List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® System; Certificate of Compliance No. 1031, Amendment No. 4, 4757-4761 [2015-01693]
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Rules and Regulations
Federal Register
Vol. 80, No. 19
Thursday, January 29, 2015
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2014–0058]
RIN–3150–AJ39
List of Approved Spent Fuel Storage
Casks: NAC International
MAGNASTOR® System; Certificate of
Compliance No. 1031, Amendment
No. 4
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations to add
Amendment No. 4 to the Certificate of
Compliance (CoC) No. 1031 for the NAC
International MAGNASTOR® System.
Amendment No. 4 changes a limiting
condition for operation (LCO) in the
technical specifications for
transportable storage canister (TSC)
vacuum drying and helium backfill
times, and corrects a typographical
error. The NRC approval of this
Amendment would not authorize
transportation.
DATES: The direct final rule is effective
April 14, 2015, unless significant
adverse comments are received by
March 2, 2015. 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withdrawn as a result of such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–2014–0058 when contacting the
NRC about the availability of
information for this direct final rule.
You may access publicly-available
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SUMMARY:
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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–2014–0058. 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 notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced and in Section
XIII, Availability of Documents.
• 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:
Robert D. MacDougall, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–415–5175, email:
Robert.MacDougall@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. Environmental Assessment and Finding
of No Significant Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Procedural Background
This direct final rule is limited to the
changes contained in Amendment No. 4
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to CoC No. 1031 and does not include
other aspects of the MAGNASTOR®
System design. Because the NRC
considers this action noncontroversial
and routine, the NRC is publishing this
direct final rule concurrently with a
proposed rule in the Rules and
Regulations section of this issue of the
Federal Register. Adequate protection
of public health and safety continues to
be ensured. This amendment to the rule
will become effective on April 14, 2015.
If the NRC receives significant adverse
comments on this direct final rule by
March 2, 2015, however, it will publish
a document that withdraws the direct
final rule and notifies the public that the
NRC will address the comments
received in response to these proposed
revisions in a subsequent final rule.
Absent significant modifications to the
proposed revisions that would require
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is one
in which the commenter explains why
the rule would be inappropriate. This
could include challenging the rule’s
underlying premise or approach, or
explaining why the rule 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 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.
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.
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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 (73 FR
70587; November 21, 2008) that
approved the MAGNASTOR® System
design and added it to the list of NRCapproved cask designs in 10 CFR
72.214, ‘‘List of approved spent fuel
storage casks,’’ as CoC No.1031.
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III. Discussion of Changes
By letter dated June 18, 2013 (ADAMS
Accession No. ML13171A031), as
supplemented September 6, 2013
(ADAMS Accession No. ML13261A278),
September 19, 2013 (ADAMS Accession
No. ML13268A051 proprietary
information—not for public disclosure),
June 13, 2014 (ADAMS Accession No.
ML14170A063), June 17, 2014 (ADAMS
Accession No. ML14170A022), and July
17, 2014 (ADAMS Accession No.
ML14199A501), NAC International
(NAC) submitted an application for
Amendment No. 4 of CoC No. 1031. The
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amendment makes changes to LCO 3.1.1
in Technical Specification Appendix A
(ADAMS Accession No. ML14272A479).
Specifically, in the first table in section
1 of LCO 3.1.1:
• The table title is revised from ‘‘PWR
Drying with 8 Hours TSC Transfer’’ to
‘‘PWR TSC Transfer with Reduced
Helium Backfill Time;’’
• In row 1, 4th column, the cask
transfer time is changed from 8 to 600
hours;
• In row 2, 3rd column, the helium
backfill time is changed from 0 to 7
hours; and
• In row 2, 4th column, the cask
transfer time is changed from 8 to 70.5
hours.
Amendment No. 4 also corrects a
typographical error in two required
minimum actual areal boron densities in
Technical Specification Appendix A,
Section 4.1.1(a). In addition, Technical
Specification Appendix B (ADAMS
Accession No. ML14272A484), Table
B2–5, provides new minimum
additional decay times required before
loading when the spent fuel contains
nonfuel hardware. The revised technical
specifications are identified in the
preliminary Safety Evaluation Report
(SER) (ADAMS Accession No.
