List of Approved Spent Fuel Storage Casks: NAC International, Inc. MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 Through 9, 49267-49275 [2023-16138]
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49267
Rules and Regulations
Federal Register
Vol. 88, No. 145
Monday, July 31, 2023
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2023–0085]
RIN 3150–AK99
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment Nos. 11 and 12 and
Revisions to Amendment Nos. 0
Through 9
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
Nos. 11 and 12 and revisions to
Amendment Nos. 0 through 9 to
Certificate of Compliance No. 1031.
Amendment No. 11 amends the
certificate of compliance to add a new
concrete cask, transfer cask, fuel baskets
and revised contents. Amendment No.
11 also adds a definition for the
concrete cask lid, revises the definition
for the concrete cask to exclude the lid,
adds a definition for the storage cask,
and provides alternate fabrication
criteria and techniques for the concrete
cask lid. Amendment No. 12 and
revisions to Amendment Nos. 0 through
9 add definitions for the storage cask
and concrete cask lid, revise the
definition of the concrete cask, and
provide alternate fabrication criteria and
techniques for the concrete cask lid to
the certificate of compliance.
DATES: This direct final rule is effective
October 16, 2023, unless significant
adverse comments are received by
August 30, 2023. If this direct final rule
is withdrawn as a result of such
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SUMMARY:
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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–2023–
0085, 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
Materials Safety and Safeguards,
telephone: 301–415–6577, email:
Bernard.White@nrc.gov and Irene Wu,
Office of Nuclear Materials Safety and
Safeguards, telephone: 301–415–1951,
email: Irene.Wu@nrc.gov. Both are staff
of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2023–
0085 when contacting the NRC about
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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–2023–0085. 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.
• 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 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC–2023–
0085 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.
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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 Nos. 11 and
12 and revisions to Amendment Nos. 0
through 9 to Certificate of Compliance
No. 1031 and does not include other
aspects of the NAC International, Inc.
MAGNASTOR® Storage System design.
The NRC is using the ‘‘direct final rule
procedure’’ to issue this amendment
because it represents a limited and
routine change to an existing certificate
of compliance that is expected to be
non-controversial. Adequate protection
of public health and safety continues to
be reasonably assured. The amendments
to the rule will become effective on
October 16, 2023. However, if the NRC
receives any significant adverse
comment on this direct final rule by
August 30, 2023, 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
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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,’’ that 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 July 14, 2020, NAC International,
Inc. submitted a request to the NRC to
add Amendment No. 11 to Certificate of
Compliance No. 1031. NAC
International, Inc. supplemented its
request on August 23, 2021, January 11,
2022, March 18, 2022, April 18, 2022,
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and July 15, 2022. Amendment No. 11
amends the certificate of compliance as
follows:
1. Adds a seventh concrete overpack
(CC7) and a lightweight MAGNASTOR®
transfer cask (LMTC).
2. Increases the maximum heat load
for the system when using CC7 and the
LMTC.
3. Adds new loading patterns.
4. Adds new 81-assembly and 89assembly boiling-water reactor (BWR)
spent fuel basket designs and associated
loading patterns.
5. Removes existing 87-assembly and
82-assembly BWR basket designs.
6. Adds a new BWR damaged fuel
basket design with a capacity of up to
81 undamaged BWR fuel assemblies.
7. Adds a new damaged fuel can for
BWR fuel.
8. Adds a definition for concrete cask
lid.
9. Revises the definition for concrete
cask to exclude the lid.
10. Adds a definition for storage cask.
11. Provides alternate fabrication
criteria and techniques for the concrete
cask lid.
On January 24, 2022, NAC
International, Inc. submitted a request to
the NRC to add Amendment No. 12 to
Certificate of Compliance No. 1031.
NAC International, Inc. supplemented
its request on March 18, 2022, and April
18, 2022. As part of its request on March
18, 2022, as supplemented on April 18,
2022, and August 4, 2022, NAC
International, Inc. also requested to
revise Amendment Nos. 0 through 9 to
Certificate of Compliance No. 1031.
Amendment No. 12 amends the
certificate of compliance as follows:
1. Adds a definition for concrete cask
lid.
2. Revises the definition for concrete
cask to exclude the lid.
3. Adds a definition for storage cask.
4. Provides alternate fabrication
criteria and techniques for the concrete
cask lid.
Revision 2 to Amendment Nos. 0
through 3 and Revision 1 to
Amendments Nos. 4 through 9 revise
the certificate of compliance to
incorporate the changes made by
Amendment 12.
As documented in the preliminary
safety evaluation reports, the NRC
performed safety evaluations of the
proposed certificate of compliance
amendment requests. The NRC
determined that these amendments do
not reflect a significant change in design
or fabrication of the cask. Specifically,
the NRC determined that the design of
the casks would continue to maintain
confinement, shielding, and criticality
control in the event of each evaluated
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accident condition. 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. Therefore, any
resulting occupational exposure or
offsite dose rates from the
implementation of Amendment Nos. 11
and 12 and revisions to Amendment
Nos. 0 through 9 would remain well
within the limits specified by 10 CFR
part 20, ‘‘Standards for Protection
Against Radiation.’’
The NRC determined that the
amended NAC International, Inc.
MAGNASTOR® Storage System cask
design, when used under the conditions
specified in the certificate of
compliance, the technical
specifications, and the NRC’s
regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate
protection of public health and safety
will continue to be reasonably assured.
When this direct final rule becomes
effective, persons who hold a general
license under § 72.210 may, consistent
with the license conditions under
§ 72.212, load spent nuclear fuel into
NAC International, Inc. MAGNASTOR®
Storage System casks that meet the
criteria of the revised Amendment Nos.
0 through 9 and newly issued
Amendment Nos. 11 and 12 to
Certificate of Compliance No. 1031.
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V. Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless the
use of such a standard is inconsistent
with applicable law or otherwise
impractical. In this direct final rule, the
NRC 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
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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.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31885).
