List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS® Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 8, 42681-42686 [2021-16702]
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Rules and Regulations
Federal Register
Vol. 86, No. 148
Thursday, August 5, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
PART 407—AREA RISK PROTECTION
INSURANCE REGULATIONS
1. The authority citation for part 407
continues to read as follows:
DEPARTMENT OF AGRICULTURE
■
Federal Crop Insurance Corporation
Authority: 7 U.S.C. 1506(l) and 1506(o).
7 CFR Part 407
§ 407.9
[Docket ID FCIC–21–0005]
■
Area Risk Protection Insurance
Regulations
Richard Flournoy,
Acting Manager, Federal Crop Insurance
Corporation.
Federal Crop Insurance
Corporation, U.S. Department of
Agriculture (USDA).
ACTION: Correcting amendment.
AGENCY:
[FR Doc. 2021–16539 Filed 8–4–21; 8:45 am]
BILLING CODE 3410–08–P
On June 30, 2021, the Federal
Crop Insurance Corporation revised the
Area Risk Protection Insurance (ARPI)
Regulations and Common Crop
Insurance Policy (CCIP) Basic
Provisions. That final rule inadvertently
failed to revise the applicable crop year
in the introductory text of the ARPI
policy. This document makes the
correction.
SUMMARY:
DATES:
Effective August 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Francie Tolle; telephone (816) 926–
7730; email francie.tolle@usda.gov.
Persons with disabilities who require
alternative means of communication
should contact the USDA Target Center
at (202) 720–2600 or 844–433–2774.
SUPPLEMENTARY INFORMATION:
Background
The Area Risk Protection Insurance
(ARPI) Regulations in 7 CFR 407 were
revised by a final rule published in the
Federal Register on June 30, 2021 (86
FR 34606–34611). That final rule
inadvertently failed to revise the
applicable crop year in the introductory
text of the ARPI policy. 2022 is the
effective crop year. This document
makes that correction.
List of Subjects in 7 CFR Part 407
Acreage allotments, Administrative
practice and procedure, Barley, Corn,
Cotton, Crop insurance, Peanuts,
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[Corrected]
2. In § 407.9, in the introductory text,
remove the year ‘‘2021’’ and add ‘‘2022’’
in its place.
RIN 0563–AC74
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Reporting and recordkeeping
requirements, Sorghum, Soybeans,
Wheat.
Accordingly, 7 CFR part 407 is
corrected by making the following
correcting amendment:
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NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2021–0052]
RIN 3150–AK63
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International NAC–
UMS® Universal Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 8 to Certificate of Compliance No.
1015. Amendment No. 8 revises the
certificate of compliance to: Add the
storage of damaged boiling-water reactor
spent fuel, including higher enrichment
and higher burnup spent fuel; change
the allowable fuel burnup range; expand
the boiling-water reactor class 5 fuel
inventory that could be stored in the
cask; and revise definitions in the
technical specifications.
SUMMARY:
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Submit your comments,
identified by Docket ID NRC–2021–
0052, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
List of Approved Spent Fuel Storage
Casks: NAC International NAC–UMS®
Universal Storage System, Certificate
of Compliance No. 1015, Amendment
No. 8
PO 00000
This direct final rule is effective
October 19, 2021, unless significant
adverse comments are received by
September 7, 2021. 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.
DATES:
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Bernard White, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6577; email:
Bernard.White@nrc.gov or James Firth,
Office of Nuclear Material Safety and
Safeguards; telephone: 301–415–6628,
email: James.Firth@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
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2021–
0052 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–2021–0052. Address
questions about NRC dockets to Dawn
Forder, telephone: 301–415–3407,
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• 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 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 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 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.
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B. Submitting Comments
Please include Docket ID NRC–2021–
0052 in your comment submission. The
NRC requests that you submit comments
through the Federal rulemaking website
at https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
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.
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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 rule is limited to the changes
contained in Amendment No. 8 to
Certificate of Compliance No. 1015 and
does not include other aspects of the
NAC International NAC–UMS®
Universal Storage System cask 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 reasonably assured. The
amendment to the rule will become
effective on October 19, 2021. However,
if the NRC receives any significant
adverse comment on this direct final
rule by September 7, 2021, then the
NRC will publish a document that
withdraws this action and will
subsequently address the comments
received in a final rule as a response to
the companion proposed rule published
in the Proposed Rules section of this
issue of the Federal Register. Absent
significant modifications to the
proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC to
reevaluate (or reconsider) its position or
conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
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(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.
