List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS® Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 7, 21687-21691 [2019-10017]
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Rules and Regulations
Federal Register
Vol. 84, No. 94
Wednesday, May 15, 2019
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–2019–0070]
RIN 3150–AK33
List of Approved Spent Fuel Storage
Casks: NAC International NAC–UMS®
Universal Storage System, Certificate
of Compliance No. 1015, Amendment
No. 7
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International NAC–
UMS® Universal Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 7 to Certificate of Compliance No.
1015. Amendment No. 7 revises the
surveillance requirements for technical
specifications A3.1.6.1 and A3.1.6.2 to
ensure that adequate monitoring of the
concrete cask heat removal system is
performed. Amendment No. 7 also
revises the basis for technical
specification A3.1.6 to clarify that the
surveillance requirements for technical
specification A3.1.6 require a minimum
of two outlet air temperature
measurements to provide an average
outlet temperature.
DATES: This direct final rule is effective
July 29, 2019, unless significant adverse
comments are received by June 14,
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withdrawn as a result of such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. 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
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SUMMARY:
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comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0070. 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 Victoria V.
Huckabay, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–5183; email: Victoria.Huckabay@
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
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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–2019–
0070 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–2019–0070.
• 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
‘‘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–2019–
0070 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.
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Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
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II. Rulemaking Procedure
This rule is limited to the changes
contained in Amendment No. 7 to
Certificate of Compliance No. 1015 and
does not include other aspects of the
NAC–UMS® Universal Storage System
design. The NRC is using the direct final
rule procedure to issue this amendment
because it represents a limited and
routine change to an existing certificate
of compliance that is expected to be
noncontroversial. Adequate protection
of public health and safety continues to
be ensured. The amendment to the rule
will become effective on July 29, 2019.
However, if the NRC receives significant
adverse comments on this direct final
rule by June 14, 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 Federal
Register. Absent significant
modifications to the proposed revisions
requiring republication, the NRC will
not initiate a second comment period on
this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC to
reevaluate (or reconsider) its position or
conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC to
make a change (other than editorial) to
the rule, certificate of compliance, or
technical specifications.
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For detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rules section of this issue of
the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended,
requires that ‘‘[t]he 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
Nuclear Waste Policy Act states, in part,
that ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under section [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, that approved the
NAC–UMS® Universal Storage System
design and added it to the list of NRCapproved cask designs in § 72.214 as
Certificate of Compliance No. 1015 (65
FR 62581).
IV. Discussion of Changes
On September 18, 2018, NAC
International submitted a request to the
NRC to amend Certificate of Compliance
No. 1015. Amendment No. 7 revises the
surveillance requirements for technical
specifications A3.1.6.1 and A3.1.6.2 to
ensure that adequate monitoring of the
concrete cask heat removal system is
performed. Amendment No. 7 also
revises the basis for technical
specification A3.1.6 to clarify that the
surveillance requirements for technical
specification A3.1.6 require a minimum
of two outlet air temperature
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measurements to provide an average
outlet temperature.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety review of the
proposed certificate of compliance
amendment request. There are no
significant changes to cask design
requirements in the proposed certificate
of compliance amendment. Considering
the specific design requirements for
each accident condition, the design of
the cask would prevent loss of
containment, shielding, and criticality
control in the event of an accident. This
amendment does not reflect a significant
change in the design or fabrication of
the cask. In addition, any resulting
occupational exposure or offsite dose
rates from the implementation of
Amendment No. 7 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
International NAC–UMS® Universal
Storage System listing in § 72.214 by
adding Amendment No. 7 to Certificate
of Compliance No. 1015. The
amendment consists of the changes
previously described, as set forth in the
revised certificate of compliance and
technical specifications. The revised
technical specifications are identified in
the preliminary safety analysis report.
The amended NAC International
NAC–UMS® Universal Storage System
design, when used under the conditions
specified in the certificate of
compliance, the 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–UMS® Universal Storage
System casks that meet the criteria of
Amendment No. 7 to Certificate of
Compliance No. 1015 under § 72.214.
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 revises the NAC International
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NAC–UMS® Universal 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.
