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 https://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 https://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 https:// 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 https:// 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

NUCLEAR REGULATORY COMMISSION

[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]

=======================================================================
-----------------------------------------------------------------------

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 https://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 https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced 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]
BILLING CODE 7590-01-P

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