List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized NUHOMS® Cask System, 13192-13196 [2014-05108]

Download as PDF 13192 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations PART 1436—FARM STORAGE FACILITY LOAN PROGRAM REGULATIONS 1. The authority citation for part 1436 continues to read as follows: ■ Authority: 7 U.S.C. 7971 and 8789; and 15 U.S.C. 714–714p. 2. Amend § 1436.8 as follows: a. Revise paragraphs (b) introductory text, (c) introductory text, (c)(2), and (i), ■ b. In paragraph (b)(1), remove the word ‘‘Agrees’’ and add the word ‘‘Agree’’ in its place, ■ c. In paragraph (b)(2), remove the words ‘‘credit, bond, or other form of security, as’’ and add the words ‘‘credit or other form of security’’ in its place, ■ d. In paragraph (c)(1), at the end, remove the period and add the punctuation and word ‘‘; and’’ in its place. The revisions read as follows: ■ ■ § 1436.8 Security for loan. (i) For loan amounts equal to or less than $100,000, or when the aggregate outstanding FSFLs balance will be equal to or less than $100,000, and secured by collateral without any resale value, as determined by CCC, additional security will not be required. However, the Deputy Administrator, Farm Programs or a State Committee may, at their discretion, for all FSFLs in the State, require additional security for loan amounts greater than $50,000 or less than $100,000 that are secured by collateral without any resale value if deemed necessary to protect the interests of the CCC. * * * * * Signed on March 4, 2014. Juan M. Garcia, Administrator, Farm Service Agency, and Executive Vice President, Commodity Credit Corporation. [FR Doc. 2014–05101 Filed 3–7–14; 8:45 am] BILLING CODE 3410–05–P pmangrum on DSK3VPTVN1PROD with RULES * * * * * (b) For loan amounts equal to or less than $100,000, or when the aggregate outstanding FSFLs balance will be equal to or less than $100,000, CCC will not require a severance agreement from the holder of any prior lien on the real estate parcel on which the storage facility is located. However, the Deputy Administrator, Farm Programs, or a State Committee may, at their discretion, require a severance agreement for loan amounts greater than $50,000 or less than $100,000 for all FSFLs in the State, if deemed necessary to protect the interests of CCC. If no severance agreement is provided, then the borrower must: * * * * * (c) For loan amounts equal to or less than $100,000, or when the aggregate outstanding FSFLs balance will be equal to or less than $100,000, CCC will not require a lien on the real estate parcel on which the farm storage facility is located. However, the Deputy Administrator, Farm Programs or a State Committee may, at their discretion, require a lien in the form of a real estate mortgage, deed of trust, or other security instrument approved by USDA’s Office of the General Counsel for loans greater than $50,000 or less than $100,000 for all FSFLs in the State, if deemed necessary to protect the interests of CCC. Liens are required for all loans greater than $100,000. All liens must meet the following conditions: * * * * * (2) The real estate security for the loan must be at least equal to the loan amount; and * * * * * VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150–AJ28 [NRC–2013–0236] List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized NUHOMS® Cask System Nuclear Regulatory Commission. ACTION: Direct final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Transnuclear, Inc. Standardized NUHOMS® Cask System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 13 to Certificate of Compliance (CoC) No. 1004. Amendment No. 13 revises authorized contents to: add two new dry shielded canisters (DSCs), the -37PTH and the -69BTH; add new approved contents, including blended low enriched uranium (BLEU) fuel, and control components to already approved DSCs; and extend the use of the high-seismic horizontal storage module (HSM–HS) for storage of already approved DSCs. In addition, the amendment makes several other changes as described in Section III, ‘‘Discussion of Changes’’ in the SUPPLEMENTARY INFORMATION section of this document. DATES: The final rule is effective May 24, 2014, unless significant adverse SUMMARY: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 comments are received by April 9, 2014. If the rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date. Please refer to Docket ID NRC–2013–0236 when contacting the NRC about the availability of information for this final rule. You may access publicly available information related to this direct final rule by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0236. Address questions about NRC dockets to Carol Gallagher, telephone: 301–287–3422, email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. The proposed CoC and preliminary safety evaluation report (SER) are available in ADAMS under Package Accession No. ML13270A494. The ADAMS Accession No. for the Transnuclear, Inc. Standardized NUHOMS® Cask System Amendment No. 13 application dated February 9, 2011, is ML110460525. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Gregory R. 