List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® System, Certificate of Compliance No. 1031, Amendment No. 8, 1096-1100 [2019-28375]
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Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Rules and Regulations
(b) If an agreement is terminated, the
Cooperator:
(1) Is responsible for using or
returning any CCC-provided funds,
interest, or program income that have
not been disbursed, as agreed to by FAS;
and
(2) Must comply with any closeout
and post-closeout procedures specified
in the agreement and 2 CFR 200.343 and
200.344.
§ 1484.82 Noncompliance with an
agreement.
10 CFR Part 72
[NRC–2019–0195]
RIN 3150–AK38
List of Approved Spent Fuel Storage
Casks: NAC International
MAGNASTOR® System, Certificate of
Compliance No. 1031, Amendment No.
8
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
(a) If a Cooperator fails to comply
with any term in its agreement, approval
letter, or this part, CCC may take one or
more of the enforcement actions in 2
CFR part 200 and, if appropriate, initiate
a claim against the Cooperator,
following the procedures set forth in
this part. CCC may also initiate a claim
against a Cooperator if program income
or CCC-provided funds are lost due to
an action or omission of the Cooperator.
If any Cooperator has engaged in fraud
with respect to the Cooperator program,
or has otherwise violated program
requirements under this part, CCC may:
(1) Hold such Cooperator liable for
any and all losses to CCC resulting from
such fraud or violation;
(2) Require a refund of any assistance
provided to such Cooperator plus
interest as determined by FAS; and
(3) Collect liquidated damages from
such Cooperator in an amount
determined appropriate by FAS.
(b) The provisions of this section shall
be without prejudice to any other
remedy that is available under any other
provision of law.
• 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 White, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6577; email:
Bernard.White@nrc.gov or Edward M.
Lohr, Office of Nuclear Material Safety
and Safeguards; telephone: 301–415–
0253; email: Edward.Lohr@nrc.gov. Both
are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
Table of Contents
[FR Doc. 2019–27964 Filed 1–8–20; 8:45 am]
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International, Inc.
(NAC) MAGNASTOR® System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 8 to Certificate of Compliance No.
1031. Amendment No. 8 revises the
technical specifications to delete
Technical Specification A5.6 and revise
the maximum pellet diameter in the
technical specifications, Appendix B,
Table B2–3, from 0.325 inches to 0.3255
inches for the CE16H1 hybrid fuel
assembly, which includes Combustion
Engineering 16 x 16 fuel assemblies.
These revisions are discussed in more
detail in the ‘‘Discussion of Changes’’
section of this document.
DATES: This direct final rule is effective
March 24, 2020, unless significant
adverse comments are received by
February 10, 2020. 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.
BILLING CODE 3410–10–P
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–2019–0195. 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.
Please refer to Docket ID NRC–2019–
0195 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–2019–0195.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly-
Dated: December 6, 2019.
Robert Stephenson,
Executive Vice President, Commodity Credit
Corporation.
In concurrence with:
Dated: December 6, 2019
Ken Isley,
Administrator, Foreign Agricultural Service.
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NUCLEAR REGULATORY
COMMISSION
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
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
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available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. 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.
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B. Submitting Comments
Please include Docket ID NRC–2019–
0195 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Rulemaking Procedure
This direct final rule is limited to the
changes contained in Amendment No. 8
to Certificate of Compliance No. 1031
and does not include other aspects of
the NAC MAGNASTOR® System
(MAGNASTOR® 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 reasonably assured. The amendment
to the rule will become effective on
March 24, 2020. However, if the NRC
receives significant adverse comments
on this direct final rule by February 10,
2020, then the NRC will publish a
document that withdraws this action
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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.
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 ‘‘[the Commission] shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under section 219(a) [sic:
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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
November 21, 2008, that approved the
NAC MAGNASTOR® System design
and added it to the list of NRC-approved
cask designs in § 72.214 as Certificate of
Compliance No. 1031 (73 FR 70587).
IV. Discussion of Changes
On September 12, 2018, as
supplemented on November 2, 2018,
June 14, 2019, and July 16, 2019, NAC
submitted a request to amend Certificate
of Compliance No. 1031 for the
MAGNASTOR® System. Amendment
No. 8 revises the technical
specifications to delete Technical
Specification A5.6, ‘‘Special
Requirements for the First System
Placed in Service,’’ and revises the
maximum pellet diameter in the
technical specifications, Appendix B,
Table B2–3, from 0.325 inches to 0.3255
inches for the CE16H1 hybrid fuel
assembly, which includes Combustion
Engineering 16 x 16 fuel assemblies.
