List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 9, 59395-59400 [2020-20666]
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations
(ii) If the project directly supports
implementation of two of the plan’s
objectives, the application will receive 5
points.
(iii) If the project directly supports
implementation of less than two of the
plan’s objectives, the application will
receive no points.
(2) Characteristics of a plan. The
Agency will score the plan associated
with a Project based upon the
characteristics of the plan, which are
identified in paragraphs (b)(2)(i) through
(v) of this section. Applicants must
supply sufficient documentation that
demonstrates to the Agency the criteria
identified in paragraphs (b)(2)(i) through
(v) of this section are met. The
maximum score under this paragraph
(b)(2) is 10 points.
(i) Variety of activities. If the plan
contains a variety of activities which
clearly show facilitation toward
achieving the vision for the rural
communities and/or region as expressed
in the plan, two points will be awarded.
(ii) Regional resources leverage. If the
plan demonstrates an understanding of
the applicable regional asset resources
and indicates leveraging of those
resources to support the plan, including
cultural resources, natural resources,
human resources, infrastructure, and
financial resources, two points will be
awarded.
(iii) Strategic partner investments. If
the Plan includes investments from
strategic partners other than the U.S.
Department of Agriculture, two points
will be awarded.
(iv) Participation by multiple
stakeholders. If the plan provides
evidence of the involvement of multiple
stakeholders from multiple jurisdictions
and representing multiple sectors in the
preparation, implementation,
monitoring and/or evaluation of the
plan, Rural Development (RD) will
award two points.
(v) Objectives, performance measures,
and action steps. If the plan contains
clear, measurable objectives, the ability
to track progress toward meeting the
objectives and identifiable action steps
for implementation, two points will be
awarded.
*
*
*
*
*
■ 18. Section 1980.1025 is revised to
read as follows:
§ 1980.1025
Award process.
(a) Unless RD indicates otherwise in
a notice, the award process for the
applicable program identified in
§ 1980.1002 will be used to determine
which Projects receive funding under
this subpart.
(b) Projects not receiving funding
under this subpart are eligible to
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compete for funding under the
applicable program identified in
§ 1980.1002. The scores for such
Projects when competing for program
funding will not include the score
assigned to the application under
§ 1980.1020(b).
Subpart B—Business and Industry
Loans
§ 1980.1026
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multijurisdictional and multi-sectoral basis.
■
[Removed and Reserved]
19. Remove and reserve § 1980.1026.
PART 3570—COMMUNITY PROGRAMS
20. The authority citation for part
3570 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart B—Community Facilities
Grant Program
25. Section 4279.162 revised to read
as follows:
■
§ 4279.162 Strategic economic and
community development.
PART 4280—LOANS AND GRANTS
■
21. Section 3570.71 revised to read as
follows:
■
§ 3570.71 Strategic economic and
community development.
Authority: 5 U.S.C. 301: 7 U.S.C. 940c and
7 U.S.C. 1932(c).
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multijurisdictional and multi-sectoral basis.
Subpart E—Rural Business
Development Grants
PART 3575—GENERAL
22. The authority citation for part
3575 continues to read as follows:
■
Authority: 5 U.S.C. 301, 7 U.S.C. 1989.
Subpart A—Community Program
Guaranteed Loans
23. Section 3575.51 revised to read as
follows:
■
§ 3575.51 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of strategic community
investment plans on a multijurisdictional and multi-sectoral basis.
PART 4279—GUARANTEED
LOANMAKING
24. The authority citation for part
4279 continues to read as follows:
■
Authority: 5 U.S.C. 301; and 7 U.S.C.
1989: and Public Law 116–136, Division B,
Title I.
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26. The authority citation for part
4280 continues to read as follows:
27. Section 4280.428 revised to read
as follows:
■
§ 4280.428 Strategic economic and
community development.
Applicants with projects that support
the implementation of Strategic
Community Investment Plans are
encouraged to review and consider 7
CFR part 1980, subpart K, which
contains provisions for providing
priority to projects that support the
implementation of Strategic Community
Investment Plans on a multijurisdictional and multi-sectoral basis.
Bette B. Brand,
Deputy Undersecretary, Rural Development.
Richard Fordyce,
Administrator, Farm Service Agency.
[FR Doc. 2020–19825 Filed 9–21–20; 8:45 am]
BILLING CODE 3410–XV–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2020–0166]
RIN 3150–AK50
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment No. 9
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
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The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 9 to Certificate of Compliance No.
