List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® Cask System; Certificate of Compliance No. 1031, Amendment No. 6, 69659-69663 [2016-24317]
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69659
Rules and Regulations
Federal Register
Vol. 81, No. 195
Friday, October 7, 2016
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–2016–0137]
RIN 3150–AJ77
List of Approved Spent Fuel Storage
Casks: NAC International
MAGNASTOR® Cask System;
Certificate of Compliance No. 1031,
Amendment No. 6
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International (NAC),
MAGNASTOR® Cask System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 6 to Certificate of Compliance (CoC)
No. 1031. Amendment No. 6 revises
NAC–MAGNASTOR technical
specifications (TSs) to align with the
NAC Multi-Purpose Canister (MPC) and
NAC Universal MPC System (UMS) TSs.
The CoC No. 1031 TSs require that a
program be established and maintained
for loading, unloading, and preparing
fuel for storage without any indication
of duration for the program.
Amendment No. 6 limits maintenance
of this program until all spent fuel is
removed from the spent fuel pool and
transport operations are completed.
Related training and radiation
protection program requirements are
modified accordingly. Additionally,
Amendment No. 6 incorporates the
change to Limiting Condition for
Operation (LCO) 3.1.1 previously
approved by the NRC in CoC No. 1031
Amendment No. 4.
DATES: The direct final rule is effective
December 21, 2016, unless significant
adverse comments are received by
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SUMMARY:
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November 7, 2016. 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rule is withdrawn as a result of such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 Commission
is able to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule will also be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0137. 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:
Keith McDaniel, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–5252 or email:
Keith.McDaniel@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting
Comments
II. Procedural Background
III. Background
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IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2016–
0137 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–2016–0137.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable 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–2016–
0137 in 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.
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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.
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II. Procedural Background
This rule is limited to the changes
contained in Amendment No. 6 to CoC
No. 1031 and does not include other
aspects of the NAC MAGNASTOR®
Cask System design. The NRC is using
the ‘‘direct final rule procedure’’ to
issue this amendment because it
represents a limited and routine change
to an existing CoC that is expected to be
noncontroversial. Adequate protection
of public health and safety continues to
be ensured. The amendment to the rule
will become effective on December 21,
2016. However, if the NRC receives
significant adverse comments on this
direct final rule by November 7, 2016,
then the NRC will publish a document
that withdraws this action and will
subsequently address the comments
received in a final rule as a response to
the companion proposed rule published
in the Proposed Rule section of this
issue of the Federal Register.
Absent significant modifications to
the proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC staff.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
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ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC staff
to make a change (other than editorial)
to the rule, CoC, or TSs.
For detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rule 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 MAGNASTOR® Cask
System design and added it to the list
of NRC-approved cask designs in 10
CFR 72.214 as CoC No. 1031.
IV. Discussion of Changes
By letter dated December 11, 2015,
NAC submitted a request to the NRC to
amend CoC No. 1031. As documented in
the Preliminary Safety Evaluation
Report (PSER) and described further
below, the NRC staff performed a
detailed safety evaluation of the
proposed CoC Amendment 6 request.
This direct final rule revises the NAC
MAGNASTOR® Cask System listing in
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10 CFR 72.214 by adding Amendment
No. 6 to CoC No. 1031. The amendment
consists of the changes described below,
as set forth in the revised CoC and TSs.
The revised TSs are identified in the
PSER.
Amendment No. 6 revises NAC–
MAGNASTOR TSs to align with the
NAC–MPC and NAC–UMS TSs. The
CoC No. 1031 TSs currently require that
a program be established and
maintained for loading, unloading, and
preparing fuel for storage without any
indication of duration for the program.