ML14272A487).
As documented in the preliminary
SER, 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. 4
would remain well within the
applicable limits of 10 CFR part 20,
‘‘Standards for Protection Against
Radiation.’’ 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 fuel under a general license in
cask designs approved by the NRC.
There will be no significant change in
the types or amounts of any effluent
released, no significant increase in
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individual or cumulative radiation
exposure, and no significant increase in
the potential for or consequences of
radiological accidents from those
analyzed in that environmental
assessment.
This direct final rule revises the
MAGNASTOR® System listing in 10
CFR 72.214 by adding Amendment No.
4 to CoC No. 1031. The amendment
consists of the changes previously
described, as set forth in the revised
CoC and technical specifications. The
revised technical specifications are
identified in the preliminary SER.
The amended MAGNASTOR® System
design, when used under the conditions
specified in the CoC, the technical
specifications, 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 MAGNASTOR® Storage Systems
that meet the criteria of Amendment No.
4 to CoC No. 1031 under 10 CFR 72.212,
‘‘Conditions of general license issued
under § 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 developed or
adopted by voluntary consensus
standards bodies, unless the use of such
a standard is inconsistent with
applicable law or otherwise impractical.
In this direct final rule, the NRC will
revise the MAGNASTOR® System
design listed in 10 CFR 72.214. This
action does not constitute the
establishment of a standard subject to
Public Law 104–113.
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
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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, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
VII. Environmental Assessment and
Finding of No Significant
Environmental Impact: Availability
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A. The Action
The action is to amend 10 CFR 72.214
to revise the NAC International, Inc.
MAGNASTOR® System listing within
the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Amendment
No. 4 to CoC No. 1031. 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. An
environmental impact statement is
therefore 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 NAC International, Inc.
MAGNASTOR® 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. 4 changes the LCOs in
the technical specifications for canister
vacuum drying and helium backfill
times. Amendment No. 4 also corrects a
typographical error in two required
minimum actual areal boron densities in
Technical Specification Appendix A,
Section 4.1.1(a). In addition, Technical
Specification Appendix B, Table B2–5,
provides new minimum additional
decay times required before loading
when the spent fuel contains nonfuel
hardware. The revised technical
specifications are identified in the
preliminary SER.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
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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. 4 tiers off of the
environmental assessment for the July
18, 1990, final rule.
The MAGNASTOR® System is
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,
fires, 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 confinement, 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 process changes, any
resulting occupational exposures or
offsite dose rates from the
implementation of Amendment No. 4
would remain well within 10 CFR part
20 radiation safety limits. Therefore, the
proposed CoC changes will not result in
either radiological or non-radiological
environmental impacts that differ
significantly 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 amounts of any
effluent released, no significant increase
in individual or cumulative radiation
exposures, and no significant increase
in the potential for or consequences of
radiological accidents. The staff
documented these safety findings in the
preliminary SER for this amendment.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 4 and
end the direct final rule. Consequently,
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any 10 CFR part 72 general licensee that
seeks to load spent nuclear fuel into
MAGNASTOR® System casks in
accordance with the changes described
in proposed Amendment No. 4 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 on the NRC and the cost to each
licensee. Because licensees could still
receive approval for use of this cask
through a different and more
burdensome administrative process,
environmental impacts of the proposed
action would be the same as or less than
the no-action alternative.
E. Alternative Use of Resources
Approval of Amendment No. 4 to CoC
No. 1031 would result in no significant
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 of 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:
NAC International MAGNASTOR®
System; Certificate of Compliance No.
1031, Amendment No. 4,’’ will not have
a significant effect on the quality of the
human environment. The NRC has
therefore determined that an
environmental impact statement for this
direct final rule is not necessary.
VIII. Paperwork Reduction Act
Statement
This direct final rule does not contain
any information collection
requirements, and is therefore 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.
