List of Approved Spent Fuel Storage Casks: NAC International Multi-Purpose Canister Storage System, Certificate of Compliance No. 1025, Amendment Nos. 7 and 8, 64729-64734 [2018-27284]
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Rules and Regulations
Federal Register
Vol. 83, No. 242
Tuesday, December 18, 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–2018–0220]
RIN 3150–AK17
List of Approved Spent Fuel Storage
Casks: NAC International MultiPurpose Canister Storage System,
Certificate of Compliance No. 1025,
Amendment Nos. 7 and 8
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 MultiPurpose Canister (NAC–MPC) Storage
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment Nos. 7 and 8 to
Certificate of Compliance No. 1025.
Amendment No. 7 revises the technical
specifications to eliminate the
requirements for the heat removal
system to be operable for La Crosse
Boiling Water Reactor spent fuel stored
in the NAC–MPC because convective
cooling is not required, and to eliminate
duplicative requirements. In addition,
Amendment No. 8 removes duplicative
surveillance requirements in the
technical specifications because these
requirements are already required by the
revised Technical Specification A 3.1.6,
‘‘CONCRETE CASK Heat Removal
System.’’
SUMMARY:
This direct final rule is effective
March 4, 2019, unless significant
adverse comments are received by
January 17, 2019. 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is withdrawn as a result of such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 (FR). Comments
received after this date will be
considered if it is practical to do so, but
the NRC is able to ensure consideration
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DATES:
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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 FR.
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–2018–0220. 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 Gregory R.
Trussell, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–6244; email: Gregory.Trussell@
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. Discussion of Changes
V. Voluntary Consensus Standards
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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–
0220 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–2018–0220.
• 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–
0220 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
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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 Nos.
7 and 8 to Certificate of Compliance No.
1025 and does not include other aspects
of the NAC–MPC Storage System
design. The NRC is using the ‘‘direct
final rule procedure’’ to issue these
amendments because they represent
limited and routine changes to an
existing certificate that are expected to
be noncontroversial. Adequate
protection of public health and safety
continues to be ensured. The
amendments to the rule will become
effective on March 4, 2019. However, if
the NRC receives significant adverse
comments on this direct final rule by
January 17, 2019, 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 FR. Absent
significant modifications to the
proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC staff
to reevaluate (or reconsider) its position
or conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC staff.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
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(3) The comment causes the NRC staff
to make a change (other than editorial)
to the rule, Certificate of Compliance, or
technical specifications.
For detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rule section of this issue of
the FR.
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
March 9, 2000 (65 FR 12444), that
approved the NAC–MPC Cask System
design and added it to the list of NRCapproved cask designs in § 72.214 as
Certificate of Compliance No. 1025.
IV. Discussion of Changes
On November 14, 2017, as
supplemented on February 12, 2018,
NAC International submitted a request
to the NRC to amend Certificate of
Compliance No. 1025 by adding
Amendment No. 7. On February 28,
2018, NAC International also submitted
a request to amend Certificate of
Compliance No. 1025 by adding
Amendment No. 8. These two requests
are included in this rulemaking.
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Amendment No. 7 revises the
technical specifications to:
• Modify the definition for
OPERABLE under Technical
Specification A 1.1, ‘‘Definitions,’’ by
deleting the reference to Multi Purpose
Canister—La Crosse Boiling Water
Reactor (MPC LACBWR).
• Revise the note under ACTIONS of
Technical Specification Limiting
Condition for Operation (LCO) 3.1.6
under Technical Specification A 3.1.6,
‘‘CONCRETE CASK Heat Removal
System,’’ to clarify that LCO 3.1.6 is not
applicable to the MPC–LACBWR
CANISTER.
• Revise SURVEILLANCE under
Surveillance Requirement (SR) 3.1.6.1
by deleting ‘‘and the MPC LACBWR
CANISTER.’’ Further, add a footnote to
SR 3.1.6.1 stating, ‘‘SR 3.1.6.1 is not
applicable to the MPC LACBWR
CANISTER. Convective cooling is not
required for the MPC–LACBWR
CANISTER.’’
• Revise Technical Specification A
5.3 under A 5.0, ‘‘ADMINISTRATIVE
CONTROLS AND PROGRAMS,’’ to
delete the requirement for a response
surveillance following off normal,
accident, or natural phenomena events
since the response surveillance is, in
principle, covered by existing technical
specification surveillance requirements
and frequencies.