Amendment No. 6 clarifies the
applicability of TS requirements
depending on the status of operations,
limiting maintenance of certain
programs until all spent fuel is removed
from the spent fuel pool and transport
operations are completed. Additionally,
Amendment No. 6 incorporates the
change to LCO 3.1.1 that was previously
reviewed and approved by the NRC in
Amendment No. 4. The NRC staff
determined that Amendment No. 6 does
not include changes to cask design
requirements and does not reflect a
change in design or fabrication of the
cask. The NRC staff found that the TS
and operating limit changes do not
impact the casks ability to continue to
safely store spent fuel in accordance
with part 72 requirements.
The amended NAC MAGNASTOR®
Cask System design, when used under
the conditions specified in the CoC, the
TSs, and the NRC’s regulations, will
meet the requirements of 10 CFR part
72; therefore, adequate protection of
public health and safety will continue to
be ensured. When this direct final rule
becomes effective, persons who hold a
general license under 10 CFR 72.210
may load spent nuclear fuel into the
NAC MAGNASTOR® Cask System casks
that meet the criteria of Amendment No.
6 to CoC No. 1031 under 10 CFR 72.212.
V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC will revise the NAC
MAGNASTOR® Cask System design
listed in 10 CFR 72.214, ‘‘List of
approved spent fuel storage casks.’’ This
action does not constitute the
establishment of a standard that
contains generally applicable
requirements.
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VI. Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
the Commission on June 30, 1997, and
published in the Federal Register on
September 3, 1997 (62 FR 46517), this
rule is classified as Compatibility
Category ‘‘NRC.’’ Compatibility is not
required for Category ‘‘NRC’’
regulations. The NRC program elements
in this category are those that relate
directly to areas of regulation reserved
to the NRC by the Atomic Energy Act of
1954, as amended, or the provisions of
10 CFR. Although an Agreement State
may not adopt program elements
reserved to the NRC, it may wish to
inform its licensees of certain
requirements via a mechanism that is
consistent with the particular State’s
administrative procedure laws, but does
not confer regulatory authority on the
State.
VII. 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).
VIII. Environmental Assessment and
Finding of No Significant
Environmental Impact
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A. The Action
The action is to amend 10 CFR 72.214
to revise the NAC MAGNASTOR® Cask
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 6 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 and, therefore, an
environmental impact statement is not
required. The NRC has made a finding
of no significant impact on the basis of
this environmental assessment.
B. The Need for the Action
This direct final rule amends the CoC
for the NAC MAGNASTOR® Cask
System design within the list of
approved spent fuel storage casks that
power reactor licensees can use to store
spent fuel at reactor sites under a
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general license. Specifically,
Amendment No. 6 revises NAC–
MAGNASTOR TSs to align with the
NAC–MPC and NAC–UMS TSs. The
CoC No. 1031 TSs require that a
program be established and maintained
for loading, unloading, and preparing
fuel for storage without any indication
of duration for the program.
Amendment No. 6 limits maintenance
of this program until all spent fuel is
removed from the spent fuel pool and
transport operations are completed.
Related training and radiation
protection program requirements are
modified accordingly. Additionally,
Amendment No. 6 incorporates the
change to LCO 3.1.1 previously
approved by the NRC in CoC No. 1031
Amendment No. 4.
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. 6 tiers off of the
environmental assessment for the July
18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act.
The NAC MAGNASTOR® Cask
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,
fire, explosions, and other incidents.
Considering the specific design
requirements for each accident
condition, the design of the cask would
prevent loss of confinement, 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 change in design or
fabrication of the cask. There are no
changes to cask design requirements in
the proposed CoC amendment. In
addition, because there are no design or
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69661
significant process changes, any
resulting occupational exposure or
offsite dose rates from the
implementation of Amendment No. 6
would remain well within the 10 CFR
part 20 limits. Therefore, the proposed
CoC changes will not result in any
radiological or non-radiological
environmental impacts that 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 revisions in the
amounts of any effluent released, no
significant increase in the individual or
cumulative radiation exposure and no
significant increase in the potential for
or consequences from radiological
accidents. The NRC staff documented its
safety findings in a PSER.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 6 and
end the direct final rule. Consequently,
any 10 CFR part 72 general licensee that
seeks to load spent nuclear fuel into the
NAC MAGNASTOR® Cask System in
accordance with the changes described
in proposed Amendment No. 6 would
have to request an exemption from the
requirements of 10 CFR 72.212 and
72.214. Under this alternative, an
interested licensee would have to
prepare, and the NRC would have to
review, a separate exemption request,
thereby increasing the administrative
burden upon the NRC and the costs to
each licensee. Therefore, the
environmental impacts would be the
same or less than the action.
