List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS® Universal Storage System, Certificate of Compliance; No. 1015, Amendment No. 6, 53159-53163 [2018-22912]
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Rules and Regulations
Federal Register
Vol. 83, No. 204
Monday, October 22, 2018
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2018–0075]
RIN 3150–AK12
List of Approved Spent Fuel Storage
Casks: NAC International NAC–UMS®
Universal Storage System, Certificate
of Compliance; No. 1015, 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–
UMS® listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 6 to Certificate
of Compliance (CoC) No. 1015.
Amendment No. 6 revises the CoC’s
technical specifications (TSs) to:
Remove a redundant requirement for
inspection of the concrete cask and
canister; revise a limiting condition of
operation (LCO) for heat removal to
clarify that ‘‘LCO not met’’ means that
the concrete heat removal system is
inoperable; remove an inspection
requirement that is already covered by
LCO surveillance requirements for offnormal, accident, or natural
phenomenon events; and clarify that
‘‘immediate’’ restoration of a concrete
cask’s heat removal capabilities means
‘‘within the design-basis time limit’’ in
Section 11.2.13 of the Final Safety
Analysis Report (FSAR), ‘‘or within the
time limit for a less than design-basis
heat load case, as evaluated.’’
Amendment No. 6 also clarifies that an
LCO for loaded cask surface dose rates
applies prior to storage conditions,
when dose rates will be highest.
DATES: This direct final rule is effective
January 7, 2019, unless significant
adverse comments are received by
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SUMMARY:
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November 21, 2018. If this direct final
rule is withdrawn as a result of such
comments, timely notice of the
withdrawal will be published in the
Federal Register. Comments received
after this date will be considered if it is
practical to do so, but the NRC 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0075. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals 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:
Bernard H. White, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6577; email:
Bernard.White@nrc.gov or Robert D.
MacDougall, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–5175; email: Robert.MacDougall@
nrc.gov. Both are staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
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–2018–
0075 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0075.
• 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–2018–
0075 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://
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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.
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II. Rulemaking Procedure
This direct final rule is limited to the
changes contained in Amendment No. 6
to CoC No. 1015 and does not include
other aspects of the NAC–UMS®
Universal Storage System design. The
NRC is using the ‘‘direct final rule
procedure’’ to issue this amendment
because it represents a limited and
routine change to an existing CoC that
is expected to be noncontroversial.
Adequate protection of public health
and safety continues to be ensured. The
amendment to the rule will become
effective on January 7, 2019. However,
if the NRC receives significant adverse
comments on this direct final rule by
November 21, 2018, 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 Rules
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 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
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(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC.
(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 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 Rules 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 [U.S. Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[the
Commission] shall, by rule, establish
procedures for the licensing of any
technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule that 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 October 19, 2000 (65 FR
62581), that approved the NAC–UMS®
Universal Storage System design and
added it to the list of NRC-approved
cask designs provided in § 72.214 as
CoC No. 1015.
IV. Discussion of Changes
On May 23, 2017, NAC International
submitted a request to the NRC to
amend CoC No. 1015. NAC International
supplemented its request on January 16,
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2018. Amendment No. 6 revises the
CoC’s TSs to: (1) Remove a redundant
requirement for inspection of the
concrete cask and canister; (2) revise an
LCO for heat removal to clarify that
‘‘LCO not met’’ means that the concrete
heat removal system is inoperable; (3)
remove an inspection requirement that
is already covered by LCO surveillance
requirements for off-normal, accident, or
natural phenomenon events; (4) clarify
that ‘‘immediate’’ restoration of a
concrete cask’s heat removal capabilities
means ‘‘within the design-basis time
limit’’ in Section 11.2.13 of the FSAR,
‘‘or within the time limit for a less than
design-basis heat load case, as
evaluated’’; and (5) clarify that an LCO
for loaded cask surface dose rates
applies prior to storage conditions,
when dose rates will be highest.
As documented in the preliminary
safety evaluation report (PSER), the NRC
performed a safety review of the
proposed CoC amendment request.
