List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized Advanced NUHOMS® Horizontal Modular Storage System; Amendment No. 3, 21121-21125 [2014-08346]

Download as PDF 21121 Rules and Regulations Federal Register Vol. 79, No. 72 Tuesday, April 15, 2014 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NAICS codes in the Electronics specialized industry in 5 CFR 532.313, but inadvertently failed to include the deletions in the regulatory text section. This document corrects the error. List of Subjects in 5 CFR Part 532 Administrative practice and procedure, Freedom of information, Government employees, Reporting and recordkeeping requirements, Wages. U.S. Office of Personnel Management. Brenda L. Roberts, Acting Deputy Associate Director for Pay and Leave. OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 532 RIN 3206–AM78 Prevailing Rate Systems; North American Industry Classification System Based Federal Wage System Wage Surveys Accordingly, the U.S. Office of Personnel Management is correcting 5 CFR part 532 as follows: PART 532—PREVAILING RATE SYSTEMS 1. The authority citation for part 532 continues to read as follows: ■ U.S. Office of Personnel Management. ACTION: Correcting amendment. AGENCY: The U.S. Office of Personnel Management (OPM) published a final rule in the Federal Register on September 23, 2013 (78 FR 58153), updating the 2007 North American Industry Classification System (NAICS) codes used in Federal Wage System wage survey industry regulations with the 2012 NAICS revisions published by the Office of Management and Budget. The final rule inadvertently omitted deleting two NAICS codes from the list of required NAICS codes in the Electronics specialized industry in 5 CFR 532.313. This document corrects this error. DATES: Effective Date: April 15, 2014. FOR FURTHER INFORMATION CONTACT: Madeline Gonzalez, by telephone at (202) 606–2838 or by email at payperformance-policy@opm.gov. SUPPLEMENTARY INFORMATION: In a final rule published in the Federal Register on September 23, 2013 (78 FR 58153), OPM inadvertently omitted deleting two NAICS codes from the list of required NAICS codes in the Electronics specialized industry in 5 CFR 532.313. In the supplementary information section of the proposed rule published on March 26, 2013 (78 FR 18252), OPM proposed to delete NAICS codes 334414 (Electronic capacitor manufacturing) and 334415 (Electronic resistor manufacturing) from the list of required SUMMARY: ehiers on DSK2VPTVN1PROD with RULES Authority: 5 U.S.C. 5343, 5346; § 532.707 also issued under 5 U.S.C. 552. VerDate Mar<15>2010 14:48 Apr 14, 2014 Jkt 232001 § 532.313 [Amended] 2. In § 532.313(a), remove NAICS codes ‘‘334414’’ and ‘‘334415’’ in the first column and ‘‘Electronic capacitor manufacturing’’ and ‘‘Electronic resistor manufacturing’’ in the second column from the list of required NAICS codes for the Electronics Specialized Industry. ■ [FR Doc. 2014–08501 Filed 4–14–14; 8:45 am] BILLING CODE 6325–39–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0271] RIN 3150–AJ31 List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. Standardized Advanced NUHOMS® Horizontal Modular Storage System; Amendment No. 3 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 Advanced NUHOMS® Horizontal Modular Storage System (NUHOMS® Storage System) listing SUMMARY: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1029. Amendment No. 3 adds a new transportable dry shielded canister (DSC), 32PTH2, to the NUHOMS® Storage System; and makes editorial corrections. The direct final rule is effective June 30, 2014, unless significant adverse comments are received by May 15, 2014. If the direct final 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–2013–0271 when contacting the NRC about the availability of information for this direct 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–2013–0271. 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 notice (if that document is available in ADAMS) is provided the first time that a document is referenced. The proposed CoC, proposed technical specifications (TSs), and preliminary Safety Evaluation Report (SER) are available in ADAMS under Accession Nos. ML13290A176, ML13290A182, and ML13290A205, respectively. DATES: E:\FR\FM\15APR1.SGM 15APR1 21122 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations • 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: Naiem S. Tanious, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 6103, email: Naiem.Tanious@nrc.gov. SUPPLEMENTARY INFORMATION: 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. ehiers on DSK2VPTVN1PROD with RULES I. Procedural Background This direct final rule is limited to the changes contained in Amendment No. 3 to CoC No. 1029 and does not include other aspects of the NUHOMS® Storage 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 June 30, 2014. However, if the NRC receives significant adverse comments on this direct final rule by May 15, 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- VerDate Mar<15>2010 14:48 Apr 14, 2014 Jkt 232001 comment process. For example, a substantive response is required when: (a) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or TSs. For detailed instructions on 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 U.S. 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 [U.S. 