List of Approved Spent Fuel Storage Casks: MAGNASTOR ® System, Revision 2, 70331-70334 [2011-29341]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations
communication. If unsuccessful in
preventing the communication, the
Commissioner or employee shall advise
the person making the communication
that he or she will not consider the
communication and shall prepare a
statement setting forth the substance
and circumstances of the
communication. Within 48 hours of
receipt of the communication, the
Commissioner or any member of any
Commissioner’s staff shall prepare a
statement setting forth the substance
and circumstances of the
communication and shall deliver the
statement to the General Counsel for
placing in the file in the manner set
forth in paragraph (c) of this section.
(e) Additional rules governing ex
parte communications made in
connection with Commission
enforcement actions are found at 11 CFR
111.22. Rules governing ex parte
communications made in connection
with public funding, Commission
audits, litigation, rulemakings, and
advisory opinions are found at 11 CFR
part 201.
PART 201—EX PARTE
COMMUNICATIONS
3. The authority citation for Part 201
continues to read as follows:
■
Authority: 2 U.S.C. 437d(a)(8), 2 U.S.C.
438(a)(8), 5 U.S.C. 553(e).
4. Section 201.1 is amended by
removing the citation ‘‘7.15’’ and adding
in its place the citation ‘‘7.8.’’
■
On behalf of the Commission.
Dated: October 21, 2011.
Cynthia L. Bauerly,
Chair, Federal Election Commission.
Dated: October 31, 2011.
Don W. Fox,
Acting Director, Office of Government Ethics.
[FR Doc. 2011–29090 Filed 11–10–11; 8:45 am]
BILLING CODE 6715–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2011–0008]
mstockstill on DSK4VPTVN1PROD with RULES
RIN 3150–AI91
List of Approved Spent Fuel Storage
Casks: MAGNASTOR ® System,
Revision 2
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC or the Commission)
SUMMARY:
VerDate Mar<15>2010
16:08 Nov 10, 2011
Jkt 226001
is amending its spent fuel storage
regulations by revising the NAC
International, Inc. (NAC)
MAGNASTOR ® System listing within
the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 2 to Certificate of Compliance (CoC)
Number 1031. Amendment No. 2 will
revise: Technical Specification (TS)
3.3.2 to reduce the transportable storage
canister removable surface
contamination limits; TS 4.1.1 to add
various boron-10 areal densities for use
with Pressurized Water Reactor and
Boiling Water Reactor baskets and to
replace the fuel tube orthogonal pitch
with the minimum fuel tube outer
diagonal dimension; Table 2.1–2,
‘‘ASME Code Alternatives for
MAGNASTOR ® components,’’ of the
Final Safety Analysis Report to correct
the code reference; and Appendices A
and B of the TSs to make editorial
corrections.
DATES: The final rule is effective January
30, 2012, unless significant adverse
comments are received by December 14,
2011. 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 Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2011–0008. Address questions
about NRC dockets to Carol Gallagher,
telephone: (301) 492–3668; email:
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, Room
O–1F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852. Copies may also be obtained
from the individual listed in the FOR
FURTHER INFORMATION CONTACT section of
this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available electronically in the NRC
Library at https://www.nrc.gov/readingrm/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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
70331
located in ADAMS, contact the NRC’s
PDR Reference staff at 1–(800) 397–
4209, (301) 415–4737, or by email to
pdr.resource@nrc.gov. An electronic
copy of the proposed CoC, TSs, and
preliminary safety evaluation report
(SER) can be found under ADAMS
Package Accession Number
ML103300181. The ADAMS Accession
Number for the NAC application, dated
March 22, 2010, is ML112630346.
FOR FURTHER INFORMATION CONTACT:
Gregory Trussell, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: (301) 415–
6445, email: Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the Department of Energy] shall
establish a demonstration program, in
cooperation with the private sector, for
the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
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 219(a)
[sic:218(a)] for use at the site of any
civilian nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule in Title 10 of the
Code of Federal Regulations (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 November 21, 2008 (73 FR
70587), that approved the
MAGNASTOR ® cask design and added
it to the list of NRC-approved cask
designs in 10 CFR 72.214 as Certificate
of Compliance (CoC) No. 1031.