1031. Amendment No. 9 revises the
certificate of compliance to add a new
concrete storage overpack; four new
heat load zone patterns and their
associated decay heats that are specific
to Babcock and Wilcox 15x15 fuel
assemblies; a new Babcock & Wilcox
15x15 hybrid fuel assembly type
(BW15H5); and a new maximum
enrichment for the BW15H2 hybrid fuel
assembly, including a new minimum
soluble boron concentration during
loading and unloading operations and
neutron absorber areal density. In
addition, Amendment No. 9 makes nontechnical changes to reorganize
Appendix B of the technical
specifications. These changes are
discussed in more detail in the
‘‘Discussion of Changes’’ section of this
direct final rule.
DATES: This direct final rule is effective
December 7, 2020, unless significant
adverse comments are received by
October 22, 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–2020–0166. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
SUMMARY:
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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 Angella Love
Blair, Office of Nuclear Material Safety
and Safeguards; telephone: 301–415–
3453; email: Angella.LoveBlair@nrc.gov.
Both are staff of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant 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–2020–
0166 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–2020–0166.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section.
• Attention: The Public Document
Room (PDR), where you may examine
and order copies of public documents,
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is currently closed. You may submit
your request to the PDR via email at
PDR.Resource@nrc.gov or call 1–800–
397–4209 between 8:00 a.m. and 4:00
p.m. (EST), Monday through Friday,
except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2020–
0166 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, 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 rule is limited to the changes
contained in Amendment No. 9 to
Certificate of Compliance No. 1031 and
does not include other aspects of the
NAC International, Inc. MAGNASTOR®
Storage System design. The NRC is
using the ‘‘direct final rule procedure’’
to issue this amendment because it
represents a limited and routine change
to an existing certificate of compliance
that is expected to be non-controversial.
The NRC has determined that, with the
requested changes, adequate protection
of public health and safety will continue
to be ensured. The amendment to the
rule will become effective on December
7, 2020. However, if the NRC receives
any significant adverse comment on this
direct final rule by October 22, 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
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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;
or
(3) The comment causes the NRC to
make a change (other than editorial) to
the rule, certificate of compliance, or
technical specifications.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended,
requires that ‘‘[t]he Secretary [of the
Department of Energy] shall establish a
demonstration program, in cooperation
with the private sector, for the dry
storage of spent nuclear fuel at civilian
nuclear power reactor sites, with the
objective of establishing one or more
technologies that the [Nuclear
Regulatory] Commission may, by rule,
approve for use at the sites of civilian
nuclear power reactors without, to the
maximum extent practicable, the need
for additional site-specific approvals by
the Commission.’’ Section 133 of the
Nuclear Waste Policy Act states, in part,
that ‘‘[t]he Commission shall, by rule,
establish procedures for the licensing of
any technology approved by the
Commission under Section 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
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obtaining NRC approval of spent fuel
storage cask designs. The NRC
subsequently issued a final rule on
November 21, 2008 (73 FR 70587), that
approved the NAC International, Inc.
MAGNASTOR® Storage System design
and added it to the list of NRC-approved
cask designs in § 72.214 as Certificate of
Compliance No. 1031.
IV. Discussion of Changes
On October 9, 2019, as supplemented
on April 9, 2020, and June 29, 2020,
NAC International, Inc. submitted a
request to amend Certificate of
Compliance No. 1031 for the
MAGNASTOR® Storage System.
Amendment No. 9 revises the certificate
of compliance as follows:
1. Adds a new concrete storage
overpack, Concrete Cask Number 6
(CC6).
2. Adds four new heat load zone
patterns (X, Y, Z, and Z-Prime) and their
associated decay heats that are specific
to Babcock and Wilcox (B&W) 15x15
fuel assemblies. These new heat load
zone patterns are only authorized for
use with the CC6 and MAGNASTOR®
transfer cask number 2 (MTC2), which
is a shortened, stainless steel version of
the original MTC in the technical
specifications.
3. Adds a new hybrid B&W 15x15 fuel
assembly type (BW15H5).
4. Adds a new maximum enrichment
for the BW15H2 hybrid fuel assembly of
5.0 weight percent of uranium-235, a
new required minimum soluble boron
concentration of 2650 parts per million
of boron-10 during loading and
unloading operations, and neutron
absorber panels that have a required
minimum areal density 0.036 grams of
boron-10 per cubic centimeter.