This amendment also revises the
technical specifications to ensure they
are consistent with the applicant’s
proposed change for the decay heat in
its revised thermal evaluation, and
makes an editorial change in Technical
Specification 3.1.2 to ensure
consistency.
Amendment No. 8 revises the
technical specifications to:
• Revise Technical Specification No.
A 3.1.6, ‘‘CONCRETE CASK Heat
Removal System’’ to change Condition
A from ‘‘LCO not met’’ to ‘‘CONCRETE
CASK Heat Removal System
inoperable.’’
• Add new LCO REQUIRED ACTION
A.1 ‘‘Ensure adequate heat removal to
prevent exceeding short-term
temperature limits with an Immediate
COMPLETION TIME,’’ and renumber
old A.1 to A.2 ‘‘Restore CONCRETE
CASK Heat Removal System to
OPERABLE status.’’
• Revise renumbered LCO REQUIRED
ACTION A.2 COMPLETION TIME from
8 hours to 25 days under Technical
Specification A 3.1.6.
• Revise Technical Specification A
3.1.6 CONDITION B from ‘‘Required
Action and associated Completion Time
not met’’ to ‘‘Required Action A.1 or A.2
and associated Completion Time not
met.’’
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• Delete Technical Specification A
3.1.6 LCO REQUIRED ACTION B.1,
‘‘Perform SR 3.1.6.1,’’ and renumber old
B.2.1 and B.2.2 to B.1 and B.2,
respectively.
• Revise renumbered LCO REQUIRED
ACTIONS B.1 and B.2 COMPLETION
TIMES from 12 hours to 5 days under
Technical Specification A 3.1.6.
• Revise Technical Specification A
3.2.2, ‘‘CONCRETE CASK Average
Surface Dose Rates,’’ APPLICABILITY
from ‘‘Prior to or at the beginning of
STORAGE OPERATIONS’’ to ‘‘Prior to
STORAGE OPERATIONS.’’
• Delete Technical Specification A
5.3, ‘‘Surveillance After an Off-Normal,
Accident, or Natural Phenomena
Event,’’ in its entirety as response
surveillance is, in principle, covered by
existing technical specification
surveillance requirements and
frequencies.
As documented in the preliminary
safety evaluation reports, the NRC
performed a safety review of each
proposed Certificate of Compliance
amendment request. For Amendment
No. 7, with reduced heat load the
convective heat flow in the annulus
between the canister and concrete cask
does not need to work in order for the
storage cask and spent fuel to remain
below their respective maximum
operating temperatures. For
Amendment No. 8, the surveillance
requirements in Technical Specification
A 5.3, ‘‘Surveillance After an OffNormal, Accident, or Natural
Phenomena Event’’ can be deleted
because these requirements can be
achieved with the revised Technical
Specification A 3.1.6, ‘‘CONCRETE
CASK Heat Removal System’’ by
ensuring the heat removal capability.
There are no significant changes to cask
design requirements in the proposed
amendments. 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. These amendments do 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 Nos. 7
and 8 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–MPC Storage System listing in
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§ 72.214 by adding Amendment Nos. 7
and 8 to Certificate of Compliance No.
1025. These amendments consist of the
changes previously described, as set
forth in the revised certificate and
technical specifications. The revised
technical specifications are identified in
the preliminary safety evaluation
reports.
The amended NAC–MPC Storage
System design, when used under the
conditions specified in the Certificate of
Compliance, technical specifications,
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 load
spent nuclear fuel into NAC–MPC
Storage System casks that meet the
criteria of Amendment Nos. 7 and 8 to
Certificate of Compliance No. 1025
under § 72.212.
V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC will revise the NAC–MPC Storage
System design listed in § 72.214, ‘‘List
of approved spent fuel storage casks.’’
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 FR 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.
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64731
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 § 72.214 to
revise the NAC–MPC Storage System
listing within the ‘‘List of approved
spent fuel storage casks’’ to include
Amendment Nos. 7 and 8 to Certificate
of Compliance No. 1025. Amendment
No. 7 revises the technical
specifications to eliminate the
requirements for the heat removal
system to be operable for La Crosse
Boiling Water Reactor spent fuel and to
eliminate duplicative requirements. In
addition, Amendment No. 8 removes
surveillance requirements in the
technical specifications because these
requirements are already required by the
revised Technical Specification A 3.1.6,
‘‘CONCRETE CASK Heat Removal
System.’’