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: E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations Table of Contents I. Procedural Background II. Background III. Discussion of Changes IV. Voluntary Consensus Standards V. Agreement State Compatibility VI. Plain Writing VII. Finding of No Significant Environmental Impact: Availability VIII. Paperwork Reduction Act Statement IX. Regulatory Analysis X. Regulatory Flexibility Certification XI. Backfitting and Issue Finality XII. Congressional Review Act pmangrum on DSK3VPTVN1PROD with RULES I. Procedural Background This rule is limited to the changes contained in Amendment No. 13 to CoC No. 1004 and does not include other aspects of the Transnuclear, Inc. Standardized NUHOMS® Cask System design. 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 May 24, 2014. However, if the NRC receives significant adverse comments on this direct final rule by April 9, 2014, 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 in the Proposed Rule section of 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 VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or Technical Specifications (TSs). For detailed instructions on submitting comments, please see the companion proposed rule published in the Proposed Rule section of this issue of the Federal Register. II. 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 ‘‘[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in part 72 of Title 10 of the Code of Federal Regulations (10 CFR),’’Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste,’’ which added a new subpart K within 10 CFR part 72 entitled, ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new subpart L within 10 CFR part 72 entitled, ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on December 22, 1994 (59 FR 65898), that approved the Standardized NUHOMS® Cask System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1004. III. Discussion of Changes On February 9, 2011 (ADAMS Accession No. ML110460525), and as supplemented on July 22, 2011 (ADAMS Accession No. ML11217A043), PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 13193 March 19, 2012 (ADAMS Accession No. ML120960488), and September 24, 2012 (ADAMS Accession No. ML12270A084), Transnuclear, Inc., the holder of CoC No. 1004, submitted to the NRC a request to amend CoC No. 1004. Specifically, Transnuclear, Inc. requested changes to: (1) Add two new DSCs, the –37PTH and the –69BTH; (2) add new approved contents, including BLEU fuel, and control components to already approved DSCs; and (3) extend the use of the HSM–HS for storage of already approved DSCs. Specific changes to the TSs are: • Add a new DSC, the –69BTH. • Add a new DSC, the –37PTH. • Add control components other than burnable poison rod assemblies and damaged fuel assemblies, and allow non-zircaloy cladding and guide tubes as approved contents to the –24PHB DSC. • Add high burn-up fuel assemblies with and without control components as approved contents to the –32PT DSC. • Add failed fuel as approved contents to the –61BTH and –24PTH DSCs. • Extend the use of the HSM–HS for storage of the –61BT, –32PT, –24PTH, –61BTH, –69BTH, and –37PTH DSCs. • Extend the use of metal matrix composites as a neutron absorber material in the –61BTH Type 1 and Type 2 DSCs for higher heat loads. • Add BLEU fuel material as approved contents. • Modify the inlet vent shielding designs to achieve dose reductions for the HSM–H and HSM–HS. • Allow the transfer of –61BT, –32PT, –24PTH, and –61BTH DSCs in the OS200 Transfer Cask. • Allow the use of Type III cement as an alternate equivalent to the Type II cement used in HSM construction. • Change the TSs neutron absorber testing and acceptance requirements in order to remain consistent with similar requirements in other ongoing licensing actions, plus certain new changes in this area. • Make additional changes for consistency within the TSs and the Updated Final Safety Analysis Report. As documented in the SER (ADAMS Accession No. ML13273A327), the NRC staff performed a detailed safety evaluation of the proposed CoC amendment request. There are no significant changes to cask design requirements in the proposed CoC amendment. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality E:\FR\FM\10MRR1.SGM 10MRR1 pmangrum on DSK3VPTVN1PROD with RULES 13194 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations control, the environmental impacts would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 13 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule (55 FR 29181) that amended 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents from those analyzed in that environmental assessment. On September 11, 2009, Transnuclear, Inc. submitted an application for Amendment No. 12 to CoC No. 1004. The application was in response to the Department of Energy’s Transportation, Aging and Disposal Program. The NRC staff returned the application due to uncertainty of funding for the application review, and therefore, the rule currently does not contain an Amendment No. 12. This direct final rule revises the Standardized NUHOMS® Cask System listing in 10 CFR 72.214 by adding Amendment No. 13 to CoC No. 1004. 