E. Alternative Use of Resources
Approval of Amendment No. 6 to CoC
No. 1031 would result in no irreversible
commitments of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in 10 CFR part 51. Based
on the foregoing environmental
assessment, the NRC concludes that this
direct final rule entitled, ‘‘List of
Approved Spent Fuel Storage Casks:
NAC MAGNASTOR® Cask System,
Amendment No. 6’’ will not have a
significant effect on the human
environment. Therefore, the NRC has
determined that an environmental
impact statement is not necessary for
this direct final rule.
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IX. Paperwork Reduction Act
Statement
This 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.).
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 Office of
Management and Budget control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this rule will not, if issued,
have a significant economic impact on
a substantial number of small entities.
This direct final rule affects only
nuclear power plant licensees and NAC.
These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
Act or the size standards established by
the NRC (10 CFR 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if it
notifies the NRC in advance, the spent
fuel is stored under the conditions
specified in the cask’s CoC, and the
conditions of the general license are
met. A list of NRC-approved cask
designs is contained in 10 CFR 72.214.
On November 21, 2008 (73 FR 70587),
the NRC issued an amendment to 10
CFR part 72 that approved the NAC
MAGNASTOR® Cask System design by
adding it to the list of NRC-approved
cask designs in 10 CFR 72.214.
By letter dated December 11, 2015,
NAC submitted an application to amend
the NAC MAGNASTOR® Cask System
as described in Section IV, ‘‘Discussion
of Changes,’’ of this document.
The alternative to this action is to
withhold approval of Amendment No. 6
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the NAC
MAGNASTOR® Cask System under the
changes described in Amendment No. 6
to request an exemption from the
requirements of 10 CFR 72.212 and
72.214. Under this alternative, each
interested 10 CFR part 72 licensee
would have to prepare, and the NRC
would have to review, a separate
exemption request, thereby increasing
the administrative burden upon the
NRC and the costs to each licensee.
Approval of the direct final rule is
consistent with previous NRC actions.
Further, as documented in the PSER and
the environmental assessment, the
direct final rule will have no adverse
effect on public health and safety or the
environment. This direct final rule has
no significant identifiable impact or
benefit on other Government agencies.
Based on this regulatory analysis, the
NRC concludes that the requirements of
the direct final rule are commensurate
with the NRC’s responsibilities for
public health and safety and the
common defense and security. No other
available alternative is believed to be as
satisfactory, and therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (10 CFR 72.62) does not
apply to this direct final rule. Therefore,
a backfit analysis is not required. This
direct final rule revises CoC No. 1031
for the NAC MAGNASTOR® Cask
System, as currently listed in 10 CFR
72.214, ‘‘List of approved spent fuel
storage casks.’’ Amendment No. 6
revises NAC–MAGNASTOR TSs to align
with the NAC–MPC and NAC–UMS
TSs. The CoC No. 1031 TSs require that
a program be established and
maintained for loading, unloading, and
preparing fuel for storage without any
indication of duration for the program.
Amendment No. 6 limits maintenance
of this program until all spent fuel is
removed from the spent fuel pool and
transport operations are completed.
Related training and radiation
protection program requirements are
modified accordingly. Additionally,
Amendment No. 6 incorporates the
change to LCO 3.1.1 previously
approved by the NRC in CoC No. 1031
Amendment No. 4.