B. The Need for the Action
This direct final rule adds an
amended Certificate of Compliance for
the NAC–MPC Storage System design to
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. 7 revises the technical
specifications to eliminate the
requirements for the heat removal
system to be operable for La Crosse
Boiling Water Reactor spent fuel and to
eliminate duplicative requirements as
described in Section IV, ‘‘Discussion of
Changes,’’ of this document. In addition,
Amendment No. 8 removes surveillance
requirements in the technical
specifications because these
requirements already are required by the
revised Technical Specification A 3.1.6,
‘‘CONCRETE CASK Heat Removal
System.’’
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
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assessment for the 1990 final rule. The
environmental assessment for
Amendment Nos. 7 and 8 tier off of the
environmental assessment for the July
18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The NAC–MPC 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
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
Considering the specific design
requirements for each accident
condition, the design of the cask would
prevent loss of confinement, shielding,
and criticality control 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 Nos. 7 and 8 would remain
well within the 10 CFR part 20 limits.
Therefore, the proposed changes will
not result in any radiological or nonradiological environmental impacts that
significantly differ from the
environmental impacts evaluated in the
environmental assessment supporting
the July 18, 1990, final rule. There will
be no significant change in the types or
significant revisions in the amounts of
any effluent released, no significant
increase in the individual or cumulative
radiation exposure, and no significant
increase in the potential for or
consequences from radiological
accidents. The staff documented its
safety findings in the preliminary safety
evaluation reports.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment Nos. 7
and 8 and end the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to either load
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spent nuclear fuel into the NAC–MPC
Storage System or utilize the technical
specifications, which reduces the
burden on surveillance for storage of La
Crosse Boiling Water Reactor spent fuel
and other general licensees, in
accordance with the changes described
in proposed Amendment Nos. 7 and 8
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 would be the
same, or more likely greater than, the
proposed action.
E. Alternative Use of Resources
Approval of Amendment Nos. 7 and
8 to Certificate of Compliance No. 1025
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 environmental
assessment.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in the National
Environmental Policy Act of 1969, as
amended, and the NRC’s regulations in
subpart A of 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions.’’ Based on the
foregoing environmental assessment, the
NRC concludes that this direct final rule
entitled ‘‘List of Approved Spent Fuel
Storage Casks: NAC International MultiPurpose Canister Storage System,
Certificate of Compliance No. 1025,
Amendment Nos. 7 and 8,’’ 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.
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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).
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 Certificate of
Compliance, and the conditions of the
general license are met. A list of NRCapproved cask designs is contained in
§ 72.214. On March 9, 2000 (65 FR
12444), the NRC issued an amendment
to 10 CFR part 72 that approved the
NAC–MPC Storage System design by
adding it to the list of NRC-approved
cask designs in § 72.214.
On November 14, 2017, as
supplemented on February 12, 2018,
NAC International submitted a request
to the NRC to amend Certificate of
Compliance No. 1025 by adding
Amendment No. 7. On February 28,
2018, NAC International also submitted
a request to amend Certificate of
Compliance No. 1025 by adding
Amendment No. 8. The NAC
International submitted these
applications to amend the NAC–MPC
Storage System as described in Section
IV, ‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment Nos.
7 and 8 and to require any 10 CFR part
72 general licensee seeking to load spent
nuclear fuel into NAC–MPC Storage
Systems under the changes described in
Amendment Nos. 7 and 8 to request an
exemption from the requirements of
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§§ 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
preliminary safety evaluation reports
and environmental assessment, 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
backfit rule (10 CFR 72.62) does not
apply to this direct final rule. Therefore,
a backfit analysis is not required. This
direct final rule revises Certificate of
Compliance No. 1025 for the NAC–MPC
Storage System, as currently listed in
§ 72.214, ‘‘List of approved spent fuel
storage casks.’’ The revision consists of
Amendment Nos. 7 and 8, which revise
the technical specifications to eliminate
the requirements for the heat removal
system to be operable for La Crosse
Boiling Water Reactor spent fuel and to
eliminate duplicative requirements and
removes surveillance requirements in
the technical specifications because
these requirements are already required
by the revised Technical Specification A
3.1.6, ‘‘CONCRETE CASK Heat Removal
System.’’