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 Standardized NUHOMS® cask design, when used under the conditions specified in the CoC, the TSs, and the NRC’s regulations, will meet the requirements of 10 CFR part 72; therefore, 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 Standardized NUHOMS® Cask Systems that meet the criteria of Amendment No. 13 to CoC No. 1004 under 10 CFR 72.212. IV. 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 VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 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 Standardized NUHOMS® Cask System design listed in 10 CFR 72.214, ‘‘List of Approved Spent Fuel Storage Casks.’’ This action does not constitute the establishment of a standard that contains generally applicable requirements. V. 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. VI. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, well-organized manner that also follows other best practices appropriate to the subject or field and the intended audience. The NRC has attempted to use plain language in promulgating this rule consistent with the Federal Plain Writing Act guidelines. VII. Finding of No Significant Environmental Impact: Availability A. The Action The action is to amend 10 CFR 72.214 to revise the Transnuclear, Inc. Standardized NUHOMS® Cask System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 13 to CoC No. 1004. 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 required. The NRC has made a finding of no significant impact on the basis of this environmental assessment. B. The Need for the Action This rule amends the CoC for the Standardized NUHOMS® Cask System 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. Specifically, Transnuclear, Inc. requested changes to revise authorized contents to: (1) Add two new DSCs, the –37PTH and the –69BTH; (2) add new approved contents, including BLEU fuel, and control components to already approved DSCs; and (3) extend the use of the HSM–HS for storage of already approved DSCs. C. Environmental Impacts of the Action 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. The potential environmental impact of using NRC-approved storage casks was initially analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this Amendment No. 13 tiers off of the environmental assessment for the July 18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act. Standardized NUHOMS® Cask Systems are designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an Independent Spent Fuel Storage Installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, include tornado winds and tornadogenerated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control. If there is no loss of containment, shielding, or criticality control, the environmental impacts would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. There are no significant changes to cask design requirements in the proposed CoC amendment. In addition, any resulting E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations occupational exposure or offsite dose rates from the implementation of Amendment No. 13 would remain well within the 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The staff documented its findings in a safety evaluation report which is available in ADAMS under Accession No. ML13273A327. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 13 and end the direct final rulemaking. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into the Standardized NUHOMS® Cask System in accordance with the changes described in proposed Amendment No. 13 would have to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, interested licensees 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. Therefore, the environmental impacts would be the same or less than the action. E. Alternative Use of Resources Approval of Amendment No. 13 to CoC No. 1004 would result in no irreversible commitments of resources. pmangrum on DSK3VPTVN1PROD with RULES F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this rulemaking entitled, ‘‘List of Approved Spent Fuel Storage Casks: Standardized NUHOMS® Cask System,’’ will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 impact statement is not necessary for this rule. Documents related to this rulemaking, including comments received by the NRC, may be examined at the NRC Public Document Room, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. VIII. 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. IX. 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 December 22, 1994 (59 FR 65898), the NRC issued an amendment to 10 CFR part 72 that approved the Standardized NUHOMS® Cask System design by adding it to the list of NRCapproved cask designs in 10 CFR 72.214. On February 9, 2011 (ADAMS Accession No. ML110460525), and as supplemented on July 22, 2011 (ADAMS Accession No. ML11217A043), March 19, 2012 (ADAMS Accession No. ML120960488), and September 24, 2012 (ADAMS Accession No. ML12270A084), Transnuclear, Inc., submitted an application to amend the Standardized NUHOMS® Cask System as described in Section III. The alternative to this action is to withhold approval of Amendment No. 13 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into Standardized NUHOMS® Cask Systems under the changes described in Amendment No. