List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 10, 66539-66544 [2022-24010]
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Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Rules and Regulations
TABLE 2 TO PARAGRAPH (b)—Continued
Assessment
Pork and pork products
Article description
Cents/lb
0206 .................................................
Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled, or frozen:
0206.30.0000 ...................................
0206.41.0000 ...................................
0206.49.0000 ...................................
Of swine, fresh or chilled ..........................................................................
Of swine, frozen: Livers ............................................................................
Of swine, frozen: Other: ............................................................................
0210 .................................................
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat
offal:
0210.11.0010
0210.11.0020
0210.12.0020
0210.12.0040
0210.19.0010
0210.19.0090
Meat
Meat
Meat
Meat
Meat
Meat
...................................
...................................
...................................
...................................
...................................
...................................
of
of
of
of
of
of
swine: Hams and cuts thereof, with bone in ...............................
swine: Shoulders and cuts thereof, with bone in ........................
swine: Bellies (streaky) and cuts thereof, Bacon ........................
swine: Bellies (streaky) and cuts thereof, Other .........................
swine: Canadian style bacon .......................................................
Swine: Other ................................................................................
0.15
0.15
0.15
0.15
0.15
0.15
0.15
0.18
0.18
0.390920
0.390920
0.390920
0.390920
0.390920
0.390920
0.390920
0.457058
0.457058
1601 .................................................
Sausages and similar products, of meat, meat offal or blood; food preparations based on these products:
1601.00.2010 ...................................
1601.00.2090 ...................................
Pork canned ..............................................................................................
Pork other ..................................................................................................
1602 .................................................
Other prepared or preserved meat, meat offal or blood:
1602.41.2020 ...................................
Of swine: Boned and cooked and packed in airtight containers holding
less than 1 kg.
Of swine: Other boned and cooked and packed in airtight containers ....
Of swine: Other .........................................................................................
Of swine: Shoulders and cuts thereof: Boned and cooked and packed
in airtight containers holding less than 1 kg.
Of swine: Shoulders and cuts thereof: Other boned and cooked and
packed in airtight containers.
Of swine: Other shoulders and cuts thereof .............................................
Of swine: Other, including mixtures: Not containing cereals or vegetables: Boned and cooked and packed in air-tight containers.
Of swine: Other, including mixtures: Not containing cereals or vegetables: Other.
Of swine: Other, including mixtures: Other ...............................................
1602.41.2040 ...................................
1602.41.9000 ...................................
1602.42.2020 ...................................
1602.42.2040 ...................................
1602.42.4000 ...................................
1602.49.2000 ...................................
1602.49.4000 ...................................
1602.49.9000 ...................................
3. Section 1230.112 is revised to read
as follows:
NUCLEAR REGULATORY
COMMISSION
§ 1230.112
10 CFR Part 72
■
Rate of assessment.
In accordance with § 1230.71(d), the
rate of assessment shall be 0.35 percent
of market value.
Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2022–23762 Filed 11–3–22; 8:45 am]
BILLING CODE P
[NRC–2022–0144]
RIN 3150–AK87
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment No. 10
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, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 10 to Certificate of Compliance No.
1031. Amendment No. 10 revises the
SUMMARY:
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Cents/kg
VerDate Sep<11>2014
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0.23
0.23
0.567288
0.567288
0.25
0.611380
0.25
0.15
0.25
0.611380
0.390920
0.611380
0.25
0.611380
0.15
0.23
0.390920
0.567288
0.18
0.457058
0.18
0.457058
certificate of compliance by adding a
new metal storage overpack.
DATES: This direct final rule is effective
January 18, 2023, unless significant
adverse comments are received by
December 5, 2022. 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.
Submit your comments,
identified by Docket ID NRC–2022–
0144, 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
ADDRESSES:
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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:
Bernard.White@nrc.gov and Tyler
Hammock, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–1381, email: Tyler.Hammock@
nrc.gov. Both are staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
FURTHER INFORMATION CONTACT
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
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A. Obtaining Information
Please refer to Docket ID NRC–2022–
0144 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–2022–0144. 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–
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415–4737, or by email to
PDR.Resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
(ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2022–
0144 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. 10 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.
Adequate protection of public health
and safety continues to be reasonably
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assured. The amendment to the rule will
become effective on January 18, 2023.