In addition, Amendment No. 9 makes
non-technical changes to reorganize
Appendix B of the technical
specifications to limit duplication of
material and increase ease of use.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety evaluation of the
proposed certificate of compliance
amendment request. The NRC
determined that this amendment does
not reflect a significant change in design
or fabrication of the cask. Specifically,
the NRC determined that the design of
the cask would continue to 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. 9 would remain well
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59397
within the limits specified by 10 CFR
part 20, ‘‘Standards for Protection
Against Radiation.’’ Thus, the NRC
found there will be no significant
change in the types or amounts of any
effluent released, no significant increase
in the individual or cumulative
radiation exposure, and no significant
increase in the potential for or
consequences from radiological
accidents.
The NRC determined that the
amended NAC International, Inc.
MAGNASTOR® Storage System cask
design, when used under the conditions
specified in the certificate of
compliance, the technical
specifications, and the NRC’s
regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate
protection of public health and safety
will continue to be 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
NAC International, Inc. MAGNASTOR®
Storage System casks that meet the
criteria of Amendment No. 9 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 revises the NAC International, Inc.
MAGNASTOR® Storage System design
listed in § 72.214, ‘‘List of approved
spent fuel storage casks.’’ This action
does not constitute the establishment of
a standard that contains generally
applicable requirements.
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—Areas of Exclusive NRC
Regulatory Authority. 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.
Therefore, compatibility is not required
for program elements in this category.
Although an Agreement State may not
adopt program elements reserved to the
NRC, and the Category ‘‘NRC’’ does not
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations
confer regulatory authority on the State,
the State may wish to inform its
licensees of certain requirements by
means consistent with the particular
State’s administrative procedure laws.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
VIII. Environmental Assessment and
Finding of No Significant 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 International, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 9 to Certificate of Compliance No.
1031.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the NAC
International, Inc. MAGNASTOR®
Storage System design within the list of
approved spent fuel storage casks to
allow power reactor licensees to store
spent fuel at reactor sites in casks with
the approved modifications under a
general license. Specifically,
Amendment No. 9 revises the certificate
of compliance to add (1) a new concrete
storage overpack; (2) four new heat load
zone patterns and their associated decay
heats that are specific to B&W 15x15
fuel assemblies; (3) a new B&W 15x15
hybrid fuel assembly type (BW15H5);
and (4) a new maximum enrichment for
the BW15H2 hybrid fuel assembly,
including a new minimum soluble
boron concentration during loading and
unloading operations and neutron
absorber areal density. In addition,
Amendment No. 9 makes non-technical
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changes to reorganize Appendix B of the
technical specifications.
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
analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for
Amendment No. 9 tiers off of the
environmental assessment for the July
18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The NAC International, Inc.
MAGNASTOR® Storage System is
designed to mitigate the effects of design
basis accidents that could occur during
storage. Design basis accidents account
for human-induced events and the most
severe natural phenomena reported for
the site and surrounding area.
Postulated accidents analyzed for an
independent spent fuel storage
installation, the type of facility at which
a holder of a power reactor operating
license would store spent fuel in casks
in accordance with 10 CFR part 72, can
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. 9 would remain well
within the 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
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in the potential for or consequences
from, radiological accidents. The NRC
documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 9 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 International,
Inc. MAGNASTOR® Storage System in
accordance with the changes described
in proposed Amendment No. 9 would
have to request an exemption from the
requirements of §§ 72.212 and 72.214.
Under this alternative, interested
licensees would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee. The environmental impacts
would be the same as the proposed
action.
E. Alternative Use of Resources
Approval of Amendment No. 9 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,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions.’’ Based on the
foregoing environmental assessment, the
NRC concludes that this direct final rule
entitled ‘‘List of Approved Spent Fuel
Storage Casks: NAC International, Inc.
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment No. 9’’ 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
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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 International,
Inc. 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).
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 (1)
it 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 NAC International, Inc.
MAGNASTOR® Storage System design
by adding it to the list of NRC-approved
cask designs in § 72.214.