Amendment Nos. 7 and 8 to
Certificate of Compliance No. 1025 for
the NAC–MPC Storage System were
initiated by NAC International and were
not submitted in response to new NRC
requirements, or an NRC request for
amendment. Amendment Nos. 7 and 8
apply only to new casks fabricated and
used under Amendment Nos. 7 and 8.
These changes do not affect existing
users of the NAC–MPC Storage System,
and the current Amendment No. 6
continues to be effective for existing
users. While current users of this storage
system may comply with the new
requirements in Amendment Nos. 7 and
8, this would be a voluntary decision on
the part of current users.
For these reasons, Amendment Nos. 7
and 8 to Certificate of Compliance No.
1025 do 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 staff 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.
ADAMS
Accession No./
web link/
Federal Register
citation
Document
Request to Amend Certificate of Compliance No. 1025 for the NAC–MPC Storage System, dated November 14, 2017 .......
Request to Amend Certificate of Compliance No. 1025 for the NAC–MPC Storage System, dated February 12, 2018 .........
Request to Amend Certificate of Compliance No. 1025 for the NAC–MPC Storage System, dated February 28, 2018 .........
Proposed Certificate of Compliance No. 1025, Amendment No. 7 ............................................................................................
Proposed Technical Specification Appendices A and B for Amendment No. 7 .........................................................................
Preliminary Safety Evaluation Report for Amendment No. 7 .....................................................................................................
Proposed Certificate of Compliance No. 1025, Amendment No. 8 ............................................................................................
Proposed Technical Specification Appendices A and B for Amendment No. 8 .........................................................................
Preliminary Safety Evaluation Report for Amendment No. 8 .....................................................................................................
amozie on DSK3GDR082PROD with RULES
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–2018–0220. 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–2018–0220); (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).
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:
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
VerDate Sep<11>2014
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ML18045A440
ML18059A784
ML18255A024
ML18255A022
ML18255A026
ML18255A025
ML18255A023
ML18255A027
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),
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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance 1025 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1025.
Initial Certificate Effective Date: April
10, 2000.
Amendment Number 1 Effective Date:
November 13, 2001.
Amendment Number 2 Effective Date:
May 29, 2002.
Amendment Number 3 Effective Date:
October 1, 2003.
Amendment Number 4 Effective Date:
October 27, 2004.
Amendment Number 5 Effective Date:
July 24, 2007.
Amendment Number 6 Effective Date:
October 4, 2010.
Amendment Number 7 Effective Date:
March 4, 2019.
Amendment Number 8 Effective Date:
March 4, 2019.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the NAC Multi-Purpose
Canister System (NAC–MPC System).
Docket Number: 72–1025.
Certificate Expiration Date: April 10,
2020.
Model Number: NAC–MPC.
*
*
*
*
*
Dated at Rockville, Maryland, this 4th day
of December 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018–27284 Filed 12–17–18; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0555; Product
Identifier 2010–SW–047–AD; Amendment
39–19529; AD 2014–05–06 R1]
amozie on DSK3GDR082PROD with RULES
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters Deutschland GmbH
Helicopters (Type Certificate
Previously Held by Eurocopter
Deutschland GmbH)
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
22:34 Dec 17, 2018
Jkt 247001
We are revising Airworthiness
Directive (AD) 2014–05–06 for
Eurocopter Deutschland GmbH Model
EC135 and MBB–BK 117C–2
helicopters. AD 2014–05–06 required
repetitive inspections of the flightcontrol bearings, replacing any loose
bearings with airworthy flight-control
bearings, and installing bushings and
washers. This new AD retains the
requirements of AD 2014–05–06 but
removes the repetitive inspections. The
actions of this AD are intended to
correct an unsafe condition on these
products.
DATES: This AD is effective January 22,
2019.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of April 14, 2014 (79 FR 13196,
March 10, 2014).
ADDRESSES: For service information
identified in this final rule, contact
Airbus Helicopters, 2701 N. Forum
Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at https://
www.helicopters.airbus.com/website/
en/ref/Technical-Support_73.html. You
may view this referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region,
10101 Hillwood Pkwy, Room 6N–321,
Fort Worth, TX 76177. It is also
available on the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2013–
0555.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov in Docket No.