Amendment No. 6 to CoC No. 1031
for the NAC MAGNASTOR® Cask
System was initiated by NAC and was
not submitted in response to new NRC
requirements, or an NRC request for
amendment. Amendment No. 6 applies
only to new casks fabricated and used
under Amendment No. 6. These changes
do not affect existing users of the NAC
MAGNASTOR® Cask System, and
Amendment Nos. 1–3, Revisions 1, as
well as Revision 1 of the Initial
Certificate, and Amendments Nos. 4–5
continue to be effective for existing
users. While current CoC users may
comply with the new requirements in
Amendment No. 6, this would be a
voluntary decision on the part of current
users. For these reasons, Amendment
No. 6 to CoC No. 1031 does not
constitute backfitting under 10 CFR
72.62, 10 CFR 50.109(a)(1), or otherwise
represent an inconsistency with the
issue finality provisions applicable to
combined licenses in 10 CFR part 52.
Accordingly, no backfit analysis or
additional documentation addressing
the issue finality criteria in 10 CFR part
52 has been prepared by the NRC staff.
XIII. 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.
XIV. Availability of Documents
The documents identified in the
following table are available to
interested persons as indicated.
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Document
ADAMS
Accession No.
NAC License Amendment Request, Letter Dated December 11, 2015 ..............................................................................................
Proposed CoC No. 1031, Amendment No. 6 ......................................................................................................................................
Proposed CoC No. 1031, Amendment No. 6—Technical Specifications, Appendix A .......................................................................
Proposed CoC No. 1031, Amendment No. 6—Technical Specifications, Appendix B .......................................................................
CoC No. 1031, Amendment No. 6—Preliminary Safety Evaluation Report ........................................................................................
ML15349A941
ML16119A101
ML16119A110
ML16119A118
ML16119A123
The NRC may post materials related
to this document, including public
comments, on the Federal rulemaking
Web site at https://www.regulations.gov
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under Docket ID NRC–2016–0137. The
Federal rulemaking Web site allows you
to receive alerts when changes or
additions occur in a docket folder. To
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subscribe: (1) Navigate to the docket
folder (NRC–2016–0137); (2) Click the
‘‘Sign up for Email Alerts’’ link; and (3)
Enter your email address and select how
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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,
Hazardous waste, Indians,
Intergovernmental relations, Manpower
training programs, Nuclear energy,
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
2. In § 72.214, Certificate of
Compliance 1031 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009, superseded by Initial
Certificate, Revision 1, on February 1,
2016.
Initial Certificate, Revision 1, Effective
Date: February 1, 2016.
Amendment Number 1 Effective Date:
August 30, 2010, superseded by
Amendment Number 1, Revision 1, on
February 1, 2016.
Amendment Number 1, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 2 Effective Date:
January 30, 2012, superseded by
18:29 Oct 06, 2016
Jkt 241001
Glenn M. Tracy,
Acting Executive Director for Operations.
BILLING CODE 7590–01–P
Authority: Atomic Energy Act of 1954,
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, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
VerDate Sep<11>2014
Dated at Rockville, Maryland, this 23rd day
of September, 2016.
For the Nuclear Regulatory Commission.
[FR Doc. 2016–24317 Filed 10–6–16; 8:45 am]
1. The authority citation for part 72
continues to read as follows:
■
*
Amendment Number 2, Revision 1, on
February 1, 2016.
Amendment Number 2, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 3 Effective Date:
July 25, 2013, superseded by
Amendment Number 3, Revision 1, on
February 1, 2016.
Amendment Number 3, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 4 Effective Date:
April 14, 2015.
Amendment Number 5 Effective Date:
June 29, 2015.
Amendment Number 6 Effective Date:
December 21, 2016.
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®.
*
*
*
*
*
FARM CREDIT ADMINISTRATION
12 CFR Parts 600, 602, 603, and 606
69663
2016 (81 FR 47691) is effective October
7, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael T. Wilson, Policy Analyst,
Office of Regulatory Policy, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4124, TTY
(703) 883–4056,
or
Autumn Agans, Attorney-Advisor,
Office of General Counsel, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4020, TTY
(703) 883–4056.