E:\FR\FM\14NOR1.SGM
14NOR1
70332
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations
Discussion
On March 22, 2010, and as
supplemented on March 30, March 31,
June 8, July 1, November 10, and
November 19, 2010, and April 22 and
May 17, 2011, NAC, the holder of CoC
No. 1031, submitted an application to
the NRC that requested an amendment
to CoC No. 1031. Specifically, NAC
requested changes to revise: TS 3.3.2 to
reduce the transportable storage canister
removable surface contamination limits;
TS 4.1.1 to add various boron-10 areal
densities for use with Pressurized Water
Reactor and Boiling Water Reactor
baskets and to replace the fuel tube
orthogonal pitch with the minimum fuel
tube outer diagonal dimension; Table
2.1–2, ‘‘ASME Code Alternatives for
MAGNASTOR® components,’’ of the
Final Safety Analysis Report to correct
the code reference; and Appendices A
and B of the TSs to make editorial
corrections.
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 will be adequately protected.
This direct final rule revises the
MAGNASTOR® System listing in 10
CFR 72.214 by adding Amendment No.
2 to CoC No. 1031. The amendment
consists of the changes previously
described, as set forth in the revised
CoC and TSs. The revised TSs are
identified in the SER.
The amended MAGNASTOR® System
cask design, when used under the
conditions specified in the CoC, the
TSs, and NRC regulations, will meet the
requirements of 10 CFR part 72; thus,
adequate protection of public health and
safety will continue to be ensured.
When this direct final rule becomes
effective, persons who hold a general
license under 10 CFR 72.210 may load
spent nuclear fuel into MAGNASTOR®
System casks that meet the criteria of
Amendment No. 2 to CoC No. 1031
under 10 CFR 72.212.
Discussion of Amendments by Section
mstockstill on DSK4VPTVN1PROD with RULES
Section 72.214 List of approved spent fuel
storage casks.
Certificate No. 1031 is revised by
adding the effective date of Amendment
Number 2.
Procedural Background
This rule is limited to the changes
contained in Amendment No. 2 to CoC
No. 1031 and does not include other
aspects of the MAGNASTOR® System.
VerDate Mar<15>2010
17:15 Nov 10, 2011
Jkt 226001
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 30, 2012. However,
if the NRC receives significant adverse
comments on this direct final rule by
December 14, 2011, 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;
(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 TSs.
For detailed instructions on filing
comments, please see the companion
proposed rule published elsewhere in
this issue of the Federal Register.
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 MAGNASTOR®
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
System cask design listed in § 72.214
(List of Approved Spent Fuel Storage
Casks). 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, or the provisions of
10 CFR. Although an Agreement State
may not adopt program elements
reserved to the 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
contact listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
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 MAGNASTOR® System 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 CoC amendment will revise TS
E:\FR\FM\14NOR1.SGM
14NOR1
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations
3.3.2 to reduce the transportable storage
canister removable surface
contamination limits; TS 4.1.1 to add
various boron-10 areal densities for use
with Pressurized Water Reactor and
Boiling Water Reactor baskets and to
replace the fuel tube orthogonal pitch
with the minimum fuel tube outer
diagonal dimension; Table 2.1–2,
‘‘ASME Code Alternatives for
MAGNASTOR® components,’’ of the
Final Safety Analysis Report to correct
the code reference; and Appendices A
and B of the TSs to make editorial
correction changes.
The environmental assessment and
finding of no significant impact on
which this determination is based are
available for inspection at the NRC PDR,
Room O–1F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. Single copies of the
environmental assessment and finding
of no significant impact are available
from Gregory Trussell, Office of Federal
and State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: (301) 415–
6445, email: Gregory.Trussell@nrc.gov.