The revised certificate of compliance
and technical specifications are
identified and evaluated in the
preliminary safety evaluation report.
As documented in that preliminary
safety evaluation report, the NRC
performed a safety evaluation of the
proposed certificate of compliance
amendment request. There are no
significant changes to cask design
requirements in the proposed
amendment. The design of the cask
would prevent loss of containment,
shielding, and criticality control in the
event of each evaluated accident
condition. This amendment does not
reflect a significant change in design or
fabrication of the cask. In addition, any
resulting occupational exposure or
offsite dose rates from the
implementation of Amendment No. 8
would remain well within the limits
specified by 10 CFR part 20, ‘‘Standards
for Protection Against Radiation.’’ There
will be no significant change in the
types or amounts of any effluent
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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 amended MAGNASTOR® System
design, when used under the conditions
specified in the certificate of
compliance, technical specifications,
and the NRC’s regulations, will meet the
requirements of 10 CFR part 72;
therefore, adequate protection of public
health and safety will continue to be
reasonably assured. When this direct
final rule becomes effective, persons
who hold a general license under
§ 72.210 may, consistent with the
license conditions under § 72.212, load
spent nuclear fuel into those
MAGNASTOR® System casks that meet
the criteria of Amendment No. 8 to
Certificate of Compliance No. 1031.
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V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC will revise the NAC
MAGNASTOR® System design listed in
§ 72.214. This action does not constitute
the establishment of a standard that
contains generally applicable
requirements.
VI. Agreement State Compatibility
Under the ‘‘Agreement State Program
Policy Statement’’ approved by the
Commission on October 2, 2017, and
published in the Federal Register on
October 18, 2017 (82 FR 48535), 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
Agreement 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
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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 Impact
Under the National Environmental
Policy Act of 1969, as amended, and the
NRC’s regulations in 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ the NRC has
determined that this direct final rule, if
adopted, would not be a major Federal
action significantly affecting the quality
of the human environment and,
therefore, an environmental impact
statement is not required. The NRC has
made a finding of no significant impact
on the basis of this environmental
assessment.
A. The Action
The action is to amend § 72.214 to
revise the NAC MAGNASTOR® System
listing within the ‘‘List of approved
spent fuel storage casks’’ to include
Amendment No. 8 to Certificate of
Compliance No. 1031.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the NAC
MAGNASTOR® 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. Specifically,
Amendment No. 8 updates the
certificate of compliance to delete
Technical Specification A5.6 and revise
the maximum pellet diameter in the
technical specifications, Appendix B,
Table B2–3, from 0.325 inches to 0.3255
inches for the CE16H1 hybrid fuel
assembly, which includes Combustion
Engineering 16 x 16 fuel assemblies.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Amendment No. 8 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.
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The NAC MAGNASTOR® 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
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
The design of the cask would prevent
loss of confinement, shielding, and
criticality control in the event of each
evaluated accident condition. If there is
no loss of confinement, shielding, or
criticality control, the environmental
impacts resulting from an accident
would be insignificant. This amendment
does not reflect a significant change in
design or fabrication of the cask.
Because there are no significant
design or process changes, any resulting
occupational exposure or offsite dose
rates from the implementation of
Amendment No. 8 would remain well
within 10 CFR part 20 limits. Therefore,
the proposed certificate of compliance
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
exposures, and no significant increase
in the potential for, or consequences of,
radiological accidents. The NRC
documented its safety findings in a
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 8 and
not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into the NAC
MAGNASTOR® System in accordance
with the changes described in proposed
Amendment No. 8 would have to
request an exemption from the
requirements of §§ 72.212 and 72.214.
Under this alternative, interested
licensees would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
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number of small entities. This direct
final rule affects only nuclear power
plant licensees and NAC. These entities
do not fall within the scope of the
definition of small entities set forth in
the Regulatory Flexibility Act or the size
standards established by the NRC
(§ 2.810).
upon the NRC and the costs to each
licensee. The environmental impacts
would be the same as the proposed
action.
E. Alternative Use of Resources
Approval of Amendment No. 8 to
Certificate of Compliance No. 1031
would result in no irreversible
commitment of resources.