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 that 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 casks approved for use
under the terms, conditions, and
specifications of their certificate of
compliance or an amended certificate of
compliance pursuant to this general
license are listed in § 72.214. The NRC
subsequently issued a final rule on
October 19, 2000 (65 FR 62581), that
approved the NAC International NAC–
UMS® Universal Storage System cask
system design and added it to the list of
NRC-approved cask designs in § 72.214
as Certificate of Compliance No. 1015.
IV. Discussion of Changes
On December 18, 2018, as
supplemented on April 24, 2020, and
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August 7, 2020, NAC International
submitted an application to amend the
NAC International NAC–UMS®
Universal Storage System and the
associated technical specifications for
its use. The NAC International NAC–
UMS® Universal Storage System
consists of the following components: A
transportable storage canister (TSC),
which contains the spent fuel; a vertical
concrete cask, which contains the TSC
during storage; and a transfer cask,
which contains the TSC during loading,
unloading, and transfer operations.
Amendment 8 would allow the storage
of up to four damaged spent nuclear fuel
assemblies from boiling-water reactors
per cask and would allow a basket to
hold the damaged boiling-water reactor
spent nuclear fuel. Amendment No. 8
revises the certificate of compliance to
(1) add the storage of damaged boilingwater reactor spent fuel, including
higher enrichment and higher burnup
spent fuel; (2) change the allowable fuel
burnup range; (3) expand the boilingwater reactor class 5 fuel inventory that
could be stored in the cask; and (4)
change definitions in the technical
specifications that are associated with
the contents of the spent nuclear fuel
stored in the cask (e.g., high burnup fuel
and initial peak planar-average
enrichment).
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 maintain
confinement, 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.’’ 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 staff determined that the
amended NAC International NAC–
UMS® Universal Storage System cask
design, when used under the conditions
specified in the certificate of
compliance, the technical
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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
the NAC International NAC–UMS®
Universal Storage System that meet the
criteria of Amendment No. 8 to
Certificate of Compliance No. 1015.
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
NAC–UMS® Universal Storage System
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
confer regulatory authority on the State,
the State may wish to inform its
licensees of certain requirements by
means consistent with the 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).
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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 NAC–
UMS® Universal Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 8 to Certificate of Compliance No.
1015.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the NAC
International NAC–UMS® Universal
Storage System 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. 8 would allow the
storage of up to four damaged spent
nuclear fuel assemblies from boilingwater reactors per cask and would allow
a basket to hold the damaged boilingwater reactor spent nuclear fuel.
Amendment 8 would change the
allowable fuel burnup range.
Amendment 8 expands the boilingwater reactor class 5 fuel inventory that
could be stored in the cask. Amendment
8 would also include changes to
definitions in the technical
specifications that are associated with
the contents of the spent nuclear fuel
stored in the cask (i.e., high burnup fuel
and initial peak planar-average
enrichment).
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 this
Amendment No. 8 tiers off of the
environmental assessment for the July
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18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The NAC International NAC–UMS®
Universal Storage System is designed to
mitigate the effects of design basis
accidents that could occur during
storage. Design basis accidents account
for human-induced events and the most
severe natural phenomena reported for
the site and surrounding area.
Postulated accidents analyzed for an
independent spent fuel storage
installation, the type of facility at which
a holder of a power reactor operating
license would store spent fuel in casks
in accordance with 10 CFR part 72, 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 provide
confinement, shielding, and criticality
control in the event of each evaluated
accident condition. If confinement,
shielding, and criticality control are
maintained, 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 the 10 CFR
part 20 limits. Therefore, the proposed
changes will not result in any
radiological or non-radiological
environmental impacts that significantly
differ from the environmental impacts
evaluated in the environmental
assessment supporting the July 18, 1990,
final rule. There will be no significant
change in the types or significant
revisions in the amounts of any effluent
released, no significant increase in the
individual or cumulative radiation
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. 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–UMS®
Universal Storage 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.
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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. 8 to
Certificate of Compliance No. 1015
would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
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, ‘‘List of Approved Spent Fuel
Storage Casks: NAC International NAC–
UMS® Universal Storage System,
Certificate of Compliance No. 1015,
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
The Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) (RFA) requires
agencies to consider the impact of their
rules on small entities, including small
businesses, not-for-profit organizations,
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and small governmental jurisdictions.