VIII. Environmental Assessment and
Finding of No Significant Impact
Under the National Environmental
Policy Act of 1969, as amended, and the
NRC’s regulations in 10 CFR part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions,’’ the NRC has
determined that this direct final rule, if
adopted, would not be a major Federal
action significantly affecting the quality
of the human environment and,
therefore, an environmental impact
statement is not required. The NRC has
made a finding of no significant impact
on the basis of this environmental
assessment.
A. The Action
The action is to amend § 72.214 to
revise the NAC International, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
Nos. 11 and 12 and to include revisions
to Amendment Nos. 0 through 9 to
Certificate of Compliance No. 1031.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the NAC
International, Inc. MAGNASTOR®
Storage System design within the list of
approved spent fuel storage casks to
allow power reactor licensees to store
spent fuel at reactor sites in casks with
the approved modifications under a
general license. Specifically,
Amendment No. 11 revises the
certificate of compliance to add a new
concrete cask, transfer cask, fuel baskets
and revised contents. Amendment No.
11 also adds a definition for the
concrete cask lid, revises the definition
for the concrete cask to exclude the lid,
adds a definition for the storage cask,
and provides alternate fabrication
criteria and techniques for the concrete
cask lid. Amendment No. 12 and the
revisions to Amendment Nos. 0 through
9 add definitions for the storage cask
and concrete cask lid, revise the
definition of the concrete cask, and
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49269
provide alternate fabrication criteria and
techniques for the concrete cask lid to
the certificate of compliance.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent fuel under a general license in
cask designs approved by the NRC. The
potential environmental impact of using
NRC-approved storage casks was
analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for
Amendment Nos. 11 and 12 and
revisions to Amendment Nos. 0 through
9 tiers off of the environmental
assessment for the July 18, 1990, final
rule. Tiering on past environmental
assessments is a standard process under
the National Environmental Policy Act
of 1969, as amended.
The NAC International, Inc.
MAGNASTOR® Storage System is
designed to mitigate the effects of design
basis accidents that could occur during
storage. Design basis accidents account
for human-induced events and the most
severe natural phenomena reported for
the site and surrounding area.
Postulated accidents analyzed for an
independent spent fuel storage
installation, the type of facility that 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 Nos. 11
and 12 and revisions to Amendment
Nos. 0 through 9 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
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in the potential for, or consequences
from, radiological accidents. The NRC
documented its safety findings in the
preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment Nos. 11
and 12 and revisions to Amendment
Nos. 0 through 9 and not issue the direct
final rule. Consequently, any 10 CFR
part 72 general licensee that seeks to
load spent nuclear fuel into the NAC
International, Inc. MAGNASTOR®
Storage System in accordance with the
changes described in proposed
Amendment Nos. 11 and 12 and
revisions to Amendment Nos. 0 through
9, including those licensees with fuel
already loaded in casks that need these
revisions, would have to request an
exemption from the requirements of
§§ 72.212 and 72.214. Under this
alternative, interested licensees would
have to prepare, and the NRC would
have to review, a separate exemption
request, thereby increasing the
administrative burden upon the NRC
and the costs to each licensee. The
environmental impacts would be the
same as the proposed action.
E. Alternative Use of Resources
Approval of Amendment Nos. 11 and
12 and revisions to Amendment Nos. 0
through 9 to Certificate of Compliance
No. 1031 would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
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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 Nos. 11 and 12 and
Revisions to Amendment Nos. 0 through
9,’’ will not have a significant effect on
the human environment. Therefore, the
NRC has determined that an
environmental impact statement is not
necessary for this direct final rule.
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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 (§ 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 July 14, 2020, and as
supplemented on August 23, 2021,
January 11, 2022, March 18, 2022, April
18, 2022, and July 15, 2022, NAC
International, Inc. submitted a request
for Amendment No. 11 to amend the
MAGNASTOR® Storage System. On
January 24, 2022, and as supplemented
on March 18, 2022 and April 18, 2022,
NAC International, Inc. submitted a
request for Amendment No. 12 to
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amend the MAGNASTOR® Storage
System. Lastly, on March 18, 2022, and
as supplemented on April 18, 2022 and
August 4, 2022, NAC International, Inc.
submitted a request to revise
Amendment Nos. 0 through 9 of the
MAGNASTOR® Storage System. All of
these changes are described in Section
IV, ‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment Nos.
11 and 12 and revisions to Amendment
Nos. 0 through 9 and to require any 10
CFR part 72 general licensee seeking to
load spent nuclear fuel into the NAC
International, Inc. MAGNASTOR®
Storage System under the changes
described in Amendment Nos. 11 and
12 and revisions to Amendment Nos. 0
through 9 to request an exemption from
the requirements of §§ 72.212 and
72.214. Under this alternative, each
interested 10 CFR part 72 licensee
would have to prepare, and the NRC
would have to review, a separate
exemption request, thereby increasing
the administrative burden upon the
NRC and the costs to each licensee.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the
preliminary safety evaluation reports
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
The NRC has determined that this
direct final rule does not constitute
backfitting under 10 CFR part 72.
Certificate of compliance holders like
NAC International, Inc. are not within
the scope of the backfit rule in § 72.62.
Additionally, Amendment Nos. 11 and
12 are outside the scope of backfitting
because they apply only to new casks
and are voluntary for existing users.
Although general licensees that are
affected by the revisions to Amendment
Nos. 0–9 are within the scope of the
backfitting regulations in § 72.62, the
affected licensees have stated that they
will voluntarily adopt the revisions, and
therefore, this direct final rule does not
constitute a backfit for those licensees.
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This direct final rule revises
Certificate of Compliance No. 1031 for
the MAGNASTOR® Storage System, as
currently listed in § 72.214, to add
Amendment Nos. 11 and 12 and
revisions to Amendment Nos. 0 through
9. Amendment Nos. 11 and 12 and
revisions to Amendment Nos. 0 through
9 to Certificate of Compliance No. 1031
for the NAC International, Inc.