XI. Regulatory Analysis
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The environmental impacts of the
action have been reviewed under the
requirements in the National
Environmental Policy Act of 1969, as
amended, and the NRC’s regulations in
subpart A of 10 CFR part 51. Based on
the foregoing environmental assessment,
the NRC concludes that this direct final
rule entitled ‘‘List of Approved Spent
Fuel Storage Casks: NAC International
MAGNASTOR® System, Certificate of
Compliance No. 1031, Amendment No.
8,’’ will not have a significant effect on
the human environment. Therefore, the
NRC has determined that an
environmental impact statement is not
necessary for this direct final rule.
IX. Paperwork Reduction Act
Statement
This direct final rule does not contain
any new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
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.
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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
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On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if it
(1) notifies the NRC in advance, (2) the
spent fuel is stored under the conditions
specified in the cask’s certificate of
compliance, and (3) the conditions of
the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On November 21, 2008 (73
FR 70587), the NRC issued an
amendment to 10 CFR part 72 that
approved the MAGNASTOR® System
design by adding it to the list of NRCapproved cask designs in § 72.214.
On September 12, 2018, as
supplemented on November 2, 2018,
June 14, 2019, and July 16, 2019, NAC
submitted a request to amend the
MAGNASTOR® System as described in
Section IV, ‘‘Discussion of Changes,’’ of
this document.
The alternative to this action is to
withhold approval of Amendment No. 8
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the NAC
MAGNASTOR® System under the
changes described in Amendment No. 8
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 on 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
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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; therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (§ 72.62) does not apply to
this direct final rule. Therefore, a backfit
analysis is not required. This direct final
rule revises Certificate of Compliance
No. 1031 for the NAC MAGNASTOR®
System, as currently listed in § 72.214.
The revision consists of the changes in
Amendment No. 8 previously described,
as set forth in the revised certificate of
compliance and technical
specifications.
Amendment No. 8 to Certificate of
Compliance No. 1031 for the NAC
MAGNASTOR® System was initiated by
NAC and was not submitted in response
to new NRC requirements, or an NRC
request for amendment. Amendment
No. 8 applies only to new casks
fabricated and used under Amendment
No. 8. These changes do not affect
existing users of the NAC
MAGNASTOR® System, and previous
amendments continue to be effective for
existing users. While current certificate
of compliance users may comply with
the new requirements in Amendment
No. 8, this would be a voluntary
decision on the part of current users.
For these reasons, Amendment No. 8
to Certificate of Compliance No. 1031
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 10 CFR part 52.
Accordingly, the NRC staff has not
prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
XIV. Availability of Documents
The documents identified in the
following table are available to
interested persons through the following
methods.
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Document
ADAMS
accession No.
Submission of NAC International MAGNASTOR® System Thermal Performance Test Data Satisfying the Requirements of Certificate of Compliance, Appendix A, Section 5.6, September 12, 2018.
NRC Letter, Receipt of Test Data for Thermal Performance Test for MAGNASTOR® System for Certificate of Compliance No.
1031—Acknowledgment Letter, October 25, 2018.
Letter from NAC International Transmitting Amendment No. 8 Request and Supplement Information, November 2, 2018 ............
NRC Letter, Application for Amendment No. 8 Request for Additional Information, February 22, 2019 ...........................................
Letter from NAC International Transmitting Supplement to Amendment No. 8 Request, June 14, 2019 .........................................
Letter from NAC International Transmitting Supplement to Amendment No. 8 Request, July 16, 2019 ...........................................
Memorandum to J. Cai re: User Need for Rulemaking for Amendment No. 8, September 26, 2019 ...............................................
Proposed Certificate of Compliance No. 1031 Amendment No. 8, Technical Specifications, Appendix A .......................................
Proposed Certificate of Compliance No. 1031 Amendment No. 8, Technical Specifications, Appendix B .......................................
Draft Certificate of Compliance 1031, Amendment No. 8 ..................................................................................................................
Certificate of Compliance No. 1031 Amendment No. 8, Preliminary Safety Evaluation Report ........................................................
ML18257A079
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–2019–0195. The
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subscribe: (1) Navigate to the docket
folder (NRC–2019–0195); (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
1. The authority citation for part 72
continues to read as follows:
lotter on DSKBCFDHB2PROD with RULES
■
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
VerDate Sep<11>2014
15:49 Jan 08, 2020
Jkt 250001
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance No. 1031 is revised to read
as follows:
■
ML18299A008
ML18331A180
ML19056A057
ML19171A269
ML19199A151
ML19228A239
ML19228A235
ML19228A236
ML19228A237
ML19228A238
Docket Number: 72–1031.