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule (68 FR 463; January 6, 2003) that approved the NUHOMS® Storage System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214, ‘‘List of approved spent fuel storage casks,’’ as CoC No. 1029. III. Discussion of Changes On December 15, 2011 (ADAMS Accession No. ML120040478), Transnuclear, Inc. submitted an application to amend the NUHOMS® Storage System. Amendment No. 3 adds a new transportable DSC, 32PTH2, to the NUHOMS® Storage System; and makes editorial corrections. The NUHOMS® 32PTH2 System is designed to accommodate up to 32 intact (or up to 16 damaged and the balance intact) pressurized water reactor (PWR), Combustion Engineering (CE), 16 x 16 class spent fuel assemblies, with or without control components. The NUHOMS® 32PTH2 System also consists of a modified version of the Standardized NUHOMS® Advanced Horizontal Storage Module (AHSM), designated the AHSM–HS (high burnup and high seismic). Numerous sections of the TSs were revised to add and update characteristics, specifications, and requirements related to the 32PTH2 DSC and the AHSM–HS storage module. Additional changes were made to definitions and other sections to improve completeness, consistency and clarity. Revised sections are indicated by side bars in the TSs. As documented in the SER (ADAMS Accession No. ML13290A205), 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 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. 3 would remain well within the 10 CFR part 20, ‘‘Standards for Protection Against Radiation,’’ limits. Therefore, the proposed CoC changes will not result in any radiological or nonradiological environmental impacts that significantly differ from the E:\FR\FM\15APR1.SGM 15APR1 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 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 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. This direct final rule revises the NUHOMS® Storage System listing in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1029. 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 NUHOMS® Storage System 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, ‘‘General license issued,’’ may load spent nuclear fuel into NUHOMS® Storage Systems that meet the criteria of Amendment No. 3 to CoC No. 1029 under 10 CFR 72.212, ‘‘Conditions of general license issued under § 72.212.’’ ehiers on DSK2VPTVN1PROD with RULES 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 NUHOMS® Storage System design listed in 10 CFR 72.214. 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 direct final rule is classified as Compatibility Category ‘‘NRC.’’ Compatibility is not required for Category ‘‘NRC’’ regulations. The NRC VerDate Mar<15>2010 14:48 Apr 14, 2014 Jkt 232001 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. NUHOMS® Storage System listing within the ‘‘List of Approved Spent Fuel Storage Casks’’ to include Amendment No. 3 to CoC No. 1029. Under the National Environmental Policy Act of 1969, as amended, and the NRC’s regulations in subpart A of 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ 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 direct final rule amends the CoC for the Transnuclear, Inc. NUHOMS® Storage 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, Amendment No. 3 adds a new transportable DSC, 32PTH2, to the NUHOMS® Storage System; and makes editorial corrections. 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 fuel under a general license in PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 21123 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. 3 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. NUHOMS® Storage 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, because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 3 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 safety findings in an SER which is available in ADAMS under Accession No. ML13290A205. E:\FR\FM\15APR1.SGM 15APR1 21124 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations D. Alternative to the Action IX. Regulatory Analysis The alternative to this action is to deny approval of Amendment No. 3 and end the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into NUHOMS® Storage Systems in accordance with the changes described in proposed Amendment No. 3 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. 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. The NRC issued a final rule (68 FR 463; January 6, 2003) that approved the Standardized Advanced NUHOMS® Cask System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 ‘‘List of approved spent fuel storage casks,’’ as CoC No. 1029. On December 15, 2011 (ADAMS Accession No. ML120040478), Transnuclear, Inc. submitted an application to amend the NUHOMS® Storage System. The alternative to this action is to withhold approval of Amendment No. 3 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the NUHOMS® Storage Systems under the changes described in Amendment No. 3 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 this 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. E. Alternative Use of Resources Approval of Amendment No. 3 to CoC No. 1029 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 direct final rule entitled, ‘‘List of Approved Spent Fuel Storage Casks: Standardized Advanced NUHOMS® Horizontal Modular Storage System; Amendment No. 3,’’ will not have a significant effect on quality of the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. VIII. Paperwork Reduction Act Statement This direct final 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. ehiers on DSK2VPTVN1PROD with RULES Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. VerDate Mar<15>2010 14:48 Apr 14, 2014 Jkt 232001 X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 the CoC No. 1029 for the Transnuclear, Inc. NUHOMS® Storage System, as currently listed in 10 CFR 72.214, ‘‘List of Approved Spent Fuel Storage Casks.’’ The revision consists of Amendment No. 3 which adds a new transportable DSC, 32PTH2, to the NUHOMS® Storage System; and makes editorial corrections. Amendment No. 3 to CoC No. 1029 for the Transnuclear, Inc. NUHOMS® Storage System was initiated by Transnuclear, Inc. and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 3 applies only to new casks fabricated and used under Amendment No. 3. These changes do not affect existing users of the NUHOMS® Storage System, and the current Amendments continue to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 3, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 3 to CoC No. 1029 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 E:\FR\FM\15APR1.SGM 15APR1 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 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 is revised 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, 2239, 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. 109–58, 119 Stat. 549 (2005). Section 72.44(g) also issued under Nuclear Waste Policy Act secs. 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 also issued under sec. 218(a) (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance No. 1029 is revised to read as follows: ■ § 72.214 List of approved spent fuel storage casks. ehiers on DSK2VPTVN1PROD with RULES * * * * * Certificate Number: 1029. Initial Certificate Effective Date: February 5, 2003. Amendment Number 1 Effective Date: May 16, 2005. Amendment Number 2 Effective date: Amendment not issued by the NRC. Amendment Number 3 Effective Date: June 30, 2014. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the Standardized Advanced NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel. Docket Number: 72–1029. Certificate Expiration Date: February 5, 2023. VerDate Mar<15>2010 14:48 Apr 14, 2014 Jkt 232001 Model Number: Standardized Advanced NUHOMS® –24PT1, –24PT4, and –32PTH2. * * * * * Dated at Rockville, Maryland, this 28th day of March, 2014. For the Nuclear Regulatory Commission. Darren B. Ash, Acting, Executive Director for Operations. [FR Doc. 2014–08346 Filed 4–14–14; 8:45 am] BILLING CODE 7590–01–P 21125 equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Parts 1260, 1273, and 1274 RIN 2700–AE06 Removal of Procedures for Closeout of Grants and Cooperative Agreements National Aeronautics and Space Administration. ACTION: Final rule. AGENCY: The National Aeronautics and Space Administration (NASA) is issuing a final rule removing from its regulation agency procedures for closeout of grants and cooperative agreements. Simultaneous with removal of the closeout procedures from the regulation, NASA will issue non-regulatory closeout procedures. DATES: This final rule is effective April 15, 2014. FOR FURTHER INFORMATION CONTACT: Jamiel C. Commodore, NASA Headquarters, Office of Procurement, Contract Management Division, Washington, DC 20546, (202) 358–0302; email: Jamiel.C.Comodore@nasa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background NASA published a proposed rule at 78FR68375–78FR68376 on November 14, 2013, to begin an effort to remove agency internal policy, practices, and procedures from the regulation that do not have an impact on the public. No comments were received on the proposed rule. This final rule is published without change to the proposed rule. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 NASA certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this final rule does not impose any additional requirements on small entities and, more importantly, this final rule serves to deregulate internal agency operating procedures which will eliminate unnecessary regulation. IV. Paperwork Reduction Act The Paper Reduction Act (Pub. L. 104–13) is not applicable because the removal of the closeout procedures does not require the submission of any information by recipients that requires the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 14 CFR Parts 1260, 1273, and 1274 Colleges and universities, Business and industry, Grant programs, Grants administration, Cooperative agreements, State and local governments, Non-profit organizations, Commercial firms, Recipients, Closeout procedures, Recipient reporting. William P. McNally, Assistant Administrator for Procurement. Accordingly, 14 CFR parts 1260, 1273, and 1274 are amended as follows: PART 1260—GRANTS AND COOPERATIVE AGREEMENTS 1. The authority citation for 14 CFR part 1260 is revised to read as follows: ■ Authority: 51 U.S.C. 20113(e), Pub. L. 97– 258, 96 Stat. 1003 (31 U.S.C. 6301, et seq.), and 2 CFR Part 200. § 1260.77 [Removed and Reserved] 2. Section 1260.77 is removed and reserved. ■ E:\FR\FM\15APR1.SGM 15APR1

