[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Rules and Regulations]
[Pages 26535-26538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9008]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI13


List of Approved Spent Fuel Storage Casks: NAC-MPC Revision 5

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations revising the NAC International, Inc., NAC-Multi-Purpose 
Canister (MPC) system listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 5 to Certificate of Compliance 
(CoC) Number 1025. Amendment No. 5 will modify the CoC by revising the 
Technical Specifications (TS) to incorporate changes to the reporting 
and monitoring requirements to allow for visual inspection of the air 
inlet and outlet vents instead of thermal monitoring, revising the TS 
to incorporate guidance from NRC Interim Staff Guidance-22 and replace 
all references to backfilling the cask with air to backfilling with 
inert gas, revising the CoC description to remove the requirement for 
tamper-indicating devices on the Vertical Concrete Casks, and including 
several editorial changes to improve the clarity of the documents 
associated with the NAC-MPC system, under the general provisions that 
govern licensing requirements for the independent storage of spent 
nuclear fuel, high level radioactive waste, and reactor-related greater 
than Class C waste.

DATES: The final rule is effective July 24, 2007, unless significant 
adverse comments are received by June 11, 2007. 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the rule is withdrawn, timely notice will be published in the Federal 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-AI13) 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 comment 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://rulemaking.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 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

[[Page 26536]]

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 CoC No. 1025, the revised TS, and the preliminary safety evaluation 
report (SER) for Amendment 5 can be found under ADAMS Accession Nos. 
ML063520431, ML063520434, and ML063520440.
    CoC No. 1025, the revised TS, the preliminary SER for Amendment No. 
5, and the environmental assessment, 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 
Federal and State Materials and Environmental Management Programs, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 
(301) 415-6219, e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail [email protected].

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 
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 March 
9, 2000 (65 FR 12444), that approved the NAC-MPC cask design and added 
it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 
1025.

Discussion

    On July 17, 2006, and as supplemented on September 13, 2006, the 
certificate holder, NAC, submitted an application to the NRC requesting 
modifications to CoC No. 1025 by: (1) Revising the TS to incorporate 
changes to the reporting and monitoring requirements to allow for 
visual inspection of the air inlet and outlet vents instead of thermal 
monitoring; (2) revising the TS to incorporate guidance from NRC 
Interim Staff Guidance (ISG)-22 and replace all references to 
backfilling the cask with air to backfilling with inert gas; and (3) 
revising the CoC description to remove the requirement for tamper-
indicating devices on the Vertical Concrete Casks. Also, the amendment 
includes several editorial changes to improve the clarity of the 
documents associated with the NAC-MPC system. No other changes to the 
NAC-MPC cask 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-MPC cask design listing in 
10 CFR 72.214 by adding Amendment No. 5 to CoC No. 1025. The amendment 
consists of changes to the CoC by revising the TS to incorporate 
changes to the reporting and monitoring requirements to allow for 
visual inspection of the air inlet and outlet vents instead of thermal 
monitoring, revising the TS to incorporate guidance from NRC ISG-22 and 
replace all references to backfilling the cask with air to backfilling 
with inert gas, revising the CoC description to remove the requirement 
for tamper-indicating devices on the Vertical Concrete Casks, and 
including several editorial changes to improve the clarity of the 
documents associated with the NAC-MPC system. The particular TS that 
are changed are identified in the NRC staff's SER for Amendment No. 5.
    The amended NAC-MPC cask design, when used under 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

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate No. 1025 is revised by adding the effective date of 
Amendment No. 5.

Procedural Background

    This rule is limited to the changes contained in Amendment 5 to CoC 
No. 1025 and does not include other aspects of the NAC-MPC cask 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 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 July 24, 2007. However, 
if the NRC receives significant adverse comments by June 11, 2007, 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 elsewhere in this 
Federal Register. 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. For example, a substantive response is 
required when:
    (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 rule, CoC, or TS.

[[Page 26537]]

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 will revise 
the NAC-MPC cask design 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 contains 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, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear and accessible 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 
NRC has prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule will amend the CoC for the NAC-MPC cask design within the 
list of approved spent fuel storage casks that power reactor licensees 
can use to store spent fuel at reactor sites under a general license. 
The amendment will incorporate changes to the reporting and monitoring 
requirements to allow for visual inspection of the air inlet and outlet 
vents instead of thermal monitoring, incorporate guidance from NRC ISG-
22 and replace all references to backfilling the cask with air to 
backfilling with inert gas, revise the CoC description to remove the 
requirement for tamper-indicating devices on the Vertical Concrete 
Casks, and make several editorial changes to improve the clarity of the 
documents associated with the NAC-MPC system. The environmental 
assessment 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 environmental assessment and finding of no significant impact are 
available from Jayne M. McCausland, Office of Federal and State 
Materials and Environmental Management Programs, 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, 10 CFR Part 72.

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 10 CFR 72.214. On March 9, 2000 (65 FR 12444), the NRC 
issued an amendment to part 72 that approved the NAC-MPC cask design by 
adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On 
July 17, 2006, and as supplemented on September 13, 2006, the 
certificate holder, NAC, submitted an application to the NRC to amend 
CoC No. 1025 to revise TS to incorporate changes to the reporting and 
monitoring requirements to allow for visual inspection of the air inlet 
and outlet vents instead of thermal monitoring under the general 
license provisions of 10 CFR part 72, incorporate guidance from NRC 
ISG-22 and replace all references to backfilling the cask with air to 
backfilling with inert gas, revise the CoC description to remove the 
requirement for tamper-indicating devices on the Vertical Concrete 
Casks, and include several editorial changes to improve the clarity of 
the documents associated with the NAC-MPC system.
    The alternative to this action is to withhold approval of Amendment 
No. 5 and to require any part 72 licensee seeking to use Amendment No. 
5 to request an exemption from the requirements of 10 CFR 72.212 and 
72.214. Under this alternative, each interested 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 the direct final rule 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 regulatory analysis, 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

    Under 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

[[Page 26538]]

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 size standards established by 
the NRC (10 CFR 2.810).

Backfit Analysis

    The NRC has determined that the backfit rule (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 in 10 CFR 
Chapter I. Therefore, a backfit analysis is not required.

Congressional Review Act

    Under 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); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).
    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 (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, 2244 (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 1025 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *

Certificate Number: 1025.
Initial Certificate Effective Date: April 10, 2000.
Amendment Number 1 Effective Date: November 13, 2001.
Amendment Number 2 Effective Date: May 29, 2002.
Amendment Number 3 Effective Date: October 1, 2003.
Amendment Number 4 Effective Date: October 27, 2004.
Amendment Number 5 Effective Date: July 24, 2007.
SAR Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose 
Canister System (NAC-MPC System).
Docket Number: 72-1025.
Certificate Expiration Date: April 10, 2020.
Model Number: NAC-MPC.

* * * * *

    Dated at Rockville, Maryland, this 24th day of April, 2007.

    For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. E7-9008 Filed 5-9-07; 8:45 am]
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