Certificate Expiration Date: February
4, 2029.
Model Number: MAGNASTOR®.
*
*
*
*
*
§ 72.214 List of approved spent fuel
storage casks.
Dated at Rockville, Maryland, this 13th day
of December, 2019.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
*
[FR Doc. 2019–28375 Filed 1–8–20; 8:45 am]
*
*
*
*
Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009, superseded by Initial
Certificate, Revision 1, on February 1,
2016.
Initial Certificate, Revision 1, Effective
Date: February 1, 2016.
Amendment Number 1 Effective Date:
August 30, 2010, superseded by
Amendment Number 1, Revision 1, on
February 1, 2016.
Amendment Number 1, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 2 Effective Date:
January 30, 2012, superseded by
Amendment Number 2, Revision 1, on
February 1, 2016.
Amendment Number 2, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 3 Effective Date:
July 25, 2013, superseded by
Amendment Number 3, Revision 1, on
February 1, 2016.
Amendment Number 3, Revision 1,
Effective Date: February 1, 2016.
Amendment Number 4 Effective Date:
April 14, 2015.
Amendment Number 5 Effective Date:
June 29, 2015.
Amendment Number 6 Effective Date:
December 21, 2016.
Amendment Number 7 Effective Date:
August 21, 2017, as corrected (ADAMS
Accession No. ML19045A346).
Amendment Number 8 Effective Date:
March 24, 2020.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
BILLING CODE 7590–01–P
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 90
[Docket Number: 191211–0109]
RIN 0607–AA57
Temporary Suspension of the
Population Estimates Challenge
Program
Bureau of the Census,
Department of Commerce.
ACTION: Notification of final rulemaking.
AGENCY:
This document provides
notice to state and local governments
and to Federal agencies that, beginning
on January 8, 2020, the Bureau of the
Census (Census Bureau) will
temporarily suspend the Population
Estimates Challenge Program during the
decennial census year (2020) and 2021
to accommodate the taking of the 2020
Census. The suspension of this program
is a necessary action in order to ensure
that sufficient resources are allocated to
conduct the decennial census, allowing
the Census Bureau’s Population
Division staff to effectively evaluate the
2020 Census results. The Census Bureau
will publish a document in the Federal
Register announcing the resumption of
the Population Estimates Challenge
Program when the stay is lifted.
SUMMARY:
E:\FR\FM\09JAR1.SGM
09JAR1
]]>Agencies
[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Rules and Regulations]
[Pages 1096-1100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28375]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2019-0195]
RIN 3150-AK38
List of Approved Spent Fuel Storage Casks: NAC International
MAGNASTOR[supreg] System, Certificate of Compliance No. 1031, Amendment
No. 8
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the NAC International, Inc.
(NAC) MAGNASTOR[supreg] System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 8 to Certificate of
Compliance No. 1031. Amendment No. 8 revises the technical
specifications to delete Technical Specification A5.6 and revise the
maximum pellet diameter in the technical specifications, Appendix B,
Table B2-3, from 0.325 inches to 0.3255 inches for the CE16H1 hybrid
fuel assembly, which includes Combustion Engineering 16 x 16 fuel
assemblies. These revisions are discussed in more detail in the
``Discussion of Changes'' section of this document.
DATES: This direct final rule is effective March 24, 2020, unless
significant adverse comments are received by February 10, 2020. 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-2019-0195. 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 White, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6577; email:
[email protected] or Edward M. Lohr, Office of Nuclear Material
Safety and Safeguards; telephone: 301-415-0253; 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-2019-0195 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-2019-0195.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-
[[Page 1097]]
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-2019-0195 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Rulemaking Procedure
This direct final rule is limited to the changes contained in
Amendment No. 8 to Certificate of Compliance No. 1031 and does not
include other aspects of the NAC MAGNASTOR[supreg] System
(MAGNASTOR[supreg] 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 reasonably assured. The amendment to
the rule will become effective on March 24, 2020. However, if the NRC
receives significant adverse comments on this direct final rule by
February 10, 2020, 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 ``[the Commission] shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule which added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
November 21, 2008, that approved the NAC MAGNASTOR[supreg] System
design and added it to the list of NRC-approved cask designs in Sec.
72.214 as Certificate of Compliance No. 1031 (73 FR 70587).
IV. Discussion of Changes
On September 12, 2018, as supplemented on November 2, 2018, June
14, 2019, and July 16, 2019, NAC submitted a request to amend
Certificate of Compliance No. 1031 for the MAGNASTOR[supreg] System.