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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 casks with designs approved
by the NRC. Any nuclear power reactor
licensee can use casks with NRCapproved designs to store spent nuclear
fuel if the licensee 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 codified in 10 CFR
72.214. The NRC issued a final rule (73
FR 70687; November 21, 2008) that
approved the MAGNASTOR® System
design and added it to the list of NRCapproved cask designs in 10 CFR 72.214
‘‘List of approved spent fuel storage
casks,’’ as CoC No. 1031.
On June 18, 2013, and as
supplemented on September 6, 2013,
June 13, 2014, June 17, 2014, and July
17, 2014, NAC International, Inc.
submitted an application to amend the
MAGNASTOR® Cask System as
described in Section III, ‘‘Discussion of
Changes,’’ of this document.
The alternative to this action is to
withhold approval of Amendment No. 4
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the MAGNASTOR®
System cask under the changes
described in Amendment No. 4 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 on the NRC
and the costs to each interested licensee.
Issuance of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the
preliminary SER and the environmental
assessment, the direct final rule will
ensure protection of public health and
safety, and have no significant impact
on 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 NAC International,
Inc. These entities do not fall within 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.
1031 for the NAC International
MAGNASTOR® System, as currently
listed in 10 CFR 72.214, ‘‘List of
Approved Spent Fuel Storage Casks.’’
The revision consists of Amendment
No. 4, which changes the title and
specified numerical values of LCO 3.1.1,
Section 1, first table entitled ‘‘PWR
Drying with 8 Hours TSC Transfer.’’
Amendment No. 4 also corrects a
typographical error in two required
minimum actual areal boron densities in
Technical Specification Appendix A,
Section 4.1.1(a). In addition, Technical
Specification Appendix B, Table B2–5,
provides new minimum additional
decay times required before loading
when the spent fuel contains nonfuel
hardware. The revised technical
specifications are identified in the
preliminary SER.
Amendment No. 4 to CoC No. 1031
for the MAGNASTOR® System was
initiated by NAC International and was
not submitted in response to new NRC
requirements, or an NRC request for
amendment. Amendment No. 4 applies
only to new casks fabricated and used
under Amendment No. 4. These changes
do not affect existing users of the NAC
International MAGNASTOR® System,
and the current Amendment No. 3
continues to be effective for existing
users. While current CoC users may
comply with the new requirements in
Amendment No. 4, this would be a
voluntary decision on their part. For
these reasons, Amendment No. 4 to CoC
No. 1031 does not constitute backfitting
under 10 CFR 72.62 or 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.
XIII. Availability of Documents
The documents referenced in this
direct final rule are available in the
NRC’s Agencywide Documents Access
and Management System (ADAMS)
using the Main Library (ML) accession
numbers for the documents listed in the
table below:
TABLE 1
ADAMS
Accession No.
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Document title
Proposed CoC (for Certificate of Compliance #1031) .....................................................................................................................
Technical Specifications Appendix A ...............................................................................................................................................
Technical Specifications Appendix B ...............................................................................................................................................
Preliminary Safety Evaluation Report (SER) ....................................................................................................................................
‘‘Submission of a Request to Amend the NRC Certificate of Compliance No. 1031 for the NAC International MAGNASTOR
Cask System,’’ June 18, 2013.
‘‘Submission of NAC’s Response to the U.S. Nuclear Regulatory Commission’s Request for Supplemental Information for
NAC’s Request to Amend the Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System,’’
September 6, 2013.
‘‘Final Safety Analysis Report Amendment 4 Application Supplement, Rev. 13C,’’ September 19, 2013. (Proprietary information—not for public disclosure)..
‘‘Submission of a Supplement to NAC’s Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System,’’ June 13, 2014.
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TABLE 1—Continued
ADAMS
Accession No.
Document title
‘‘Submission of a Supplement to NAC’s Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System,’’ June 17, 2014.
‘‘Submission of a Supplement to NAC’s Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System,’’ July 17, 2014.
