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]

Download as PDF 53159 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 daltland on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:28 Oct 19, 2018 Jkt 247001 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 If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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 http://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: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 http://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 http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. 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:// E:\FR\FM\22OCR1.SGM 22OCR1 53160 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations 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. daltland on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 16:28 Oct 19, 2018 Jkt 247001 (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, PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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 E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations 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). daltland on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 16:28 Oct 19, 2018 Jkt 247001 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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. E:\FR\FM\22OCR1.SGM 22OCR1 53162 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations 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). daltland on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 16:28 Oct 19, 2018 Jkt 247001 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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. E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations 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 http://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]



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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. 

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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 http://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 http://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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [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 http://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