Agencies must perform a review to
determine whether a rule will have a
significant economic impact on a
substantial number of small entities. If
the agency determines that it will, the
agency must prepare a regulatory
flexibility analysis as described in
sections 603 and 604 of the RFA.
However, if an agency determines that
a rule is not expected to have a
significant economic impact on a
substantial number of small entities,
section 605(b) of the RFA provides that
a regulatory flexibility analysis is not
required if the head of the agency
certifies that the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. The
certification must include a statement
providing the factual basis for this
determination and the reasoning should
be clear. The Executive Director for
Operations has been delegated the
authority to ensure this rule complies
with the Regulatory Flexibility Act.
The NRC has established size
standards at 10 CFR 2.810. This direct
final rule affects only those authorized
to possess or operate nuclear power
reactors and NAC International. NAC
International is owned by Hitz Holdings
U.S.A. Inc., a wholly owned subsidiary
of Hitachi Zosen Corporation, which is
not a small entity. Under 10 CFR
2.810(e), a licensee who is a subsidiary
of a large entity does not qualify as a
small entity. This direct final rule
would allow persons authorized to
possess or operate a nuclear power
reactor, who hold a general license
under § 72.210, consistent with the
license conditions under § 72.212, to
load spent nuclear fuel into the NAC
International NAC–UMS® Universal
Storage System that meet the criteria of
Amendment No. 8 to Certificate of
Compliance No. 1015. The use of this
general license to store spent nuclear
fuel using Amendment No. 8 to
Certificate of Compliance No. 1015
would reduce the need for and burden
from requesting additional site-specific
approvals and exemptions. Also, based
on the NRC size standards at 10 CFR
2.810, none of the existing nuclear
power plants storing spent nuclear fuel
are small entities. Pursuant to its
delegated authority, the Executive
Director for Operations certifies under
section 605 of the Regulatory Flexibility
Act ‘‘that the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities.’’
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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) and the conditions
of the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On October 19, 2000 (65 FR
62581), the NRC issued an amendment
to 10 CFR part 72 that approved the
NAC International NAC–UMS®
Universal Storage System by adding it to
the list of NRC-approved cask designs in
§ 72.214.
On December 18, 2018, as
supplemented on April 24, 2020, and
August 7, 2020, NAC International
submitted an application to amend the
NAC International NAC–UMS®
Universal Storage System as described
in Section IV, ‘‘Discussion of Changes,’’
of this document. When this direct final
rule becomes effective, persons
authorized to possess or operate a
nuclear power reactor and who hold a
general license under § 72.210 would be
allowed to load spent nuclear fuel into
the NAC International NAC–UMS®
Universal Storage System that meet the
criteria of Amendment No. 8 to
Certificate of Compliance No. 1015,
consistent with the license conditions
under § 72.212.
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 International
NAC–UMS® Universal Storage 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
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; 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. 1015 for the NAC International
NAC–UMS® Universal Storage 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. 1015 for the NAC
International NAC–UMS® Universal
Storage System was initiated by NAC
International and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Amendment No. 8 applies only to new
casks fabricated and used under
Amendment No. 8. These changes do
not affect existing users of the NAC
International NAC–UMS® Universal
Storage System, and the current
Amendment No. 7 continues to be
effective for existing users. While
current users of this storage system 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. 1015
does not constitute backfitting under
§ 72.62 or § 50.109(a)(1), or otherwise
represent an inconsistency with the
issue finality provisions applicable to
combined licenses in 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, as indicated.
Document
ADAMS accession No.
Submission of a Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1015 for the NAC–
UMS Cask System, December 18, 2019.
Application for Amendment No. 8 to the Model No. NAC–UMS Storage Cask—Acceptance Letter, March 17, 2020 .....................
NAC International, Submittal of Supplement to Amend the NRC Certificate of Compliance No. 1015 for the NAC–UMS Cask
System, April 24, 2020.
Application for Amendment No. 8 to the Model No. NAC–UMS Storage Cask—Request for Additional Information, June 25,
2020.
Submission of Responses to the U.S. Nuclear Regulatory Commission Request for Additional Information for Certificate of
Compliance No. 1015 for the NAC–UMS Cask System, August 7, 2020.
Memorandum to J. Cai re: User Need for Rulemaking for Amendment No. 8 Request, February 23, 2021 ....................................
Proposed Certificate of Compliance No. 1015 Amendment No. 8, Technical Specifications, Appendix A .......................................
