[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Rules and Regulations]
[Pages 42485-42488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14567]



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  Federal Register / Vol. 70, No. 141 / Monday, July 25, 2005 / Rules 
and Regulations  

[[Page 42485]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AH75


List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the NAC International, Inc., NAC-UMS Universal 
Storage System listing within the ``List of approved spent fuel storage 
casks'' to include Amendment No. 4 to Certificate of Compliance (CoC) 
Number 1015. Amendment No. 4 to the NAC-UMS CoC will modify the cask 
design by replacing the specific term ``zircaloy'' with the more 
generic term ``zirconium alloy''; revising the definitions of 
``operable'' and ``site specific fuel''; revising vacuum drying 
pressure and time limits; revising short-term temperature limits and 
completion times for the heat removal system; clarifying the surface 
dose rate surveillance; adding a dissolved boron concentration option; 
deleting a redundant boron concentration administrative control; adding 
an alternate site-specific design basis earthquake analysis; and 
incorporating editorial and administrative changes.

DATES: The final rule is effective October 11, 2005, unless significant 
adverse comments are received by August 24, 2005. 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. If 
the rule is withdrawn, timely notice will be published in the Federal 
Register.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AH75) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comments will not be edited to remove any identifying or contact 
information, the NRC cautions you against including personal 
information such as social security numbers and birth dates in your 
submission.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the NRC's 
rulemaking Web site at http://ruleforum.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail 
[email protected]. Comments can also be submitted via the Federal eRulemaking 
Portal http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (telephone 
(301) 415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland. Selected documents, including 
comments, can be viewed and downloaded electronically via the NRC 
rulemaking Web site at http://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html. From this 
site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to [email protected]. An electronic copy of the proposed CoC, 
Technical Specifications (TS), and preliminary safety evaluation report 
(SER) can be found under ADAMS Package Accession No. ML051250544.
    CoC No. 1015, the revised TS, the underlying SER for Amendment No. 
4, and the Environmental Assessment (EA), are available for inspection 
at the NRC PDR, 11555 Rockville Pike, Rockville, MD. Single copies of 
these documents may be obtained from Jayne M. McCausland, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, telephone (301) 415-6219, e-mail 
[email protected].

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, telephone (301) 
415-6219, e-mail [email protected], of the Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of the Department of Energy 
(DOE)] 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 NWPA 
states, in part, that ``[t]he Commission shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 218(a) for use at the site of any civilian 
nuclear power reactor.''
    To implement this mandate, the NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in 10 CFR part 72 entitled, ``General License 
for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July

[[Page 42486]]

18, 1990). This rule also established a new subpart L within 10 CFR 
part 72, entitled ``Approval of Spent Fuel Storage Casks'' containing 
procedures and criteria for obtaining NRC approval of spent fuel 
storage cask designs. The NRC subsequently issued a final rule on 
October 19, 2000 (65 FR 62581), that approved the NAC-UMS Universal 
Storage System cask design and added it to the list of NRC-approved 
cask designs in Sec.  72.214 as CoC No. 1015.

Discussion

    On August 10, 2004, and as supplemented on December 23, 2004, and 
February 17, 2005, the certificate holder, NAC International, Inc. 
(NAC) submitted an application to the NRC to amend CoC No. 1015 to: (1) 
Replace the specific term ``zircaloy'' with the more generic term 
``zirconium alloy''; (2) revise the definitions of ``operable'' and 
``site specific fuel''; (3) revise vacuum drying pressure and time 
limits; (4) revise short-term temperature limits and completion times 
for the concrete cask heat removal system; (5) clarify the surface dose 
rate surveillance frequency; (6) add a dissolved boron concentration 
option; (7) delete a redundant boron concentration administrative 
control; (8) add an alternate site-specific design basis earthquake 
analysis for unbounded site conditions; and (9) incorporate editorial 
and administrative changes. No other changes to the NAC-UMS cask system 
design were requested in this application. The NRC staff performed a 
detailed safety evaluation of the proposed CoC amendment request and 
found that an acceptable safety margin is maintained. In addition, the 
NRC staff has determined that there continues to be reasonable 
assurance that public health and safety and the environment will be 
adequately protected.
    This direct final rule revises the NAC-UMS Universal Storage System 
listing in Sec.  72.214 by adding Amendment No. 4 to CoC No. 1015. The 
amendment consists of changes to the TS to enhance operations and 
operational flexibility. The particular TS which are changed are 
identified in the NRC staff's SER for Amendment No. 4.
    The amended NAC-UMS Universal Storage System, when used in 
accordance with the conditions specified in the CoC, the TS, and NRC 
regulations, will meet the requirements of part 72; thus, adequate 
protection of public health and safety will continue to be ensured.

Discussion of Amendments by Section


Sec.  72.214  List of approved spent fuel storage casks.

    Certificate No. 1015 is revised by adding the effective date of 
Amendment Number 4.

Procedural Background

    This rule is limited to the changes contained in Amendment 4 to CoC 
No. 1015 and does not include other aspects of the NAC-UMS Universal 
Storage System. The NRC is using the ``direct final rule procedure'' to 
issue this amendment because it represents a limited and routine change 
to an existing CoC that is expected to be noncontroversial. Adequate 
protection of public health and safety continues to be ensured. The 
amendment to the rule will become effective on October 11, 2005. 
However, if the NRC receives significant adverse comments by August 24, 
2005, then the NRC will publish a document that withdraws this action 
and will address the comments received in response to the proposed 
amendments published elsewhere in this issue of the Federal Register. 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, in a substantive response:
    (a) The comment causes the NRC staff 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 staff.
    (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 staff to make a change (other than 
editorial) to the CoC or TS.
    These comments will be addressed in a subsequent final rule. The 
NRC will not initiate a second comment period on this action.