FAA–2013–0555; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
AD, the European Aviation Safety
Agency (EASA) AD, any incorporatedby-reference information, the economic
evaluation, any comments received, and
other information. The address for
Docket Operations (phone: 800–647–
5527) is Docket Operations, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: Matt
Fuller, Senior Aviation Safety Engineer,
Safety Management Section, Rotorcraft
Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5110; email
matthew.fuller@faa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to remove AD 2014–05–06,
Amendment 39–17779 (79 FR 13196,
March 10, 2014) (AD 2014–05–06) and
add a new AD. AD 2014–05–06 applied
to certain Eurocopter Deutschland
GmbH Model EC135 and MBB–BK
117C–2 helicopters. The NPRM was
published in the Federal Register on
June 1, 2018 (83 FR 25415). AD 2014–
05–06 required repetitive inspections of
the flight-control bearings, replacing any
loose bearings with airworthy flightcontrol bearings, and installing bushings
and washers. The NPRM proposed to
retain the requirements of AD 2014–05–
06 but remove the repetitive inspection
requirements.
AD 2014–05–06 was prompted by AD
No. 2010–0058, dated March 30, 2010
(EASA AD 2010–0058), issued by
EASA, which is the Technical Agent for
the Member States of the European
Union, to correct an unsafe condition
for Eurocopter Deutschland GmbH (now
Airbus Helicopters Deutschland GmbH)
Model EC135, EC635, and MBB–BK
117C–2 helicopters. EASA advises that
during an inspection of an MBB–BK117
C–2, ‘‘bearings were detected which had
not been correctly fixed.’’ EASA advises
that this condition, if not detected and
corrected, may cause the affected
control lever to shift in the axial
direction and contact the helicopter
structure, possibly resulting in reduced
helicopter control. As some bearings on
the EC135 and MBB–BK 117C–2
helicopter are installed with the same
procedure, they are equally affected by
the possibility of the unsafe condition,
EASA advises.
Since we published AD 2014–05–06,
EASA issued AD No. 2010–0058R1,
dated April 7, 2017, to remove the
repetitive inspections required by EASA
AD 2010–0058. EASA advises that a
review of data and feedback from inservice helicopters determined the
Airbus Helicopters modification
removes the need for repetitive
inspections. We have made a similar
determination and are issuing this AD to
remove the repetitive inspections
previously required by AD 2014–05–06.
Comments
We gave the public the opportunity to
participate in developing this AD, but
we received no comments on the NPRM.
FAA’s Determination
These helicopters have been approved
by the aviation authority of Germany
and are approved for operation in the
United States. Pursuant to our bilateral
E:\FR\FM\18DER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Rules and Regulations]
[Pages 64729-64734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27284]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 /
Rules and Regulations
[[Page 64729]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0220]
RIN 3150-AK17
List of Approved Spent Fuel Storage Casks: NAC International
Multi-Purpose Canister Storage System, Certificate of Compliance No.
1025, Amendment Nos. 7 and 8
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 Multi-
Purpose Canister (NAC-MPC) Storage System listing within the ``List of
approved spent fuel storage casks'' to include Amendment Nos. 7 and 8
to Certificate of Compliance No. 1025. Amendment No. 7 revises the
technical specifications to eliminate the requirements for the heat
removal system to be operable for La Crosse Boiling Water Reactor spent
fuel stored in the NAC-MPC because convective cooling is not required,
and to eliminate duplicative requirements. In addition, Amendment No. 8
removes duplicative surveillance requirements in the technical
specifications because these requirements are already required by the
revised Technical Specification A 3.1.6, ``CONCRETE CASK Heat Removal
System.''
DATES: This direct final rule is effective March 4, 2019, unless
significant adverse comments are received by January 17, 2019. 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
(FR). 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 FR.
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-2018-0220. 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 Gregory R. Trussell, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6244; email:
Gregory.Trussell@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. 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-2018-0220 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-2018-0220.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For
the convenience of the reader, instructions about obtaining materials
referenced in this document are provided in the ``Availability of
Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2018-0220 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
[[Page 64730]]
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 Nos. 7 and 8 to Certificate of Compliance No. 1025 and does
not include other aspects of the NAC-MPC Storage System design. The NRC
is using the ``direct final rule procedure'' to issue these amendments
because they represent limited and routine changes to an existing
certificate that are expected to be noncontroversial. Adequate
protection of public health and safety continues to be ensured. The
amendments to the rule will become effective on March 4, 2019. However,
if the NRC receives significant adverse comments on this direct final
rule by January 17, 2019, 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 FR. Absent
significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule, Certificate of Compliance, or technical
specifications.