Agencies

[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Rules and Regulations]
[Pages 21121-21125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08346]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0271]
RIN 3150-AJ31


List of Approved Spent Fuel Storage Casks: Transnuclear, Inc. 
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System; 
Amendment No. 3

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the Transnuclear, Inc. 
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System 
(NUHOMS[supreg] Storage System) listing within the ``List of Approved 
Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of 
Compliance (CoC) No. 1029. Amendment No. 3 adds a new transportable dry 
shielded canister (DSC), 32PTH2, to the NUHOMS[supreg] Storage System; 
and makes editorial corrections.

DATES: The direct final rule is effective June 30, 2014, unless 
significant adverse comments are received by May 15, 2014. If the 
direct final 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-2013-0271 when contacting the 
NRC about the availability of information for this direct 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-2013-0271. 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 notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The proposed CoC, proposed technical specifications (TSs), 
and preliminary Safety Evaluation Report (SER) are available in ADAMS 
under Accession Nos. ML13290A176, ML13290A182, and ML13290A205, 
respectively.

[[Page 21122]]

     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: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6103, email: Naiem.Tanious@nrc.gov.

SUPPLEMENTARY INFORMATION: 

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 direct final rule is limited to the changes contained in 
Amendment No. 3 to CoC No. 1029 and does not include other aspects of 
the NUHOMS[supreg] Storage 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 June 30, 2014. However, if the NRC receives significant 
adverse comments on this direct final rule by May 15, 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 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 U.S. 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 [U.S. 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 (68 FR 463; January 6, 2003) 
that approved the NUHOMS[supreg] Storage System design and added it to 
the list of NRC-approved cask designs in 10 CFR 72.214, ``List of 
approved spent fuel storage casks,'' as CoC No. 1029.

III. Discussion of Changes

    On December 15, 2011 (ADAMS Accession No. ML120040478), 
Transnuclear, Inc. submitted an application to amend the NUHOMS[supreg] 
Storage System. Amendment No. 3 adds a new transportable DSC, 32PTH2, 
to the NUHOMS[supreg] Storage System; and makes editorial corrections. 
The NUHOMS[supreg] 32PTH2 System is designed to accommodate up to 32 
intact (or up to 16 damaged and the balance intact) pressurized water 
reactor (PWR), Combustion Engineering (CE), 16 x 16 class spent fuel 
assemblies, with or without control components. The NUHOMS[supreg] 
32PTH2 System also consists of a modified version of the Standardized 
NUHOMS[supreg] Advanced Horizontal Storage Module (AHSM), designated 
the AHSM-HS (high burnup and high seismic).
    Numerous sections of the TSs were revised to add and update 
characteristics, specifications, and requirements related to the 32PTH2 
DSC and the AHSM-HS storage module. Additional changes were made to 
definitions and other sections to improve completeness, consistency and 
clarity. Revised sections are indicated by side bars in the TSs.
    As documented in the SER (ADAMS Accession No. ML13290A205), 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 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. 3 would remain well within the 
10 CFR part 20, ``Standards for Protection Against Radiation,'' limits. 
Therefore, the proposed CoC changes will not result in any radiological 
or non-radiological environmental impacts that significantly differ 
from the

[[Page 21123]]

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 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.
    This direct final rule revises the NUHOMS[supreg] Storage System 
listing in 10 CFR 72.214 by adding Amendment No. 3 to CoC No. 1029. 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 NUHOMS[supreg] Storage System 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, ``General license issued,'' 
may load spent nuclear fuel into NUHOMS[supreg] Storage Systems that 
meet the criteria of Amendment No. 3 to CoC No. 1029 under 10 CFR 
72.212, ``Conditions of general license issued under Sec.  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 NUHOMS[supreg] Storage System design listed in 10 CFR 72.214. 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 direct final 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. NUHOMS[supreg] Storage System listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to CoC 
No. 1029. Under the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions,'' 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 direct final rule amends the CoC for the Transnuclear, Inc. 
NUHOMS[supreg] Storage 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, Amendment 
No. 3 adds a new transportable DSC, 32PTH2, to the NUHOMS[supreg] 
Storage System; and makes editorial corrections.