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:
tkelley on DSK3SPTVN1PROD with RULES
■
2. In § 72.214, Certificate of
Compliance No. 1031 is revised to read
as follows:
VerDate Sep<11>2014
16:36 Jan 28, 2015
Jkt 235001
*
*
*
*
*
Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009.
Amendment Number 1 Effective Date:
August 30, 2010.
Amendment Number 2 Effective Date:
January 30, 2012.
Amendment Number 3 Effective date:
July 25, 2013.
Amendment Number 4 Effective Date:
April 14, 2015.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
Docket Number: 72–1031.
Certificate Expiration Date: February
4, 2029. Model Number:
MAGNASTOR®.
Dated at Rockville, Maryland, this 15th day
of January 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015–01693 Filed 1–28–15; 8:45 am]
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); Government
Paperwork Elimination Act sec. 1704 (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 Nuclear Waste Policy Act sec. 218(a)
(42 U.S.C. 10198).
■
§ 72.214 List of approved spent fuel
storage casks.
Federal Aviation Administration
14 CFR Parts 25
[Docket No. FAA–2013–0142; Amdt. No. 25–
141]
RIN 2120–AK12
Harmonization of Airworthiness
Standards—Gust and Maneuver Load
Requirements; Correction
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
The FAA is correcting the
final rule, ‘‘Harmonization of
Airworthiness Standards—Gust and
Maneuver Load Requirements’’ (79 FR
73462), published December 11, 2014.
In the rule, the FAA amended certain
airworthiness regulations for transport
category airplanes to eliminate
regulatory differences between the
SUMMARY:
Fmt 4700
airworthiness standards of the FAA and
European Aviation Safety Agency
(EASA). It does not add new
requirements beyond what
manufacturers currently meet for EASA
certification and does not affect current
industry design practices. This final rule
revises the pitch maneuver design loads
criteria; revises the gust and turbulence
design loads criteria; revises the
application of gust loads to engine
mounts, high lift devices, and other
control surfaces; adds a ‘‘round-theclock’’ discrete gust criterion and a
multi-axis discrete gust criterion for
airplanes equipped with wing-mounted
engines; revises the engine torque loads
criteria; adds an engine failure dynamic
load condition; revises the ground gust
design loads criteria; revises the criteria
used to establish the rough air design
speed; and requires the establishment of
a rough air Mach number. This
document corrects errors in the rule by
ensuring that certain letters in the
included equations have the right
formatting and therefore the correct
meaning.
This correction is effective
February 9, 2015.
DEPARTMENT OF TRANSPORTATION
Frm 00005
ML14199A501
DATES:
BILLING CODE 7590–01–P
PO 00000
ML14170A022
Sfmt 4700
For
technical questions concerning this
action, contact Todd Martin, Airframe
and Cabin Safety Branch, ANM–115,
Transport Airplane Directorate, Aircraft
Certification Service, Federal Aviation
Administration, 1601 Lind Avenue SW.,
Renton, WA 98057–3356; telephone
(425) 227–1178; facsimile (425) 227–
1232; email Todd.Martin@faa.gov.
For legal questions concerning this
action, contact Sean Howe, Office of the
Regional Counsel, ANM–7, Federal
Aviation Administration, 1601 Lind
Avenue SW., Renton, Washington
98057–3356; telephone (425) 227–2591;
facsimile (425) 227–1007; email
Sean.Howe@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On December 11, 2014, the FAA
published the final rule entitled,
‘‘Harmonization of Airworthiness
Standards—Gust and Maneuver Load
Requirements’’ (79 FR 73462).
E:\FR\FM\29JAR1.SGM
29JAR1
]]>Agencies
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4757-4761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01693]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 /
Rules and Regulations
[[Page 4757]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0058]
RIN-3150-AJ39
List of Approved Spent Fuel Storage Casks: NAC International
MAGNASTOR[supreg] System; Certificate of Compliance No. 1031, Amendment
No. 4
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations to add Amendment No. 4 to the
Certificate of Compliance (CoC) No. 1031 for the NAC International
MAGNASTOR[supreg] System. Amendment No. 4 changes a limiting condition
for operation (LCO) in the technical specifications for transportable
storage canister (TSC) vacuum drying and helium backfill times, and
corrects a typographical error. The NRC approval of this Amendment
would not authorize transportation.