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 13195 13 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 therefore, this action is recommended. X. 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 Transnuclear, 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). XI. Backfitting and Issue Finality The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule. Therefore, a backfit analysis is not required. This direct final rule revises CoC No. 1004 for the Transnuclear, Inc. Standardized NUHOMS® Cask System, as currently listed in 10 CFR 72.214, ‘‘List of Approved Spent Fuel Storage Casks.’’ The revision consists of Amendment No. 13, which: (1) Adds two new DSCs, the –37PTH and the –69BTH; (2) adds new approved contents, including BLEU fuel, and control components to already approved DSCs; and (3) extends the use of the HSM–HS for storage of already approved DSCs. Amendment No. 13 to CoC No. 1004 for the Standardized NUHOMS® Cask System was initiated by Transnuclear, Inc. and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 13 applies only to new casks fabricated and used under Amendment No. 13. These changes do not affect existing users of E:\FR\FM\10MRR1.SGM 10MRR1 13196 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations the Standardized NUHOMS® Cask System, and the current Amendment No. 11 continues to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 13, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 13 to CoC No. 1004 does not constitute backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, no backfit analysis or additional documentation addressing the issue finality criteria in 10 CFR part 52 has been prepared by the staff. XII. Congressional Review Act The Office of Management and Budget has not found this to be a major rule as defined in the Congressional Review Act. 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: pmangrum on DSK3VPTVN1PROD with RULES ■ Authority: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109–58, 119 Stat. 549 (2005). Section 72.44(g) also issued under secs. Nuclear Waste Policy Act 142(b) and 148(c), VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 (d) (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C. 10198). DEPARTMENT OF TRANSPORTATION 2. In § 72.214, Certificate of Compliance 1004 is revised to read as follows: Airworthiness Directives; Eurocopter Deutschland GmbH Helicopters ■ § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1004. Initial Certificate Effective Date: January 23, 1995. Amendment Number 1 Effective Date: April 27, 2000. Amendment Number 2 Effective Date: September 5, 2000. Amendment Number 3 Effective Date: September 12, 2001. Amendment Number 4 Effective Date: February 12, 2002. Amendment Number 5 Effective Date: January 7, 2004. Amendment Number 6 Effective Date: December 22, 2003. Amendment Number 7 Effective Date: March 2, 2004. Amendment Number 8 Effective Date: December 5, 2005. Amendment Number 9 Effective Date: April 17, 2007. Amendment Number 10 Effective Date: August 24, 2009. Amendment Number 11 Effective Date: January 7, 2014. Amendment Number 12 Effective Date: Amendment not issued by the NRC. Amendment Number 13 Effective Date: May 24, 2014. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the Standardized NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel. Docket Number: 72–1004. Certificate Expiration Date: January 23, 2015. Model Number: NUHOMS® –24P, –24PHB, –24PTH, –32PT, –32PTH1, –37PTH, –52B, –61BT, –61BTH, and –69BTH. * * * * * Dated at Rockville, Maryland, this 30th day of December 2013. For the Nuclear Regulatory Commission. Michael F. Weber, Acting Executive Director for Operations. [FR Doc. 2014–05108 Filed 3–7–14; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0555; Directorate Identifier 2010–SW–047–AD; Amendment 39–17779; AD 2014–05–06] RIN 2120–AA64 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for Eurocopter Deutschland GmbH (ECD) Model EC135 and MBB–BK 117 C–2 helicopters. This AD requires inspecting the flight-control bearings repetitively, replacing any loose bearing with an airworthy flight-control bearing, and installing bushings and washers. This AD was prompted by the discovery during a routine inspection of loose flight control bearings because of incorrect installation. The actions of this AD are intended to prevent the affected control lever from shifting, contacting the helicopter structure, and reducing control of the helicopter. DATES: This AD is effective April 14, 2014. The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of April 14, 2014. ADDRESSES: For service information identified in this AD, contact American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641–0000 or (800) 232– 0323; fax (972) 641–3775; or at http:// www.eurocopter.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800– 647–5527) is U.S. Department of E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13192-13196]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05108]