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
the Commission on June 30, 1997, and
published in the Federal Register on
September 3, 1997 (62 FR 46517), this
rule is classified as Compatibility
Category ‘‘NRC.’’ Compatibility is not
required for Category ‘‘NRC’’
regulations. The NRC program elements
in this category are those that relate
directly to areas of regulation reserved
to the NRC by the Atomic Energy Act of
1954, as amended, or the provisions of
10 CFR chapter I. 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.
This direct final rule amends the
entry for the NAC International NAC–
UMS® Universal Storage System design
within the list of approved spent fuel
storage casks that power reactor
licensees can use to store spent fuel at
reactor sites under a general license.
The changes proposed in Amendment
No. 7 are needed to specify the
minimum number of outlet air
temperature measurement required to
ensure adequate heat removal and
consistency with other NAC
International storage systems, and to
minimize the potential for human error
when more than one NAC International
system is used at an independent spent
fuel storage installation. Specifically,
Amendment No. 7 revises the
surveillance requirements for technical
specifications A3.1.6.1 and A3.1.6.2 to
ensure that adequate monitoring of the
concrete cask heat removal system is
performed. Amendment No. 7 also
revises the basis for technical
specification A3.1.6 to clarify that the
surveillance requirements for technical
specification A3.1.6 require a minimum
of two outlet air temperature
measurements to provide an average
outlet temperature.
VII. Plain Writing
C. Environmental Impacts of the Action
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 31885).
On July 18,1990, 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 (55 FR 29181).
The potential environmental impact of
using NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Amendment No. 7 tiers 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 International NAC–UMS®
Universal Storage System is 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
VI. Agreement State Compatibility
VIII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
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B. The Need for the Action
The action is to amend § 72.214 to
revise the NAC International NAC–
UMS® Universal Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 7 to Certificate of Compliance No.
1015. Amendment No. 7 revises the
surveillance requirements for technical
specifications A3.1.6.1 and A3.1.6.2 to
ensure that adequate monitoring of the
concrete cask heat removal system is
performed. Amendment No. 7 also
revises the basis for technical
specification A3.1.6 to clarify that the
surveillance requirements for technical
specification A3.1.6 require a minimum
of two outlet air temperature
measurements to provide an average
outlet temperature.
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21689
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 change in design or fabrication
of the cask.
Therefore, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 7
would remain well within the 10 CFR
part 20 limits. Thus, 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 NRC
documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 7 and
end the direct final rule. Consequently,
any 10 CFR part 72 general licensee that
seeks to load spent nuclear fuel into the
NAC International NAC–UMS®
Universal Storage System in accordance
with the changes described in proposed
Amendment No. 7 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 as, or more
likely greater than, the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 7 to
Certificate of Compliance No. 1015
would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
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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 NAC–
UMS® Universal Storage System,
Certificate of Compliance No. 1015,
Amendment No. 7,’’ 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,
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 Office of
Management and Budget 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 part 50 and part
52 licensees authorized to possess or
operate nuclear power plant reactors
under that part, independent spent fuel
storage installation general licensees
using the NAC International NAC–
UMS® Universal Storage System, 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 (10 CFR 2.810).
XI. Regulatory Analysis
On July 18, 1990, 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
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designs approved by the NRC (55 FR
29181). 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 October 19, 2000, the NRC
issued an amendment to 10 CFR part 72
that approved the NAC–UMS®
Universal Storage System design by
adding it to the list of NRC-approved
cask designs in § 72.214 (65 FR 62581).
On September 18, 2018, NAC
International submitted a request to the
NRC to amend Certificate of Compliance
No. 1015 by adding Amendment No. 7.
NAC International submitted this
application to amend the NAC–UMS®
Universal Storage System as described
in Section IV, ‘‘Discussion of Changes,’’
of this document.