Proposed Certificate of Compliance No. 1015, Amendment No. 8, Technical Specifications Appendix B .......................................
Draft Certificate of Compliance No. 1015 Amendment No. 8 ............................................................................................................
Certificate of Compliance No. 1015 Amendment No. 8, Preliminary Safety Evaluation Report ........................................................
ML20006D749
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–2021–0052.
VerDate Sep<11>2014
16:02 Aug 04, 2021
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List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
PO 00000
Frm 00005
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ML20076A546
ML20122A201
ML20170A800
ML20227A066
ML20358A255
ML20358A257
ML20358A258
ML20358A256
ML20358A259
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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
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.
2. In § 72.214, revise Certificate of
Compliance No. 1015 to read as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
Certificate Number: 1015.
Initial Certificate Effective Date:
November 20, 2000.
Amendment Number 1 Effective Date:
February 20, 2001.
Amendment Number 2 Effective Date:
December 31, 2001.
Amendment Number 3 Effective Date:
March 31, 2004.
Amendment Number 4 Effective Date:
October 11, 2005.
Amendment Number 5 Effective Date:
January 12, 2009.
Amendment Number 6 Effective Date:
January 7, 2019.
Amendment Number 7 Effective Date:
July 29, 2019.
Amendment Number 8 Effective Date:
October 19, 2021.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the NAC–UMS Universal
Storage System.
Docket Number: 72–1015.
Certificate Expiration Date: November
20, 2020.
Model Number: NAC–UMS.
*
*
*
*
*
Dated: July 26, 2021.
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[FR Doc. 2021–16702 Filed 8–4–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 7
[Docket ID OCC–2020–0026]
RIN 1557–AF11
1. The authority citation for part 72
continues to read as follows:
■
*
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
National Banks and Federal Savings
Associations as Lenders
Office of the Comptroller of the
Currency, Treasury.
ACTION: Final rule; Congressional
Review Act revocation.
AGENCY:
Under the Congressional
Review Act (CRA), Congress has passed
and the President has signed a joint
resolution disapproving the Office of the
Comptroller of the Currency’s (OCC)
final rule titled ‘‘National Banks and
Federal Savings Associations as
Lenders.’’ This final rule established a
test to determine when a national bank
or Federal savings association (bank)
makes a loan and is the ‘‘true lender,’’
including in the context of a
relationship between a bank and a third
party, such as a marketplace lender.
Under the joint resolution and by
operation of the CRA, this rule has no
legal force or effect. The OCC is hereby
removing it from the Code of Federal
Regulations.
SUMMARY:
DATES:
This action is effective August 5,
2021.
FOR FURTHER INFORMATION CONTACT:
Andra Shuster, Senior Counsel, Karen
McSweeney, Special Counsel, Alison
MacDonald, Special Counsel, or
Priscilla Benner, Senior Attorney, Chief
Counsel’s Office, (202) 649–5490, Office
of the Comptroller of the Currency, 400
7th Street SW, Washington, DC 20219.
For persons who are deaf or hearing
impaired, TTY users may contact (202)
649–5597.
SUPPLEMENTARY INFORMATION: On July
22, 2020, the Office of the Comptroller
of the Currency (OCC) published in the
Federal Register a notice of proposed
rulemaking proposing a test to
determine when a national bank or
Federal savings association (bank)
makes a loan and is the ‘‘true lender’’
(85 FR 44223). The OCC published the
final rule, titled ‘‘National Banks and
Federal Savings Associations as
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Lenders’’ and codified at 12 CFR 7.1031,
in the Federal Register on October 30,
2020 (85 FR 68742). The final rule
provided that a bank makes a loan if, as
of the date of origination, it (1) is named
as the lender in the loan agreement or
(2) funds the loan. The final rule became
effective on December 29, 2020.
The United States Senate passed a
joint resolution (S.J. Res. 15) on May 11,
2021 disapproving of the rule under the
Congressional Review Act (CRA) (5
U.S.C. 801 et seq.). The United States
House of Representative passed S.J. Res.
15 on June 24, 2021. President Joseph R.
Biden signed the joint resolution into
law as Public Law 117–24 on June 30,
2021. Under the joint resolution and by
operation of the CRA, the rule has no
legal force or effect. Accordingly, the
OCC is hereby removing 12 CFR 7.1031
from the Code of Federal Regulations
(CFR).
