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]

Download as PDF 21687 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 If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register.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 jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC–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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 http://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 http://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 http:// 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. E:\FR\FM\15MYR1.SGM 15MYR1 21688 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations 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. jbell on DSK3GLQ082PROD with RULES 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. VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 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 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 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 E:\FR\FM\15MYR1.SGM 15MYR1 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations 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 jbell on DSK3GLQ082PROD with RULES 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. VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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. E:\FR\FM\15MYR1.SGM 15MYR1 21690 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations 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. jbell on DSK3GLQ082PROD with RULES 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 VerDate Sep<11>2014 16:32 May 14, 2019 Jkt 247001 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 E:\FR\FM\15MYR1.SGM 15MYR1 Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Rules and Regulations 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 http://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]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 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 http://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 http://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 http://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 http://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 http://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