List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® System, Certificate of Compliance No. 1031, Amendment No. 8, 1096-1100 [2019-28375]

Download as PDF 1096 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. lotter on DSKBCFDHB2PROD with RULES NUCLEAR REGULATORY COMMISSION VerDate Sep<11>2014 15:49 Jan 08, 2020 Jkt 250001 SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09JAR1.SGM 09JAR1 Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Rules and Regulations 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. lotter on DSKBCFDHB2PROD with RULES 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 VerDate Sep<11>2014 15:49 Jan 08, 2020 Jkt 250001 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: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 1097 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 E:\FR\FM\09JAR1.SGM 09JAR1 1098 Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Rules and Regulations 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. lotter on DSKBCFDHB2PROD with RULES 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 VerDate Sep<11>2014 15:49 Jan 08, 2020 Jkt 250001 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. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09JAR1.SGM 09JAR1 Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Rules and Regulations 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. lotter on DSKBCFDHB2PROD with RULES 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 VerDate Sep<11>2014 15:49 Jan 08, 2020 Jkt 250001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 1099 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. E:\FR\FM\09JAR1.SGM 09JAR1 1100 Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 / Rules and Regulations 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 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–2019–0195); (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 
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-2019-0195); (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

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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.