=======================================================================
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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AJ28
[NRC-2013-0236]


List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. 
Standardized NUHOMS[supreg] Cask System

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Transnuclear, Inc. 
Standardized NUHOMS[supreg] Cask System listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 13 to 
Certificate of Compliance (CoC) No. 1004. Amendment No. 13 revises 
authorized contents to: add two new dry shielded canisters (DSCs), the 
-37PTH and the -69BTH; add new approved contents, including blended low 
enriched uranium (BLEU) fuel, and control components to already 
approved DSCs; and extend the use of the high-seismic horizontal 
storage module (HSM-HS) for storage of already approved DSCs. In 
addition, the amendment makes several other changes as described in 
Section III, ``Discussion of Changes'' in the SUPPLEMENTARY INFORMATION 
section of this document.

DATES: The final rule is effective May 24, 2014, unless significant 
adverse comments are received by April 9, 2014. If the rule is 
withdrawn as a result of such comments, timely notice of the withdrawal 
will be published in the Federal Register. Comments received after this 
date will be considered if it is practical to do so, but the NRC staff 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: Please refer to Docket ID NRC-2013-0236 when contacting the 
NRC about the availability of information for this final rule. You may 
access publicly available information related to this direct final rule 
by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0236. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The proposed CoC and preliminary safety evaluation report 
(SER) are available in ADAMS under Package Accession No. ML13270A494. 
The ADAMS Accession No. for the Transnuclear, Inc. Standardized 
NUHOMS[supreg] Cask System Amendment No. 13 application dated February 
9, 2011, is ML110460525.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gregory R. 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:

[[Page 13193]]

Table of Contents

I. Procedural Background
II. Background
III. Discussion of Changes
IV. Voluntary Consensus Standards
V. Agreement State Compatibility
VI. Plain Writing
VII. Finding of No Significant Environmental Impact: Availability
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act

I. Procedural Background

    This rule is limited to the changes contained in Amendment No. 13 
to CoC No. 1004 and does not include other aspects of the Transnuclear, 
Inc. Standardized NUHOMS[supreg] Cask System design. 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 May 24, 2014. However, if the NRC receives 
significant adverse comments on this direct final rule by April 9, 
2014, 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 in the Proposed 
Rule section of 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 Technical Specifications (TSs).
    For detailed instructions on submitting comments, please see the 
companion proposed rule published in the Proposed Rule section of this 
issue of the Federal Register.

II. 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 ``[the Commission] shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 219(a) [sic: 218(a)] for use at the site of 
any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in part 72 of Title 10 of the Code of Federal 
Regulations (10 CFR),''Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater than Class C Waste,'' which added a new subpart 
K within 10 CFR part 72 entitled, ``General License for Storage of 
Spent Fuel at Power Reactor Sites'' (55 FR 29181; July 18, 1990). This 
rule also established a new subpart L within 10 CFR part 72 entitled, 
``Approval of Spent Fuel Storage Casks,'' which contains procedures and 
criteria for obtaining NRC approval of spent fuel storage cask designs. 
The NRC subsequently issued a final rule on December 22, 1994 (59 FR 
65898), that approved the Standardized NUHOMS[supreg] Cask System 
design and added it to the list of NRC-approved cask designs in 10 CFR 
72.214 as CoC No. 1004.