DATES: The direct final rule is effective April 14, 2015, unless
significant adverse comments are received by March 2, 2015. 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-2014-0058 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 https://www.regulations.gov and search for Docket ID NRC-2014-0058. 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 notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced and in Section XIII, Availability of Documents.
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: Robert D. MacDougall, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone: 301-415-5175, email:
Robert.MacDougall@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. Environmental Assessment and Finding of No Significant
Environmental Impact
VIII. Paperwork Reduction Act Statement
IX. Regulatory Analysis
X. Regulatory Flexibility Certification
XI. Backfitting and Issue Finality
XII. Congressional Review Act
XIII. Availability of Documents
I. Procedural Background
This direct final rule is limited to the changes contained in
Amendment No. 4 to CoC No. 1031 and does not include other aspects of
the MAGNASTOR[supreg] System design. Because the NRC considers this
action noncontroversial and routine, the NRC is publishing this direct
final rule concurrently with a proposed rule in the Rules and
Regulations section of this issue of the Federal Register. Adequate
protection of public health and safety continues to be ensured. This
amendment to the rule will become effective on April 14, 2015. If the
NRC receives significant adverse comments on this direct final rule by
March 2, 2015, however, it will publish a document that withdraws the
direct final rule and notifies the public that the NRC will address the
comments received in response to these proposed revisions in a
subsequent final rule. Absent significant modifications to the proposed
revisions that would require republication, the NRC will not initiate a
second comment period on this action.
A significant adverse comment is one in which the commenter
explains why the rule would be inappropriate. This could include
challenging the rule's underlying premise or approach, or explaining
why the rule 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 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.
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.
[[Page 4758]]
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 (73 FR 70587; November 21,
2008) that approved the MAGNASTOR[supreg] 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.1031.
III. Discussion of Changes
By letter dated June 18, 2013 (ADAMS Accession No. ML13171A031), as
supplemented September 6, 2013 (ADAMS Accession No. ML13261A278),
September 19, 2013 (ADAMS Accession No. ML13268A051 proprietary
information--not for public disclosure), June 13, 2014 (ADAMS Accession
No. ML14170A063), June 17, 2014 (ADAMS Accession No. ML14170A022), and
July 17, 2014 (ADAMS Accession No. ML14199A501), NAC International
(NAC) submitted an application for Amendment No. 4 of CoC No. 1031. The
amendment makes changes to LCO 3.1.1 in Technical Specification
Appendix A (ADAMS Accession No. ML14272A479). Specifically, in the
first table in section 1 of LCO 3.1.1:
The table title is revised from ``PWR Drying with 8 Hours
TSC Transfer'' to ``PWR TSC Transfer with Reduced Helium Backfill
Time;''
In row 1, 4th column, the cask transfer time is changed
from 8 to 600 hours;
In row 2, 3rd column, the helium backfill time is changed
from 0 to 7 hours; and
In row 2, 4th column, the cask transfer time is changed
from 8 to 70.5 hours.
Amendment No. 4 also corrects a typographical error in two required
minimum actual areal boron densities in Technical Specification
Appendix A, Section 4.1.1(a). In addition, Technical Specification
Appendix B (ADAMS Accession No. ML14272A484), Table B2-5, provides new
minimum additional decay times required before loading when the spent
fuel contains nonfuel hardware. The revised technical specifications
are identified in the preliminary Safety Evaluation Report (SER) (ADAMS
Accession No. ML14272A487).
As documented in the preliminary SER, 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. 4 would remain well within the
applicable limits of 10 CFR part 20, ``Standards for Protection Against
Radiation.'' 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 fuel under a general license in cask designs approved by the NRC.
There will be no significant change in the types or amounts of any
effluent released, no significant increase in individual or cumulative
radiation exposure, and no significant increase in the potential for or
consequences of radiological accidents from those analyzed in that
environmental assessment.