Amendment No. 8 revises the technical specifications to delete
Technical Specification A5.6, ``Special Requirements for the First
System Placed in Service,'' and revises the maximum pellet diameter in
the technical specifications, Appendix B, Table B2-3, from 0.325 inches
to 0.3255 inches for the CE16H1 hybrid fuel assembly, which includes
Combustion Engineering 16 x 16 fuel assemblies. The revised certificate
of compliance and technical specifications are identified and evaluated
in the preliminary safety evaluation report.
As documented in that preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. There are no significant changes to cask design
requirements in the proposed amendment. The design of the cask would
prevent loss of containment, shielding, and criticality control in the
event of each evaluated accident condition. This amendment does not
reflect a significant change in design or fabrication of the cask. In
addition, any resulting occupational exposure or offsite dose rates
from the implementation of Amendment No. 8 would remain well within the
limits specified by 10 CFR part 20, ``Standards for Protection Against
Radiation.'' There will be no significant change in the types or
amounts of any effluent
[[Page 1098]]
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 amended MAGNASTOR[supreg] System design, when used under the
conditions specified in the certificate of compliance, technical
specifications, and the NRC's regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate protection of public health and
safety will continue to be reasonably assured. When this direct final
rule becomes effective, persons who hold a general license under Sec.
72.210 may, consistent with the license conditions under Sec. 72.212,
load spent nuclear fuel into those MAGNASTOR[supreg] System casks that
meet the criteria of Amendment No. 8 to Certificate of Compliance No.
1031.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC will revise
the NAC MAGNASTOR[supreg] System design listed in Sec. 72.214. This
action does not constitute the establishment of a standard that
contains generally applicable requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), 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 Agreement 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 Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the NAC
MAGNASTOR[supreg] System listing within the ``List of approved spent
fuel storage casks'' to include Amendment No. 8 to Certificate of
Compliance No. 1031.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC MAGNASTOR[supreg] 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. Specifically, Amendment
No. 8 updates the certificate of compliance to delete Technical
Specification A5.6 and revise the maximum pellet diameter in the
technical specifications, Appendix B, Table B2-3, from 0.325 inches to
0.3255 inches for the CE16H1 hybrid fuel assembly, which includes
Combustion Engineering 16 x 16 fuel assemblies.
C. Environmental Impacts of the Action
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 8 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 MAGNASTOR[supreg] 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.
The design of the cask would prevent loss of confinement,
shielding, and criticality control in the event of each evaluated
accident condition. If there is no loss of confinement, shielding, or
criticality control, the environmental impacts resulting from an
accident would be insignificant. This amendment does not reflect a
significant change in design or fabrication of the cask.
Because there are no significant design or process changes, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 8 would remain well within 10 CFR part
20 limits. Therefore, the proposed certificate of compliance 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
exposures, and no significant increase in the potential for, or
consequences of, radiological accidents. The NRC documented its safety
findings in a preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
8 and not issue the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the NAC
MAGNASTOR[supreg] System in accordance with the changes described in
proposed Amendment No. 8 would have to request an exemption from the
requirements of Sec. Sec. 72.212 and 72.214. Under this alternative,
interested licensees would have to prepare, and the NRC would have to
review, a separate exemption request, thereby increasing the
administrative burden
[[Page 1099]]
upon the NRC and the costs to each licensee. The environmental impacts
would be the same as the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 8 to Certificate of Compliance No. 1031
would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51.
Based on the foregoing environmental assessment, the NRC concludes that
this direct final rule entitled ``List of Approved Spent Fuel Storage
Casks: NAC International MAGNASTOR[supreg] System, Certificate of
Compliance No. 1031, Amendment No. 8,'' will not have a significant
effect on the human environment. Therefore, the NRC has determined that
an environmental impact statement is not necessary for this direct
final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, 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 nuclear power plant licensees and
NAC. These entities do not fall within the scope of the definition of
small entities set forth in the Regulatory Flexibility Act or the size
standards established by the NRC (Sec. 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if it (1) notifies the NRC in advance, (2) the spent fuel
is stored under the conditions specified in the cask's certificate of
compliance, and (3) the conditions of the general license are met. A
list of NRC-approved cask designs is contained in Sec. 72.214. On
November 21, 2008 (73 FR 70587), the NRC issued an amendment to 10 CFR
part 72 that approved the MAGNASTOR[supreg] System design by adding it
to the list of NRC-approved cask designs in Sec. 72.214.