For detailed instructions on filing comments, please see the
companion proposed rule published in the Proposed Rule section of this
issue of the FR.
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
March 9, 2000 (65 FR 12444), that approved the NAC-MPC Cask System
design and added it to the list of NRC-approved cask designs in Sec.
72.214 as Certificate of Compliance No. 1025.
IV. Discussion of Changes
On November 14, 2017, as supplemented on February 12, 2018, NAC
International submitted a request to the NRC to amend Certificate of
Compliance No. 1025 by adding Amendment No. 7. On February 28, 2018,
NAC International also submitted a request to amend Certificate of
Compliance No. 1025 by adding Amendment No. 8. These two requests are
included in this rulemaking.
Amendment No. 7 revises the technical specifications to:
Modify the definition for OPERABLE under Technical
Specification A 1.1, ``Definitions,'' by deleting the reference to
Multi Purpose Canister--La Crosse Boiling Water Reactor (MPC LACBWR).
Revise the note under ACTIONS of Technical Specification
Limiting Condition for Operation (LCO) 3.1.6 under Technical
Specification A 3.1.6, ``CONCRETE CASK Heat Removal System,'' to
clarify that LCO 3.1.6 is not applicable to the MPC-LACBWR CANISTER.
Revise SURVEILLANCE under Surveillance Requirement (SR)
3.1.6.1 by deleting ``and the MPC LACBWR CANISTER.'' Further, add a
footnote to SR 3.1.6.1 stating, ``SR 3.1.6.1 is not applicable to the
MPC LACBWR CANISTER. Convective cooling is not required for the MPC-
LACBWR CANISTER.''
Revise Technical Specification A 5.3 under A 5.0,
``ADMINISTRATIVE CONTROLS AND PROGRAMS,'' to delete the requirement for
a response surveillance following off normal, accident, or natural
phenomena events since the response surveillance is, in principle,
covered by existing technical specification surveillance requirements
and frequencies.
This amendment also revises the technical specifications to ensure
they are consistent with the applicant's proposed change for the decay
heat in its revised thermal evaluation, and makes an editorial change
in Technical Specification 3.1.2 to ensure consistency.
Amendment No. 8 revises the technical specifications to:
Revise Technical Specification No. A 3.1.6, ``CONCRETE
CASK Heat Removal System'' to change Condition A from ``LCO not met''
to ``CONCRETE CASK Heat Removal System inoperable.''
Add new LCO REQUIRED ACTION A.1 ``Ensure adequate heat
removal to prevent exceeding short-term temperature limits with an
Immediate COMPLETION TIME,'' and renumber old A.1 to A.2 ``Restore
CONCRETE CASK Heat Removal System to OPERABLE status.''
Revise renumbered LCO REQUIRED ACTION A.2 COMPLETION TIME
from 8 hours to 25 days under Technical Specification A 3.1.6.
Revise Technical Specification A 3.1.6 CONDITION B from
``Required Action and associated Completion Time not met'' to
``Required Action A.1 or A.2 and associated Completion Time not met.''
[[Page 64731]]
Delete Technical Specification A 3.1.6 LCO REQUIRED ACTION
B.1, ``Perform SR 3.1.6.1,'' and renumber old B.2.1 and B.2.2 to B.1
and B.2, respectively.
Revise renumbered LCO REQUIRED ACTIONS B.1 and B.2
COMPLETION TIMES from 12 hours to 5 days under Technical Specification
A 3.1.6.
Revise Technical Specification A 3.2.2, ``CONCRETE CASK
Average Surface Dose Rates,'' APPLICABILITY from ``Prior to or at the
beginning of STORAGE OPERATIONS'' to ``Prior to STORAGE OPERATIONS.''
Delete Technical Specification A 5.3, ``Surveillance After
an Off-Normal, Accident, or Natural Phenomena Event,'' in its entirety
as response surveillance is, in principle, covered by existing
technical specification surveillance requirements and frequencies.