On October 9, 2019, as supplemented
on April 9, 2020, and June 29, 2020,
NAC International, Inc. submitted a
request to amend the MAGNASTOR®
Storage System as described in Section
IV, ‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment No. 9
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the NAC International,
Inc. MAGNASTOR® Storage System
under the changes described in
Amendment No. 9 to request an
exemption from the requirements of
§§ 72.212 and 72.214. Under this
alternative, each interested 10 CFR part
72 licensee would have to prepare, and
the NRC would have to review, a
separate exemption request, thereby
increasing the administrative burden
upon the NRC and the costs to each
licensee.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the
preliminary safety evaluation report and
environmental assessment, this direct
final rule will have no adverse effect on
public health and safety or the
environment. This direct final rule has
no significant identifiable impact or
benefit on other government agencies.
Based on this regulatory analysis, the
NRC concludes that the requirements of
this direct final rule are commensurate
with the NRC’s responsibilities for
public health and safety and the
common defense and security. No other
available alternative is believed to be as
satisfactory, and therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (§ 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 International, Inc.
MAGNASTOR® Storage System, as
currently listed in § 72.214. The revision
consists of the changes in Amendment
No. 9 previously described, as set forth
in the revised certificate of compliance
and technical specifications.
Amendment No. 9 to Certificate of
Compliance No. 1031 for the NAC
International, Inc. MAGNASTOR®
Storage System was initiated by NAC
International, Inc. and was not
submitted in response to new NRC
requirements, or an NRC request for
amendment. Amendment No. 9 applies
only to new casks fabricated and used
under Amendment No. 9. These changes
do not affect existing users of the NAC
International, Inc. MAGNASTOR®
Storage System, and previous
amendments continue to be effective for
existing users. While current users of
this storage system may comply with
the new requirements in Amendment
No. 9, this would be a voluntary
decision on the part of current users.
For these reasons, Amendment No. 9
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 has not prepared
a backfit analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
XIV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS Accession No./web link/
Federal Register citation
Document
Redacted SAR for MAGNASTOR® Amendment 9, dated October 29, 2019 ..............................................
Submission of Responses to the U.S. Nuclear Regulatory Commission Request for Additional Information for Amendment No. 9 to Certificate of Compliance No. 1031 for the NAC International
MAGNASTOR® Cask System, dated April 9, 2020.
Submission of a Supplement to NAC’s Request for Amendment No. 9 to Certificate of Compliance No.
1031 for the NAC International MAGNASTOR® Cask System, dated June 29, 2020.
Memo—User Need for Rulemaking for the NAC International MAGNASTOR® Cask System Certificate
of Compliance No. 1031, Amendment No. 9, dated July 28, 2020.
Draft Proposed Certificate of Compliance No. 1031, Amendment 9 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment 9—Appendix A, Technical Specifications .....
Proposed Certificate of Compliance No. 1031, Amendment 9—Appendix B, Technical Specifications .....
Certificate of Compliance No. 1031, Amendment 9—Preliminary Safety Evaluation Report ......................
The NRC may post materials related
to this document, including public
VerDate Sep<11>2014
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comments, on the Federal Rulemaking
website at https://www.regulations.gov
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ML19302F268 (package).
ML20108F319 (package).
ML20192A118.
ML20174A551.
ML20174A552.
ML20174A553.
ML20174A554.
ML20174A555.
under Docket ID NRC–2020–0166. The
Federal Rulemaking website allows you
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder NRC–2020–0166; (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 amending 10
CFR part 72 to read as follows:
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:
■
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.
Amendment Number 9, Effective
Date: December 7, 2020.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
Docket Number: 72–1031.
Certificate Expiration Date: February
4, 2029.
Model Number: MAGNASTOR®.
*
*
*
*
*
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.
Dated this September 4, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
2. In § 72.214, Certificate of
Compliance No. 1031 is revised to read
as follows:
[Docket No. FAA–2020–0798; Notice No. 23–
20–01–NOA]
■
[FR Doc. 2020–20666 Filed 9–21–20; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
§ 72.214 List of approved spent fuel
storage casks.
Accepted Means of Compliance;
Airworthiness Standards: Normal
Category Airplanes
*
AGENCY:
*
*
*
*
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.
VerDate Sep<11>2014
16:32 Sep 21, 2020
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Federal Aviation
Administration, DOT
ACTION: Notification of availability.
This document announces the
availability of means of compliance to
the applicable airworthiness standards
for normal category airplanes. The
Administrator finds these means of
compliance to be an acceptable means,
but not the only means, of showing
compliance to the applicable
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
airworthiness standards for normal
category airplanes and that they provide
an appropriate level of safety.