MAGNASTOR® Storage System were
initiated by NAC International, Inc. and
were not submitted in response to new
NRC requirements or an NRC request for
amendment. Amendment Nos. 11 and
12 apply only to new casks fabricated
and used under Amendment Nos. 11
and 12. These changes do not affect
existing users of the NAC International,
Inc. MAGNASTOR® Storage System,
and the current Amendment No. 10
continues to be effective for existing
users. While current users of this storage
system may comply with the new
requirements in Amendment Nos. 11
and 12, this would be a voluntary
decision on the part of current users.
Although NAC International, Inc. has
manufactured casks under the existing
Certificate of Compliance No. 1031,
Amendment Nos. 0 through 9, NAC
International, Inc., as the certificate of
compliance holder, is not within the
scope of backfitting under 10 CFR 72.62.
General licensees are entities that are
within the scope of the backfitting
regulations in 10 CFR 72.62. However,
according to NAC International, Inc., no
general licensees have purchased the
MAGNASTOR® Storage Systems under
Certificate of Compliance No. 1031,
Amendment Nos. 0 through 5 and
Amendment No. 8, that are, in part, the
subject of these revisions. Therefore, the
changes in Certificate of Compliance
No. 1031, Amendment Nos. 0 through 5
and Amendment No. 8, that are
approved in this direct final rule, do not
fall within the definition of backfitting
under 10 CFR 72.62.
Dominion Energy Kewaunee at the
Kewaunee independent spent fuel
storage installation and ZionSolutions at
its independent spent fuel storage
installation are two general licensees
using Amendment No. 6 that could be
affected by issuance of Revision 1 to
Amendment No. 6. In its letter to NAC
International, Inc., Dominion Energy
Kewaunee stated that it would
voluntarily adopt Revision 1 to
Amendment No. 6. ZionSolutions stated
it intends to rely on issuance of
Revision 1 to Amendment No. 6 and
Amendment No. 12 to reconcile the lid
licensing issue and close the open
action in its corrective action program.
The NRC interprets these letters to mean
that the licensees will voluntarily
comply with Revision 1 to Amendment
No. 6. Therefore, the issuance of
Revision 1 to Amendment No. 6 does
not fall within the definition of
backfitting under 10 CFR 72.62.
Arizona Public Service Company at
the Palo Verde independent spent fuel
storage installation and Duke Energy at
the Catawba and McGuire independent
spent fuel storage installations are
general licensees using Amendment No.
7 that could be affected by issuance of
Revision 1 to Amendment No. 7. In its
letter to NAC International, Inc., both
Arizona Public Service Company and
Duke Energy stated that they intend to
implement Revision 1 to Amendment
No. 7. The NRC interprets these letters
to mean that the licensees will
voluntarily comply with Revision 1 to
Amendment No. 7. Therefore, issuance
of Revision 1 to Amendment No. 7 does
not fall within the definition of
backfitting under 10 CFR 72.62.
Constellation Energy Generation at its
Three Mile Island Unit 1 independent
spent fuel storage installation is the only
general licensee using Amendment No.
9 that could be affected by issuance of
Revision 1 to Amendment No. 9. In its
letter to NAC International, Inc.,
Constellation Energy Generation stated
that it intends to implement Revision 1
to Amendment No. 9 in a timely manner
after issuance of the revision. The NRC
interprets this letter to mean that the
licensee will voluntarily comply with
Revision 1 to Amendment No. 9.
Therefore, issuance of Revision 1 to
Amendment No. 9 does not fall within
the definition of backfitting under 10
CFR 72.62.
For these reasons, Amendment Nos.
11 and 12 and revisions to Amendment
Nos. 0 through 9 to Certificate of
Compliance No. 1031 do not constitute
backfitting under § 72.62. Accordingly,
the NRC does not need to prepare 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./
Federal Register
citation
Document
ddrumheller on DSK120RN23PROD with RULES1
Documents Related to Initial Certificate (Amendment No. 0), Revision 2
Proposed Certificate of Compliance No. 1031, Amendment No. 0, Revision 2 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 0, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 0, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A151
ML22220A152
ML22220A154
ML22227A174
ML22077A769
ML22108A197
ML22216A110
Documents Related to Amendment No. 1, Revision 2
Proposed Certificate of Compliance No. 1031, Amendment No. 1, Revision 2 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 1, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 1, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
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ADAMS
accession No./
Federal Register
citation
Document
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22227A174
ML22077A769
ML22108A197
ML22216A110
Documents Related to Amendment No. 2, Revision 2
Proposed Certificate of Compliance No. 1031, Amendment No. 2, Revision 2 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 2, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 2, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A159
ML22220A160
ML22220A161
ML22227A174
ML22077A769
ML22108A197
ML22216A110
Documents Related to Amendment No. 3, Revision 2
Proposed Certificate of Compliance No. 1031, Amendment No. 3, Revision 2 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 3, Revision 2, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 3, Revision 2, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A163
ML22220A164
ML22220A165
ML22227A174
ML22077A769
ML22108A197
ML22216A110
Documents Related to Amendment No. 4, Revision 1
Proposed Certificate of Compliance No. 1031, Amendment No. 4, Revision 1 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 4, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 4, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A166
ML22220A167
ML22220A168
ML22227A174
ML22077A769
ML22108A197
ML22216A110
ddrumheller on DSK120RN23PROD with RULES1
Documents Related to Amendment No. 5, Revision 1
Proposed Certificate of Compliance No. 1031, Amendment No. 5, Revision 1 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 5, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 5, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
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Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations
ADAMS
accession No./
Federal Register
citation
Document
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22216A110
Documents Related to Amendment No. 6, Revision 1
Proposed Certificate of Compliance No. 1031, Amendment No. 6, Revision 1 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 6, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 6, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A172
ML22220A173
ML22220A174
ML22227A174
ML22077A769
ML22108A197
ML22216A110
Documents Related to Amendment No. 7, Revision 1
Proposed Certificate of Compliance No. 1031, Amendment No. 7, Revision 1 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 7, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 7, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A175
ML22220A176
ML22220A177
ML22227A174
ML22077A769
ML22108A197
ML22216A110
Documents Related to Amendment No. 8, Revision 1
Proposed Certificate of Compliance No. 1031, Amendment No. 8, Revision 1 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 8, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 8, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment Nos. 0–8.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A178
ML22220A179
ML22220A180
ML22227A174
ML22077A769
ML22108A197
ML22216A110
ddrumheller on DSK120RN23PROD with RULES1
Documents Related to Amendment No. 9, Revision 1
Proposed Certificate of Compliance No. 1031, Amendment No. 9, Revision 1 ...........................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 9, Revision 1, Appendix A: Technical Specifications for the MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 9, Revision 1, Appendix B: Technical Specifications for the MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Revision to Amendment No. 9.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
NAC International, MAGNASTOR® Cask System Users CoC Amendments 0 thru 9 Intent to Adopt Letters, dated
August 4, 2022.
