Reserve Banks believe that this arrangement will better serve the needs of affected depository institutions. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 the head office of the Federal Reserve Bank of Chicago. To coincide with the effective date of the underlying checkprocessing changes, the amendments to appendix A are effective January 31, 2009. The Board is providing notice of the amendments at this time to give affected banks ample time to make any needed processing changes. Early notice also will enable affected banks to amend their availability schedules and related disclosures if necessary and provide their customers with notice of these changes.3 Administrative Procedure Act The Board has not followed the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of the final rule. The revisions to appendix A are technical in nature and are required by the statutory and regulatory definitions of ‘‘check-processing region.’’ Because there is no substantive change on which to seek public input, the Board has determined that the § 553(b) notice and comment procedures are unnecessary. In addition, the underlying consolidation of Federal Reserve Bank check-processing offices involves a matter relating to agency management, which is exempt from notice and comment procedures. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR 1320 Appendix A.1), the Board has reviewed the final rule under authority delegated to the Board by the Office of Management and Budget. The technical amendment to appendix A of Regulation CC will delete the reference to the Des Moines office of the Federal Reserve Bank of Chicago and reassign the routing symbols listed under that office to the head office of the Federal Reserve Bank of Chicago. The depository institutions that are located in the affected check-processing regions and that include the routing numbers in their disclosure statements would be required to notify customers of the resulting change in availability under § 229.18(e). However, all paperwork collection procedures associated with Regulation CC already are in place, and the Board accordingly anticipates that no additional burden will be imposed as a result of this rulemaking. List of Subjects in 12 CFR Part 229 Banks, Banking, Reporting and recordkeeping requirements. 3 Section 229.18(e) of Regulation CC requires that banks notify account holders who are consumers within 30 days after implementing a change that improves the availability of funds. E:\FR\FM\21NOR1.SGM 21NOR1

Agencies

[Federal Register Volume 73, Number 226 (Friday, November 21, 2008)]
[Rules and Regulations]
[Pages 70587-70590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27715]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2008-0568]
RIN 3150-AI51


List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to add the NAC International Inc. (NAC) MAGNASTOR cask 
system to the ``List of Approved Spent Fuel Storage Casks.'' This 
direct final rule allows the holders of power reactor operating 
licenses to store spent fuel in this approved cask system under a 
general license.

DATES: The final rule is effective February 4, 2009, unless significant 
adverse comments are received by December 22, 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: You can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0568]. Address 
questions about NRC dockets to Carol Gallagher, 301-415-5905; e-mail 
Carol.Gallagher@nrc.gov.
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http:/
/www.nrc.gov/reading-rm/adams.html. From this page, 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 NRC's 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 proposed Certificate of 
Compliance (CoC), technical specifications (TS), and preliminary safety 
evaluation report (SER) can be found under ADAMS Package Number 
ML082420063.
    CoC No. 1031, the TS, the preliminary SER, 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 U.S. 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 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.

Discussion

    This rule will add the NAC MAGNASTOR cask system to the list of 
approved spent fuel storage casks in 10 CFR 72.214. Following the 
procedures specified in 10 CFR 72.230 of subpart L, NAC submitted an 
application for NRC approval, together with the Safety Analysis Report 
(SAR) entitled, ``Final Safety Analysis Report for the MAGNASTOR 
System.'' The NRC evaluated the NAC submittal and issued a preliminary 
SER and a proposed CoC for the MAGNASTOR System.
    The MAGNASTOR System is a vertical, canister-based, dry cask 
storage system designed for interim storage of up to 37 pressurized 
water reactor (PWR) spent fuel assemblies or 87 boiling water reactor 
(BWR) spent fuel assemblies. The MAGNASTOR System consists of a 
transportable storage canister (TSC) with welded closure, a concrete 
cask to contain the canister during the storage period, and a transfer 
cask to contain the TSC during loading, transfer, and unloading 
operations. The spent fuel assemblies are stored in the TSC. In the 
storage configuration, the TSC is placed in the central cavity of the 
concrete cask. The concrete cask provides structural protection, 
radiation shielding, and internal airflow paths that remove the decay 
heat from the TSC contents by natural air circulation. The other 
principal component of the MAGNASTOR System is the transfer cask. The 
transfer cask provides radiation shielding and structural protection 
for the TSC and its spent fuel contents during canister loading and 
preparation activities, and during transfer of the TSC to, or from, the 
concrete cask.
    The NRC finds that the MAGNASTOR System, as designed and when 
fabricated and used under the conditions specified in its CoC, meets 
the requirements of 10 CFR part 72. Thus, use of the MAGNASTOR System, 
as approved by the NRC, will provide adequate protection of public 
health and safety. With this final rule, the NRC is approving the use 
of the MAGNASTOR System under the general license in 10

[[Page 70588]]

CFR part 72, subpart K, by holders of power reactor operating licenses 
under 10 CFR part 50. Simultaneously, the NRC is issuing a final SER 
and CoC that will be effective on February 4, 2009. Single copies of 
the CoC and SER are available for public inspection and/or copying for 
a fee at the NRC Public Document Room, Public File Area O-1F21, One 
White Flint North, 11555 Rockville Pike, Rockville, MD.
    This direct final rule amends 10 CFR 72.214 by adding CoC No. 1031 
to the list of approved spent fuel storage casks.
    The MAGNASTOR System, when used under the conditions specified in 
CoC No. 1031, 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.