DATES: Effective September 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Andy Supinie, Federal Aviation
Administration, Policy and Innovation
Division, Small Airplane Standards
Branch, AIR–690, 901 Locust Street,
Room 301, Kansas City, Missouri 64106;
telephone (316) 946–4150; facsimile:
(316) 946–4107; email: andrew.supinie@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background: Under the provisions of
the National Technology Transfer and
Advancement Act of 1995 1 and Office
of Management and Budget (OMB)
Circular A–119, ‘‘Federal Participation
in the Development and Use of
Voluntary Consensus Standards and in
Conformity Assessment Activities,’’
effective January 27, 2016, the FAA
participates in the development of
consensus standards and uses
consensus standards as a means of
carrying out its policy objectives where
appropriate.
Consistent with the Small Airplane
Revitalization Act of 2013,2 the FAA has
been working with industry and other
stakeholders lop consensus standards
for use as a means of compliance in
certificating small airplanes under Title
14, Code of Federal Regulations (14
CFR) part 23. In promulgating part 23,
amendment 23–64 3 (81 FR 96572,
December 30, 2016), the FAA explained
that if it determined such consensus
standards were acceptable means of
compliance to part 23, it would publish
a notice of availability of those
consensus standards in the Federal
Register.
Pursuant to FAA Advisory Circular
23.2010–1,4 ‘‘FAA Accepted Means of
Compliance Process for 14 CFR part
23,’’ section 3.1.1, this notice serves as
a formal acceptance by the
Administrator of means of compliance
based on consensus standards
developed by ASTM. The means of
compliance accepted by this notice are
one means, but not the only means of
complying with part 23 regulatory
requirements.
The FAA reviewed 35 published
ASTM consensus standards, developed
by ASTM Committee F44, as the basis
for means of compliance to 65 sections
1 Ref Public Law 104–113 as amended by Public
Law 107–107.
2 Ref Public Law 113–53.
3 See https://www.federalregister.gov/documents/
2016/12/30/2016-30246/revision-of-airworthinessstandards-for-normal-utility-acrobatic-andcommuter-category-airplanes.
4 See https://rgl.faa.gov/.
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]]>Agencies
[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Rules and Regulations]
[Pages 59395-59400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20666]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2020-0166]
RIN 3150-AK50
List of Approved Spent Fuel Storage Casks: NAC International,
Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No.
1031, Amendment No. 9
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
[[Page 59396]]
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the NAC International, Inc.
MAGNASTOR[supreg] Storage System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 9 to Certificate of
Compliance No. 1031. Amendment No. 9 revises the certificate of
compliance to add a new concrete storage overpack; four new heat load
zone patterns and their associated decay heats that are specific to
Babcock and Wilcox 15x15 fuel assemblies; a new Babcock & Wilcox 15x15
hybrid fuel assembly type (BW15H5); and a new maximum enrichment for
the BW15H2 hybrid fuel assembly, including a new minimum soluble boron
concentration during loading and unloading operations and neutron
absorber areal density. In addition, Amendment No. 9 makes non-
technical changes to reorganize Appendix B of the technical
specifications. These changes are discussed in more detail in the
``Discussion of Changes'' section of this direct final rule.
DATES: This direct final rule is effective December 7, 2020, unless
significant adverse comments are received by October 22, 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-2020-0166. 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.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
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 Angella Love Blair, Office of Nuclear Material
Safety and Safeguards; telephone: 301-415-3453; 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 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-2020-0166 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-2020-0166.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents, is currently closed. You
may submit your request to the PDR via email at [email protected] or
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2020-0166 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, 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 rule is limited to the changes contained in Amendment No. 9 to
Certificate of Compliance No. 1031 and does not include other aspects
of the NAC International, Inc. MAGNASTOR[supreg] Storage System design.
The NRC is using the ``direct final rule procedure'' to issue this
amendment because it represents a limited and routine change to an
existing certificate of compliance that is expected to be non-
controversial. The NRC has determined that, with the requested changes,
adequate protection of public health and safety will continue to be
ensured. The amendment to the rule will become effective on December 7,
2020. However, if the NRC receives any significant adverse comment on
this direct final rule by October 22, 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
[[Page 59397]]
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; or
(3) The comment causes the NRC to make a change (other than
editorial) to the rule, certificate of compliance, or technical
specifications.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
requires that ``[t]he Secretary [of the Department of Energy] shall
establish a demonstration program, in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian nuclear
power reactor sites, with the objective of establishing one or more
technologies that the [Nuclear Regulatory] Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the Nuclear
Waste Policy Act states, in part, that ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under Section 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 (73 FR 70587), that approved the NAC International,
Inc. MAGNASTOR[supreg] Storage System design and added it to the list
of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance No. 1031.