ML22220A181
ML22220A182
ML22220A183
ML22220A184
ML22077A769
ML22108A197
ML22216A110
Documents Related to Amendment No. 11
Proposed Certificate of Compliance No. 1031, Amendment No. 11 ............................................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 11, Appendix A: Technical Specifications for the
MAGNASTOR® Storage System.
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ADAMS
accession No./
Federal Register
citation
Document
Proposed Certificate of Compliance No. 1031, Amendment No. 11, Appendix B: Technical Specifications for the
MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Amendment No. 11.
NAC International, Submission of a Request to Amend Certificate of Compliance No. 1031 for the NAC International MAGNASTOR® Cask System, Docket No. 72–1031, dated July 14, 2020.
NAC International, Submission of RAI Responses for the NAC International MAGNASTOR® Cask System Amendment No. 11, Docket No. 72–1031, dated August 23, 2021.
NAC International, Submission of Supplemental Information to the RAI for the NAC International MAGNASTOR®
Cask System Amendment No. 11, Docket No. 72–1031, dated January 11, 2022.
NAC International, Submission of Supplemental Information to the RAI for the NAC International MAGNASTOR®
Cask System Amendment No. 11, Docket No. 72–1031, dated July 15, 2022.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
ML22220A187
ML22220A188
ML20210M079 (package)
ML21242A053 (package)
ML22018A059
ML22196A022 (package)
ML22077A769
ML22108A197
Documents Related to Amendment No. 12
Proposed Certificate of Compliance No. 1031, Amendment No. 12 ............................................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 12, Appendix A: Technical Specifications for the
MAGNASTOR® Storage System.
Proposed Certificate of Compliance No. 1031, Amendment No. 12, Appendix B: Technical Specifications for the
MAGNASTOR® Storage System.
Preliminary Safety Evaluation Report for NAC International, Inc. MAGNASTOR® Storage System: Certificate of
Compliance No. 1031, Docket No. 72–1031, Amendment No. 12.
NAC International, Submission of an Amendment Request for the NAC International MAGNASTOR® Cask System
Amendment No. 12, dated January 24, 2022.
NAC International, Supplement to NAC’s Amendment Request for the NAC International MAGNASTOR® Cask
System Amendment No. 12, dated March 18, 2022.
NAC International, Submittal of RAI Response to Amendment Request for NAC International MAGNASTOR®
Cask System Amendment No. 12, dated April 18, 2022.
ML22220A189
ML22220A190
ML22220A191
ML22220A192
ML22024A374
ML22077A769
ML22108A197
Other Documents
User Need Memorandum for Amendment Nos. 11 and 12, and Revision to Amendment Nos. 0 through 9 for the
MAGNASTOR® Storage System, dated March 7, 2023.
Final Rule, ‘‘Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,’’ published July 18,
1990.
Final Rule, ‘‘List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition,’’ published November 21, 2008
Revision to Policy Statement, ‘‘Agreement State Program Policy Statement; Correction,’’ published October 18,
2017.
Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 ...............................
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–2023–0085. 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–
2023–0085); (2) click the ‘‘Subscribe’’
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
ddrumheller on DSK120RN23PROD with RULES1
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.
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For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
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
PO 00000
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55 FR 29181
73 FR 70587
82 FR 48535
63 FR 31885
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, Certificate of
Compliance No. 1031 is revised to read
as follows:
■
§ 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,
E:\FR\FM\31JYR1.SGM
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ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations
2016, superseded by Initial Certificate,
Revision 2, on October 16, 2023.
Amendment Number 1 Effective Date:
August 30, 2010, superseded by
Amendment Number 1, Revision 1, on
February 1, 2016, superseded by
Amendment Number 1, Revision 2, on
October 16, 2023.
Amendment Number 2 Effective Date:
January 30, 2012, superseded by
Amendment Number 2, Revision 1, on
February 1, 2016, superseded by
Amendment Number 2, Revision 2, on
October 16, 2023.
Amendment Number 3 Effective Date:
July 25, 2013, superseded by
Amendment Number 3, Revision 1, on
February 1, 2016, superseded by
Amendment Number 3, Revision 2, on
October 16, 2023.
Amendment Number 4 Effective Date:
April 14, 2015, superseded by
Amendment Number 4, Revision 1, on
October 16, 2023.
Amendment Number 5 Effective Date:
June 29, 2015, superseded by
Amendment Number 5, Revision 1, on
October 16, 2023.
Amendment Number 6 Effective Date:
December 21, 2016, superseded by
Amendment Number 6, Revision 1, on
October 16, 2023.
Amendment Number 7 Effective Date:
August 21, 2017, as corrected (ADAMS
Accession No. ML19045A346),
superseded by Amendment Number 7,
Revision 1, on October 16, 2023.
Amendment Number 8, Effective
Date: March 24, 2020, superseded by
Amendment Number 8, Revision 1, on
October 16, 2023.
Amendment Number 9, Effective
Date: December 7, 2020, superseded by
Amendment Number 9, Revision 1, on
October 16, 2023.
Amendment Number 10, Effective
Date: January 18, 2023.
Amendment Number 11, Effective
Date: October 16, 2023.
Amendment Number 12, Effective
Date: October 16, 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®.
*
*
*
*
*
Dated: July 18, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023–16138 Filed 7–28–23; 8:45 am]
BILLING CODE 7590–01–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0427; Project
Identifier MCAI–2022–01370–T; Amendment
39–22488; AD 2023–13–03]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
49275
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2023–0427.