This action is not an exercise of the
OCC’s rulemaking authority under the
Administrative Procedure Act (APA)
because the OCC is not ‘‘formulating,
amending, or repealing a rule’’ under 5
U.S.C. 551(5). Rather, the OCC is
effectuating changes to the CFR to
reflect what congressional action has
already accomplished. Accordingly, the
OCC is not soliciting comments on this
action, nor is it delaying the effective
date.
List of Subjects in 12 CFR Part 7
Computer technology, Credit,
Derivatives, Federal savings
associations, Insurance, Investments,
Metals, National banks, Reporting and
recordkeeping requirements, Securities,
Security bonds.
Office of the Comptroller of the
Currency
For the reasons set forth above, and
pursuant to the CRA (5 U.S.C. 801 et
seq.) and Public Law 117–24, 135 Stat.
296, the OCC amends 12 CFR part 7 as
follows:
PART 7—ACTIVITIES AND
OPERATIONS
1. The authority citation for part 7
continues to read as follows:
■
Authority: 12 U.S.C. 1 et seq., 25b, 29, 71,
71a, 92, 92a, 93, 93a, 95(b)(1), 371, 371d, 481,
484, 1462a, 1463, 1464, 1465, 1818, 1828,
3102(b), and 5412(b)(2)(B).
§ 7.1031
■
[Removed]
2. Remove § 7.1031.
Michael J. Hsu,
Acting Comptroller of the Currency.
[FR Doc. 2021–16619 Filed 8–4–21; 8:45 am]
BILLING CODE 4810–33–P
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]]>Agencies
[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42681-42686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16702]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2021-0052]
RIN 3150-AK63
List of Approved Spent Fuel Storage Casks: NAC International NAC-
UMS[supreg] Universal Storage System, Certificate of Compliance No.
1015, 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 NAC-
UMS[supreg] Universal Storage System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 8 to
Certificate of Compliance No. 1015. Amendment No. 8 revises the
certificate of compliance to: Add the storage of damaged boiling-water
reactor spent fuel, including higher enrichment and higher burnup spent
fuel; change the allowable fuel burnup range; expand the boiling-water
reactor class 5 fuel inventory that could be stored in the cask; and
revise definitions in the technical specifications.
DATES: This direct final rule is effective October 19, 2021, unless
significant adverse comments are received by September 7, 2021. 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: Submit your comments, identified by Docket ID NRC-2021-0052,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
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 James Firth, Office of Nuclear Material Safety
and Safeguards; telephone: 301-415-6628, 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
[[Page 42682]]
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2021-0052 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-2021-0052. Address
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407,
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
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 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-2021-0052 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
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 rule is limited to the changes contained in Amendment No. 8 to
Certificate of Compliance No. 1015 and does not include other aspects
of the NAC International NAC-UMS[supreg] Universal Storage System cask
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
reasonably assured. The amendment to the rule will become effective on
October 19, 2021. However, if the NRC receives any significant adverse
comment on this direct final rule by September 7, 2021, 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.
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 that 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 casks approved for use under the terms,
conditions, and specifications of their certificate of compliance or an
amended certificate of compliance pursuant to this general license are
listed in Sec. 72.214. The NRC subsequently issued a final rule on
October 19, 2000 (65 FR 62581), that approved the NAC International
NAC-UMS[supreg] Universal Storage System cask system design and added
it to the list of NRC-approved cask designs in Sec. 72.214 as
Certificate of Compliance No. 1015.
IV. Discussion of Changes
On December 18, 2018, as supplemented on April 24, 2020, and
[[Page 42683]]
August 7, 2020, NAC International submitted an application to amend the
NAC International NAC-UMS[supreg] Universal Storage System and the
associated technical specifications for its use. The NAC International
NAC-UMS[supreg] Universal Storage System consists of the following
components: A transportable storage canister (TSC), which contains the
spent fuel; a vertical concrete cask, which contains the TSC during
storage; and a transfer cask, which contains the TSC during loading,
unloading, and transfer operations. Amendment 8 would allow the storage
of up to four damaged spent nuclear fuel assemblies from boiling-water
reactors per cask and would allow a basket to hold the damaged boiling-
water reactor spent nuclear fuel. Amendment No. 8 revises the
certificate of compliance to (1) add the storage of damaged boiling-
water reactor spent fuel, including higher enrichment and higher burnup
spent fuel; (2) change the allowable fuel burnup range; (3) expand the
boiling-water reactor class 5 fuel inventory that could be stored in
the cask; and (4) change definitions in the technical specifications
that are associated with the contents of the spent nuclear fuel stored
in the cask (e.g., high burnup fuel and initial peak planar-average
enrichment).