As documented in the preliminary safety evaluation reports, the NRC
performed a safety review of each proposed Certificate of Compliance
amendment request. For Amendment No. 7, with reduced heat load the
convective heat flow in the annulus between the canister and concrete
cask does not need to work in order for the storage cask and spent fuel
to remain below their respective maximum operating temperatures. For
Amendment No. 8, the surveillance requirements in Technical
Specification A 5.3, ``Surveillance After an Off-Normal, Accident, or
Natural Phenomena Event'' can be deleted because these requirements can
be achieved with the revised Technical Specification A 3.1.6,
``CONCRETE CASK Heat Removal System'' by ensuring the heat removal
capability. There are no significant changes to cask design
requirements in the proposed amendments. 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. These amendments do 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 Nos. 7 and 8 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-MPC Storage System listing
in Sec. 72.214 by adding Amendment Nos. 7 and 8 to Certificate of
Compliance No. 1025. These amendments consist of the changes previously
described, as set forth in the revised certificate and technical
specifications. The revised technical specifications are identified in
the preliminary safety evaluation reports.
The amended NAC-MPC Storage System design, when used under the
conditions specified in the Certificate of Compliance, technical
specifications, 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
load spent nuclear fuel into NAC-MPC Storage System casks that meet the
criteria of Amendment Nos. 7 and 8 to Certificate of Compliance No.
1025 under Sec. 72.212.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC will revise
the NAC-MPC Storage System design listed in Sec. 72.214, ``List of
approved spent fuel storage casks.'' 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 FR 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-MPC Storage
System listing within the ``List of approved spent fuel storage casks''
to include Amendment Nos. 7 and 8 to Certificate of Compliance No.
1025. Amendment No. 7 revises the technical specifications to eliminate
the requirements for the heat removal system to be operable for La
Crosse Boiling Water Reactor spent fuel and to eliminate duplicative
requirements. In addition, Amendment No. 8 removes surveillance
requirements in the technical specifications because these requirements
are already required by the revised Technical Specification A 3.1.6,
``CONCRETE CASK Heat Removal System.''
B. The Need for the Action
This direct final rule adds an amended Certificate of Compliance
for the NAC-MPC Storage System design to 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. 7 revises the technical specifications to eliminate the
requirements for the heat removal system to be operable for La Crosse
Boiling Water Reactor spent fuel and to eliminate duplicative
requirements as described in Section IV, ``Discussion of Changes,'' of
this document. In addition, Amendment No. 8 removes surveillance
requirements in the technical specifications because these requirements
already are required by the revised Technical Specification A 3.1.6,
``CONCRETE CASK Heat Removal System.''
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
[[Page 64732]]
assessment for the 1990 final rule. The environmental assessment for
Amendment Nos. 7 and 8 tier off of the environmental assessment for the
July 18, 1990, final rule. Tiering on past environmental assessments is
a standard process under the National Environmental Policy Act of 1969,
as amended.
The NAC-MPC 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 incidents.
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 Nos. 7 and 8 would remain well within the
10 CFR part 20 limits. Therefore, the proposed changes will not result
in any radiological or non-radiological environmental impacts that
significantly differ from the environmental impacts evaluated in the
environmental assessment supporting the July 18, 1990, final rule.
There will be no significant change in the types or significant
revisions in the amounts of any effluent released, no significant
increase in the individual or cumulative radiation exposure, and no
significant increase in the potential for or consequences from
radiological accidents. The staff documented its safety findings in the
preliminary safety evaluation reports.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment
Nos. 7 and 8 and end the direct final rule. Consequently, any 10 CFR
part 72 general licensee that seeks to either load spent nuclear fuel
into the NAC-MPC Storage System or utilize the technical
specifications, which reduces the burden on surveillance for storage of
La Crosse Boiling Water Reactor spent fuel and other general licensees,
in accordance with the changes described in proposed Amendment Nos. 7
and 8 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 would be the same, or more likely greater than,
the proposed action.
E. Alternative Use of Resources
Approval of Amendment Nos. 7 and 8 to Certificate of Compliance No.
1025 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 environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule entitled
``List of Approved Spent Fuel Storage Casks: NAC International Multi-
Purpose Canister Storage System, Certificate of Compliance No. 1025,
Amendment Nos. 7 and 8,'' 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 Certificate of
Compliance, and the conditions of the general license are met. A list
of NRC-approved cask designs is contained in Sec. 72.214. On March 9,
2000 (65 FR 12444), the NRC issued an amendment to 10 CFR part 72 that
approved the NAC-MPC Storage System design by adding it to the list of
NRC-approved cask designs in Sec. 72.214.