IV. Discussion of Changes
On October 9, 2019, as supplemented on April 9, 2020, and June 29,
2020, NAC International, Inc. submitted a request to amend Certificate
of Compliance No. 1031 for the MAGNASTOR[supreg] Storage System.
Amendment No. 9 revises the certificate of compliance as follows:
1. Adds a new concrete storage overpack, Concrete Cask Number 6
(CC6).
2. Adds four new heat load zone patterns (X, Y, Z, and Z-Prime) and
their associated decay heats that are specific to Babcock and Wilcox
(B&W) 15x15 fuel assemblies. These new heat load zone patterns are only
authorized for use with the CC6 and MAGNASTOR[supreg] transfer cask
number 2 (MTC2), which is a shortened, stainless steel version of the
original MTC in the technical specifications.
3. Adds a new hybrid B&W 15x15 fuel assembly type (BW15H5).
4. Adds a new maximum enrichment for the BW15H2 hybrid fuel
assembly of 5.0 weight percent of uranium-235, a new required minimum
soluble boron concentration of 2650 parts per million of boron-10
during loading and unloading operations, and neutron absorber panels
that have a required minimum areal density 0.036 grams of boron-10 per
cubic centimeter.
In addition, Amendment No. 9 makes non-technical changes to
reorganize Appendix B of the technical specifications to limit
duplication of material and increase ease of use.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. The NRC determined that this amendment does not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of the cask would
continue to 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.
9 would remain well within the limits specified by 10 CFR part 20,
``Standards for Protection Against Radiation.'' Thus, the NRC found
there will be no significant change in the types or amounts of any
effluent released, no significant increase in the individual or
cumulative radiation exposure, and no significant increase in the
potential for or consequences from radiological accidents.
The NRC determined that the amended NAC International, Inc.
MAGNASTOR[supreg] Storage System cask design, when used under the
conditions specified in the certificate of compliance, the technical
specifications, and the NRC's regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate protection of public health and
safety will continue to be 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 NAC International, Inc. MAGNASTOR[supreg]
Storage System casks that meet the criteria of Amendment No. 9 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 revises the
NAC International, Inc. MAGNASTOR[supreg] Storage System design listed
in Sec. 72.214, ``List of approved spent fuel storage casks.'' This
action does not constitute the establishment of a standard that
contains generally applicable requirements.
VI. Agreement State Compatibility
Under the ``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--Areas of Exclusive NRC Regulatory
Authority. 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. Therefore, compatibility is not required for program
elements in this category. Although an Agreement State may not adopt
program elements reserved to the NRC, and the Category ``NRC'' does not
[[Page 59398]]
confer regulatory authority on the State, the State may wish to inform
its licensees of certain requirements by means consistent with the
particular State's administrative procedure laws.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant 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
International, Inc. MAGNASTOR[supreg] Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
9 to Certificate of Compliance No. 1031.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC International, Inc. MAGNASTOR[supreg] Storage System design within
the list of approved spent fuel storage casks to allow power reactor
licensees to store spent fuel at reactor sites in casks with the
approved modifications under a general license. Specifically, Amendment
No. 9 revises the certificate of compliance to add (1) a new concrete
storage overpack; (2) four new heat load zone patterns and their
associated decay heats that are specific to B&W 15x15 fuel assemblies;
(3) a new B&W 15x15 hybrid fuel assembly type (BW15H5); and (4) a new
maximum enrichment for the BW15H2 hybrid fuel assembly, including a new
minimum soluble boron concentration during loading and unloading
operations and neutron absorber areal density. In addition, Amendment
No. 9 makes non-technical changes to reorganize Appendix B of the
technical specifications.
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 analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for Amendment No. 9 tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act of 1969, as amended.