Discussion of Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    CoC No. 1031 is added to the list of approved spent fuel storage 
casks.

Procedural Background

    The NRC is using the ``direct final rule procedure'' to add CoC No. 
1031 to the list of approved storage casks because the NAC MAGNASTOR 
cask system is considered to be similar to other previously approved 
storage casks and, therefore, is expected to be noncontroversial. 
Adequate protection of public health and safety continues to be 
ensured. This rule will become effective on February 4, 2009. However, 
if the NRC receives significant adverse comments by December 22, 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 is adding the 
NAC MAGNASTOR cask system to the list of NRC-approved cask systems for 
spent fuel storage in 10 CFR 72.214. 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 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. 
The rule will add the CoC for the MAGNASTOR system, CoC No. 1031, 
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 MAGNASTOR system is a vertical, canister-based, dry cask 
storage system designed for interim storage of up to 37 PWR spent fuel 
assemblies or 87 BWR spent fuel assemblies. The MAGNASTOR system 
consists of a TSC with welded closure, a concrete cask to contain the 
canister during the storage period, and a transfer cask to contain the 
canister during loading, transfer, and unloading operations. In the 
storage configuration, the TSC is placed in the central cavity of the 
concrete cask. The concrete cask provides structural protection, 
radiation shielding, and internal airflow paths that remove the decay 
heat from the TSC contents by natural air circulation. The other 
principal component of the MAGNASTOR system is the transfer cask. The 
transfer cask provides radiation shielding and structural protection 
for the TSC and its spent fuel contents during canister loading and 
preparation activities, and during transfer of the TSC to, or from, the 
concrete cask. 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, Public File Area O-
1F21, One White Flint North, 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.

[[Page 70589]]

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 Commission issued an amendment 
to 10 CFR part 72. The amendment provided for the storage of spent 
nuclear fuel in cask systems with designs approved by the NRC under a 
general license. Any nuclear power reactor licensee can use cask 
systems with designs approved by the NRC 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. In that rule, four spent fuel storage casks 
were approved for use at reactor sites and were listed in 10 CFR 
72.214. That rule envisioned that storage casks certified in the future 
could be routinely added to the listing in 10 CFR 72.214 through the 
rulemaking process. Procedures and criteria for obtaining NRC approval 
of new spent fuel storage cask designs were provided in 10 CFR part 72, 
subpart L.
    The alternative to this action is to withhold approval of this new 
design and issue a site-specific license to each utility that proposes 
to use the casks. This alternative would cost both the NRC and 
utilities more time and money for each site-specific license. 
Conducting site-specific reviews would ignore the procedures and 
criteria currently in place for the addition of new cask designs that 
can be used under a general license, and would be in conflict with NWPA 
direction to the Commission to approve technologies for the use of 
spent fuel storage at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site reviews. This alternative also would tend to exclude new vendors 
from the business market without cause and would arbitrarily limit the 
choice of cask designs available to power reactor licensees. This final 
rule will eliminate the above problems and is consistent with previous 
Commission actions. Further, the rule will have no adverse effect on 
public health and safety.
    The benefit of this rule to nuclear power reactor licensees is to 
make available a greater choice of spent fuel storage cask designs that 
can be used under a 10 CFR part 50 general license. The new cask 
vendors with casks to be listed in 10 CFR 72.214 benefit by having to 
obtain NRC certificates only once for a design that can then be used by 
more than one power reactor licensee. The NRC also benefits because it 
will need to certify a cask design only once for use by multiple 
licensees. Casks approved through rulemaking are to be suitable for use 
under a range of environmental conditions sufficiently broad to 
encompass multiple nuclear power plants in the United States without 
the need for further site-specific approval by NRC. Vendors with cask 
designs already listed may be adversely impacted because power reactor 
licensees may choose a newly listed design over an existing one. 
However, the NRC is required by its regulations and NWPA direction to 
certify and list approved casks. This rule has no significant 
identifiable impact or benefit on other Government agencies.
    Based on the above discussion of the benefits and impacts of the 
alternatives, the NRC concludes that the requirements of the final rule 
are commensurate with the Commission'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 rule 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, Hazardous waste, Nuclear 
materials, Occupational safety and health, 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 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.

[[Page 70590]]

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 1031 is added to read as 
follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1031.
    Initial Certificate Effective Date: February 4, 2009.
    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 31st day of October, 2008.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
 [FR Doc. E8-27715 Filed 11-20-08; 8:45 am]
BILLING CODE 7590-01-P