The alternative to this action is to
withhold approval of Amendment No. 7
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the NAC International
NAC–UMS® Universal Storage System
under the changes described in
Amendment No. 7 to request an
exemption from the requirements of
§§ 72.212 and 72.214. Under this
alternative, each interested 10 CFR part
72 licensee would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the
preliminary safety evaluation report 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 the listing in
§ 72.214, ‘‘List of approved spent fuel
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storage casks,’’ for Certificate of
Compliance No. 1015 for the NAC
International NAC–UMS® Universal
Storage System. The revision changes
the surveillance requirements for
technical specifications A3.1.6.1 and
A3.1.6.2 to ensure that adequate
monitoring of the concrete cask heat
removal system is performed, and also
revises the basis for technical
specification A3.1.6 to clarify that the
surveillance requirements for technical
specification A3.1.6 require a minimum
of two outlet air temperature
measurements to provide an average
outlet temperature.
Amendment No. 7 to Certificate of
Compliance No. 1015 for the NAC
International NAC–UMS® Universal
Storage System was initiated by NAC
International and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Amendment No. 7 applies only to new
casks fabricated and used under
Amendment No. 7. These changes do
not affect existing users of the NAC
International NAC–UMS® Universal
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 No. 7, this would be a
voluntary decision on the part of current
users.
For these reasons, Amendment No. 7
to Certificate of Compliance No. 1015
does not constitute backfitting under
§ 72.62 or § 50.109(a)(1), or otherwise
represent an inconsistency with the
issue finality provisions applicable to
combined licenses in part 52.
Accordingly, the NRC has not prepared
a backfit analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
XIV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
Document
ADAMS
accession No.
Letter from NAC International dated September
18, 2018, Submitting Request for Amendment to
Certificate of Compliance
No. 1015.
ML18264A014
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Document
ADAMS
accession No.
Proposed Certificate of
Compliance No. 1015
Amendment No. 7, Certificate of Compliance for
Spent Fuel Storage Casks.
Proposed Certificate of
Compliance No. 1015
Amendment No. 7, Technical Specifications, Appendix A.
Proposed Certificate of
Compliance No. 1015
Amendment No. 7, Technical Specifications, Appendix B.
Certificate of Compliance
No. 1015 Amendment No.
7, Preliminary Safety Evaluation Report.
ML19057A267
ML19057A265
ML19057A266
§ 72.214 List of approved spent fuel
storage casks.
*
ML19057A268
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; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH–LEVEL
RADIOACTIVE WASTE, AND
REACTOR–RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
jbell on DSK3GLQ082PROD with RULES
2. In § 72.214, Certificate of
Compliance 1015 is revised to read as
follows:
■
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–2019–0070. 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–2019–0070); (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).
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,
VerDate Sep<11>2014
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.
16:32 May 14, 2019
Jkt 247001
*
*
*
*
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.
Amendment Number 7 Effective Date:
July 29, 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 2nd day
of May, 2019.
For the Nuclear Regulatory Commission.
Kim S. West,
Acting, Executive Director for Operations.
[FR Doc. 2019–10017 Filed 5–14–19; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL RESERVE SYSTEM
12 CFR Parts 208 and 211
[Docket No. R–1622 and RIN 7100 AF–16]
Regulations H and K: Registration of
Mortgage Loan Originators
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
AGENCY:
The Board of Governors of the
Federal Reserve System (Board) is
repealing its regulations that
incorporated the Secure and Fair
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
21691
Enforcement for Mortgage Licensing Act
(the S.A.F.E. Act). Title X of the DoddFrank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act)
transferred rulemaking authority for a
number of consumer financial
protection laws, including the S.A.F.E.
Act, from the Board to the Bureau of
Consumer Financial Protection
(Bureau). In December 2011, the Bureau
published an interim final rule,
incorporating the S.A.F.E. Act into its
Regulations G and H. In April 2016, the
Bureau finalized the interim final rule.
Accordingly, the Board is repealing its
S.A.F.E. Act regulations.
DATES: The final rule is effective June
14, 2019.
FOR FURTHER INFORMATION CONTACT:
Clinton Chen, Senior Attorney, (202)
452–3952, Justyna Bolter, Attorney,
(202) 452–2686, Legal Division, Board of
Governors of the Federal Reserve
System, 20th and C Streets NW,
Washington, DC 20551. For users of
Telecommunications Device for the Deaf
(TDD) only, contact (202) 263–4869.
