List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® System, Certificate of Compliance No. 1031, Amendment No. 5, 20171-20173 [2015-08677]

Download as PDF 20171 Proposed Rules Federal Register Vol. 80, No. 72 Wednesday, April 15, 2015 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2014–0261] RIN 3150–AJ50 List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® System, Certificate of Compliance No. 1031, Amendment No. 5 Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the NAC International, Inc., MAGNASTOR® System listing within the ‘‘List of approved spent fuel storage casks’’ to include Amendment No. 5 to Certificate of Compliance (CoC) No. 1031. Amendment No. 5 makes numerous changes to the Technical Specifications (TSs) including adding a new damaged fuel assembly, revising the maximum or minimum enrichments for three fuel assembly designs, adding four-zone preferential loading for pressurized-water reactor fuel assemblies and increasing the maximum dose rates in limiting condition for operation 3.3.1, and other editorial changes to Appendices A and B of the TSs. DATES: Submit comments by May 15, 2015. 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: You may submit comments by any one of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to: https://www.regulations.gov and search for Docket ID NRC–2014–0261. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415– mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:16 Apr 14, 2015 Jkt 235001 3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Solomon Sahle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3781; email: Solomon.Sahle@ nrc.gov. reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. A. Obtaining Information B. Submitting Comments Please include Docket ID NRC–2014– 0261 in the subject line of your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. Please refer to Docket ID NRC–2014– 0261 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Web site: Go to: https://www.regulations.gov and search for Docket ID NRC–2014–0261. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly-available documents online in the ADAMS Public Documents collection 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) II. Procedural Background This proposed rule is limited to the changes contained in Amendment No. 5 to CoC No. 1031 and does not include other aspects of the NAC International, Inc., MAGNASTOR® System design. Because the NRC considers this action noncontroversial and routine, the NRC is publishing this proposed rule concurrently with a direct final 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. The direct final rule will become effective on June 29, 2015. However, if the NRC receives significant adverse comments on this proposed rule by May 15, 2015, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 20172 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Proposed Rules will address the comments received in response to these proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or TSs. For additional procedural information and the regulatory analysis, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register. mstockstill on DSK4VPTVN1PROD with PROPOSALS III. Background Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as amended, requires that ‘‘the Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the NWPA states, in part, that ‘‘[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: VerDate Sep<11>2014 17:16 Apr 14, 2015 Jkt 235001 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 which added a new subpart K in part 72 of Title 10 of the Code of Federal Regulations (10 CFR) 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 in 10 CFR part 72 entitled, ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on November 21, 2008 (73 FR 70587), that approved the NAC International, Inc., MAGNASTOR® System design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No.1031. IV. 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 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). The NRC requests comment on the proposed rule with respect to clarity and effectiveness of the language used. V. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. ADAMS accession No./ web link/ Federal Register citation Document Proposed CoC No. 1031, Amendment No. 5 ............. Proposed TS, Appendix A .... Proposed TS, Appendix B .... Preliminary SER ................... Request to Amend Reference 1 Dated December 19, 2013 ............................ Request to Amend Reference 3 Dated March 19, 2014 .................................. Request for Additional Information (RAI) Dated May 15, 2014 ............................ PO 00000 Frm 00002 Fmt 4702 ML14216A197 ML14216A257 ML14216A270 ML14216A310 ML13361A144 ML14079A525 ML14140A239 Sfmt 4702 Document Supplemental Information for Proposed Action Dated June 13, 2014 ................... ADAMS accession No./ web link/ Federal Register citation ML14170A032 The NRC may post materials related to this document, including public comments, on the Federal rulemaking Web site at https://www.regulations.gov under Docket ID NRC–2014–0261. The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC–2014–0261); (2) click the ‘‘Sign up for Email Alerts’’ link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). 