FOR FURTHER INFORMATION CONTACT:
Timothy Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone
206–231–3667; email
Timothy.P.Dowling@faa.gov.
SUPPLEMENTARY INFORMATION:
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
Background
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A318, A319, A320,
and A321 series airplanes. This AD was
prompted by reports where the
passenger door external handle
mechanism was not retrieving its
normal, flush position when the door
was being closed. This AD requires a
one-time cleaning and lubrication of the
external door handle mechanism of each
affected door, and limits the installation
of affected parts, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective September 5,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 5, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0427; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this final rule, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
• For EASA material incorporated by
reference in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
• You may view this material at the
FAA, Airworthiness Products Section,
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all Airbus SAS Model A318–
111, A318–112, A318–121, A318–122,
A319–111, A319–112, A319–113, A319–
114, A319–115, A319–131, A319–132,
A319–133, A319–151N, A319–153N,
A319–171N, A320–211, A320–212,
A320–214, A320–216, A320–231, A320–
232, A320–233, A320–251N, A320–
252N, A320–253N, A320–271N, A320–
272N, A320–273N, A321–111, A321–
112, A321–131, A321–211, A321–212,
A321–213, A321–231, A321–232, A321–
251N, A321–251NX, A321–252N,
A321–252NX, A321–253N, A321–
253NX, A321–271N, A321–271NX,
A321–272N, and A321–272NX
airplanes. The NPRM published in the
Federal Register on March 8, 2023 (88
FR 14298). The NPRM was prompted by
AD 2022–0213R1, dated November 8,
2022, issued by EASA, which is the
Technical Agent for the Member States
of the European Union (EASA AD 2022–
0213R1) (also referred to as the MCAI).
The MCAI states one operator has
reported two cases of a passenger/flight
crew door external handle flap
remained stuck in an intermediate or
fully pushed position (not flush with
the door skin) on two recently delivered
Model A320 series airplanes after the
door was opened from outside. With the
external handle flap in this intermediate
position, in one of the reported cases,
the operator was not able to open the
door normally from inside. Subsequent
investigation determined that on the
production line of one door supplier,
corrosion protection compound (CPC)
was inadvertently applied to the
movable parts of the mechanism during
production. The CPC, when applied to
these parts leads to a sticky effect and
prevents the passenger door external
handle flap from moving to the closed
position, which is flush with the
fuselage skin.
In the NPRM, the FAA proposed to
require a one-time cleaning and
AGENCY:
SUMMARY:
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[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49267-49275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16138]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 88 , No. 145 / Monday, July 31, 2023 / Rules
and Regulations
[[Page 49267]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2023-0085]
RIN 3150-AK99
List of Approved Spent Fuel Storage Casks: NAC International,
Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No.
1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0
Through 9
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 Nos. 11 and 12 and
revisions to Amendment Nos. 0 through 9 to Certificate of Compliance
No. 1031. Amendment No. 11 amends the certificate of compliance to add
a new concrete cask, transfer cask, fuel baskets and revised contents.
Amendment No. 11 also adds a definition for the concrete cask lid,
revises the definition for the concrete cask to exclude the lid, adds a
definition for the storage cask, and provides alternate fabrication
criteria and techniques for the concrete cask lid. Amendment No. 12 and
revisions to Amendment Nos. 0 through 9 add definitions for the storage
cask and concrete cask lid, revise the definition of the concrete cask,
and provide alternate fabrication criteria and techniques for the
concrete cask lid to the certificate of compliance.
DATES: This direct final rule is effective October 16, 2023, unless
significant adverse comments are received by August 30, 2023. 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-2023-0085,
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
Materials Safety and Safeguards, telephone: 301-415-6577, email:
[email protected] and Irene Wu, Office of Nuclear Materials Safety
and Safeguards, telephone: 301-415-1951, 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-2023-0085 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-2023-0085. 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
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
Please include Docket ID NRC-2023-0085 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.
[[Page 49268]]
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 Nos. 11
and 12 and revisions to Amendment Nos. 0 through 9 to Certificate of
Compliance No. 1031 and does not include other aspects of the NAC
International, Inc. MAGNASTOR[supreg] Storage System design. The NRC is
using the ``direct final rule procedure'' to issue this amendment
because it represents a limited and routine change to an existing
certificate of compliance that is expected to be non-controversial.
Adequate protection of public health and safety continues to be
reasonably assured. The amendments to the rule will become effective on
October 16, 2023. However, if the NRC receives any significant adverse
comment on this direct final rule by August 30, 2023, 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, 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,'' that
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 July 14, 2020, NAC International, Inc. submitted a request to
the NRC to add Amendment No. 11 to Certificate of Compliance No. 1031.
NAC International, Inc. supplemented its request on August 23, 2021,
January 11, 2022, March 18, 2022, April 18, 2022, and July 15, 2022.
Amendment No. 11 amends the certificate of compliance as follows:
1. Adds a seventh concrete overpack (CC7) and a lightweight
MAGNASTOR[supreg] transfer cask (LMTC).
2. Increases the maximum heat load for the system when using CC7
and the LMTC.
3. Adds new loading patterns.
4. Adds new 81-assembly and 89-assembly boiling-water reactor (BWR)
spent fuel basket designs and associated loading patterns.
5. Removes existing 87-assembly and 82-assembly BWR basket designs.
6. Adds a new BWR damaged fuel basket design with a capacity of up
to 81 undamaged BWR fuel assemblies.
7. Adds a new damaged fuel can for BWR fuel.
8. Adds a definition for concrete cask lid.
9. Revises the definition for concrete cask to exclude the lid.
10. Adds a definition for storage cask.
11. Provides alternate fabrication criteria and techniques for the
concrete cask lid.
On January 24, 2022, NAC International, Inc. submitted a request to
the NRC to add Amendment No. 12 to Certificate of Compliance No. 1031.