SUPPLEMENTARY INFORMATION: The Farm
Credit Administration amended our
regulations to reflect changes to the
FCA’s organizational structure and
correct the zip code for the field office
located in Irving, TX. In addition,
references in our regulations to various
FCA offices, which have changed, have
been revised. We also re-ordered the list
of FCA offices into a more logical
progression that is consistent with
FCA’s organizational chart. In
accordance with 12 U.S.C. 2252, the
effective date of the final rule is no
earlier than 30 days from the date of
publication in the Federal Register
during which either or both Houses of
Congress are in session. Based on the
records of the sessions of Congress, the
effective date of the regulations is
October 7, 2016.
(12 U.S.C. 2252(a)(9) and (10))
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
RIN 3052–AD17
FCA Organization; Updates and
Technical Corrections
Farm Credit Administration.
Notice of effective date.
[FR Doc. 2016–24313 Filed 10–6–16; 8:45 am]
BILLING CODE 6705–01–P
AGENCY:
ACTION:
The Farm Credit
Administration (FCA, we, Agency or
our) amended our regulations to reflect
changes to the FCA’s organizational
structure and correct the zip code for
the field office located in Irving, TX. In
addition, references in our regulations
to various FCA offices, which have
changed, have been revised. We also reordered the list of FCA offices into a
more logical progression that is
consistent with FCA’s organizational
chart. In accordance with the law, the
effective date of the rule is no earlier
than 30 days from the date of
publication in the Federal Register
during which either or both Houses of
Congress are in session.
DATES: Effective Date: Under the
authority of 12 U.S.C. 2252, the
regulation amending 12 CFR parts 600,
602, 603, and 606 published on July 22,
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. FAA–2016–9224; Special
Conditions No. 23–277–SC]
Special Conditions: Beechcraft, Model
A36, Bonanza Airplanes; as Modified
by Avionics Design Services, Ltd.;
Installation of Rechargeable Lithium
Battery
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Beechcraft, Model A36,
Bonanza airplane. This airplane, as
modified by Avionics Design Services,
Ltd., will have a novel or unusual
SUMMARY:
E:\FR\FM\07OCR1.SGM
07OCR1
Agencies
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69659-69663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24317]
========================================================================
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. 81, No. 195 / Friday, October 7, 2016 / Rules
and Regulations
[[Page 69659]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2016-0137]
RIN 3150-AJ77
List of Approved Spent Fuel Storage Casks: NAC International
MAGNASTOR[supreg] Cask System; Certificate of Compliance No. 1031,
Amendment No. 6
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the NAC International (NAC),
MAGNASTOR[supreg] Cask System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 6 to Certificate of
Compliance (CoC) No. 1031. Amendment No. 6 revises NAC-MAGNASTOR
technical specifications (TSs) to align with the NAC Multi-Purpose
Canister (MPC) and NAC Universal MPC System (UMS) TSs. The CoC No. 1031
TSs require that a program be established and maintained for loading,
unloading, and preparing fuel for storage without any indication of
duration for the program. Amendment No. 6 limits maintenance of this
program until all spent fuel is removed from the spent fuel pool and
transport operations are completed. Related training and radiation
protection program requirements are modified accordingly. Additionally,
Amendment No. 6 incorporates the change to Limiting Condition for
Operation (LCO) 3.1.1 previously approved by the NRC in CoC No. 1031
Amendment No. 4.
DATES: The direct final rule is effective December 21, 2016, unless
significant adverse comments are received by November 7, 2016. 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 Commission is able to ensure consideration only for
comments received on or before this date. Comments received on this
direct final rule will also be considered to be comments on a companion
proposed rule published in the Proposed Rules section of this issue of
the Federal Register.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0137. 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: Keith McDaniel, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-5252 or email:
Keith.McDaniel@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2016-0137 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-2016-0137.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain 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-2016-0137 in 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.