However, if the NRC receives any
significant adverse comment on this
direct final rule by December 5, 2022,
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, or as
otherwise appropriate. In general,
absent significant modifications to the
proposed revisions requiring
republication, the NRC will not initiate
a second comment period on this action.
A significant adverse comment is a
comment where the commenter
explains why the rule would be
inappropriate, including challenges to
the rule’s underlying premise or
approach, or would be ineffective or
unacceptable without a change. A
comment is adverse and significant if:
(1) The comment opposes the rule and
provides a reason sufficient to require a
substantive response in a notice-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC to
reevaluate (or reconsider) its position or
conduct additional analysis;
(b) The comment raises an issue
serious enough to warrant a substantive
response to clarify or complete the
record; or
(c) The comment raises a relevant
issue that was not previously addressed
or considered by the NRC.
(2) The comment proposes a change
or an addition to the rule, and it is
apparent that the rule would be
ineffective or unacceptable without
incorporation of the change or addition.
(3) The comment causes the NRC to
make a change (other than editorial) to
the rule, certificate of compliance, or
technical specifications.
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,
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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 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 December 9, 2019, NAC
International, Inc. submitted a request to
the NRC to amend Certificate of
Compliance No. 1031. The NAC
International, Inc. supplemented its
request on the following dates: May 13,
2020, February 25, 2021, April 20, 2021,
and September 2, 2021. Amendment No.
10 revises the certificate of compliance
by adding a new metal storage overpack,
which provides for additional structural
strength and radiation shielding.
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 per § 72.236. In
addition, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 10
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 per § 72.236.
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The NRC staff 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. 10 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
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
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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 the environmental
assessment that follows.
A. The Proposed Action
The proposed 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. 10 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. 10 revises the
certificate of compliance to add a new
metal storage overpack.
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. 10 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
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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.
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. 10
would remain well within the 10 CFR
part 20 limits. The NRC has also
determined that the design of the cask
as modified by this rule would maintain
confinement, shielding, and criticality
control in the event of an accident.
Therefore, the proposed changes will
not result in any radiological or nonradiological 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.
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D. Alternative to the Proposed Action
The alternative to this action is to
deny approval of Amendment No. 10
and not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into NAC International, Inc.
MAGNASTOR® Storage System in
accordance with the changes described
in proposed Amendment No.10 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 similar to the proposed action.
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E. Alternative Use of Resources
Approval of Amendment No. 10 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, ‘‘List of Approved Spent Fuel
Storage Casks: NAC International, Inc.
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment No. 10,’’ will not have a
significant effect on the human
environment. Therefore, the NRC has
determined that an environmental
impact statement is not necessary for
this direct final rule.
IX. Paperwork Reduction Act
Statement
This direct final rule does not contain
any new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
approval number 3150–0132.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and NAC International,
Inc. These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
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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 December 9, 2019, and as
supplemented on May 13, 2020,
February 25, 2021, April 20, 2021, and
September 2, 2021, 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.
10 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. 10 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; therefore,
this action is recommended.
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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. 10 previously described, as set forth
in the revised certificate of compliance
and technical specifications.
Amendment No. 10 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. 10 applies
only to new casks fabricated and used
under Amendment No. 10. These
changes do not affect existing users of
the NAC International, Inc.
MAGNASTOR® Storage System, and the
current Amendment No. 9 continues to
be effective for existing users. While
current users of this storage system may
comply with the new requirements in
Amendment No. 10, this would be a
voluntary decision on the part of current
users.
For these reasons, Amendment No.10
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 as indicated.
ADAMS
Accession No.
Document
NAC International request to amend Certificate of Compliance No. 1031, dated December 9, 2019 ............................................
NAC International Supplemented to Request for Additional Information for the amendment of Certificate of Compliance No.
1031, dated May 13, 2020.
Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated February 25, 2021 ............
Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated April 20, 2021 ...................
Supplemental Request to amend the NAC International, Certificate of Compliance No. 1031, dated September 2, 2021 ...........
User Need Memorandum Package for Rulemaking for Certificate of Compliance Amendment, Amendment Number 10 to the
NAC International Storage Cask, dated June 26, 2022.
Proposed Technical Specification Appendix A for NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 10.
Proposed Technical Specifications Appendix B for NAC International, Inc. MAGNASTOR® Storage System, Certificate of
Compliance No. 1031, Amendment No. 10.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance
No. 1031, Amendment No. 10.
Proposed Certificate of Compliance No. 1031 for NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 10.