NAC International, Inc. supplemented its request on March 18, 2022, and
April 18, 2022. As part of its request on March 18, 2022, as
supplemented on April 18, 2022, and August 4, 2022, NAC International,
Inc. also requested to revise Amendment Nos. 0 through 9 to Certificate
of Compliance No. 1031. Amendment No. 12 amends the certificate of
compliance as follows:
1. Adds a definition for concrete cask lid.
2. Revises the definition for concrete cask to exclude the lid.
3. Adds a definition for storage cask.
4. Provides alternate fabrication criteria and techniques for the
concrete cask lid.
Revision 2 to Amendment Nos. 0 through 3 and Revision 1 to
Amendments Nos. 4 through 9 revise the certificate of compliance to
incorporate the changes made by Amendment 12.
As documented in the preliminary safety evaluation reports, the NRC
performed safety evaluations of the proposed certificate of compliance
amendment requests. The NRC determined that these amendments do not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of the casks would
continue to maintain confinement, shielding, and criticality control in
the event of each evaluated
[[Page 49269]]
accident condition. 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. Therefore, any resulting occupational exposure
or offsite dose rates from the implementation of Amendment Nos. 11 and
12 and revisions to Amendment Nos. 0 through 9 would remain well within
the limits specified by 10 CFR part 20, ``Standards for Protection
Against Radiation.''
The NRC determined that the amended NAC International, Inc.
MAGNASTOR[supreg] Storage System cask design, when used under the
conditions specified in the certificate of compliance, the technical
specifications, and the NRC's regulations, will meet the requirements
of 10 CFR part 72; therefore, adequate protection of public health and
safety will continue to be reasonably assured. When this direct final
rule becomes effective, persons who hold a general license under Sec.
72.210 may, consistent with the license conditions under Sec. 72.212,
load spent nuclear fuel into NAC International, Inc. MAGNASTOR[supreg]
Storage System casks that meet the criteria of the revised Amendment
Nos. 0 through 9 and newly issued Amendment Nos. 11 and 12 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.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment.
A. The Action
The action is to amend Sec. 72.214 to revise the NAC
International, Inc. MAGNASTOR[supreg] Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment Nos.
11 and 12 and to include revisions to Amendment Nos. 0 through 9 to
Certificate of Compliance No. 1031.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC International, Inc. MAGNASTOR[supreg] Storage System design within
the list of approved spent fuel storage casks to allow power reactor
licensees to store spent fuel at reactor sites in casks with the
approved modifications under a general license. Specifically, Amendment
No. 11 revises the certificate of compliance to add a new concrete
cask, transfer cask, fuel baskets and revised contents. Amendment No.
11 also adds a definition for the concrete cask lid, revises the
definition for the concrete cask to exclude the lid, adds a definition
for the storage cask, and provides alternate fabrication criteria and
techniques for the concrete cask lid. Amendment No. 12 and the
revisions to Amendment Nos. 0 through 9 add definitions for the storage
cask and concrete cask lid, revise the definition of the concrete cask,
and provide alternate fabrication criteria and techniques for the
concrete cask lid to the certificate of compliance.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for Amendment Nos. 11 and 12 and revisions to
Amendment Nos. 0 through 9 tiers off of the environmental assessment
for the July 18, 1990, final rule. Tiering on past environmental
assessments is a standard process under the National Environmental
Policy Act of 1969, as amended.
The NAC International, Inc. MAGNASTOR[supreg] Storage System is
designed to mitigate the effects of design basis accidents that could
occur during storage. Design basis accidents account for human-induced
events and the most severe natural phenomena reported for the site and
surrounding area. Postulated accidents analyzed for an independent
spent fuel storage installation, the type of facility that 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 Nos. 11 and 12 and revisions
to Amendment Nos. 0 through 9 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
[[Page 49270]]
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
Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 and not
issue the direct final rule. Consequently, any 10 CFR part 72 general
licensee that seeks to load spent nuclear fuel into the NAC
International, Inc. MAGNASTOR[supreg] Storage System in accordance with
the changes described in proposed Amendment Nos. 11 and 12 and
revisions to Amendment Nos. 0 through 9, including those licensees with
fuel already loaded in casks that need these revisions, 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 Nos. 11 and 12 and revisions to Amendment
Nos. 0 through 9 to Certificate of Compliance No. 1031 would result in
no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The environmental impacts of the action have been reviewed under
the requirements in the National Environmental Policy Act of 1969, as
amended, and the NRC's regulations in subpart A of 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule, ``List of
Approved Spent Fuel Storage Casks: NAC International, Inc.
MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 1031,
Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 through 9,''
will not have a significant effect on the human environment. Therefore,
the NRC has determined that an environmental impact statement is not
necessary for this direct final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of 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 July 14, 2020, and as supplemented on August 23, 2021, January
11, 2022, March 18, 2022, April 18, 2022, and July 15, 2022, NAC
International, Inc. submitted a request for Amendment No. 11 to amend
the MAGNASTOR[supreg] Storage System. On January 24, 2022, and as
supplemented on March 18, 2022 and April 18, 2022, NAC International,
Inc. submitted a request for Amendment No. 12 to amend the
MAGNASTOR[supreg] Storage System. Lastly, on March 18, 2022, and as
supplemented on April 18, 2022 and August 4, 2022, NAC International,
Inc. submitted a request to revise Amendment Nos. 0 through 9 of the
MAGNASTOR[supreg] Storage System. All of these changes are described in
Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 and to
require any 10 CFR part 72 general licensee seeking to load spent
nuclear fuel into the NAC International, Inc. MAGNASTOR[supreg] Storage
System under the changes described in Amendment Nos. 11 and 12 and
revisions to Amendment Nos. 0 through 9 to request an exemption from
the requirements of Sec. Sec. 72.212 and 72.214. Under this
alternative, each interested 10 CFR part 72 licensee would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
reports 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
The NRC has determined that this direct final rule does not
constitute backfitting under 10 CFR part 72. Certificate of compliance
holders like NAC International, Inc. are not within the scope of the
backfit rule in Sec. 72.62. Additionally, Amendment Nos. 11 and 12 are
outside the scope of backfitting because they apply only to new casks
and are voluntary for existing users. Although general licensees that
are affected by the revisions to Amendment Nos. 0-9 are within the
scope of the backfitting regulations in Sec. 72.62, the affected
licensees have stated that they will voluntarily adopt the revisions,
and therefore, this direct final rule does not constitute a backfit for
those licensees.