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 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. 3 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.
    NUHOMS[supreg] Storage 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, 
because there are no significant design or process changes, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 3 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 safety findings in an 
SER which is available in ADAMS under Accession No. ML13290A205.

[[Page 21124]]

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
3 and end the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into 
NUHOMS[supreg] Storage Systems in accordance with the changes described 
in proposed Amendment No. 3 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. 3 to CoC No. 1029 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 direct final rule 
entitled, ``List of Approved Spent Fuel Storage Casks: Standardized 
Advanced NUHOMS[supreg] Horizontal Modular Storage System; Amendment 
No. 3,'' will not have a significant effect on quality of the human 
environment. Therefore, the NRC has determined that an environmental 
impact statement is not necessary for this direct final rule.

VIII. Paperwork Reduction Act Statement

    This direct final 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. The NRC issued a final rule (68 
FR 463; January 6, 2003) that approved the Standardized Advanced 
NUHOMS[supreg] Cask System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 ``List of approved spent fuel 
storage casks,'' as CoC No. 1029.
    On December 15, 2011 (ADAMS Accession No. ML120040478), 
Transnuclear, Inc. submitted an application to amend the NUHOMS[supreg] 
Storage System.
    The alternative to this action is to withhold approval of Amendment 
No. 3 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the NUHOMS[supreg] Storage Systems under 
the changes described in Amendment No. 3 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 this 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 direct final 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 the CoC No. 1029 for the 
Transnuclear, Inc. NUHOMS[supreg] Storage System, as currently listed 
in 10 CFR 72.214, ``List of Approved Spent Fuel Storage Casks.'' The 
revision consists of Amendment No. 3 which adds a new transportable 
DSC, 32PTH2, to the NUHOMS[supreg] Storage System; and makes editorial 
corrections.
    Amendment No. 3 to CoC No. 1029 for the Transnuclear, Inc. 
NUHOMS[supreg] Storage System was initiated by Transnuclear, Inc. and 
was not submitted in response to new NRC requirements, or an NRC 
request for amendment. Amendment No. 3 applies only to new casks 
fabricated and used under Amendment No. 3. These changes do not affect 
existing users of the NUHOMS[supreg] Storage System, and the current 
Amendments continue to be effective for existing users. While current 
CoC users may comply with the new requirements in Amendment No. 3, this 
would be a voluntary decision on the part of current users. For these 
reasons, Amendment No. 3 to CoC No. 1029 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

[[Page 21125]]

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 is revised 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, 2239, 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. 
109-58, 119 Stat. 549 (2005).
    Section 72.44(g) also issued under Nuclear Waste Policy Act 
secs. 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 also issued under sec. 218(a) (42 U.S.C. 10198).


0
2. In Sec.  72.214, Certificate of Compliance No. 1029 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1029.
    Initial Certificate Effective Date: February 5, 2003.
    Amendment Number 1 Effective Date: May 16, 2005.
    Amendment Number 2 Effective date: Amendment not issued by the NRC.
    Amendment Number 3 Effective Date: June 30, 2014.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
Advanced NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel.
    Docket Number: 72-1029.
    Certificate Expiration Date: February 5, 2023.
    Model Number: Standardized Advanced NUHOMS[supreg] -24PT1, -24PT4, 
and -32PTH2.
* * * * *

    Dated at Rockville, Maryland, this 28th day of March, 2014.

    For the Nuclear Regulatory Commission.
Darren B. Ash,
Acting, Executive Director for Operations.
[FR Doc. 2014-08346 Filed 4-14-14; 8:45 am]
BILLING CODE 7590-01-P