The NAC International, Inc. MAGNASTOR[supreg] Storage System is
designed to mitigate the effects of design basis accidents that could
occur during storage. Design basis accidents account for human-induced
events and the most severe natural phenomena reported for the site and
surrounding area. Postulated accidents analyzed for an independent
spent fuel storage installation, the type of facility at which a holder
of a power reactor operating license would store spent fuel in casks in
accordance with 10 CFR part 72, can 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. 9 would remain well within the 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 from,
radiological accidents. The NRC documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
9 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
International, Inc. MAGNASTOR[supreg] Storage System in accordance with
the changes described in proposed Amendment No. 9 would have to request
an exemption from the requirements of Sec. Sec. 72.212 and 72.214.
Under this alternative, interested licensees would have to prepare, and
the NRC would have to review, a separate exemption request, thereby
increasing the administrative burden upon the NRC and the costs to each
licensee. The environmental impacts would be the same as the proposed
action.
E. Alternative Use of Resources
Approval of Amendment No. 9 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,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule entitled
``List of Approved Spent Fuel Storage Casks: NAC International, Inc.
MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 1031,
Amendment No. 9'' 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
[[Page 59399]]
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 International, Inc. 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 (1) it 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 NAC International, Inc. MAGNASTOR[supreg]
Storage System design by adding it to the list of NRC-approved cask
designs in Sec. 72.214.
On October 9, 2019, as supplemented on April 9, 2020, and June 29,
2020, NAC International, Inc. submitted a request to amend the
MAGNASTOR[supreg] Storage System as described in Section IV,
``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 9 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the NAC International, Inc.
MAGNASTOR[supreg] Storage System under the changes described in
Amendment No. 9 to request an exemption from the requirements of
Sec. Sec. 72.212 and 72.214. Under this alternative, each interested
10 CFR part 72 licensee would have to prepare, and the NRC would have
to review, a separate exemption request, thereby increasing the
administrative burden upon the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report and environmental assessment, this direct final rule will have
no adverse effect on public health and safety or the environment. This
direct final rule has no significant identifiable impact or benefit on
other government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory, and therefore, this
action is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (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 International, Inc. MAGNASTOR[supreg] Storage System,
as currently listed in Sec. 72.214. The revision consists of the
changes in Amendment No. 9 previously described, as set forth in the
revised certificate of compliance and technical specifications.
Amendment No. 9 to Certificate of Compliance No. 1031 for the NAC
International, Inc. MAGNASTOR[supreg] Storage System was initiated by
NAC International, Inc. and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 9 applies
only to new casks fabricated and used under Amendment No. 9. These
changes do not affect existing users of the NAC International, Inc.
MAGNASTOR[supreg] Storage System, and previous amendments continue to
be effective for existing users. While current users of this storage
system may comply with the new requirements in Amendment No. 9, this
would be a voluntary decision on the part of current users.
For these reasons, Amendment No. 9 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 has not prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS Accession No./
Document web link/ Federal
Register citation
------------------------------------------------------------------------
Redacted SAR for MAGNASTOR[supreg] Amendment 9, ML19302F268 (package).
dated October 29, 2019.
Submission of Responses to the U.S. Nuclear ML20108F319 (package).
Regulatory Commission Request for Additional
Information for Amendment No. 9 to Certificate
of Compliance No. 1031 for the NAC
International MAGNASTOR[supreg] Cask System,
dated April 9, 2020.
Submission of a Supplement to NAC's Request for ML20192A118.
Amendment No. 9 to Certificate of Compliance
No. 1031 for the NAC International
MAGNASTOR[supreg] Cask System, dated June 29,
2020.
Memo--User Need for Rulemaking for the NAC ML20174A551.
International MAGNASTOR[supreg] Cask System
Certificate of Compliance No. 1031, Amendment
No. 9, dated July 28, 2020.
Draft Proposed Certificate of Compliance No. ML20174A552.
1031, Amendment 9.
Proposed Certificate of Compliance No. 1031, ML20174A553.
Amendment 9--Appendix A, Technical
Specifications.
Proposed Certificate of Compliance No. 1031, ML20174A554.
Amendment 9--Appendix B, Technical
Specifications.
Certificate of Compliance No. 1031, Amendment 9-- ML20174A555.
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-2020-0166. The Federal
Rulemaking website allows you
[[Page 59400]]
to receive alerts when changes or additions occur in a docket folder.
To subscribe: (1) Navigate to the docket folder NRC-2020-0166; (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 amending 10 CFR part 72
to read as follows:
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.
Amendment Number 9, Effective Date: December 7, 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 this September 4, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-20666 Filed 9-21-20; 8:45 am]
BILLING CODE 7590-01-P