[[Page 69660]]
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 rule is limited to the changes contained in Amendment No. 6 to
CoC No. 1031 and does not include other aspects of the NAC
MAGNASTOR[supreg] Cask System design. The NRC is using the ``direct
final rule procedure'' to issue this amendment because it represents a
limited and routine change to an existing CoC that is expected to be
noncontroversial. Adequate protection of public health and safety
continues to be ensured. The amendment to the rule will become
effective on December 21, 2016. However, if the NRC receives
significant adverse comments on this direct final rule by November 7,
2016, then the NRC will publish a document that withdraws this action
and will subsequently address the comments received in a final rule as
a response to the companion proposed rule published in the Proposed
Rule section of this issue of the Federal Register.
Absent significant modifications to the proposed revisions
requiring republication, the NRC will not initiate a second comment
period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule, CoC, or TSs.
For detailed instructions on filing comments, please see the
companion proposed rule published in the Proposed Rule 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
MAGNASTOR[supreg] Cask System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as CoC No. 1031.
IV. Discussion of Changes
By letter dated December 11, 2015, NAC submitted a request to the
NRC to amend CoC No. 1031. As documented in the Preliminary Safety
Evaluation Report (PSER) and described further below, the NRC staff
performed a detailed safety evaluation of the proposed CoC Amendment 6
request. This direct final rule revises the NAC MAGNASTOR[supreg] Cask
System listing in 10 CFR 72.214 by adding Amendment No. 6 to CoC No.
1031. The amendment consists of the changes described below, as set
forth in the revised CoC and TSs. The revised TSs are identified in the
PSER.
Amendment No. 6 revises NAC-MAGNASTOR TSs to align with the NAC-MPC
and NAC-UMS TSs. The CoC No. 1031 TSs currently require that a program
be established and maintained for loading, unloading, and preparing
fuel for storage without any indication of duration for the program.
Amendment No. 6 clarifies the applicability of TS requirements
depending on the status of operations, limiting maintenance of certain
programs until all spent fuel is removed from the spent fuel pool and
transport operations are completed. Additionally, Amendment No. 6
incorporates the change to LCO 3.1.1 that was previously reviewed and
approved by the NRC in Amendment No. 4. The NRC staff determined that
Amendment No. 6 does not include changes to cask design requirements
and does not reflect a change in design or fabrication of the cask. The
NRC staff found that the TS and operating limit changes do not impact
the casks ability to continue to safely store spent fuel in accordance
with part 72 requirements.
The amended NAC MAGNASTOR[supreg] Cask System design, when used
under the conditions specified in the CoC, the TSs, and the NRC's
regulations, will meet the requirements of 10 CFR part 72; therefore,
adequate protection of public health and safety will continue to be
ensured. When this direct final rule becomes effective, persons who
hold a general license under 10 CFR 72.210 may load spent nuclear fuel
into the NAC MAGNASTOR[supreg] Cask System casks that meet the criteria
of Amendment No. 6 to CoC No. 1031 under 10 CFR 72.212.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC will revise
the NAC MAGNASTOR[supreg] Cask System design listed in 10 CFR 72.214,
``List of approved spent fuel storage casks.'' This action does not
constitute the establishment of a standard that contains generally
applicable requirements.
[[Page 69661]]
VI. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as Compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended, or the provisions of 10 CFR. Although an Agreement
State may not adopt program elements reserved to the NRC, it may wish
to inform its licensees of certain requirements via a mechanism that is
consistent with the particular State's administrative procedure laws,
but does not confer regulatory authority on the State.
VII. 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).
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend 10 CFR 72.214 to revise the NAC
MAGNASTOR[supreg] Cask System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 6 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 and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
B. The Need for the Action
This direct final rule amends the CoC for the NAC MAGNASTOR[supreg]
Cask System design within the list of approved spent fuel storage casks
that power reactor licensees can use to store spent fuel at reactor
sites under a general license. Specifically, Amendment No. 6 revises
NAC-MAGNASTOR TSs to align with the NAC-MPC and NAC-UMS TSs. The CoC
No. 1031 TSs require that a program be established and maintained for
loading, unloading, and preparing fuel for storage without any
indication of duration for the program. Amendment No. 6 limits
maintenance of this program until all spent fuel is removed from the
spent fuel pool and transport operations are completed. Related
training and radiation protection program requirements are modified
accordingly. Additionally, Amendment No. 6 incorporates the change to
LCO 3.1.1 previously approved by the NRC in CoC No. 1031 Amendment No.