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 proposing to adopt the following amendments to 10 CFR part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: ■ Authority: 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) E:\FR\FM\15APP1.SGM 15APP1 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Proposed Rules (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). DEPARTMENT OF THE TREASURY 2. In § 72.214, Certificate of Compliance No. 1031 is revised to read as follows: 12 CFR Chapter II ■ * * * * * 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. Amendment Number 5 Effective Date June 29, 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. Certificate Expiration Date: February 4, 2029. Model Number: MAGNASTOR®. * * * * * Dated at Rockville, Maryland, this 29th day of January, 2015. For the Nuclear Regulatory Commission. Mark A. Satorius, Executive Director for Operations. mstockstill on DSK4VPTVN1PROD with PROPOSALS BILLING CODE 7590–01–P VerDate Sep<11>2014 17:16 Apr 14, 2015 Jkt 235001 12 CFR Chapter I [Docket ID FFIEC–2014–0001] BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM [Docket No. R–1510] FEDERAL DEPOSIT INSURANCE CORPORATION § 72.214 List of approved spent fuel storage casks. [FR Doc. 2015–08677 Filed 4–14–15; 8:45 am] Office of the Comptroller of the Currency 12 CFR Chapter III Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 Office of the Comptroller of the Currency (‘‘OCC’’), Treasury; Board of Governors of the Federal Reserve System (‘‘Board’’); and Federal Deposit Insurance Corporation (‘‘FDIC’’). ACTION: Notice of outreach meeting. AGENCIES: The OCC, Board, and FDIC (‘‘Agencies’’) announce the third in a series of outreach meetings on the Agencies’ interagency process to review their regulations under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (‘‘EGRPRA’’). DATES: An outreach meeting will be held in Boston, Massachusetts on Monday, May 4, 2015, beginning at 9:00 a.m. Eastern Daylight Time (EDT). Online registrations will be accepted through April 27, 2015, or until all seats are filled, whichever is earlier. If seats are available after the close of online registration, individuals may register in person at the Federal Reserve Bank of Boston on the day of the meeting. Additional outreach meetings are scheduled for August 4, 2015, in Kansas City, Missouri (focusing on rural insured depository institutions); October 19, 2015, in Chicago, Illinois; and December 2, 2015, in Washington, DC. ADDRESSES: The Agencies will hold the May 4, 2015, outreach meeting at the Federal Reserve Bank of Boston, 600 Atlantic Avenue, Boston, Massachusetts 02210. Live video of this meeting will be streamed at https://egrpra.ffiec.gov/. All participants should register at https://egrpra.ffiec.gov/outreach/ outreach-index.html. Any interested individual may submit comments through the EGRPRA Web site during open comment periods at: SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 20173 https://egrpra.ffiec.gov/submit-comment/ submit-comment-index.html. On this site, click ‘‘Submit a Comment’’ and follow the instructions. Alternatively, comments also may be submitted through the Federal eRulemaking Portal ‘‘Regulations.gov’’ at: https:// www.regulations.gov. Enter ‘‘Docket ID FFIEC–2014–0001’’ in the Search Box, click ‘‘Search,’’ and click ‘‘Comment Now.’’ Those who wish to submit their comments by an alternate means may do so as indicated by each agency below. OCC: The OCC encourages commenters to submit comments through the Federal eRulemaking Portal, Regulations.gov, in accordance with the previous paragraph. Alternatively, comments may be emailed to regs.comments@ occ.treas.gov or sent by mail to Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Mail Stop 9W–11, 400 7th Street SW., Washington, DC 20219. Comments also may be faxed to (571) 465–4326 or hand delivered or sent by courier to 400 7th Street SW., Washington, DC 20219. For comments submitted by any means other than Regulations.gov, you must include ‘‘OCC’’ as the agency name and ‘‘Docket ID FFIEC–2014–0001’’ in your comment. In general, the OCC will enter all comments received into the docket and publish them without change on Regulations.gov. Comments received, including attachments and other supporting materials, as well as any business or personal information you provide, such as your name and address, email address, or phone number, are part of the public record and subject to public disclosure. Therefore, please do not include any information with your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may inspect and photocopy in person all comments received by the OCC at 400 7th Street SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect or photocopy comments. You may make an appointment by calling (202) 649–6700. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to a security screening. Board: The Board encourages commenters to submit comments regarding the Board’s regulations by any of the following methods: • Agency Web site: https://www. federalreserve.gov/apps/foia/ E:\FR\FM\15APP1.SGM 15APP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Proposed Rules]
[Pages 20171-20173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08677]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / 
Proposed Rules

[[Page 20171]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2014-0261]
RIN 3150-AJ50