Memo forwarding CoC, Tech Specs and SER to REFS for MAGNASTOR® Amendment 10 ........................................................
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–2022–0144. In
addition, the Federal rulemaking
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2022–0144); (2) click the ‘‘Subscribe’’
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
khammond on DSKJM1Z7X2PROD with RULES
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
VerDate Sep<11>2014
17:31 Nov 03, 2022
Jkt 259001
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
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. 1031 to read as follows:
■
PO 00000
Frm 00009
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Sfmt 4700
ML19345E594
ML20143A102
ML21067A041
ML21118A043
ML21251A529
ML22026A519
ML22026A522
ML22026A523
ML22026A524
ML22026A521
ML22026A520
§ 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.
Amendment Number 1 Effective Date:
August 30, 2010, superseded by
Amendment Number 1, Revision 1, on
February 1, 2016.
Amendment Number 2 Effective Date:
January 30, 2012, superseded by
Amendment Number 2, Revision 1, on
February 1, 2016.
Amendment Number 3 Effective Date:
July 25, 2013, superseded by
Amendment Number 3, Revision 1, on
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).
E:\FR\FM\04NOR1.SGM
04NOR1
66544
Federal Register / Vol. 87, No. 213 / Friday, November 4, 2022 / Rules and Regulations
Amendment Number 8, Effective
Date: March 24, 2020.
Amendment Number 9, Effective
Date: December 7, 2020.
Amendment Number 10, Effective
Date: January 18, 2023.
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®.
*
*
*
*
*
Counsel, AGC–300, Federal Aviation
Administration, (202) 267–7395.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of October 11,
2022, in FR Doc. 2022–21354, on page
61232, in the first column, correct the
RIN to read: RIN 2120–AL00.
Issued in Washington, DC, under the
authority provided by 49 U.S.C. 106(f), 40101
note and 44807, on October 21, 2022.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2022–23990 Filed 11–3–22; 8:45 am]
Dated: October 20, 2022.
For the Nuclear Regulatory Commission.
Daniel H. Dorman
Executive Director for Operations.
BILLING CODE 4910–13–P
[FR Doc. 2022–24010 Filed 11–3–22; 8:45 am]
Federal Aviation Administration
DEPARTMENT OF TRANSPORTATION
BILLING CODE 7590–01–P
14 CFR Part 71
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2022–0436; Airspace
Docket No. 22–ASW–1]
Federal Aviation Administration
RIN 2120–AA66
14 CFR Part 13
Amendment and Establishment of Air
Traffic Service (ATS) Routes; South
Central United States
[Docket No.: FAA–2018–1051; Amdt. No.:
13–40A]
RIN 2120–AL00
Federal Aviation
Administration (FAA), U.S. Department
of Transportation (DOT).
ACTION: Final rule; correction.
AGENCY:
On October 11, 2022, the FAA
published a final rule titled ‘‘Update to
Investigative and Enforcement
Procedures and Part 11; Technical
Amendments.’’ That document made
technical amendments to the Update to
Investigative and Enforcement
Procedures final rule, which was
published on October 1, 2021. The
technical amendments rule
inadvertently identified the Rulemaking
Identification Number (RIN).
DATES: Effective November 4, 2022.
FOR FURTHER INFORMATION CONTACT: Cole
R. Milliard, Office of the Chief Counsel,
AGC–300, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–3452; email
Cole.Milliard@faa.gov, or Jessica E.
Kabaz-Gomez, Office of the Chief
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
Update to Investigative and
Enforcement Procedures and Part 11;
Correction
T–466
This action corrects a final
rule published by the FAA in the
Federal Register on October 27, 2022,
that amends VHF Omnidirectional
Range (VOR) Federal airways V–198, V–
212, V–556, and V–558; amends Area
Navigation (RNAV) route T–256; and
establishes RNAV route T–466. In the
new RNAV route T–466, the final rule
identified the CHILD, TX, route point as
a waypoint (WP) and the SEEDS, TX,
route point as a Fix, in error. This action
makes editorial corrections to the
reference of the CHILD, TX, WP to
change it to be reflected as a Fix and to
the SEEDS, TX, Fix to change it to be
reflected as a WP. These corrections are
necessary to match the FAA National
Airspace System Resource (NASR)
database information.
DATES: Effective date 0901 UTC,
December 29, 2022. The Director of the
Federal Register approves this
incorporation by reference action under
1 CFR part 51, subject to the annual
revision of FAA Order 7400.11 and
publication of conforming amendments.