On September 12, 2018, as supplemented on November 2, 2018, June
14, 2019, and July 16, 2019, NAC submitted a request to amend the
MAGNASTOR[supreg] System as described in Section IV, ``Discussion of
Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 8 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the NAC MAGNASTOR[supreg] System under the
changes described in Amendment No. 8 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 on 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; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (Sec. 72.62) does not
apply to this direct final rule. Therefore, a backfit analysis is not
required. This direct final rule revises Certificate of Compliance No.
1031 for the NAC MAGNASTOR[supreg] System, as currently listed in Sec.
72.214. The revision consists of the changes in Amendment No. 8
previously described, as set forth in the revised certificate of
compliance and technical specifications.
Amendment No. 8 to Certificate of Compliance No. 1031 for the NAC
MAGNASTOR[supreg] System was initiated by NAC and was not submitted in
response to new NRC requirements, or an NRC request for amendment.
Amendment No. 8 applies only to new casks fabricated and used under
Amendment No. 8. These changes do not affect existing users of the NAC
MAGNASTOR[supreg] System, and previous amendments continue to be
effective for existing users. While current certificate of compliance
users may comply with the new requirements in Amendment No. 8, this
would be a voluntary decision on the part of current users.
For these reasons, Amendment No. 8 to Certificate of Compliance No.
1031 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 10 CFR part 52.
Accordingly, the NRC staff has not prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through the following methods.
[[Page 1100]]
------------------------------------------------------------------------
Document ADAMS accession No.
------------------------------------------------------------------------
Submission of NAC International ML18257A079
MAGNASTOR[supreg] System Thermal Performance
Test Data Satisfying the Requirements of
Certificate of Compliance, Appendix A,
Section 5.6, September 12, 2018.
NRC Letter, Receipt of Test Data for Thermal ML18299A008
Performance Test for MAGNASTOR[supreg] System
for Certificate of Compliance No. 1031--
Acknowledgment Letter, October 25, 2018.
Letter from NAC International Transmitting ML18331A180
Amendment No. 8 Request and Supplement
Information, November 2, 2018.
NRC Letter, Application for Amendment No. 8 ML19056A057
Request for Additional Information, February
22, 2019.
Letter from NAC International Transmitting ML19171A269
Supplement to Amendment No. 8 Request, June
14, 2019.
Letter from NAC International Transmitting ML19199A151
Supplement to Amendment No. 8 Request, July
16, 2019.
Memorandum to J. Cai re: User Need for ML19228A239
Rulemaking for Amendment No. 8, September 26,
2019.
Proposed Certificate of Compliance No. 1031 ML19228A235
Amendment No. 8, Technical Specifications,
Appendix A.
Proposed Certificate of Compliance No. 1031 ML19228A236
Amendment No. 8, Technical Specifications,
Appendix B.
Draft Certificate of Compliance 1031, ML19228A237
Amendment No. 8.
Certificate of Compliance No. 1031 Amendment ML19228A238
No. 8, 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-2019-0195. The Federal
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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 No. 1031 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009, superseded by
Initial Certificate, Revision 1, on February 1, 2016.
Initial Certificate, Revision 1, Effective Date: February 1, 2016.
Amendment Number 1 Effective Date: August 30, 2010, superseded by
Amendment Number 1, Revision 1, on February 1, 2016.
Amendment Number 1, Revision 1, Effective Date: February 1, 2016.
Amendment Number 2 Effective Date: January 30, 2012, superseded by
Amendment Number 2, Revision 1, on February 1, 2016.
Amendment Number 2, Revision 1, Effective Date: February 1, 2016.
Amendment Number 3 Effective Date: July 25, 2013, superseded by
Amendment Number 3, Revision 1, on February 1, 2016.
Amendment Number 3, Revision 1, Effective Date: February 1, 2016.
Amendment Number 4 Effective Date: April 14, 2015.
Amendment Number 5 Effective Date: June 29, 2015.
Amendment Number 6 Effective Date: December 21, 2016.
Amendment Number 7 Effective Date: August 21, 2017, as corrected
(ADAMS Accession No. ML19045A346).
Amendment Number 8 Effective Date: March 24, 2020.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg]
System.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029.
Model Number: MAGNASTOR[supreg].
* * * * *
Dated at Rockville, Maryland, this 13th day of December, 2019.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2019-28375 Filed 1-8-20; 8:45 am]
BILLING CODE 7590-01-P