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 maintain confinement, 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.'' 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 staff determined that the amended NAC International NAC-
UMS[supreg] Universal 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 the NAC International NAC-UMS[supreg]
Universal Storage System that meet the criteria of Amendment No. 8 to
Certificate of Compliance No. 1015.
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 NAC-UMS[supreg] Universal Storage System 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
confer regulatory authority on the State, the State may wish to inform
its licensees of certain requirements by means consistent with the
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
NAC-UMS[supreg] Universal Storage System listing within the ``List of
approved spent fuel storage casks'' to include Amendment No. 8 to
Certificate of Compliance No. 1015.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC International NAC-UMS[supreg] Universal Storage System 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. 8 would allow the storage of up to four damaged spent nuclear fuel
assemblies from boiling-water reactors per cask and would allow a
basket to hold the damaged boiling-water reactor spent nuclear fuel.
Amendment 8 would change the allowable fuel burnup range. Amendment 8
expands the boiling-water reactor class 5 fuel inventory that could be
stored in the cask. Amendment 8 would also include changes to
definitions in the technical specifications that are associated with
the contents of the spent nuclear fuel stored in the cask (i.e., high
burnup fuel and initial peak planar-average enrichment).
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 this Amendment No. 8 tiers off of the
environmental assessment for the July
[[Page 42684]]
18, 1990, final rule. Tiering on past environmental assessments is a
standard process under the National Environmental Policy Act of 1969,
as amended.
The NAC International NAC-UMS[supreg] Universal Storage System is
designed to mitigate the effects of design basis accidents that could
occur during storage. Design basis accidents account for human-induced
events and the most severe natural phenomena reported for the site and
surrounding area. Postulated accidents analyzed for an independent
spent fuel storage installation, the type of facility at which a holder
of a power reactor operating license would store spent fuel in casks in
accordance with 10 CFR part 72, 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 provide confinement, shielding, and
criticality control in the event of each evaluated accident condition.
If confinement, shielding, and criticality control are maintained, 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 the 10 CFR part 20 limits. Therefore, the proposed
changes will not result in any radiological or non-radiological
environmental impacts that significantly differ from the environmental
impacts evaluated in the environmental assessment supporting the July
18, 1990, final rule. There will be no significant change in the types
or significant revisions in the amounts of any effluent released, no
significant increase in the individual or cumulative radiation
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.
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-
UMS[supreg] Universal Storage 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 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. 1015
would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
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, ``List of Approved Spent Fuel Storage Casks:
NAC International NAC-UMS[supreg] Universal Storage System, Certificate
of Compliance No. 1015, 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
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) (RFA)
requires agencies to consider the impact of their rules on small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions. Agencies must perform a review to
determine whether a rule will have a significant economic impact on a
substantial number of small entities. If the agency determines that it
will, the agency must prepare a regulatory flexibility analysis as
described in sections 603 and 604 of the RFA. However, if an agency
determines that a rule is not expected to have a significant economic
impact on a substantial number of small entities, section 605(b) of the
RFA provides that a regulatory flexibility analysis is not required if
the head of the agency certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities. The certification must include a statement providing
the factual basis for this determination and the reasoning should be
clear. The Executive Director for Operations has been delegated the
authority to ensure this rule complies with the Regulatory Flexibility
Act.
The NRC has established size standards at 10 CFR 2.810. This direct
final rule affects only those authorized to possess or operate nuclear
power reactors and NAC International. NAC International is owned by
Hitz Holdings U.S.A. Inc., a wholly owned subsidiary of Hitachi Zosen
Corporation, which is not a small entity. Under 10 CFR 2.810(e), a
licensee who is a subsidiary of a large entity does not qualify as a
small entity. This direct final rule would allow persons authorized to
possess or operate a nuclear power reactor, who hold a general license
under Sec. 72.210, consistent with the license conditions under Sec.
72.212, to load spent nuclear fuel into the NAC International NAC-
UMS[supreg] Universal Storage System that meet the criteria of
Amendment No. 8 to Certificate of Compliance No. 1015. The use of this
general license to store spent nuclear fuel using Amendment No. 8 to
Certificate of Compliance No. 1015 would reduce the need for and burden
from requesting additional site-specific approvals and exemptions.