Paperwork Reduction Act Statement
This rule does not contain any
information collection requirements
and, therefore, is not 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
(OMB), Approval Number 3150–0132.
mstockstill on DSK4VPTVN1PROD with RULES
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 November 21, 2008 (73 FR 70587),
the NRC issued an amendment to 10
CFR part 72 that approved the
MAGNASTOR® System cask design by
VerDate Mar<15>2010
17:15 Nov 10, 2011
Jkt 226001
adding it to the list of NRC-approved
cask designs in 10 CFR 72.214. On
March 22, 2010, and as supplemented
on March 30, March 31, June 8, July 1,
November 10, and November 19, 2010,
and April 22 and May 17, 2011, NAC,
the holder of CoC No. 1031, submitted
an application to the NRC to revise: TS
3.3.2 to reduce the transportable storage
canister removable surface
contamination limits; TS 4.1.1 to add
various boron-10 areal densities for use
with Pressurized Water Reactor and
Boiling Water Reactor baskets and to
replace the fuel tube orthogonal pitch
with the minimum fuel tube outer
diagonal dimension; Table 2.1–2,
‘‘ASME Code Alternatives for
MAGNASTOR® components,’’ of the
Final Safety Analysis Report to correct
the code reference; and Appendices A
and B of the TSs to make editorial
corrections.
The alternative to this action is to
withhold approval of Amendment No. 2
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into MAGNASTOR®
System casks under the changes
described in Amendment No. 2 to
request an exemption from the
requirements of 10 CFR 72.212 and
72.214. Under this alternative, each
interested 10 CFR 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 or the
environment. 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
International, Inc. These entities do not
fall within the scope of the definition of
‘‘small entities’’ set forth in the
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
70333
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 1.
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
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.
E:\FR\FM\14NOR1.SGM
14NOR1
70334
Federal Register / Vol. 76, No. 219 / Monday, November 14, 2011 / Rules and Regulations
1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
Energy Policy Act of 2005, Pub. L. 109–58,
119 Stat. 549 (2005).
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 1031 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009.
Amendment Number 1 Effective Date:
August 30, 2010.
Amendment Number 2 Effective Date:
January 30, 2012.
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 27th day
of October 2011.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting Executive Director for Operations.
[FR Doc. 2011–29341 Filed 11–10–11; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–1159; Directorate
Identifier 2011–NE–34–AD; Amendment 39–
16864; AD 2011–23–13]
mstockstill on DSK4VPTVN1PROD with RULES
RIN 2120–AA64
Airworthiness Directives; Honeywell
International Inc. Turboshaft Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
VerDate Mar<15>2010
16:08 Nov 10, 2011
Jkt 226001
We are adopting a new
airworthiness directive (AD) for
Honeywell International Inc. LTS101–
600A–2, –3, –3A, and LTS101–700D–2
turboshaft engines with certain power
turbine governors (PTG) model AL–
AB1, installed, that are marked with
compliance symbol N or P, or with no
compliance symbol, on the PTG
identification plate. This AD requires
initial and repetitive replacements of
the affected PTGs. This AD was
prompted by reports of two accidents
where the engines suddenly lost power
and the helicopters had to make
emergency autorotation landings,
leading to substantial damage to the
helicopters. We are issuing this AD to
prevent loss of engine power, leading to
emergency autorotation landing and
damage to the helicopter.
DATES: This AD is effective November
29, 2011.
We must receive comments on this
AD by December 29, 2011.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Office (phone: (800) 647–
5527) is in the ADDRESSES section.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Robert Baitoo, Aerospace Engineer, Los
Angeles Aircraft Certification Office,
FAA, 3960 Paramount Blvd., Lakewood,
CA 90712; phone: (562) 627–5245; fax:
(562) 627–5210; email:
robert.baitoo@faa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Discussion
We received reports of two accidents
where the engines suddenly lost power
and the helicopters had to make
emergency autorotation landings.
Investigation revealed that PTG spool
bearings, part number (P/N) 2523973
Revision N and P/N 2523973 Revision
P, could fail prematurely. PTGs with
these affected spool bearings require
repetitive replacements before the spool
bearings wear out prematurely. This
condition, if not corrected, could result
in sudden engine power loss, the
helicopter making an emergency
autorotation landing, and substantial
damage to the helicopter.
FAA’s Determination
We are issuing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design.
AD Requirements
This AD requires initial and repetitive
replacements of PTGs model AL–AB1,
P/N 4–301–289–03, 4–301–289–05, 4–
301–289–09, 4–301–101–16, and 4–301–
101–18, that are marked with
compliance symbol N or P, or with no
compliance symbol, on the PTG
identification plate.