On November 14, 2017, as supplemented on February 12, 2018, NAC
International submitted a request to the NRC to amend Certificate of
Compliance No. 1025 by adding Amendment No. 7. On February 28, 2018,
NAC International also submitted a request to amend Certificate of
Compliance No. 1025 by adding Amendment No. 8. The NAC International
submitted these applications to amend the NAC-MPC Storage System as
described in Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
Nos. 7 and 8 and to require any 10 CFR part 72 general licensee seeking
to load spent nuclear fuel into NAC-MPC Storage Systems under the
changes described in Amendment Nos. 7 and 8 to request an exemption
from the requirements of
[[Page 64733]]
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 preliminary safety evaluation
reports and environmental assessment, 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 backfit rule (10 CFR 72.62) does
not apply to this direct final rule. Therefore, a backfit analysis is
not required. This direct final rule revises Certificate of Compliance
No. 1025 for the NAC-MPC Storage System, as currently listed in Sec.
72.214, ``List of approved spent fuel storage casks.'' The revision
consists of Amendment Nos. 7 and 8, which revise the technical
specifications to eliminate the requirements for the heat removal
system to be operable for La Crosse Boiling Water Reactor spent fuel
and to eliminate duplicative requirements and removes surveillance
requirements in the technical specifications because these requirements
are already required by the revised Technical Specification A 3.1.6,
``CONCRETE CASK Heat Removal System.''
Amendment Nos. 7 and 8 to Certificate of Compliance No. 1025 for
the NAC-MPC Storage System were initiated by NAC International and were
not submitted in response to new NRC requirements, or an NRC request
for amendment. Amendment Nos. 7 and 8 apply only to new casks
fabricated and used under Amendment Nos. 7 and 8. These changes do not
affect existing users of the NAC-MPC Storage System, and the current
Amendment No. 6 continues to be effective for existing users. While
current users of this storage system may comply with the new
requirements in Amendment Nos. 7 and 8, this would be a voluntary
decision on the part of current users.
For these reasons, Amendment Nos. 7 and 8 to Certificate of
Compliance No. 1025 do 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 staff 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.
------------------------------------------------------------------------
ADAMS Accession No./ web link/
Document Federal Register citation
------------------------------------------------------------------------
Request to Amend Certificate of ML17326A128
Compliance No. 1025 for the NAC-MPC
Storage System, dated November 14,
2017.
Request to Amend Certificate of ML18045A440
Compliance No. 1025 for the NAC-MPC
Storage System, dated February 12,
2018.
Request to Amend Certificate of ML18059A784
Compliance No. 1025 for the NAC-MPC
Storage System, dated February 28,
2018.
Proposed Certificate of Compliance ML18255A024
No. 1025, Amendment No. 7.
Proposed Technical Specification ML18255A022
Appendices A and B for Amendment No.
7.
Preliminary Safety Evaluation Report ML18255A026
for Amendment No. 7.
Proposed Certificate of Compliance ML18255A025
No. 1025, Amendment No. 8.
Proposed Technical Specification ML18255A023
Appendices A and B for Amendment No.
8.
Preliminary Safety Evaluation Report ML18255A027
for Amendment No. 8.
------------------------------------------------------------------------
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-2018-0220. 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-2018-0220); (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),
[[Page 64734]]
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 1025 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1025.
Initial Certificate Effective Date: April 10, 2000.
Amendment Number 1 Effective Date: November 13, 2001.
Amendment Number 2 Effective Date: May 29, 2002.
Amendment Number 3 Effective Date: October 1, 2003.
Amendment Number 4 Effective Date: October 27, 2004.
Amendment Number 5 Effective Date: July 24, 2007.
Amendment Number 6 Effective Date: October 4, 2010.
Amendment Number 7 Effective Date: March 4, 2019.
Amendment Number 8 Effective Date: March 4, 2019.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose
Canister System (NAC-MPC System).
Docket Number: 72-1025.
Certificate Expiration Date: April 10, 2020.
Model Number: NAC-MPC.
* * * * *
Dated at Rockville, Maryland, this 4th day of December 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-27284 Filed 12-17-18; 8:45 am]
BILLING CODE 7590-01-P