Also, based on the NRC size standards at 10 CFR 2.810, none of the
existing nuclear power plants storing spent nuclear fuel are small
entities. Pursuant to its delegated authority, the Executive Director
for Operations certifies under section 605 of the Regulatory
Flexibility Act ``that the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.''
[[Page 42685]]
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) and the conditions of the general license are met.
A list of NRC-approved cask designs is contained in Sec. 72.214. On
October 19, 2000 (65 FR 62581), the NRC issued an amendment to 10 CFR
part 72 that approved the NAC International NAC-UMS[supreg] Universal
Storage System by adding it to the list of NRC-approved cask designs in
Sec. 72.214.
On December 18, 2018, as supplemented on April 24, 2020, and August
7, 2020, NAC International submitted an application to amend the NAC
International NAC-UMS[supreg] Universal Storage System as described in
Section IV, ``Discussion of Changes,'' of this document. When this
direct final rule becomes effective, persons authorized to possess or
operate a nuclear power reactor and who hold a general license under
Sec. 72.210 would be allowed to load spent nuclear fuel into the NAC
International NAC-UMS[supreg] Universal Storage System that meet the
criteria of Amendment No. 8 to Certificate of Compliance No. 1015,
consistent with the license conditions under Sec. 72.212.
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 International NAC-UMS[supreg]
Universal Storage 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 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; 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.
1015 for the NAC International NAC-UMS[supreg] Universal Storage
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. 1015 for the NAC
International NAC-UMS[supreg] Universal Storage System was initiated by
NAC International and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 8 applies
only to new casks fabricated and used under Amendment No. 8. These
changes do not affect existing users of the NAC International NAC-
UMS[supreg] Universal Storage System, and the current Amendment No. 7
continues to be effective for existing users. While current users of
this storage system 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.
1015 does not constitute backfitting under Sec. 72.62 or Sec.
50.109(a)(1), or otherwise represent an inconsistency with the issue
finality provisions applicable to combined licenses in 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, as indicated.
------------------------------------------------------------------------
Document ADAMS accession No.
------------------------------------------------------------------------
Submission of a Request to Amend the U.S. ML20006D749
Nuclear Regulatory Commission Certificate of
Compliance No. 1015 for the NAC-UMS Cask
System, December 18, 2019.
Application for Amendment No. 8 to the Model ML20076A546
No. NAC-UMS Storage Cask--Acceptance Letter,
March 17, 2020.
NAC International, Submittal of Supplement to ML20122A201
Amend the NRC Certificate of Compliance No.
1015 for the NAC-UMS Cask System, April 24,
2020.
Application for Amendment No. 8 to the Model ML20170A800
No. NAC-UMS Storage Cask--Request for
Additional Information, June 25, 2020.
Submission of Responses to the U.S. Nuclear ML20227A066
Regulatory Commission Request for Additional
Information for Certificate of Compliance No.
1015 for the NAC-UMS Cask System, August 7,
2020.
Memorandum to J. Cai re: User Need for ML20358A255
Rulemaking for Amendment No. 8 Request,
February 23, 2021.
Proposed Certificate of Compliance No. 1015 ML20358A257
Amendment No. 8, Technical Specifications,
Appendix A.
Proposed Certificate of Compliance No. 1015, ML20358A258
Amendment No. 8, Technical Specifications
Appendix B.
Draft Certificate of Compliance No. 1015 ML20358A256
Amendment No. 8.
Certificate of Compliance No. 1015 Amendment ML20358A259
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-2021-0052.
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
[[Page 42686]]
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, revise Certificate of Compliance No. 1015 to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1015.
Initial Certificate Effective Date: November 20, 2000.
Amendment Number 1 Effective Date: February 20, 2001.
Amendment Number 2 Effective Date: December 31, 2001.
Amendment Number 3 Effective Date: March 31, 2004.
Amendment Number 4 Effective Date: October 11, 2005.
Amendment Number 5 Effective Date: January 12, 2009.
Amendment Number 6 Effective Date: January 7, 2019.
Amendment Number 7 Effective Date: July 29, 2019.
Amendment Number 8 Effective Date: October 19, 2021.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC-UMS Universal
Storage System.
Docket Number: 72-1015.
Certificate Expiration Date: November 20, 2020.
Model Number: NAC-UMS.
* * * * *
Dated: July 26, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-16702 Filed 8-4-21; 8:45 am]
BILLING CODE 7590-01-P