[[Page 49271]]
This direct final rule revises Certificate of Compliance No. 1031
for the MAGNASTOR[supreg] Storage System, as currently listed in Sec.
72.214, to add Amendment Nos. 11 and 12 and revisions to Amendment Nos.
0 through 9. Amendment Nos. 11 and 12 and revisions to Amendment Nos. 0
through 9 to Certificate of Compliance No. 1031 for the NAC
International, Inc. MAGNASTOR[supreg] Storage System were initiated by
NAC International, Inc. and were not submitted in response to new NRC
requirements or an NRC request for amendment. Amendment Nos. 11 and 12
apply only to new casks fabricated and used under Amendment Nos. 11 and
12. These changes do not affect existing users of the NAC
International, Inc. MAGNASTOR[supreg] Storage System, and the current
Amendment No. 10 continues to be effective for existing users. While
current users of this storage system may comply with the new
requirements in Amendment Nos. 11 and 12, this would be a voluntary
decision on the part of current users. Although NAC International, Inc.
has manufactured casks under the existing Certificate of Compliance No.
1031, Amendment Nos. 0 through 9, NAC International, Inc., as the
certificate of compliance holder, is not within the scope of
backfitting under 10 CFR 72.62.
General licensees are entities that are within the scope of the
backfitting regulations in 10 CFR 72.62. However, according to NAC
International, Inc., no general licensees have purchased the
MAGNASTOR[supreg] Storage Systems under Certificate of Compliance No.
1031, Amendment Nos. 0 through 5 and Amendment No. 8, that are, in
part, the subject of these revisions. Therefore, the changes in
Certificate of Compliance No. 1031, Amendment Nos. 0 through 5 and
Amendment No. 8, that are approved in this direct final rule, do not
fall within the definition of backfitting under 10 CFR 72.62.
Dominion Energy Kewaunee at the Kewaunee independent spent fuel
storage installation and ZionSolutions at its independent spent fuel
storage installation are two general licensees using Amendment No. 6
that could be affected by issuance of Revision 1 to Amendment No. 6. In
its letter to NAC International, Inc., Dominion Energy Kewaunee stated
that it would voluntarily adopt Revision 1 to Amendment No. 6.
ZionSolutions stated it intends to rely on issuance of Revision 1 to
Amendment No. 6 and Amendment No. 12 to reconcile the lid licensing
issue and close the open action in its corrective action program. The
NRC interprets these letters to mean that the licensees will
voluntarily comply with Revision 1 to Amendment No. 6. Therefore, the
issuance of Revision 1 to Amendment No. 6 does not fall within the
definition of backfitting under 10 CFR 72.62.
Arizona Public Service Company at the Palo Verde independent spent
fuel storage installation and Duke Energy at the Catawba and McGuire
independent spent fuel storage installations are general licensees
using Amendment No. 7 that could be affected by issuance of Revision 1
to Amendment No. 7. In its letter to NAC International, Inc., both
Arizona Public Service Company and Duke Energy stated that they intend
to implement Revision 1 to Amendment No. 7. The NRC interprets these
letters to mean that the licensees will voluntarily comply with
Revision 1 to Amendment No. 7. Therefore, issuance of Revision 1 to
Amendment No. 7 does not fall within the definition of backfitting
under 10 CFR 72.62.
Constellation Energy Generation at its Three Mile Island Unit 1
independent spent fuel storage installation is the only general
licensee using Amendment No. 9 that could be affected by issuance of
Revision 1 to Amendment No. 9. In its letter to NAC International,
Inc., Constellation Energy Generation stated that it intends to
implement Revision 1 to Amendment No. 9 in a timely manner after
issuance of the revision. The NRC interprets this letter to mean that
the licensee will voluntarily comply with Revision 1 to Amendment No.
9. Therefore, issuance of Revision 1 to Amendment No. 9 does not fall
within the definition of backfitting under 10 CFR 72.62.
For these reasons, Amendment Nos. 11 and 12 and revisions to
Amendment Nos. 0 through 9 to Certificate of Compliance No. 1031 do not
constitute backfitting under Sec. 72.62. Accordingly, the NRC does not
need to prepare 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 Federal Register
citation
------------------------------------------------------------------------
Documents Related to Initial Certificate (Amendment No. 0), Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A151
Amendment No. 0, Revision 2.
Proposed Certificate of Compliance No. 1031, ML22220A152
Amendment No. 0, Revision 2, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A154
Amendment No. 0, Revision 2, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 1, Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A156
Amendment No. 1, Revision 2.
Proposed Certificate of Compliance No. 1031, ML22220A157
Amendment No. 1, Revision 2, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A158
Amendment No. 1, Revision 2, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
[[Page 49272]]
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 2, Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A159
Amendment No. 2, Revision 2.
Proposed Certificate of Compliance No. 1031, ML22220A160
Amendment No. 2, Revision 2, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A161
Amendment No. 2, Revision 2, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 3, Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A163
Amendment No. 3, Revision 2.
Proposed Certificate of Compliance No. 1031, ML22220A164
Amendment No. 3, Revision 2, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A165
Amendment No. 3, Revision 2, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 4, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A166
Amendment No. 4, Revision 1.
Proposed Certificate of Compliance No. 1031, ML22220A167
Amendment No. 4, Revision 1, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A168
Amendment No. 4, Revision 1, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 5, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A169
Amendment No. 5, Revision 1.
Proposed Certificate of Compliance No. 1031, ML22220A170
Amendment No. 5, Revision 1, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A171
Amendment No. 5, Revision 1, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
[[Page 49273]]
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 6, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A172
Amendment No. 6, Revision 1.
Proposed Certificate of Compliance No. 1031, ML22220A173
Amendment No. 6, Revision 1, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A174
Amendment No. 6, Revision 1, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 7, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A175
Amendment No. 7, Revision 1.