There are no significant changes to cask
design requirements in the proposed
CoC amendment. Considering the
specific design requirements for each
accident condition, the design of the
cask would prevent loss of containment,
shielding, and criticality control in the
event of an accident. This amendment
does not reflect a significant change in
design or fabrication of the cask. In
addition, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 6
would remain well within the 10 CFR
part 20 limits. There will be no
significant change in the types or
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.
This direct final rule revises the
NAC–UMS® System listing in § 72.214
by adding Amendment No. 6 to CoC No.
1015. The amendment consists of the
changes previously described, as set
forth in the revised CoC and TSs. The
revised TSs are identified and evaluated
in the PSER.
The amended NAC–UMS® cask
design, when used under the conditions
specified in the CoC, the TSs, and the
NRC’s regulations, will meet the
requirements of 10 CFR part 72;
therefore, adequate protection of public
health and safety will continue to be
ensured. When this direct final rule
becomes effective, persons who hold a
general license under § 72.210 may,
consistent with the license conditions
under § 72.212, load spent nuclear fuel
into those NAC–UMS® Universal
Storage System casks that meet the
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criteria of Amendment No. 6 to CoC No.
1015.
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–UMS®
Universal Storage System design listed
in § 72.214. This action does not
constitute the establishment of a
standard that contains generally
applicable requirements.
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, and the Category
‘‘NRC’’ does not confer regulatory
authority on the State, the State may
wish to inform its licensees of certain
requirements by means consistent with
the particular State’s administrative
procedure laws.
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).
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VIII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend § 72.214 to
revise the NAC International NAC–
UMS® Universal Storage System listing
of casks that power reactor licensees can
use for dry storage of spent fuel at
reactor sites under a general license.
This direct final rule amends the listing
to add Amendment No. 6 to CoC No.
1015. Specifically, Amendment No. 6
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revises the CoC’s TSs to: (1) Remove a
redundant requirement for inspection of
the concrete cask and canister; (2) revise
an LCO for heat removal to clarify that
‘‘LCO not met’’ means that the concrete
heat removal system is inoperable; (3)
remove an inspection requirement that
is already covered by LCO surveillance
requirements for off-normal, accident, or
natural phenomenon events; (4) clarify
that ‘‘immediate’’ restoration of a
concrete cask’s heat removal capabilities
means ‘‘within the design-basis time
limit’’ in Section 11.2.13 of the FSAR,
‘‘or within the time limit for a less than
design-basis heat load case, as
evaluated’’; and (5) clarify that an LCO
for loaded cask surface dose rates
applies prior to storage conditions,
when dose rates will be highest.
B. The Need for the Action
This direct final rule amends the CoC
for the NAC–UMS® Universal Storage
System design within the list of
approved spent fuel storage casks that
power reactor licensees can use to store
spent fuel at reactor sites under a
general license. Specifically,
Amendment No. 6 clarifies and removes
redundancies in requirements for the
use of the NAC–UMS® Universal
Storage System. The amendment
facilitates the dry cask storage of spent
fuel that might otherwise have to be
stored in the affected power reactors’
spent fuel storage pools.
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 (EA) for the 1990 final rule.
The EA for this Amendment No. 6 tiers
off of the EA for the July 18, 1990, final
rule. Tiering off past EAs is a standard
process under the National
Environmental Policy Act of 1969, as
amended (NEPA).
NAC–UMS® Universal Storage
Systems are designed to mitigate the
effects of design basis accidents that
could occur during storage. Design basis
accidents account for human-induced
events and the most severe natural
phenomena reported for the site and
surrounding area. Postulated accidents
analyzed for an independent spent fuel
storage installation, the type of facility
at which a holder of a power reactor
operating license would store spent fuel
in casks in accordance with 10 CFR part
72, include tornado winds and tornadogenerated missiles, a design basis
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53161
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other events.