4.
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. 6 tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act.
The NAC MAGNASTOR[supreg] Cask 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, fire, explosions, and other incidents.
Considering the specific design requirements for each accident
condition, the design of the cask would prevent loss of confinement,
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 change in design or
fabrication of the cask. There are no changes to cask design
requirements in the proposed CoC amendment. In addition, because there
are no design or significant process changes, any resulting
occupational exposure or offsite dose rates from the implementation of
Amendment No. 6 would remain well within the 10 CFR part 20 limits.
Therefore, the proposed CoC changes will not result in any radiological
or non-radiological environmental impacts that 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 revisions in the amounts of any
effluent released, no significant increase in the individual or
cumulative radiation exposure and no significant increase in the
potential for or consequences from radiological accidents. The NRC
staff documented its safety findings in a PSER.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
6 and end the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the NAC
MAGNASTOR[supreg] Cask System in accordance with the changes described
in proposed Amendment No. 6 would have to request an exemption from the
requirements of 10 CFR 72.212 and 72.214. Under this alternative, an
interested licensee would have to prepare, and the NRC would have to
review, a separate exemption request, thereby increasing the
administrative burden upon the NRC and the costs to each licensee.
Therefore, the environmental impacts would be the same or less than the
action.
E. Alternative Use of Resources
Approval of Amendment No. 6 to CoC No. 1031 would result in no
irreversible commitments of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in 10 CFR part 51. Based on the foregoing
environmental assessment, the NRC concludes that this direct final rule
entitled, ``List of Approved Spent Fuel Storage Casks: NAC
MAGNASTOR[supreg] Cask System, Amendment No. 6'' will not have a
significant effect on the human environment. Therefore, the NRC has
determined that an environmental impact statement is not necessary for
this direct final rule.
[[Page 69662]]
IX. Paperwork Reduction Act Statement
This 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.).
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
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this rule will not, if issued, have a significant
economic impact on a substantial number of small entities. This direct
final rule affects only nuclear power plant licensees and NAC. These
entities do not fall within the scope of the definition of small
entities set forth in the Regulatory Flexibility Act or the size
standards established by the NRC (10 CFR 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if it notifies the NRC in advance, the spent fuel is
stored under the conditions specified in the cask's CoC, and the
conditions of the general license are met. A list of NRC-approved cask
designs is contained in 10 CFR 72.214. On November 21, 2008 (73 FR
70587), the NRC issued an amendment to 10 CFR part 72 that approved the
NAC MAGNASTOR[supreg] Cask System design by adding it to the list of
NRC-approved cask designs in 10 CFR 72.214.
By letter dated December 11, 2015, NAC submitted an application to
amend the NAC MAGNASTOR[supreg] Cask System as described in Section IV,
``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 6 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the NAC MAGNASTOR[supreg] Cask System
under the changes described in Amendment No. 6 to request an exemption
from the requirements of 10 CFR 72.212 and 72.214. Under this
alternative, each interested 10 CFR part 72 licensee would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee.