SUPPLEMENTARY INFORMATION:
I. Background
The S.A.F.E. Act mandates a
nationwide licensing and registration
system for residential mortgage loan
originators.1 The S.A.F.E. Act requires
residential mortgage loan originators
employed by depository institutions,
subsidiaries that are owned and
controlled by a depository institution
and regulated by a federal banking
agency, and institutions regulated by the
Farm Credit Administration (FCA) to
register with the Nationwide Mortgage
Licensing System and Registry, obtain a
unique identifier, and maintain such
registration. Originally, the federal
registration requirements of the S.A.F.E.
Act were implemented through a
coordinated rulemaking of the federal
banking agencies and the FCA, the
agencies with authority over the federal
registration requirements under the
S.A.F.E. Act (the ‘‘federal registry
agencies’’).2 The Board incorporated the
S.A.F.E. Act in its Regulation H, 12 CFR
part 208, subpart I, and Regulation K, 12
CFR 211.24(k).
Title X of the Dodd-Frank Act
amended a number of consumer
financial protection laws, including the
S.A.F.E. Act.3 The Dodd-Frank Act
1 12
U.S.C. 5101 et seq.
FR 44656 (July 28, 2010). The rules were
promulgated by the Board; the Office of the
Comptroller of the Currency (OCC); the Federal
Deposit Insurance Corporation (FDIC); the Office of
Thrift Supervision, Treasury (OTS); the FCA; and
the National Credit Union Administration (NCUA).
3 Public Law 111–203, 124 Stat. 1376 (2010).
2 75
E:\FR\FM\15MYR1.SGM
15MYR1
]]>Agencies
[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Rules and Regulations]
[Pages 21687-21691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10017]
========================================================================
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. 84, No. 94 / Wednesday, May 15, 2019 / Rules
and Regulations
[[Page 21687]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0070]
RIN 3150-AK33
List of Approved Spent Fuel Storage Casks: NAC International NAC-
UMS[supreg] Universal Storage System, Certificate of Compliance No.
1015, Amendment No. 7
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the NAC International NAC-
UMS[supreg] Universal Storage System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 7 to
Certificate of Compliance No. 1015. Amendment No. 7 revises the
surveillance requirements for technical specifications A3.1.6.1 and
A3.1.6.2 to ensure that adequate monitoring of the concrete cask heat
removal system is performed. Amendment No. 7 also revises the basis for
technical specification A3.1.6 to clarify that the surveillance
requirements for technical specification A3.1.6 require a minimum of
two outlet air temperature measurements to provide an average outlet
temperature.
DATES: This direct final rule is effective July 29, 2019, unless
significant adverse comments are received by June 14, 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.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0070. 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 Victoria V. Huckabay, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-5183; email:
[email protected]. Both are staff of the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0070 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-2019-0070.
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 [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-2019-0070 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.
[[Page 21688]]
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 rule is limited to the changes contained in Amendment No. 7 to
Certificate of Compliance No. 1015 and does not include other aspects
of the NAC-UMS[supreg] Universal Storage System design. The NRC is
using the direct final rule procedure to issue this amendment because
it represents a limited and routine change to an existing certificate
of compliance that is expected to be noncontroversial. Adequate
protection of public health and safety continues to be ensured. The
amendment to the rule will become effective on July 29, 2019. However,
if the NRC receives significant adverse comments on this direct final
rule by June 14, 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 Federal
Register. Absent significant modifications to the proposed revisions
requiring republication, the NRC will not initiate a second comment
period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule, certificate of compliance, or technical
specifications.
For detailed instructions on filing comments, please see the
companion proposed rule published in the Proposed Rules section of this
issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
requires that ``[t]he 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 Nuclear
Waste Policy Act states, in part, that ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under section [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, that approved the NAC-UMS[supreg] Universal Storage
System design and added it to the list of NRC-approved cask designs in
Sec. 72.214 as Certificate of Compliance No. 1015 (65 FR 62581).