Considering the specific design
requirements for each accident
condition, the design of the cask would
prevent loss of confinement, shielding,
and criticality control in the event of an
accident. If there is no loss of
confinement, shielding, or criticality
control, the environmental impacts
resulting from an accident would be
insignificant. This amendment does not
reflect a significant change in design or
fabrication of the cask. Because there are
no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 6
would remain well within 10 CFR part
20 limits. Therefore, the proposed CoC
changes will not result in any
radiological or non-radiological
environmental impacts that significantly
differ from the environmental impacts
evaluated in the EA supporting the July
18, 1990, final rule. There will be no
significant change in the types or
amounts of any effluent released, no
significant increase in individual or
cumulative radiation exposures, and no
significant increase in the potential for
or consequences of radiological
accidents. The NRC 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
NAC International NAC–UMS®
Universal Storage Systems in
accordance with the changes described
in proposed Amendment No. 6 would
have to request an exemption from the
requirements of §§ 72.212 and 72.214.
Under this alternative, interested
licensees would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee. Therefore, the environmental
impacts of the alternative action would
be the same as, or more likely greater
than, the preferred action.
E. Alternative Use of Resources
Approval of Amendment No. 6 to CoC
No. 1015 would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this EA.
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G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in NEPA, and the NRC’s
regulations in subpart A of 10 CFR part
51, ‘‘Environmental Protection
Regulations for Domestic Licensing and
Related Regulatory Functions.’’ Based
on the foregoing EA, the NRC concludes
that this direct final rule entitled, ‘‘List
of Approved Spent Fuel Storage Casks:
NAC International NAC–UMS®
Universal Storage System, Certificate of
Compliance No. 1015, 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.
IX. Paperwork Reduction Act
Statement
This direct final rule does not contain
any new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget
(OMB), approval number 3150–0132.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and NAC International.
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 (§ 2.810).
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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
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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 § 72.214. On
October 19, 2000 (65 FR 62581), the
NRC issued an amendment to 10 CFR
part 72 that approved the NAC–UMS®
Universal Storage System design by
adding it to the list of NRC-approved
cask designs in § 72.214.
On May 23, 2017, and as
supplemented on January 16, 2018,
NAC International submitted an
application to amend the NAC–UMS®
Universal Storage 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 NAC International
NAC–UMS® Universal Storage Systems
under the changes described in
Amendment No. 6 to request an
exemption from the requirements of
§§ 72.212 and 72.214. Under this
alternative, each interested 10 CFR part
72 licensee would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the PSER and
EA, this 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 this 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
actions in this direct final rule do not
require a backfit analysis because they
either do not fall within the definition
of backfitting under § 72.62 or
§ 50.109(a)(1), or they do not impact any
general licensees currently using these
systems. Additionally, the actions in
this direct final rule do not impact issue
finality provisions applicable to
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combined licenses under 10 CFR part
52.
This direct final rule revises CoC No.
1015 for the NAC International NAC–
UMS® Universal Storage System, as
currently listed in § 72.214. The revision
consists of Amendment No. 6, which
revises the CoC’s TSs to: (1) Remove a
redundant requirement for inspection of
the concrete cask and canister; (2) revise
an LCO for heat removal to clarify that
‘‘LCO not met’’ means that the concrete
heat removal system is inoperable; (3)
remove an inspection requirement that
is already covered by LCO surveillance
requirements for off-normal, accident, or
natural phenomenon events; (4) clarify
that ‘‘immediate’’ restoration of a
concrete cask’s heat removal capabilities
means ‘‘within the design-basis time
limit’’ in Section 11.2.13 of the FSAR,
‘‘or within the time limit for a less than
design-basis heat load case, as
evaluated’’; and (5) clarify that an LCO
for loaded cask surface dose rates
applies prior to storage conditions,
when dose rates will be highest.
Amendment No. 6 to CoC No. 1015
for the NAC International NAC–UMS®
Universal Storage System was initiated
by NAC International 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
International NAC–UMS® Universal
Storage System, and the current
Amendment No. 5 continues 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. 1015 does not constitute
backfitting under § 72.62 or
§ 50.109(a)(1), or otherwise represent an
inconsistency with the issue finality
provisions applicable to combined
licenses in 10 CFR part 52. Accordingly,
the NRC has not prepared a backfit
analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
XIV. 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.
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ADAMS accession
No./web link/
Federal Register
citation
Document
Request to Amend Certificate of Compliance No. 1015 for the NAC–UMS® Cask System, dated May 23, 2017 ....................
Revision of Request to Amend Certificate of Compliance No. 1015 for the NAC–UMS® Cask System, dated January 16,
2018.