Approval of the direct final rule is consistent with previous NRC
actions. Further, as documented in the PSER and the environmental
assessment, the direct final rule will have no adverse effect on public
health and safety or the environment. This direct final rule has no
significant identifiable impact or benefit on other Government
agencies. Based on this regulatory analysis, the NRC concludes that the
requirements of the direct final rule are commensurate with the NRC's
responsibilities for public health and safety and the common defense
and security. No other available alternative is believed to be as
satisfactory, and therefore, this action is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (10 CFR 72.62) does
not apply to this direct final rule. Therefore, a backfit analysis is
not required. This direct final rule revises CoC No. 1031 for the NAC
MAGNASTOR[supreg] Cask System, as currently listed in 10 CFR 72.214,
``List of approved spent fuel storage casks.'' Amendment No. 6 revises
NAC-MAGNASTOR TSs to align with the NAC-MPC and NAC-UMS TSs. The CoC
No. 1031 TSs require that a program be established and maintained for
loading, unloading, and preparing fuel for storage without any
indication of duration for the program. Amendment No. 6 limits
maintenance of this program until all spent fuel is removed from the
spent fuel pool and transport operations are completed. Related
training and radiation protection program requirements are modified
accordingly. Additionally, Amendment No. 6 incorporates the change to
LCO 3.1.1 previously approved by the NRC in CoC No. 1031 Amendment No.
4.
Amendment No. 6 to CoC No. 1031 for the NAC MAGNASTOR[supreg] Cask
System was initiated by NAC and was not submitted in response to new
NRC requirements, or an NRC request for amendment. Amendment No. 6
applies only to new casks fabricated and used under Amendment No. 6.
These changes do not affect existing users of the NAC MAGNASTOR[supreg]
Cask System, and Amendment Nos. 1-3, Revisions 1, as well as Revision 1
of the Initial Certificate, and Amendments Nos. 4-5 continue to be
effective for existing users. While current CoC users may comply with
the new requirements in Amendment No. 6, this would be a voluntary
decision on the part of current users. For these reasons, Amendment No.
6 to CoC No. 1031 does not constitute backfitting under 10 CFR 72.62,
10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the
issue finality provisions applicable to combined licenses in 10 CFR
part 52. Accordingly, no backfit analysis or additional documentation
addressing the issue finality criteria in 10 CFR part 52 has been
prepared by the NRC staff.
XIII. 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.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
NAC License Amendment Request, Letter ML15349A941
Dated December 11, 2015.
Proposed CoC No. 1031, Amendment No. 6... ML16119A101
Proposed CoC No. 1031, Amendment No. 6-- ML16119A110
Technical Specifications, Appendix A.
Proposed CoC No. 1031, Amendment No. 6-- ML16119A118
Technical Specifications, Appendix B.
CoC No. 1031, Amendment No. 6-- ML16119A123
Preliminary Safety Evaluation Report.
------------------------------------------------------------------------
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-2016-0137. 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-2016-0137); (2) Click the ``Sign up for Email
Alerts'' link; and (3) Enter your email address and select how
[[Page 69663]]
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monthly).
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Criminal penalties,
Hazardous waste, Indians, Intergovernmental relations, Manpower
training programs, Nuclear energy, 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 of 1954, 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, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance 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, superseded by
Initial Certificate, Revision 1, on February 1, 2016.
Initial Certificate, Revision 1, Effective Date: February 1, 2016.
Amendment Number 1 Effective Date: August 30, 2010, superseded by
Amendment Number 1, Revision 1, on February 1, 2016.
Amendment Number 1, Revision 1, Effective Date: February 1, 2016.
Amendment Number 2 Effective Date: January 30, 2012, superseded by
Amendment Number 2, Revision 1, on February 1, 2016.
Amendment Number 2, Revision 1, Effective Date: February 1, 2016.
Amendment Number 3 Effective Date: July 25, 2013, superseded by
Amendment Number 3, Revision 1, on February 1, 2016.
Amendment Number 3, Revision 1, Effective Date: February 1, 2016.
Amendment Number 4 Effective Date: April 14, 2015.
Amendment Number 5 Effective Date: June 29, 2015.
Amendment Number 6 Effective Date: December 21, 2016.
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 23rd day of September, 2016.
For the Nuclear Regulatory Commission.
Glenn M. Tracy,
Acting Executive Director for Operations.
[FR Doc. 2016-24317 Filed 10-6-16; 8:45 am]
BILLING CODE 7590-01-P