This direct final rule revises the MAGNASTOR[supreg] System listing
in 10 CFR 72.214 by adding Amendment No. 4 to CoC No. 1031. The
amendment consists of the changes previously described, as set forth in
the revised CoC and technical specifications. The revised technical
specifications are identified in the preliminary SER.
The amended MAGNASTOR[supreg] System design, when used under the
conditions specified in the CoC, the technical specifications, 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 MAGNASTOR[supreg]
Storage Systems that meet the criteria of Amendment No. 4 to CoC No.
1031 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
developed or adopted by voluntary consensus standards bodies, unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC will revise
the MAGNASTOR[supreg] System design listed in 10 CFR 72.214. This
action does not constitute the establishment of a standard subject to
Public Law 104-113.
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
[[Page 4759]]
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, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
VII. Environmental Assessment and Finding of No Significant
Environmental Impact: Availability
A. The Action
The action is to amend 10 CFR 72.214 to revise the NAC
International, Inc. MAGNASTOR[supreg] System listing within the ``List
of Approved Spent Fuel Storage Casks'' to include Amendment No. 4 to
CoC No. 1031. 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. An environmental impact statement
is therefore 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 NAC International,
Inc. MAGNASTOR[supreg] 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. 4 changes the LCOs in the technical specifications for canister
vacuum drying and helium backfill times. Amendment No. 4 also corrects
a typographical error in two required minimum actual areal boron
densities in Technical Specification Appendix A, Section 4.1.1(a). In
addition, Technical Specification Appendix B, Table B2-5, provides new
minimum additional decay times required before loading when the spent
fuel contains nonfuel hardware. The revised technical specifications
are identified in the preliminary SER.
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. 4 tiers off of the
environmental assessment for the July 18, 1990, final rule.
The MAGNASTOR[supreg] System is 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, fires, 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 confinement,
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 process changes, any resulting occupational
exposures or offsite dose rates from the implementation of Amendment
No. 4 would remain well within 10 CFR part 20 radiation safety limits.
Therefore, the proposed CoC changes will not result in either
radiological or non-radiological environmental impacts that differ
significantly 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 amounts of any
effluent released, no significant increase in individual or cumulative
radiation exposures, and no significant increase in the potential for
or consequences of radiological accidents. The staff documented these
safety findings in the preliminary SER for this amendment.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
4 and end the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into
MAGNASTOR[supreg] System casks in accordance with the changes described
in proposed Amendment No. 4 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 on the NRC and the cost to each licensee. Because
licensees could still receive approval for use of this cask through a
different and more burdensome administrative process, environmental
impacts of the proposed action would be the same as or less than the
no-action alternative.
E. Alternative Use of Resources
Approval of Amendment No. 4 to CoC No. 1031 would result in no
significant 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 of 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: NAC
International MAGNASTOR[supreg] System; Certificate of Compliance No.
1031, Amendment No. 4,'' will not have a significant effect on the
quality of the human environment. The NRC has therefore determined that
an environmental impact statement for this direct final rule is not
necessary.
VIII. Paperwork Reduction Act Statement
This direct final rule does not contain any information collection
requirements, and is therefore 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.
[[Page 4760]]
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 casks with designs approved by the NRC. Any nuclear
power reactor licensee can use casks with NRC-approved designs to store
spent nuclear fuel if the licensee 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 codified in 10 CFR 72.214. The NRC issued a
final rule (73 FR 70687; November 21, 2008) that approved the
MAGNASTOR[supreg] 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. 1031.
On June 18, 2013, and as supplemented on September 6, 2013, June
13, 2014, June 17, 2014, and July 17, 2014, NAC International, Inc.
submitted an application to amend the MAGNASTOR[supreg] Cask System as
described in Section III, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 4 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the MAGNASTOR[supreg] System cask under
the changes described in Amendment No. 4 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 on the NRC and the costs to each
interested licensee.