Revision 11 to NAC–UMS® Final Safety Analysis Report for the UMS Universal Storage System ..........................................
Proposed CoC No. 1015, Amendment No. 6 ..............................................................................................................................
Proposed Technical Specifications, Appendix A .........................................................................................................................
Proposed Technical Specifications, Appendix B .........................................................................................................................
Preliminary Safety Evaluation Report ..........................................................................................................................................
The NRC may post materials related
to this document, including public
comments, on the Federal Rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2018–0075. The
Federal Rulemaking website allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2018–0075); (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, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures,
Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH–LEVEL
RADIOACTIVE WASTE, AND
REACTOR–RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
daltland on DSKBBV9HB2PROD with RULES
■
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,
VerDate Sep<11>2014
16:28 Oct 19, 2018
Jkt 247001
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance 1015 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1015.
Initial Certificate Effective Date:
November 20, 2000.
Amendment Number 1 Effective Date:
February 20, 2001.
Amendment Number 2 Effective Date:
December 31, 2001.
Amendment Number 3 Effective Date:
March 31, 2004.
Amendment Number 4 Effective Date:
October 11, 2005.
Amendment Number 5 Effective Date:
January 12, 2009.
Amendment Number 6 Effective Date:
January 7, 2019.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the NAC–UMS Universal
Storage System.
Docket Number: 72–1015.
Certificate Expiration Date: November
20, 2020.
Model Number: NAC–UMS.
*
*
*
*
*
Dated at Rockville, Maryland, this 9th day
of October 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018–22912 Filed 10–19–18; 8:45 am]
BILLING CODE 7590–01–P
PO 00000
53163
ML17145A380
ML18018A893
ML16341B102
ML18088A174
ML18088A176
ML18088A178
ML18088A181
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2016–4136; Special
Conditions No. 25–621B–SC]
Special Conditions: The Boeing
Company (Boeing), Model 777 Series
Airplanes; Dynamic Test Requirements
for Single Occupant Oblique Seats,
With or Without Airbag Devices or 3Point Restraints
Federal Aviation
Administration (FAA), DOT.
AGENCY:
Amended final special
conditions; request for comments.
ACTION:
These amended special
conditions are issued for the Boeing
Model 777 series airplanes. These
special conditions are for oblique (sidefacing) seats, installed in Boeing Model
777 series airplanes, at an angle of 18 to
45 degrees to the airplane centerline and
which may include a 3-point or airbag
restraint system, or both, for occupant
restraint and injury protection. This
amendment adds a note and one special
condition to the Special Conditions
section. This airplane will have novel or
unusual design features when compared
to the state of technology envisioned in
the airworthiness standards for
transport category airplanes. These
design features are oblique (side-facing)
single-occupant passenger seats
equipped with or without airbag devices
or 3-point restraints. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
SUMMARY:
This action is effective on The
Boeing Company on October 22, 2018.
Send comments on or before December
6, 2018.
DATES:
Frm 00005
Fmt 4700
Sfmt 4700
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Rules and Regulations]
[Pages 53159-53163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22912]
========================================================================
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.
========================================================================
Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 /
Rules and Regulations
[[Page 53159]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0075]
RIN 3150-AK12
List of Approved Spent Fuel Storage Casks: NAC International NAC-
UMS[supreg] Universal Storage System, Certificate of Compliance; No.
1015, 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-
UMS[supreg] listing within the ``List of approved spent fuel storage
casks'' to include Amendment No. 6 to Certificate of Compliance (CoC)
No. 1015. Amendment No. 6 revises the CoC's technical specifications
(TSs) to: Remove a redundant requirement for inspection of the concrete
cask and canister; revise a limiting condition of operation (LCO) for
heat removal to clarify that ``LCO not met'' means that the concrete
heat removal system is inoperable; remove an inspection requirement
that is already covered by LCO surveillance requirements for off-
normal, accident, or natural phenomenon events; and clarify that
``immediate'' restoration of a concrete cask's heat removal
capabilities means ``within the design-basis time limit'' in Section
11.2.13 of the Final Safety Analysis Report (FSAR), ``or within the
time limit for a less than design-basis heat load case, as evaluated.''