SUMMARY:
17:31 Nov 03, 2022
History
The FAA published a final rule in the
Federal Register (87 FR 65011; October
27, 2022), amending VOR Federal
airways V–198, V–212, V–556, and V–
558; amending RNAV route T–256; and
establishing RNAV route T–466.
Subsequent to publication, the FAA
determined that the CHILD, TX, route
point was inadvertently identified as a
WP and the SEEDS, TX, route point was
inadvertently identified as a Fix, in
error. The correct route point references
are the CHILD, TX, Fix and the SEEDS,
TX, WP. This rule corrects those errors
by changing the reference of the CHILD,
TX, WP to the CHILD, TX, Fix; and the
reference of the SEEDS, TX, Fix to the
SEEDS, TX, WP.
These are editorial changes only to
match the FAA NASR database
information and do not alter the
alignment of the affected T–466 route.
United States Area Navigation Routes
are published in paragraph 6011 of FAA
Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022,
which is incorporated by reference in 14
CFR 71.1. The RNAV T-route listed in
this document will be published
subsequently in FAA Order JO 7400.11.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, references to
the CHILD, TX, WP and to the SEEDS,
TX, Fix that are reflected in Docket No.
FAA–2022–0436, as published in the
Federal Register of October 27, 2022 (87
FR 65011), FR Doc. 2022–22164, are
corrected as follows:
■ 1. On pages 65012 and 65013, correct
the table for T–466 San Angelo, TX
(SJT) to Sabine Pass, TX (SBI) [New] to
read:
San Angelo, TX (SJT) to Sabine Pass, TX (SBI) [New]
San Angelo, TX (SJT)
CHILD, TX
Junction, TX (JCT)
VerDate Sep<11>2014
FAA Order 7400.11G,
Airspace Designations and Reporting
Points, and subsequent amendments can
be viewed online at www.faa.gov/air_
traffic/publications/. For further
information, you can contact the Rules
and Regulations Group, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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PO 00000
VORTAC
FIX
VORTAC
Frm 00010
(Lat. 31°22′29.84″ N, long. 100°27′17.53″ W)
(Lat. 31°03′41.17″ N, long. 100°27′40.62″ W)
(Lat. 30°35′52.88″ N, long. 099°49′02.93″ W)
Fmt 4700
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]]>Agencies
[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Rules and Regulations]
[Pages 66539-66544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24010]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2022-0144]
RIN 3150-AK87
List of Approved Spent Fuel Storage Casks: NAC International,
Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No.
1031, Amendment No. 10
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the NAC International, Inc.
MAGNASTOR[supreg] Storage System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 10 to Certificate
of Compliance No. 1031. Amendment No. 10 revises the certificate of
compliance by adding a new metal storage overpack.
DATES: This direct final rule is effective January 18, 2023, unless
significant adverse comments are received by December 5, 2022. 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-2022-0144,
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
[[Page 66540]]
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] and Tyler Hammock, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-1381, 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-2022-0144 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-2022-0144. 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.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
B. Submitting Comments
Please include Docket ID NRC-2022-0144 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. 10
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. Adequate protection of public health and safety
continues to be reasonably assured. The amendment to the rule will
become effective on January 18, 2023. However, if the NRC receives any
significant adverse comment on this direct final rule by December 5,
2022, 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, or as otherwise
appropriate. In general, 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,
[[Page 66541]]
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 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 December 9, 2019, NAC International, Inc. submitted a request to
the NRC to amend Certificate of Compliance No. 1031. The NAC
International, Inc. supplemented its request on the following dates:
May 13, 2020, February 25, 2021, April 20, 2021, and September 2, 2021.
Amendment No. 10 revises the certificate of compliance by adding a new
metal storage overpack, which provides for additional structural
strength and radiation shielding.
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 per Sec. 72.236. In
addition, any resulting occupational exposure or offsite dose rates
from the implementation of Amendment No. 10 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 per Sec. 72.236.
The NRC staff 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. 10 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
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 the environmental assessment that follows.
A. The Proposed Action
The proposed 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.
10 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. 10 revises the certificate of compliance to add a new metal storage
overpack.
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. 10 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
[[Page 66542]]
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.
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. 10 would remain well
within the 10 CFR part 20 limits. The NRC has also determined that the
design of the cask as modified by this rule would maintain confinement,
shielding, and criticality control in the event of an accident.