Interim Action
We consider this AD interim action. If
final action is later identified, we might
consider further rulemaking then.
FAA’s Justification and Determination
of the Effective Date
An unsafe condition exists that
requires the immediate adoption of this
AD. The FAA has found that the risk to
the flying public justifies waiving notice
and comment prior to adoption of this
rule because of the premature failure of
the affected PTGs. Therefore, we find
that notice and opportunity for prior
public comment are impracticable and
that good cause exists for making this
amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety and
was not preceded by notice and an
opportunity for public comment.
However, we invite you to send any
written data, views, or arguments about
this AD. Send your comments to an
address listed under the ADDRESSES
section. Include the docket number
FAA–2011–1159 and Directorate
Identifier 2011–NE–34–AD at the
beginning of your comments. We
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Pages 70331-70334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29341]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2011-0008]
RIN 3150-AI91
List of Approved Spent Fuel Storage Casks: MAGNASTOR [supreg]
System, Revision 2
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
is amending its spent fuel storage regulations by revising the NAC
International, Inc. (NAC) MAGNASTOR [supreg] System listing within the
``List of Approved Spent Fuel Storage Casks'' to include Amendment No.
2 to Certificate of Compliance (CoC) Number 1031. Amendment No. 2 will
revise: Technical Specification (TS) 3.3.2 to reduce the transportable
storage canister removable surface contamination limits; TS 4.1.1 to
add various boron-10 areal densities for use with Pressurized Water
Reactor and Boiling Water Reactor baskets and to replace the fuel tube
orthogonal pitch with the minimum fuel tube outer diagonal dimension;
Table 2.1-2, ``ASME Code Alternatives for MAGNASTOR [supreg]
components,'' of the Final Safety Analysis Report to correct the code
reference; and Appendices A and B of the TSs to make editorial
corrections.
DATES: The final rule is effective January 30, 2012, unless significant
adverse comments are received by December 14, 2011. 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 Rulemaking Web site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0008. Address questions about NRC dockets to Carol Gallagher,
telephone: (301) 492-3668; email: 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, Room O-1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852. Copies may also be obtained from the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available electronically in the NRC Library at https://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 email to
pdr.resource@nrc.gov. An electronic copy of the proposed CoC, TSs, and
preliminary safety evaluation report (SER) can be found under ADAMS
Package Accession Number ML103300181. The ADAMS Accession Number for
the NAC application, dated March 22, 2010, is ML112630346.
FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-
6445, email: Gregory.Trussell@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the Department of Energy]
shall establish a demonstration program, in cooperation with the
private sector, for the dry storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the objective of establishing one or
more technologies that the [Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the 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 219(a) [sic:218(a)] for use at the site of any
civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule in Title 10 of the Code of Federal Regulations
(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 November 21, 2008 (73 FR 70587), that approved
the MAGNASTOR [supreg] cask design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as Certificate of Compliance
(CoC) No. 1031.
[[Page 70332]]
Discussion
On March 22, 2010, and as supplemented on March 30, March 31, June
8, July 1, November 10, and November 19, 2010, and April 22 and May 17,
2011, NAC, the holder of CoC No. 1031, submitted an application to the
NRC that requested an amendment to CoC No. 1031. Specifically, NAC
requested changes to revise: TS 3.3.2 to reduce the transportable
storage canister removable surface contamination limits; TS 4.1.1 to
add various boron-10 areal densities for use with Pressurized Water
Reactor and Boiling Water Reactor baskets and to replace the fuel tube
orthogonal pitch with the minimum fuel tube outer diagonal dimension;
Table 2.1-2, ``ASME Code Alternatives for MAGNASTOR[supreg]
components,'' of the Final Safety Analysis Report to correct the code
reference; and Appendices A and B of the TSs to make editorial
corrections.
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 will be adequately protected.
This direct final rule revises the MAGNASTOR[supreg] System listing
in 10 CFR 72.214 by adding Amendment No. 2 to CoC No. 1031. The
amendment consists of the changes previously described, as set forth in
the revised CoC and TSs. The revised TSs are identified in the SER.