Voluntary Consensus Standards

    The National Technology Transfer 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 would revise the NAC-
UMS Universal Storage System listed in Sec.  72.214 (List of NRC-
approved spent fuel storage cask designs). This action does not 
constitute the establishment of a standard that establishes generally 
applicable requirements.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws but does not confer 
regulatory authority on the State.

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled ``Plain 
Language in Government Writing,'' directed that the Government's 
writing be in plain language. The NRC requests comments on this direct 
final rule specifically with respect to the clarity and effectiveness 
of the language used. Comments should be sent to the address listed 
under the heading ADDRESSES above.

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in subpart A of 10 CFR part 51, the NRC has 
determined that this 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 
rule would amend the CoC for the NAC-UMS Universal Storage System 
within the list of approved spent fuel storage casks that power reactor 
licensees can use to store

[[Page 42487]]

spent fuel at reactor sites under a general license. The amendment 
will: (1) Replace the specific term ``zircaloy'' with the more generic 
term ``zirconium alloy''; (2) revise the definitions of ``operable'' 
and ``site Specific fuel''; (3) revise vacuum drying pressure and time 
limits; (4) revise short-term temperature limits and completion times 
for the concrete cask heat removal system; (5) clarify the surface dose 
rate surveillance frequency; (6) add a dissolved boron concentration 
option; (7) delete a redundant boron concentration administrative 
control; (8) add an alternate site-specific design basis earthquake 
analysis for unbounded site conditions; and (9) incorporate editorial 
and administrative changes. The EA and finding of no significant impact 
on which this determination is based are available for inspection at 
the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. 
Single copies of the EA and finding of no significant impact are 
available from Jayne M. McCausland, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-6219, e-mail [email protected].

Paperwork Reduction Act Statement

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements 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 
OMB control number.

Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, spent fuel is stored 
under the conditions specified in the cask's CoC, and the conditions of 
the general license are met. A list of NRC-approved cask designs is 
contained in Sec.  72.214. On October 19, 2000 (65 FR 62581), the NRC 
issued an amendment to part 72 that approved the NAC-UMS Universal 
Storage System by adding it to the list of NRC-approved cask designs in 
Sec.  72.214. On August 10, 2004, and as supplemented on December 23, 
2004, and February 17, 2005, the certificate holder, NAC, submitted an 
application to the NRC to amend CoC No. 1015 to: (1) Replace the 
specific term ``zircaloy'' with the more generic term ``zirconium 
alloy''; (2) revise the definitions of ``operable'' and ``site specific 
fuel''; (3) revise vacuum drying pressure and time limits; (4) revise 
short-term temperature limits and completion times for the concrete 
cask heat removal system; (5) clarify the surface dose rate 
surveillance frequency; (6) add a dissolved boron concentration option; 
(7) delete a redundant boron concentration administrative control; (8) 
add an alternate site-specific design basis earthquake analysis for 
unbounded site conditions; and (9) incorporate editorial and 
administrative changes.
    The alternative to this action is to withhold approval of this 
amended cask system design and issue an exemption to each general 
license. This alternative would cost both the NRC and the utilities 
more time and money because each utility would have to pursue an 
exemption.
    Approval of the direct final rule will eliminate this problem and 
is consistent with previous NRC actions. Further, the direct final rule 
will have no adverse effect on public health and safety. This direct 
final rule has no significant identifiable impact or benefit on other 
Government agencies. Based on this discussion of the benefits and 
impacts of the alternatives, the NRC concludes that the requirements of 
the direct final rule are commensurate with the NRC's responsibilities 
for public health and safety and the common defense and security. No 
other available alternative is believed to be as satisfactory, and 
thus, this action is recommended.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the NRC certifies that this rule will not, if issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects only the licensing and operation of 
nuclear power plants, independent spent fuel storage facilities, and 
NAC. The companies that own these plants do not fall within the scope 
of the definition of ``small entities'' set forth in the Regulatory 
Flexibility Act or the Small Business Size Standards set out in 
regulations issued by the Small Business Administration at 13 CFR part 
121.

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 50.109 or 10 
CFR 72.62) does not apply to this direct final rule because this 
amendment does not involve any provisions that would impose backfits as 
defined. Therefore, a backfit analysis is not required.

Congressional Review Act

    In accordance with the Congressional Review Act of 1996, the NRC 
has determined that this action is not a major rule and has verified 
this determination with the Office of Information and Regulatory 
Affairs, Office of Management and Budget.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

0
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; 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: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230

[[Page 42488]]

(42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J 
also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 
97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


0
2. In Sec.  72.214, Certificate of Compliance 1015 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1015.
    Initial Certificate Effective Date: November 20, 2000.
    Amendment Number 1 Effective Date: February 20, 2001.
    Amendment Number 2 Effective Date: December 31, 2001.
    Amendment Number 3 Effective Date: March 31, 2004.
    Amendment Number 4 Effective Date: October 11, 2005.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the NAC-UMS Universal 
Storage System.
    Docket Number: 72-1015.
    Certificate Expiration Date: November 20, 2020.
    Model Number: NAC-UMS.
* * * * *

    Dated at Rockville, Maryland, this 11th day of July, 2005.

    For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. 05-14567 Filed 7-22-05; 8:45 am]
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