Amendment No. 6 also clarifies that an LCO for loaded cask surface dose
rates applies prior to storage conditions, when dose rates will be
highest.
DATES: This direct final rule is effective January 7, 2019, unless
significant adverse comments are received by November 21, 2018. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0075. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. 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: Bernard H. White, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6577; email:
[email protected] or Robert D. MacDougall, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-5175; email:
[email protected]. Both are staff of the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
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-2018-0075 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0075.
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 [email protected]. 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-2018-0075 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 http:/
/
[[Page 53160]]
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. Rulemaking Procedure
This direct final rule is limited to the changes contained in
Amendment No. 6 to CoC No. 1015 and does not include other aspects of
the NAC-UMS[supreg] Universal Storage System design. The NRC is using
the ``direct final rule procedure'' to issue this amendment because it
represents a limited and routine change to an existing CoC that is
expected to be noncontroversial. Adequate protection of public health
and safety continues to be ensured. The amendment to the rule will
become effective on January 7, 2019. However, if the NRC receives
significant adverse comments on this direct final rule by November 21,
2018, 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
Rules 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 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.
(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 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 Rules 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 [U.S. Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the NWPA
states, in part, that ``[the Commission] shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 219(a) [sic: 218(a)] for use at the site of
any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule that 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
October 19, 2000 (65 FR 62581), that approved the NAC-UMS[supreg]
Universal Storage System design and added it to the list of NRC-
approved cask designs provided in Sec. 72.214 as CoC No. 1015.
IV. Discussion of Changes
On May 23, 2017, NAC International submitted a request to the NRC
to amend CoC No. 1015. NAC International supplemented its request on
January 16, 2018. Amendment No. 6 revises the CoC's TSs to: (1) Remove
a redundant requirement for inspection of the concrete cask and
canister; (2) revise an LCO for heat removal to clarify that ``LCO not
met'' means that the concrete heat removal system is inoperable; (3)
remove an inspection requirement that is already covered by LCO
surveillance requirements for off-normal, accident, or natural
phenomenon events; (4) clarify that ``immediate'' restoration of a
concrete cask's heat removal capabilities means ``within the design-
basis time limit'' in Section 11.2.13 of the FSAR, ``or within the time
limit for a less than design-basis heat load case, as evaluated''; and
(5) clarify that an LCO for loaded cask surface dose rates applies
prior to storage conditions, when dose rates will be highest.
As documented in the preliminary safety evaluation report (PSER),
the NRC performed a safety review of the proposed CoC amendment
request. There are no significant changes to cask design requirements
in the proposed CoC amendment. Considering the specific design
requirements for each accident condition, the design of the cask would
prevent loss of containment, shielding, and criticality control in the
event of an accident. This amendment does not reflect a significant
change in design or fabrication of the cask. In addition, any resulting
occupational exposure or offsite dose rates from the implementation of
Amendment No. 6 would remain well within the 10 CFR part 20 limits.
There will be no significant change in the types or 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.
This direct final rule revises the NAC-UMS[supreg] System listing
in Sec. 72.214 by adding Amendment No. 6 to CoC No. 1015. The
amendment consists of the changes previously described, as set forth in
the revised CoC and TSs. The revised TSs are identified and evaluated
in the PSER.
The amended NAC-UMS[supreg] cask design, when used under the
conditions specified in the CoC, the TSs, and the NRC's regulations,
will meet the requirements of 10 CFR part 72; therefore, adequate
protection of public health and safety will continue to be ensured.
When this direct final rule becomes effective, persons who hold a
general license under Sec. 72.210 may, consistent with the license
conditions under Sec. 72.212, load spent nuclear fuel into those NAC-
UMS[supreg] Universal Storage System casks that meet the
[[Page 53161]]
criteria of Amendment No. 6 to CoC No. 1015.
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-UMS[supreg] Universal Storage System design listed in Sec.
72.214. This action does not constitute the establishment of a standard
that contains generally applicable requirements.
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, and the
Category ``NRC'' does not confer regulatory authority on the State, the
State may wish to inform its licensees of certain requirements by means
consistent with the particular State's administrative procedure laws.