The amended MAGNASTOR[supreg] System cask design, when used under
the conditions specified in the CoC, the TSs, and NRC regulations, will
meet the requirements of 10 CFR part 72; thus, adequate protection of
public health and safety will continue to be ensured. When this direct
final rule becomes effective, persons who hold a general license under
10 CFR 72.210 may load spent nuclear fuel into MAGNASTOR[supreg] System
casks that meet the criteria of Amendment No. 2 to CoC No. 1031 under
10 CFR 72.212.
Discussion of Amendments by Section
Section 72.214 List of approved spent fuel storage casks.
Certificate No. 1031 is revised by adding the effective date of
Amendment Number 2.
Procedural Background
This rule is limited to the changes contained in Amendment No. 2 to
CoC No. 1031 and does not include other aspects of the
MAGNASTOR[supreg] 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 30, 2012. However, if the NRC receives significant
adverse comments on this direct final rule by December 14, 2011, 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 TSs.
For detailed instructions on filing comments, please see the
companion proposed rule published elsewhere in this issue of the
Federal Register.
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 MAGNASTOR[supreg] System cask design listed in Sec. 72.214 (List
of Approved Spent Fuel Storage Casks). 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, or the provisions of 10 CFR. Although an Agreement
State may not adopt program elements reserved to the 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 contact listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
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 MAGNASTOR[supreg] System 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 CoC amendment will revise TS
[[Page 70333]]
3.3.2 to reduce the transportable storage canister removable surface
contamination limits; TS 4.1.1 to add various boron-10 areal densities
for use with Pressurized Water Reactor and Boiling Water Reactor
baskets and to replace the fuel tube orthogonal pitch with the minimum
fuel tube outer diagonal dimension; Table 2.1-2, ``ASME Code
Alternatives for MAGNASTOR[supreg] components,'' of the Final Safety
Analysis Report to correct the code reference; and Appendices A and B
of the TSs to make editorial correction changes.
The environmental assessment and finding of no significant impact
on which this determination is based are available for inspection at
the NRC PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852. Single copies of the environmental
assessment and finding of no significant impact are available from
Gregory Trussell, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: (301) 415-6445, email:
Gregory.Trussell@nrc.gov.
Paperwork Reduction Act Statement
This rule does not contain any information collection requirements
and, therefore, is not 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 (OMB), 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 November 21, 2008 (73 FR
70587), the NRC issued an amendment to 10 CFR part 72 that approved the
MAGNASTOR[supreg] System cask design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214. On March 22, 2010, and as
supplemented on March 30, March 31, June 8, July 1, November 10, and
November 19, 2010, and April 22 and May 17, 2011, NAC, the holder of
CoC No. 1031, submitted an application to the NRC to revise: TS 3.3.2
to reduce the transportable storage canister removable surface
contamination limits; TS 4.1.1 to add various boron-10 areal densities
for use with Pressurized Water Reactor and Boiling Water Reactor
baskets and to replace the fuel tube orthogonal pitch with the minimum
fuel tube outer diagonal dimension; Table 2.1-2, ``ASME Code
Alternatives for MAGNASTOR[supreg] components,'' of the Final Safety
Analysis Report to correct the code reference; and Appendices A and B
of the TSs to make editorial corrections.
The alternative to this action is to withhold approval of Amendment
No. 2 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into MAGNASTOR[supreg] System casks under the
changes described in Amendment No. 2 to request an exemption from the
requirements of 10 CFR 72.212 and 72.214. Under this alternative, each
interested 10 CFR 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 or the environment. 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
International, Inc. 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 1. 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
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.
[[Page 70334]]
1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of
2005, Pub. L. 109-58, 119 Stat. 549 (2005).
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 1031 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009.
Amendment Number 1 Effective Date: August 30, 2010.
Amendment Number 2 Effective Date: January 30, 2012.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg]
System.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029.
Model Number: MAGNASTOR.
* * * * *
Dated at Rockville, Maryland, this 27th day of October 2011.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting Executive Director for Operations.
[FR Doc. 2011-29341 Filed 11-10-11; 8:45 am]
BILLING CODE 7590-01-P
