List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS®; Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 6, 53191-53193 [2018-22913]
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53191
Proposed Rules
Federal Register
Vol. 83, No. 204
Monday, October 22, 2018
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–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: Proposed rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend 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: Submit comments by November
21, 2018. Comments received after this
date will be considered if it is practical
to do so, but the NRC is able to ensure
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SUMMARY:
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consideration only for comments
received on or before this date.
I. Obtaining Information and
Submitting Comments
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.
A. Obtaining Information
ADDRESSES:
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:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents
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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://
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
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Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules
submissions available to the public or
entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC considers this action
to be non-controversial, the NRC is
publishing this proposed rule
concurrently with a direct final rule in
the Rules and Regulations section of this
issue of the Federal Register. The direct
final rule will become effective on
January 7, 2019. However, if the NRC
receives significant adverse comments
on this proposed rule by November 21,
2018, then the NRC will publish a
document that withdraws the direct
final rule. If the direct final rule is
withdrawn, the NRC will address the
comments received in response to these
proposed revisions in a subsequent final
rule. Absent significant modifications to
the proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action
in the event the direct final rule is
withdrawn.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC staff.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC staff
to make a change (other than editorial)
to the rule.
For procedural information and the
regulatory analysis, see the direct final
rule published in the Rules and
Regulations section of this issue of the
Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the Secretary
[of the Department of Energy] shall
establish a demonstration program, in
cooperation with the private sector, for
the dry storage of spent nuclear fuel at
civilian nuclear power reactor sites,
with the objective of establishing one or
more technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
NWPA states, in part, that ‘‘[the
Commission] shall, by rule, establish
procedures for the licensing of any
technology approved by the
Commission under Section 219(a) [sic:
218(a)] for use at the site of any civilian
nuclear power reactor.’’
To implement this mandate, the
Commission approved dry storage of
spent nuclear fuel in NRC-approved
casks under a general license by
publishing a final rule which added a
new subpart K in part 72 of title 10 of
the Code of Federal Regulations (10
CFR) entitled ‘‘General License for
Storage of Spent Fuel at Power Reactor
Sites’’ (55 FR 29181; July 18, 1990). This
rule also established a new subpart L in
10 CFR part 72 entitled ‘‘Approval of
Spent Fuel Storage Casks,’’ which
contains procedures and criteria for
obtaining NRC approval of spent fuel
storage cask designs. The NRC
subsequently issued a final rule on
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. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise,
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
The NRC requests comment on the
proposed rule with respect to clarity
and effectiveness of the language used.
V. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS accession
No./web link/
Federal Register
citation
Document
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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
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‘‘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,
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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 proposing to
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Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules
adopt the following amendments to 10
CFR part 72:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH–LEVEL
RADIOACTIVE WASTE, AND
REACTOR–RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act 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.
2. In § 72.214, Certificate of
Compliance 1015 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
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*
*
*
*
*
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. 2018–22913 Filed 10–19–18; 8:45 am]
BILLING CODE 7590–01–P
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14 CFR Part 25
[Docket No. FAA–2017–0240; Notice No. 25–
18–04–SC]
Special Conditions: Gulfstream
Aerospace Corporation Model GVII–
G500 Airplanes; Airbag Systems on
Multiple-Place and Single-Place SideFacing Seats
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed amended
special conditions.
AGENCY:
This action proposes
amended special conditions for the
Gulfstream Aerospace Corporation
(Gulfstream) Model GVII–G500 airplane.
This amendment changes an error in a
reference to a special conditions number
and adds one special condition. This
airplane will have a novel or unusual
design feature when compared to the
state of technology envisioned in the
airworthiness standards for transportcategory airplanes. This design feature
is airbag systems on multiple-place and
single-place side-facing seats. 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.
DATES: Send comments on or before
November 21, 2018.
ADDRESSES: Send comments identified
by Docket No. FAA–2017–0240 using
any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
SUMMARY:
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53193
including any personal information the
commenter provides. Using the search
function of the docket website, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478).
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Alan Sinclair, Airframe and Cabin
Safety Section, AIR–675, Transport
Standards Branch, Policy and
Innovation Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3215.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the proposed special
conditions, explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On March 29, 2012, Gulfstream
Aerospace Corporation applied for a
type certificate for their new Model
GVII–G500 airplane. The Model GVII–
G500 airplane will be a twin-engine,
transport-category, business jet capable
of accommodating up to 19 passengers.
The Model GVII–G500 airplane will
have a maximum takeoff weight of
76,850 lbs.
The FAA issued ‘‘final special
conditions, request for comments’’ for
airbag systems on multiple-place and
single-place side-facing seats installed
in Gulfstream Model GVII–G500
airplanes, on June 8, 2017. The special
conditions were published in the
Federal Register on June 19, 2017 (82
FR 27771). This notice of proposed
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]]>Agencies
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Proposed Rules]
[Pages 53191-53193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22913]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 /
Proposed Rules
[[Page 53191]]
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend 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: Submit comments by November 21, 2018. 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.
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. Plain Writing
V. 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 https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment
[[Page 53192]]
submissions available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently with a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on January 7,
2019. However, if the NRC receives significant adverse comments on this
proposed rule by November 21, 2018, then the NRC will publish a
document that withdraws the direct final rule. If the direct final rule
is withdrawn, the NRC will address the comments received in response to
these proposed revisions in a subsequent final rule. Absent significant
modifications to the proposed revisions requiring republication, the
NRC will not initiate a second comment period on this action in the
event the direct final rule is withdrawn.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule.
For procedural information and the regulatory analysis, see the
direct final rule published in the Rules and Regulations section of
this issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the Department of Energy]
shall establish a demonstration program, in cooperation with the
private sector, for the dry storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the objective of establishing one or
more technologies that the [Nuclear Regulatory] Commission may, by
rule, approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the NWPA
states, in part, that ``[the Commission] shall, by rule, establish
procedures for the licensing of any technology approved by the
Commission under Section 219(a) [sic: 218(a)] for use at the site of
any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule which added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
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. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, well-organized manner.
The NRC has written this document to be consistent with the Plain
Writing Act as well as the Presidential Memorandum, ``Plain Language in
Government Writing,'' published June 10, 1998 (63 FR 31883). The NRC
requests comment on the proposed rule with respect to clarity and
effectiveness of the language used.
V. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS accession No./web link/
Document Federal Register citation
------------------------------------------------------------------------
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 ML18088A178
Specifications.
Appendix B--Preliminary Safety ML18088A181
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 proposing to
[[Page 53193]]
adopt the following amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act 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. 2018-22913 Filed 10-19-18; 8:45 am]
BILLING CODE 7590-01-P