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 Sec. 72.214 to revise the NAC International
NAC-UMS[supreg] Universal Storage System listing of casks that power
reactor licensees can use for dry storage of spent fuel at reactor
sites under a general license. This direct final rule amends the
listing to add Amendment No. 6 to CoC No. 1015. Specifically, Amendment
No. 6 revises the CoC's TSs to: (1) Remove a redundant requirement for
inspection of the concrete cask and canister; (2) revise an LCO for
heat removal to clarify that ``LCO not met'' means that the concrete
heat removal system is inoperable; (3) remove an inspection requirement
that is already covered by LCO surveillance requirements for off-
normal, accident, or natural phenomenon events; (4) clarify that
``immediate'' restoration of a concrete cask's heat removal
capabilities means ``within the design-basis time limit'' in Section
11.2.13 of the FSAR, ``or within the time limit for a less than design-
basis heat load case, as evaluated''; and (5) clarify that an LCO for
loaded cask surface dose rates applies prior to storage conditions,
when dose rates will be highest.
B. The Need for the Action
This direct final rule amends the CoC for the NAC-UMS[supreg]
Universal Storage System design within the list of approved spent fuel
storage casks that power reactor licensees can use to store spent fuel
at reactor sites under a general license. Specifically, Amendment No. 6
clarifies and removes redundancies in requirements for the use of the
NAC-UMS[supreg] Universal Storage System. The amendment facilitates the
dry cask storage of spent fuel that might otherwise have to be stored
in the affected power reactors' spent fuel storage pools.
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 (EA) for the 1990 final rule.
The EA for this Amendment No. 6 tiers off of the EA for the July 18,
1990, final rule. Tiering off past EAs is a standard process under the
National Environmental Policy Act of 1969, as amended (NEPA).
NAC-UMS[supreg] Universal Storage Systems are designed to mitigate
the effects of design basis accidents that could occur during storage.
Design basis accidents account for human-induced events and the most
severe natural phenomena reported for the site and surrounding area.
Postulated accidents analyzed for an independent spent fuel storage
installation, the type of facility at which a holder of a power reactor
operating license would store spent fuel in casks in accordance with 10
CFR part 72, include tornado winds and tornado-generated missiles, a
design basis earthquake, a design basis flood, an accidental cask drop,
lightning effects, fire, explosions, and other events.
Considering the specific design requirements for each accident
condition, the design of the cask would prevent loss of confinement,
shielding, and criticality control in the event of an accident. If
there is no loss of confinement, shielding, or criticality control, the
environmental impacts resulting from an accident would be
insignificant. This amendment does not reflect a significant change in
design or fabrication of the cask. Because there are no significant
design or process changes, any resulting occupational exposure or
offsite dose rates from the implementation of Amendment No. 6 would
remain well within 10 CFR part 20 limits. Therefore, the proposed CoC
changes will not result in any radiological or non-radiological
environmental impacts that significantly differ from the environmental
impacts evaluated in the EA supporting the July 18, 1990, final rule.
There will be no significant change in the types or amounts of any
effluent released, no significant increase in individual or cumulative
radiation exposures, and no significant increase in the potential for
or consequences of radiological accidents. The NRC 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 NAC
International NAC-UMS[supreg] Universal Storage Systems in accordance
with the changes described in proposed Amendment No. 6 would have to
request an exemption from the requirements of Sec. Sec. 72.212 and
72.214. Under this alternative, interested licensees would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee. Therefore, the environmental impacts of the
alternative action would be the same as, or more likely greater than,
the preferred action.
E. Alternative Use of Resources
Approval of Amendment No. 6 to CoC No. 1015 would result in no
irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this EA.
[[Page 53162]]
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in NEPA, and the NRC's regulations in subpart A of 10
CFR part 51, ``Environmental Protection Regulations for Domestic
Licensing and Related Regulatory Functions.'' Based on the foregoing
EA, the NRC concludes that this direct final rule entitled, ``List of
Approved Spent Fuel Storage Casks: NAC International NAC-UMS[supreg]
Universal Storage System, Certificate of Compliance No. 1015, 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.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget (OMB), approval number
3150-0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
NAC International. 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 (Sec. 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 Sec. 72.214. On October 19, 2000 (65 FR
62581), the NRC issued an amendment to 10 CFR part 72 that approved the
NAC-UMS[supreg] Universal Storage System design by adding it to the
list of NRC-approved cask designs in Sec. 72.214.