IV. Discussion of Changes
On September 18, 2018, NAC International submitted a request to the
NRC to amend Certificate of Compliance No. 1015. Amendment No. 7
revises the surveillance requirements for technical specifications
A3.1.6.1 and A3.1.6.2 to ensure that adequate monitoring of the
concrete cask heat removal system is performed. Amendment No. 7 also
revises the basis for technical specification A3.1.6 to clarify that
the surveillance requirements for technical specification A3.1.6
require a minimum of two outlet air temperature measurements to provide
an average outlet temperature.
As documented in the preliminary safety evaluation report, the NRC
performed a safety review of the proposed certificate of compliance
amendment request. There are no significant changes to cask design
requirements in the proposed certificate of compliance amendment.
Considering the specific design requirements for each accident
condition, the design of the cask would prevent loss of containment,
shielding, and criticality control in the event of an accident. This
amendment does not reflect a significant change in the design or
fabrication of the cask. In addition, any resulting occupational
exposure or offsite dose rates from the implementation of Amendment No.
7 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 International NAC-
UMS[supreg] Universal Storage System listing in Sec. 72.214 by adding
Amendment No. 7 to Certificate of Compliance No. 1015. The amendment
consists of the changes previously described, as set forth in the
revised certificate of compliance and technical specifications. The
revised technical specifications are identified in the preliminary
safety analysis report.
The amended NAC International NAC-UMS[supreg] Universal Storage
System design, when used under the conditions specified in the
certificate of compliance, the 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-UMS[supreg] Universal Storage System casks that meet the
criteria of Amendment No. 7 to Certificate of Compliance No. 1015 under
Sec. 72.214.
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 revises the
NAC International
[[Page 21689]]
NAC-UMS[supreg] Universal 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 Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as Compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. The NRC
program elements in this category are those that relate directly to
areas of regulation reserved to the NRC by the Atomic Energy Act of
1954, as amended, or the provisions of 10 CFR chapter I. 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
31885).
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend Sec. 72.214 to revise the NAC International
NAC-UMS[supreg] Universal Storage System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 7 to
Certificate of Compliance No. 1015. Amendment No. 7 revises the
surveillance requirements for technical specifications A3.1.6.1 and
A3.1.6.2 to ensure that adequate monitoring of the concrete cask heat
removal system is performed. Amendment No. 7 also revises the basis for
technical specification A3.1.6 to clarify that the surveillance
requirements for technical specification A3.1.6 require a minimum of
two outlet air temperature measurements to provide an average outlet
temperature.
B. The Need for the Action
This direct final rule amends the entry for the NAC International
NAC-UMS[supreg] Universal Storage System design within the list of
approved spent fuel storage casks that power reactor licensees can use
to store spent fuel at reactor sites under a general license. The
changes proposed in Amendment No. 7 are needed to specify the minimum
number of outlet air temperature measurement required to ensure
adequate heat removal and consistency with other NAC International
storage systems, and to minimize the potential for human error when
more than one NAC International system is used at an independent spent
fuel storage installation. Specifically, Amendment No. 7 revises the
surveillance requirements for technical specifications A3.1.6.1 and
A3.1.6.2 to ensure that adequate monitoring of the concrete cask heat
removal system is performed. Amendment No. 7 also revises the basis for
technical specification A3.1.6 to clarify that the surveillance
requirements for technical specification A3.1.6 require a minimum of
two outlet air temperature measurements to provide an average outlet
temperature.
C. Environmental Impacts of the Action
On July 18,1990, 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 (55 FR 29181). The potential environmental
impact of using NRC-approved storage casks was initially analyzed in
the environmental assessment for the 1990 final rule. The environmental
assessment for this Amendment No. 7 tiers 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 International NAC-UMS[supreg] Universal Storage System is
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 change in design or
fabrication of the cask.
Therefore, any resulting occupational exposure or offsite dose
rates from the implementation of Amendment No. 7 would remain well
within the 10 CFR part 20 limits. Thus, 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 NRC documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
7 and end the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the NAC
International NAC-UMS[supreg] Universal Storage System in accordance
with the changes described in proposed Amendment No. 7 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 as, or more likely greater than, the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 7 to Certificate of Compliance No. 1015
would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
[[Page 21690]]
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 NAC-
UMS[supreg] Universal Storage System, Certificate of Compliance No.