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 Proposed Action
The alternative to this action is to deny approval of Amendment No.
10 and not issue the direct final rule. Consequently, any 10 CFR part
72 general licensee that seeks to load spent nuclear fuel into NAC
International, Inc. MAGNASTOR[supreg] Storage System in accordance with
the changes described in proposed Amendment No.10 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 similar to the proposed
action.
E. Alternative Use of Resources
Approval of Amendment No. 10 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, ``List of
Approved Spent Fuel Storage Casks: NAC International, Inc.
MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 1031,
Amendment No. 10,'' will not have a significant effect on the human
environment. Therefore, the NRC has determined that an environmental
impact statement is not necessary for this direct final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, approval number 3150-
0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
NAC 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 December 9, 2019, and as supplemented on May 13, 2020, February
25, 2021, April 20, 2021, and September 2, 2021, 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. 10 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. 10 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; therefore, this action is
recommended.
[[Page 66543]]
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. 10 previously described, as set forth in the
revised certificate of compliance and technical specifications.
Amendment No. 10 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. 10 applies
only to new casks fabricated and used under Amendment No. 10. These
changes do not affect existing users of the NAC International, Inc.
MAGNASTOR[supreg] Storage System, and the current Amendment No. 9
continues to be effective for existing users. While current users of
this storage system may comply with the new requirements in Amendment
No. 10, this would be a voluntary decision on the part of current
users.
For these reasons, Amendment No.10 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 as indicated.
------------------------------------------------------------------------
Document ADAMS Accession No.
------------------------------------------------------------------------
NAC International request to amend ML19345E594
Certificate of Compliance No. 1031, dated
December 9, 2019.
NAC International Supplemented to Request for ML20143A102
Additional Information for the amendment of
Certificate of Compliance No. 1031, dated
May 13, 2020.
Supplemental Request to amend the NAC ML21067A041
International, Certificate of Compliance No.
1031, dated February 25, 2021.
Supplemental Request to amend the NAC ML21118A043
International, Certificate of Compliance No.
1031, dated April 20, 2021.
Supplemental Request to amend the NAC ML21251A529
International, Certificate of Compliance No.
1031, dated September 2, 2021.
User Need Memorandum Package for Rulemaking ML22026A519
for Certificate of Compliance Amendment,
Amendment Number 10 to the NAC International
Storage Cask, dated June 26, 2022.
Proposed Technical Specification Appendix A ML22026A522
for NAC International, Inc.
MAGNASTOR[supreg] Storage System,
Certificate of Compliance No. 1031,
Amendment No. 10.
Proposed Technical Specifications Appendix B ML22026A523
for NAC International, Inc.
MAGNASTOR[supreg] Storage System,
Certificate of Compliance No. 1031,
Amendment No. 10.
Preliminary Safety Evaluation Report for NAC ML22026A524
International, Inc. MAGNASTOR[supreg]
Storage System, Certificate of Compliance
No. 1031, Amendment No. 10.
Proposed Certificate of Compliance No. 1031 ML22026A521
for NAC International, Inc.
MAGNASTOR[supreg] Storage System,
Certificate of Compliance No. 1031,
Amendment No. 10.
Memo forwarding CoC, Tech Specs and SER to ML22026A520
REFS for MAGNASTOR[supreg] Amendment 10.
------------------------------------------------------------------------
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-2022-0144. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2022-0144); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, Penalties, Radiation
protection, Reporting and recordkeeping requirements, Security
measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following
amendments to 10 CFR part 72:
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, revise Certificate of Compliance No. 1031 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.
Amendment Number 1 Effective Date: August 30, 2010, superseded by
Amendment Number 1, Revision 1, on February 1, 2016.
Amendment Number 2 Effective Date: January 30, 2012, superseded by
Amendment Number 2, Revision 1, on February 1, 2016.
Amendment Number 3 Effective Date: July 25, 2013, superseded by
Amendment Number 3, Revision 1, on 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).
[[Page 66544]]
Amendment Number 8, Effective Date: March 24, 2020.
Amendment Number 9, Effective Date: December 7, 2020.
Amendment Number 10, Effective Date: January 18, 2023.
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: October 20, 2022.
For the Nuclear Regulatory Commission.
Daniel H. Dorman
Executive Director for Operations.
[FR Doc. 2022-24010 Filed 11-3-22; 8:45 am]
BILLING CODE 7590-01-P