On May 23, 2017, and as supplemented on January 16, 2018, NAC
International submitted an application to amend the NAC-UMS[supreg]
Universal Storage 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 NAC International NAC-UMS[supreg]
Universal Storage Systems under the changes described in Amendment No.
6 to request an exemption from the requirements of Sec. Sec. 72.212
and 72.214. Under this alternative, each interested 10 CFR part 72
licensee would have to prepare, and the NRC would have to review, a
separate exemption request, thereby increasing the administrative
burden upon the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the PSER and EA, this 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 this
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 actions in this direct final rule
do not require a backfit analysis because they either do not fall
within the definition of backfitting under Sec. 72.62 or Sec.
50.109(a)(1), or they do not impact any general licensees currently
using these systems. Additionally, the actions in this direct final
rule do not impact issue finality provisions applicable to combined
licenses under 10 CFR part 52.
This direct final rule revises CoC No. 1015 for the NAC
International NAC-UMS[supreg] Universal Storage System, as currently
listed in Sec. 72.214. The revision consists of Amendment No. 6, which
revises the CoC's TSs to: (1) Remove a redundant requirement for
inspection of the concrete cask and canister; (2) revise an LCO for
heat removal to clarify that ``LCO not met'' means that the concrete
heat removal system is inoperable; (3) remove an inspection requirement
that is already covered by LCO surveillance requirements for off-
normal, accident, or natural phenomenon events; (4) clarify that
``immediate'' restoration of a concrete cask's heat removal
capabilities means ``within the design-basis time limit'' in Section
11.2.13 of the FSAR, ``or within the time limit for a less than design-
basis heat load case, as evaluated''; and (5) clarify that an LCO for
loaded cask surface dose rates applies prior to storage conditions,
when dose rates will be highest.
Amendment No. 6 to CoC No. 1015 for the NAC International NAC-
UMS[supreg] Universal Storage System was initiated by NAC International
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 International NAC-UMS[supreg] Universal
Storage System, and the current Amendment No. 5 continues 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. 1015 does not
constitute backfitting under Sec. 72.62 or Sec. 50.109(a)(1), or
otherwise represent an inconsistency with the issue finality provisions
applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC
has not prepared a backfit analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XIV. 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.
[[Page 53163]]
------------------------------------------------------------------------
ADAMS accession No./web link/
Document Federal Register citation
------------------------------------------------------------------------
Request to Amend Certificate of ML17145A380
Compliance No. 1015 for the NAC-
UMS[supreg] Cask System, dated May
23, 2017.
Revision of Request to Amend ML18018A893
Certificate of Compliance No. 1015
for the NAC-UMS[supreg] Cask System,
dated January 16, 2018.
Revision 11 to NAC-UMS[supreg] Final ML16341B102
Safety Analysis Report for the UMS
Universal Storage System.
Proposed CoC No. 1015, Amendment No. 6 ML18088A174
Proposed Technical Specifications, ML18088A176
Appendix A.
Proposed Technical Specifications, ML18088A178
Appendix B.
Preliminary Safety Evaluation Report.. ML18088A181
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2018-0075. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2018-0075); (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, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, 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 1015 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000.
Amendment Number 1 Effective Date: February 20, 2001.
Amendment Number 2 Effective Date: December 31, 2001.
Amendment Number 3 Effective Date: March 31, 2004.
Amendment Number 4 Effective Date: October 11, 2005.
Amendment Number 5 Effective Date: January 12, 2009.
Amendment Number 6 Effective Date: January 7, 2019.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC-UMS Universal
Storage System.
Docket Number: 72-1015.
Certificate Expiration Date: November 20, 2020.
Model Number: NAC-UMS.
* * * * *
Dated at Rockville, Maryland, this 9th day of October 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-22912 Filed 10-19-18; 8:45 am]
BILLING CODE 7590-01-P