Issuance of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary SER and the
environmental assessment, the direct final rule will ensure protection
of public health and safety, and have no significant impact on 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
NAC International, Inc. These entities do not fall within 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. 1031 for the
NAC International MAGNASTOR[supreg] System, as currently listed in 10
CFR 72.214, ``List of Approved Spent Fuel Storage Casks.'' The revision
consists of Amendment No. 4, which changes the title and specified
numerical values of LCO 3.1.1, Section 1, first table entitled ``PWR
Drying with 8 Hours TSC Transfer.'' Amendment No. 4 also corrects a
typographical error in two required minimum actual areal boron
densities in Technical Specification Appendix A, Section 4.1.1(a). In
addition, Technical Specification Appendix B, Table B2-5, provides new
minimum additional decay times required before loading when the spent
fuel contains nonfuel hardware. The revised technical specifications
are identified in the preliminary SER.
Amendment No. 4 to CoC No. 1031 for the MAGNASTOR[supreg] System
was initiated by NAC International and was not submitted in response to
new NRC requirements, or an NRC request for amendment. Amendment No. 4
applies only to new casks fabricated and used under Amendment No. 4.
These changes do not affect existing users of the NAC International
MAGNASTOR[supreg] System, and the current Amendment No. 3 continues to
be effective for existing users. While current CoC users may comply
with the new requirements in Amendment No. 4, this would be a voluntary
decision on their part. For these reasons, Amendment No. 4 to CoC No.
1031 does not constitute backfitting under 10 CFR 72.62 or 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.
XIII. Availability of Documents
The documents referenced in this direct final rule are available in
the NRC's Agencywide Documents Access and Management System (ADAMS)
using the Main Library (ML) accession numbers for the documents listed
in the table below:
Table 1
------------------------------------------------------------------------
Document title ADAMS Accession No.
------------------------------------------------------------------------
Proposed CoC (for Certificate of ML14272A472
Compliance #1031).
Technical Specifications Appendix A..... ML14272A479
Technical Specifications Appendix B..... ML14272A484
Preliminary Safety Evaluation Report ML14272A487
(SER).
``Submission of a Request to Amend the ML13171A031
NRC Certificate of Compliance No. 1031
for the NAC International MAGNASTOR
Cask System,'' June 18, 2013.
``Submission of NAC's Response to the ML13261A278
U.S. Nuclear Regulatory Commission's
Request for Supplemental Information
for NAC's Request to Amend the
Certificate of Compliance No. 1031 for
the NAC International MAGNASTOR Cask
System,'' September 6, 2013.
``Final Safety Analysis Report Amendment ML13268A051
4 Application Supplement, Rev. 13C,''
September 19, 2013. (Proprietary
information--not for public
disclosure)..
``Submission of a Supplement to NAC's ML14170A063
Request to Amend the U.S. Nuclear
Regulatory Commission Certificate of
Compliance No. 1031 for the NAC
International MAGNASTOR Cask System,''
June 13, 2014.
[[Page 4761]]
``Submission of a Supplement to NAC's ML14170A022
Request to Amend the U.S. Nuclear
Regulatory Commission Certificate of
Compliance No. 1031 for the NAC
International MAGNASTOR Cask System,''
June 17, 2014.
``Submission of a Supplement to NAC's ML14199A501
Request to Amend the U.S. Nuclear
Regulatory Commission Certificate of
Compliance No. 1031 for the NAC
International MAGNASTOR Cask System,''
July 17, 2014.
------------------------------------------------------------------------
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, 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); Government
Paperwork Elimination Act sec. 1704 (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 Nuclear Waste Policy Act sec.
218(a) (42 U.S.C. 10198).
0
2. In Sec. 72.214, Certificate of Compliance No. 1031 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009.
Amendment Number 1 Effective Date: August 30, 2010.
Amendment Number 2 Effective Date: January 30, 2012.
Amendment Number 3 Effective date: July 25, 2013.
Amendment Number 4 Effective Date: April 14, 2015.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg]
System.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029. Model Number:
MAGNASTOR[supreg].
Dated at Rockville, Maryland, this 15th day of January 2015.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-01693 Filed 1-28-15; 8:45 am]
BILLING CODE 7590-01-P