III. Discussion of Changes

    On February 9, 2011 (ADAMS Accession No. ML110460525), and as 
supplemented on July 22, 2011 (ADAMS Accession No. ML11217A043), March 
19, 2012 (ADAMS Accession No. ML120960488), and September 24, 2012 
(ADAMS Accession No. ML12270A084), Transnuclear, Inc., the holder of 
CoC No. 1004, submitted to the NRC a request to amend CoC No. 1004. 
Specifically, Transnuclear, Inc. requested changes to: (1) Add two new 
DSCs, the -37PTH and the -69BTH; (2) add new approved contents, 
including BLEU fuel, and control components to already approved DSCs; 
and (3) extend the use of the HSM-HS for storage of already approved 
DSCs. Specific changes to the TSs are:
     Add a new DSC, the -69BTH.
     Add a new DSC, the -37PTH.
     Add control components other than burnable poison rod 
assemblies and damaged fuel assemblies, and allow non-zircaloy cladding 
and guide tubes as approved contents to the -24PHB DSC.
     Add high burn-up fuel assemblies with and without control 
components as approved contents to the -32PT DSC.
     Add failed fuel as approved contents to the -61BTH and -
24PTH DSCs.
     Extend the use of the HSM-HS for storage of the -61BT, -
32PT, -24PTH, -61BTH, -69BTH, and -37PTH DSCs.
     Extend the use of metal matrix composites as a neutron 
absorber material in the -61BTH Type 1 and Type 2 DSCs for higher heat 
loads.
     Add BLEU fuel material as approved contents.
     Modify the inlet vent shielding designs to achieve dose 
reductions for the HSM-H and HSM-HS.
     Allow the transfer of -61BT, -32PT, -24PTH, and -61BTH 
DSCs in the OS200 Transfer Cask.
     Allow the use of Type III cement as an alternate 
equivalent to the Type II cement used in HSM construction.
     Change the TSs neutron absorber testing and acceptance 
requirements in order to remain consistent with similar requirements in 
other ongoing licensing actions, plus certain new changes in this area.
     Make additional changes for consistency within the TSs and 
the Updated Final Safety Analysis Report.
    As documented in the SER (ADAMS Accession No. ML13273A327), the NRC 
staff performed a detailed safety evaluation of the proposed CoC 
amendment request. There are no significant changes to cask design 
requirements in the proposed CoC amendment. Considering the specific 
design requirements for each accident condition, the design of the cask 
would prevent loss of containment, shielding, and criticality control. 
If there is no loss of containment, shielding, or criticality

[[Page 13194]]

control, the environmental impacts would be insignificant. This 
amendment does not reflect a significant change in design or 
fabrication of the cask. In addition, any resulting occupational 
exposure or offsite dose rates from the implementation of Amendment No. 
13 would remain well within the 10 CFR part 20 limits. Therefore, the 
proposed CoC changes will not result in any radiological or non-
radiological environmental impacts that significantly differ from the 
environmental impacts evaluated in the environmental assessment 
supporting the July 18, 1990, final rule (55 FR 29181) that amended 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. There will be no 
significant change in the types or significant revisions in the amounts 
of any effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for or consequences from radiological accidents from those 
analyzed in that environmental assessment.
    On September 11, 2009, Transnuclear, Inc. submitted an application 
for Amendment No. 12 to CoC No. 1004. The application was in response 
to the Department of Energy's Transportation, Aging and Disposal 
Program. The NRC staff returned the application due to uncertainty of 
funding for the application review, and therefore, the rule currently 
does not contain an Amendment No. 12. This direct final rule revises 
the Standardized NUHOMS[supreg] Cask System listing in 10 CFR 72.214 by 
adding Amendment No. 13 to CoC No. 1004. 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 Standardized NUHOMS[supreg] cask design, when used 
under the conditions specified in the CoC, the TSs, and the NRC's 
regulations, will meet the requirements of 10 CFR part 72; therefore, 
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 Standardized NUHOMS[supreg] Cask Systems that meet the criteria of 
Amendment No. 13 to CoC No. 1004 under 10 CFR 72.212.

IV. 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 Standardized NUHOMS[supreg] Cask System design listed in 10 CFR 
72.214, ``List of Approved Spent Fuel Storage Casks.'' This action does 
not constitute the establishment of a standard that contains generally 
applicable requirements.

