List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® Cask System; Certificate of Compliance No. 1031, Amendment No. 7; Correction, 10257-10259 [2019-05238]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Rules and Regulations]
[Pages 10257-10259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05238]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2017-0008]
RIN 3150-AJ89


List of Approved Spent Fuel Storage Casks: NAC International 
MAGNASTOR[supreg] Cask System; Certificate of Compliance No. 1031, 
Amendment No. 7; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a 
direct final rule in the Federal Register on June 6, 2017, amending its 
spent fuel storage regulations by revising the NAC International 
MAGNASTOR[supreg] Cask System listing within the ``List of approved 
spent fuel storage casks'' to include Amendment No. 7 to Certificate of 
Compliance No. 1031. The direct final rule was effective on August 21, 
2017. The technical specifications for NAC International 
MAGNASTOR[supreg] Cask System, Amendment No. 7 included a minor 
editorial and non-substantive error. The purpose of this action is to 
correct the error.

DATES: This rule is effective on March 20, 2019.

ADDRESSES: Please refer to Docket ID NRC-2017-0008 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-2017-0008. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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 ``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. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in the SUPPLEMENTARY INFORMATION 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.

FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-8342; email: 
Vanessa.Cox@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC published a direct final rule in the 
Federal Register on June 6, 2017 (82 FR 25931), amending its 
regulations in part 72 of title 10 of the Code of Federal Regulations 
(10 CFR) by revising the ``List of approved spent fuel storage casks'' 
to add Amendment No. 7 to Certificate of Compliance No. 1031 for

[[Page 10258]]

the NAC International MAGNASTOR[supreg] Cask System listing. The direct 
final rule was effective on August 21, 2017 (82 FR 37511). The final 
rule inadvertently omitted a relevant reference to applicable 
procedures in the technical specifications.
    On December 14, 2018, the NRC received a request from NAC to 
correct a minor editorial and non-substantive error in Appendix A, 
``Technical Specifications and Design Features for the MAGNASTOR 
System,'' of Certificate of Compliance No. 1031, Amendment No. 7 (ADAMS 
Accession No. ML18352A886). NAC requested that a sentence in Technical 
Specifications Appendix A, Section 5.2(e) be corrected to include an 
omitted reference to applicable procedures in Section 9.4.1. 
Specifically, NAC said the revised sentence should state ``. . . the 
vent port and drain port shall be verified in accordance with 
procedures in Section 9.1.1 [MAGNASTOR[supreg] Transfer Cask (MTC)] or 
9.4.1 [Passive MAGNASTOR[supreg] Transfer Cask (PMTC)].''
    Amendment No. 7 provided for a new PMTC. In its application for 
Amendment No. 7, NAC International submitted a new set of operating 
procedures for the PMTC located in Section 9.4.1, ``Loading and Closing 
the [Transportable Storage Canister (TSC)] Using PMTC'' (ADAMS 
Accession No. ML15225A478). These procedures are separate and distinct 
from the procedures in Section 9.1.1, ``Loading and Closing the TSC 
Using Standard MTC'' (ADAMS Accession No. ML17293A428). The two 
procedures require licensees to ``[p]erform visual and [dye penetrant 
(PT)] examinations.'' The standard MTC is the original transfer cask 
authorized for use in the initial certificate of compliance (ADAMS 
Accession No. ML090350509). Prior to Amendment No. 7, the safety 
analysis report and the technical specifications referred to the 
authorized transfer cask as the ``transfer cask,'' since there was no 
need to make a distinction between two different transfer casks.
    In issuing Amendment No. 7 to Certificate of Compliance No. 1031 
for the MAGNASTOR[supreg] storage cask, the NRC authorized licensees to 
use the PMTC and its associated changes to the technical 
specifications, in addition to the previously authorized MTC cask. 
However, Appendix A, Section 5.2.e of the technical specifications for 
Amendment No. 7 inadvertently omitted the reference to PMTC procedures 
in Section 9.4.1 and instead only referenced MTC procedures in Section 
9.1.1. Sections 9.1.1 and 9.4.1 require the same ``visual and PT 
examinations.'' NRC staff previously reviewed and approved the ``visual 
and PT examinations'' when it approved the MAGNASTOR[supreg] storage 
cask (ADAMS Accession No. ML090350589). Further, NRC staff reviewed and 
approved the inspection and testing procedures, including the use of 
``visual and PT examinations'' with regard to the PMTC, when it 
evaluated Amendment No. 7 (ADAMS Accession No. ML17013A513). Adding a 
reference to the applicable PMTC procedures to one sentence in the 
technical specifications is a minor editorial correction and would not 
change the substantive responsibilities of any person or entity 
regulated by the NRC.
    The NRC is correcting the omission by adding the reference to 
Section 9.4.1 in the technical specifications for Amendment No. 7 in 
Appendix A, Section 5.2.e for the PMTC. The NRC is also revising 
Amendment No. 7 to Certificate of Compliance No. 1031 of the NAC 
International MAGNASTOR[supreg] Cask System listing within 10 CFR 
72.214 to note the correction.

Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC 
finds good cause to waive notice and opportunity for comment on the 
amendment because it will have no substantive impact and is of a minor 
and administrative nature dealing with a correction to a CFR section 
related only to management, organization, procedure, and practice. This 
amendment does not require action by any person or entity regulated by 
the NRC. Also, the final rule does not change the substantive 
responsibilities of any person or entity regulated by the NRC. 
Accordingly, for the reasons stated in this document, the NRC finds, 
pursuant to 5 U.S.C. 553(d)(3), that good cause exists to make this 
rule effective upon publication.

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, Spent fuel, Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is making 
the following correcting amendment to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.


0
2. In Sec.  72.214, Certificate of Compliance 1031 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1031.
    Initial Certificate Effective Date: February 4, 2009, superseded by 
Initial Certificate, Revision 1, on February 1, 2016.
    Initial Certificate, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 1 Effective Date: August 30, 2010, superseded by 
Amendment Number 1, Revision 1, on February 1, 2016.
    Amendment Number 1, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 2 Effective Date: January 30, 2012, superseded by 
Amendment Number 2, Revision 1, on February 1, 2016.
    Amendment Number 2, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 3 Effective Date: July 25, 2013, superseded by 
Amendment Number 3, Revision 1, on February 1, 2016.
    Amendment Number 3, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 4 Effective Date: April 14, 2015.
    Amendment Number 5 Effective Date: June 29, 2015.
    Amendment Number 6 Effective Date: December 21, 2016.
    Amendment Number 7 Effective Date: August 21, 2017, as corrected 
(ADAMS Accession No. ML19045A346).

[[Page 10259]]

    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg] 
System.
    Docket Number: 72-1031.
    Certificate Expiration Date: February 4, 2029.
    Model Number: MAGNASTOR[supreg].
* * * * *

    Dated at Rockville, Maryland, this 14th day of March, 2019.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of 
Rulemaking, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-05238 Filed 3-19-19; 8:45 am]
 BILLING CODE 7590-01-P