Proposed Certificate of Compliance No. 1031, ML22220A176
Amendment No. 7, Revision 1, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A177
Amendment No. 7, Revision 1, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 8, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A178
Amendment No. 8, Revision 1.
Proposed Certificate of Compliance No. 1031, ML22220A179
Amendment No. 8, Revision 1, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A180
Amendment No. 8, Revision 1, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22227A174
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment Nos.
0-8.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 9, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A181
Amendment No. 9, Revision 1.
Proposed Certificate of Compliance No. 1031, ML22220A182
Amendment No. 9, Revision 1, Appendix A:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A183
Amendment No. 9, Revision 1, Appendix B:
Technical Specifications for the
MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC ML22220A184
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Revision to Amendment No. 9.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System ML22216A110
Users CoC Amendments 0 thru 9 Intent to Adopt
Letters, dated August 4, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 11
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A185
Amendment No. 11.
Proposed Certificate of Compliance No. 1031, ML22220A186
Amendment No. 11, Appendix A: Technical
Specifications for the MAGNASTOR[supreg]
Storage System.
[[Page 49274]]
Proposed Certificate of Compliance No. 1031, ML22220A187
Amendment No. 11, Appendix B: Technical
Specifications for the MAGNASTOR[supreg]
Storage System.
Preliminary Safety Evaluation Report for NAC ML22220A188
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Amendment No. 11.
NAC International, Submission of a Request to ML20210M079 (package)
Amend Certificate of Compliance No. 1031 for
the NAC International MAGNASTOR[supreg] Cask
System, Docket No. 72-1031, dated July 14, 2020.
NAC International, Submission of RAI Responses ML21242A053 (package)
for the NAC International MAGNASTOR[supreg]
Cask System Amendment No. 11, Docket No. 72-
1031, dated August 23, 2021.
NAC International, Submission of Supplemental ML22018A059
Information to the RAI for the NAC
International MAGNASTOR[supreg] Cask System
Amendment No. 11, Docket No. 72-1031, dated
January 11, 2022.
NAC International, Submission of Supplemental ML22196A022 (package)
Information to the RAI for the NAC
International MAGNASTOR[supreg] Cask System
Amendment No. 11, Docket No. 72-1031, dated
July 15, 2022.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
------------------------------------------------------------------------
Documents Related to Amendment No. 12
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031, ML22220A189
Amendment No. 12.
Proposed Certificate of Compliance No. 1031, ML22220A190
Amendment No. 12, Appendix A: Technical
Specifications for the MAGNASTOR[supreg]
Storage System.
Proposed Certificate of Compliance No. 1031, ML22220A191
Amendment No. 12, Appendix B: Technical
Specifications for the MAGNASTOR[supreg]
Storage System.
Preliminary Safety Evaluation Report for NAC ML22220A192
International, Inc. MAGNASTOR[supreg] Storage
System: Certificate of Compliance No. 1031,
Docket No. 72-1031, Amendment No. 12.
NAC International, Submission of an Amendment ML22024A374
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated January 24, 2022.
NAC International, Supplement to NAC's Amendment ML22077A769
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated March 18, 2022.
NAC International, Submittal of RAI Response to ML22108A197
Amendment Request for NAC International
MAGNASTOR[supreg] Cask System Amendment No. 12,
dated April 18, 2022.
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
User Need Memorandum for Amendment Nos. 11 and ML22220A150
12, and Revision to Amendment Nos. 0 through 9
for the MAGNASTOR[supreg] Storage System, dated
March 7, 2023.
Final Rule, ``Storage of Spent Fuel in NRC- 55 FR 29181
Approved Storage Casks at Power Reactor
Sites,'' published July 18, 1990.
Final Rule, ``List of Approved Spent Fuel 73 FR 70587
Storage Casks: MAGNASTOR Addition,'' published
November 21, 2008.
Revision to Policy Statement, ``Agreement State 82 FR 48535
Program Policy Statement; Correction,''
published October 18, 2017.
Presidential Memorandum, ``Plain Language in 63 FR 31885
Government Writing,'' published June 10, 1998.
------------------------------------------------------------------------
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-2023-0085. 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-2023-0085); (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, Certificate of Compliance No. 1031 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009, superseded by
Initial Certificate, Revision 1, on February 1,
[[Page 49275]]
2016, superseded by Initial Certificate, Revision 2, on October 16,
2023.
Amendment Number 1 Effective Date: August 30, 2010, superseded by
Amendment Number 1, Revision 1, on February 1, 2016, superseded by
Amendment Number 1, Revision 2, on October 16, 2023.
Amendment Number 2 Effective Date: January 30, 2012, superseded by
Amendment Number 2, Revision 1, on February 1, 2016, superseded by
Amendment Number 2, Revision 2, on October 16, 2023.
Amendment Number 3 Effective Date: July 25, 2013, superseded by
Amendment Number 3, Revision 1, on February 1, 2016, superseded by
Amendment Number 3, Revision 2, on October 16, 2023.
Amendment Number 4 Effective Date: April 14, 2015, superseded by
Amendment Number 4, Revision 1, on October 16, 2023.
Amendment Number 5 Effective Date: June 29, 2015, superseded by
Amendment Number 5, Revision 1, on October 16, 2023.
Amendment Number 6 Effective Date: December 21, 2016, superseded by
Amendment Number 6, Revision 1, on October 16, 2023.
Amendment Number 7 Effective Date: August 21, 2017, as corrected
(ADAMS Accession No. ML19045A346), superseded by Amendment Number 7,
Revision 1, on October 16, 2023.
Amendment Number 8, Effective Date: March 24, 2020, superseded by
Amendment Number 8, Revision 1, on October 16, 2023.
Amendment Number 9, Effective Date: December 7, 2020, superseded by
Amendment Number 9, Revision 1, on October 16, 2023.
Amendment Number 10, Effective Date: January 18, 2023.
Amendment Number 11, Effective Date: October 16, 2023.
Amendment Number 12, Effective Date: October 16, 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: July 18, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-16138 Filed 7-28-23; 8:45 am]
BILLING CODE 7590-01-P