V. 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.

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. The NRC has attempted to use plain 
language in promulgating this rule consistent with the Federal Plain 
Writing Act guidelines.

VII. Finding of No Significant Environmental Impact: Availability

A. The Action

    The action is to amend 10 CFR 72.214 to revise the Transnuclear, 
Inc. Standardized NUHOMS[supreg] Cask System listing within the ``List 
of Approved Spent Fuel Storage Casks'' to include Amendment No. 13 to 
CoC No. 1004.
    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 made a finding of no significant impact on the basis of this 
environmental assessment.

B. The Need for the Action

    This rule amends the CoC for the Standardized NUHOMS[supreg] Cask 
System 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. Specifically, Transnuclear, Inc. requested 
changes to revise authorized contents to: (1) Add two new DSCs, the -
37PTH and the -69BTH; (2) add new approved contents, including BLEU 
fuel, and control components to already approved DSCs; and (3) extend 
the use of the HSM-HS for storage of already approved DSCs.

C. Environmental Impacts of the Action

    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. The potential 
environmental impact of using NRC-approved storage casks was initially 
analyzed in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 13 tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act.
    Standardized NUHOMS[supreg] Cask Systems are designed to mitigate 
the effects of design basis accidents that could occur during storage. 
Design basis accidents account for human-induced events and the most 
severe natural phenomena reported for the site and surrounding area. 
Postulated accidents analyzed for an Independent Spent Fuel Storage 
Installation, the type of facility at which a holder of a power reactor 
operating license would store spent fuel in casks in accordance with 10 
CFR part 72, include tornado winds and tornado-generated missiles, a 
design basis earthquake, a design basis flood, an accidental cask drop, 
lightning effects, fire, explosions, and other incidents.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of containment, 
shielding, and criticality control. If there is no loss of containment, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. There are no significant changes to 
cask design requirements in the proposed CoC amendment. In addition, 
any resulting

[[Page 13195]]

occupational exposure or offsite dose rates from the implementation of 
Amendment No. 13 would remain well within the 10 CFR part 20 limits. 
Therefore, the proposed CoC changes will not result in any radiological 
or non-radiological environmental impacts that significantly differ 
from the environmental impacts evaluated in the environmental 
assessment supporting the July 18, 1990, final rule. There will be no 
significant change in the types or significant revisions in the amounts 
of any effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for or consequences from radiological accidents.
    The staff documented its findings in a safety evaluation report 
which is available in ADAMS under Accession No. ML13273A327.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
13 and end the direct final rulemaking. Consequently, any 10 CFR part 
72 general licensee that seeks to load spent nuclear fuel into the 
Standardized NUHOMS[supreg] Cask System in accordance with the changes 
described in proposed Amendment No. 13 would have to request an 
exemption from the requirements of 10 CFR 72.212 and 72.214. Under this 
alternative, interested licensees 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. 
Therefore, the environmental impacts would be the same or less than the 
action.

E. Alternative Use of Resources

    Approval of Amendment No. 13 to CoC No. 1004 would result in no 
irreversible commitments of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51.
    Based on the foregoing environmental assessment, the NRC concludes 
that this rulemaking entitled, ``List of Approved Spent Fuel Storage 
Casks: Standardized NUHOMS[supreg] Cask System,'' will not have a 
significant effect on the human environment. Therefore, the NRC has 
determined that an environmental impact statement is not necessary for 
this rule.
    Documents related to this rulemaking, including comments received 
by the NRC, may be examined at the NRC Public Document Room, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852.