List of Approved Spent Fuel Storage Casks: NAC International, 
Inc., MAGNASTOR[supreg] System, Certificate of Compliance No. 1031, 
Amendment No. 5

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage regulations by revising the NAC 
International, Inc., MAGNASTOR[supreg] System listing within the ``List 
of approved spent fuel storage casks'' to include Amendment No. 5 to 
Certificate of Compliance (CoC) No. 1031. Amendment No. 5 makes 
numerous changes to the Technical Specifications (TSs) including adding 
a new damaged fuel assembly, revising the maximum or minimum 
enrichments for three fuel assembly designs, adding four-zone 
preferential loading for pressurized-water reactor fuel assemblies and 
increasing the maximum dose rates in limiting condition for operation 
3.3.1, and other editorial changes to Appendices A and B of the TSs.

DATES: Submit comments by May 15, 2015. 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: You may submit comments by any one of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to: https://www.regulations.gov and search for Docket ID NRC-2014-0261. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: Rulemaking.Comments@nrc.gov. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Solomon Sahle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-3781; email: 
Solomon.Sahle@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0261 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to: https://www.regulations.gov and search for Docket ID NRC-2014-0261.
     NRC's Agencywide Documents Access and Management System 
(ADAMS):

You may access publicly-available documents online in the ADAMS Public 
Documents collection 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. For the 
convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2014-0261 in the subject line of your 
comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Procedural Background

    This proposed rule is limited to the changes contained in Amendment 
No. 5 to CoC No. 1031 and does not include other aspects of the NAC 
International, Inc., MAGNASTOR[supreg] System design. Because the NRC 
considers this action noncontroversial and routine, the NRC is 
publishing this proposed rule concurrently with a direct final 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. The direct final rule will become effective on June 29, 
2015. However, if the NRC receives significant adverse comments on this 
proposed rule by May 15, 2015, then the NRC will publish a document 
that withdraws the direct final rule. If the direct final rule is 
withdrawn, the NRC

[[Page 20172]]

will address the comments received in response to these proposed 
revisions in a subsequent final rule. Absent significant modifications 
to the proposed revisions requiring republication, the NRC will not 
initiate a second comment period on this action in the event the direct 
final rule is withdrawn.
    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 additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the Department of Energy] 
shall establish a demonstration program, in cooperation with the 
private sector, for the dry storage of spent nuclear fuel at civilian 
nuclear power reactor sites, with the objective of establishing one or 
more technologies that the [Nuclear Regulatory] Commission may, by 
rule, approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the NWPA 
states, in part, that ``[the Commission] shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 219(a) [sic: 218(a)] for use at the site of 
any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule which added a new subpart K in part 72 of Title 
10 of the Code of Federal Regulations (10 CFR) 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 in 10 
CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
November 21, 2008 (73 FR 70587), that approved the NAC International, 
Inc., MAGNASTOR[supreg] System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as CoC No.1031.

IV. 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 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). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                                              ADAMS
                                                          accession No./
                                                            web link/
                        Document                             Federal
                                                             Register
                                                             citation
------------------------------------------------------------------------
Proposed CoC No. 1031, Amendment No. 5.................     ML14216A197
Proposed TS, Appendix A................................     ML14216A257
Proposed TS, Appendix B................................     ML14216A270
Preliminary SER........................................     ML14216A310
Request to Amend Reference 1 Dated December 19, 2013...     ML13361A144
Request to Amend Reference 3 Dated March 19, 2014......     ML14079A525
Request for Additional Information (RAI) Dated May 15,      ML14140A239
 2014..................................................
Supplemental Information for Proposed Action Dated June     ML14170A032
 13, 2014..............................................
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking Web site at https://www.regulations.gov under Docket ID NRC-2014-0261. The Federal 
rulemaking Web site allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2014-0261); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

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 proposing to adopt 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)

[[Page 20173]]

(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.
    Amendment Number 5 Effective Date June 29, 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.
    Certificate Expiration Date: February 4, 2029.
    Model Number: MAGNASTOR[supreg].
* * * * *

     Dated at Rockville, Maryland, this 29th day of January, 2015.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-08677 Filed 4-14-15; 8:45 am]
 BILLING CODE 7590-01-P

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