1015, Amendment No. 7,'' 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, 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
Office of Management and Budget 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 part 50 and part 52 licensees
authorized to possess or operate nuclear power plant reactors under
that part, independent spent fuel storage installation general
licensees using the NAC International NAC-UMS[supreg] Universal Storage
System, 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 (10 CFR
2.810).
XI. Regulatory Analysis
On July 18, 1990, 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 (55 FR 29181). 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 October
19, 2000, the NRC issued an amendment to 10 CFR part 72 that approved
the NAC-UMS[supreg] Universal Storage System design by adding it to the
list of NRC-approved cask designs in Sec. 72.214 (65 FR 62581).
On September 18, 2018, NAC International submitted a request to the
NRC to amend Certificate of Compliance No. 1015 by adding Amendment No.
7. NAC International submitted this application to amend the NAC-
UMS[supreg] Universal Storage System as described in Section IV,
``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 7 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the NAC International NAC-UMS[supreg]
Universal Storage System under the changes described in Amendment No. 7
to request an exemption from the requirements of Sec. Sec. 72.212 and
72.214. Under this alternative, each interested 10 CFR part 72 licensee
would have to prepare, and the NRC would have to review, a separate
exemption request, thereby increasing the administrative burden upon
the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report 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 the listing in Sec.
72.214, ``List of approved spent fuel storage casks,'' for Certificate
of Compliance No. 1015 for the NAC International NAC-UMS[supreg]
Universal Storage System. The revision changes the surveillance
requirements for technical specifications A3.1.6.1 and A3.1.6.2 to
ensure that adequate monitoring of the concrete cask heat removal
system is performed, and also revises the basis for technical
specification A3.1.6 to clarify that the surveillance requirements for
technical specification A3.1.6 require a minimum of two outlet air
temperature measurements to provide an average outlet temperature.
Amendment No. 7 to Certificate of Compliance No. 1015 for the NAC
International NAC-UMS[supreg] Universal Storage System was initiated by
NAC International and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 7 applies
only to new casks fabricated and used under Amendment No. 7. These
changes do not affect existing users of the NAC International NAC-
UMS[supreg] Universal 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
No. 7, this would be a voluntary decision on the part of current users.
For these reasons, Amendment No. 7 to Certificate of Compliance No.
1015 does not constitute backfitting under Sec. 72.62 or Sec.
50.109(a)(1), or otherwise represent an inconsistency with the issue
finality provisions applicable to combined licenses in part 52.
Accordingly, the NRC has not prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
Document ADAMS accession No.
------------------------------------------------------------------------
Letter from NAC International dated ML18264A014
September 18, 2018, Submitting Request
for Amendment to Certificate of
Compliance No. 1015.
[[Page 21691]]
Proposed Certificate of Compliance No. ML19057A267
1015 Amendment No. 7, Certificate of
Compliance for Spent Fuel Storage Casks.
Proposed Certificate of Compliance No. ML19057A265
1015 Amendment No. 7, Technical
Specifications, Appendix A.
Proposed Certificate of Compliance No. ML19057A266
1015 Amendment No. 7, Technical
Specifications, Appendix B.
Certificate of Compliance No. 1015 ML19057A268
Amendment No. 7, 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-2019-0070. 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-2019-0070); (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, 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; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance 1015 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000.
Amendment Number 1 Effective Date: February 20, 2001.
Amendment Number 2 Effective Date: December 31, 2001.
Amendment Number 3 Effective Date: March 31, 2004.
Amendment Number 4 Effective Date: October 11, 2005.
Amendment Number 5 Effective Date: January 12, 2009.
Amendment Number 6 Effective Date: January 7, 2019.
Amendment Number 7 Effective Date: July 29, 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 2nd day of May, 2019.
For the Nuclear Regulatory Commission.
Kim S. West,
Acting, Executive Director for Operations.
[FR Doc. 2019-10017 Filed 5-14-19; 8:45 am]
BILLING CODE 7590-01-P