VIII. 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.

IX. 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 December 22, 1994 (59 FR 
65898), the NRC issued an amendment to 10 CFR part 72 that approved the 
Standardized NUHOMS[supreg] Cask System design by adding it to the list 
of NRC-approved cask designs in 10 CFR 72.214.
    On February 9, 2011 (ADAMS Accession No. ML110460525), and as 
supplemented on July 22, 2011 (ADAMS Accession No. ML11217A043), March 
19, 2012 (ADAMS Accession No. ML120960488), and September 24, 2012 
(ADAMS Accession No. ML12270A084), Transnuclear, Inc., submitted an 
application to amend the Standardized NUHOMS[supreg] Cask System as 
described in Section III.
    The alternative to this action is to withhold approval of Amendment 
No. 13 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into Standardized NUHOMS[supreg] Cask Systems 
under the changes described in Amendment No. 13 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 therefore, this action is recommended.

X. 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 Transnuclear, 
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).

XI. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule. Therefore, a backfit analysis is 
not required. This direct final rule revises CoC No. 1004 for the 
Transnuclear, Inc. Standardized NUHOMS[supreg] Cask System, as 
currently listed in 10 CFR 72.214, ``List of Approved Spent Fuel 
Storage Casks.'' The revision consists of Amendment No. 13, which: (1) 
Adds two new DSCs, the -37PTH and the -69BTH; (2) adds new approved 
contents, including BLEU fuel, and control components to already 
approved DSCs; and (3) extends the use of the HSM-HS for storage of 
already approved DSCs. Amendment No. 13 to CoC No. 1004 for the 
Standardized NUHOMS[supreg] Cask System was initiated by Transnuclear, 
Inc. and was not submitted in response to new NRC requirements, or an 
NRC request for amendment. Amendment No. 13 applies only to new casks 
fabricated and used under Amendment No. 13. These changes do not affect 
existing users of

[[Page 13196]]

the Standardized NUHOMS[supreg] Cask System, and the current Amendment 
No. 11 continues to be effective for existing users. While current CoC 
users may comply with the new requirements in Amendment No. 13, this 
would be a voluntary decision on the part of current users. For these 
reasons, Amendment No. 13 to CoC No. 1004 does not constitute 
backfitting under 10 CFR 72.62, 10 CFR 50.109(a)(1), or otherwise 
represent an inconsistency with the issue finality provisions 
applicable to combined licenses in 10 CFR part 52. Accordingly, no 
backfit analysis or additional documentation addressing the issue 
finality criteria in 10 CFR part 52 has been prepared by the staff.

XII. Congressional Review Act

    The Office of Management and Budget has not found this to be a 
major rule as defined in the Congressional Review Act.

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: Atomic Energy Act secs. 51, 53, 57, 62, 63, 65, 69, 
81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act 
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear 
Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 
10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 
No. 109-58, 119 Stat. 549 (2005).
    Section 72.44(g) also issued under secs. Nuclear Waste Policy 
Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). 
Section 72.46 also issued under Atomic Energy Act sec. 189 (42 
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). 
Section 72.96(d) also issued under Nuclear Waste Policy Act sec. 
145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear 
Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a), 
10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C. 
10198).

0
2. In Sec.  72.214, Certificate of Compliance 1004 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
Certificate Number: 1004.
Initial Certificate Effective Date: January 23, 1995.
Amendment Number 1 Effective Date: April 27, 2000.
Amendment Number 2 Effective Date: September 5, 2000.
Amendment Number 3 Effective Date: September 12, 2001.
Amendment Number 4 Effective Date: February 12, 2002.
Amendment Number 5 Effective Date: January 7, 2004.
Amendment Number 6 Effective Date: December 22, 2003.
Amendment Number 7 Effective Date: March 2, 2004.
Amendment Number 8 Effective Date: December 5, 2005.
Amendment Number 9 Effective Date: April 17, 2007.
Amendment Number 10 Effective Date: August 24, 2009.
Amendment Number 11 Effective Date: January 7, 2014.
Amendment Number 12 Effective Date: Amendment not issued by the NRC.
Amendment Number 13 Effective Date: May 24, 2014.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Model Number: NUHOMS[supreg] -24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *

    Dated at Rockville, Maryland, this 30th day of December 2013.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting Executive Director for Operations.
[FR Doc. 2014-05108 Filed 3-7-14; 8:45 am]
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