[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Proposed Rules]
[Pages 33736-33737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14333]



10 CFR Part 72

RIN 3150--AI86

List of Approved Spent Fuel Storage Casks: MAGNASTOR System, 
Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage cask regulations by revising the NAC 
International, Inc. (NAC), MAGNASTOR System listing within the ``List 
of Approved Spent Fuel Storage Casks'' to include Amendment No. 1 to 
Certificate of Compliance (CoC) Number 1031. Amendment No. 1 would 
modify the CoC to change the Technical Specifications (TS) related to 
neutron absorber qualification and acceptance testing. Specifically, 
the amendment would revise TS 4.1.1.b and incorporate by reference into 
the MAGNASTOR CoC, Sections,,, and of the Final Safety Analysis Report regarding the acceptance 
testing of borated aluminum alloy and borated metal matrix composite 
neutron absorber material. The amendment would also include other 
changes in Appendices A and B of the TS to incorporate minor editorial 

DATES: Comments on the proposed rule must be received on or before July 
15, 2010.

ADDRESSES: Please include Docket ID NRC-2010-0140 in the subject line 
of your comments. For instructions on submitting comments and accessing 
documents related to this action, see the Section ``Submitting Comments 
and Accessing Information'' in the SUPPLEMENTARY INFORMATION section of 
this document. You may submit comments by any one of the following 
    Federal Rulemaking Web Site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0140. Address 
questions about NRC dockets to Carol Gallagher, telephone 301-492-3668, 
e-mail [email protected].
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: Rulemaking [email protected]. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 am and 4:15 pm Federal workdays (Telephone 301-415-
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 

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: For additional supplementary information, 
see the direct final rule published in the Rules and Regulations 
section of this Federal Register.

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site http://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed. The NRC requests that any party soliciting or 
aggregating comments received from other persons for submission to the 
NRC inform those persons that the NRC will not edit their comments to 
remove any identifying or contact information, and therefore, they 
should not include any information in their comments that they do not 
want publicly disclosed.
    You can access publicly available documents related to this 
document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or

[[Page 33737]]

received at the NRC are available electronically at the NRC's 
Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. 
From this page, the public can gain entry into 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's PDR reference staff at 1-800-397-
4209, or 301-415-4737, or by e-mail to [email protected]. An 
electronic copy of the proposed CoC, TS, and preliminary safety 
evaluation report (SER) can be found under ADAMS Package Number 
ML100130178. The ADAMS Accession Number for the NAC application, dated 
March 26, 2009, is ML090890292.
    CoC No. 1031, the TS, the preliminary SER, and the environmental 
assessment are available for inspection at the NRC PDR, Public File 
Area O-1F21, One White Flint North, 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].
    Federal Rulemaking Web Site: Public comments and supporting 
materials related to this proposed rule can be found at http://www.regulations.gov by searching on Docket ID NRC-2010-0140.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1031 and does not include other aspects of the MAGNASTOR System 
design. Because NRC considers this action noncontroversial and routine, 
the NRC is publishing this proposed rule concurrently as a direct final 
rule in the Rules and Regulations section of this Federal Register. 
Adequate protection of public health and safety and the environment 
continues to be ensured. The direct final rule will become effective on 
August 30, 2010. However, if the NRC receives significant adverse 
comments on the direct final rule by July 15, 2010, then the NRC will 
publish a document that withdraws the direct final rule. If the direct 
final rule is withdrawn, the NRC will address the comments received in 
response to the proposed revisions in a subsequent final rule. Absent 
significant modifications to the proposed revisions requiring 
republication, the NRC will not initiate a second comment period on 
this action in the event the direct final rule is withdrawn.
    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 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.
    For additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this Federal Register.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous Waste, Nuclear 
materials, Occupational safety and health, Radiation protection, 
Reporting and recordkeeping requirements, Security measures, Spent 
nuclear 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. 553; the NRC is proposing to adopt the following 
amendments to 10 CFR Part 72.


    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).
    2. In Sec.  72.214, Certificate of Compliance 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.
    Amendment Number 1 Effective Date: August 30, 2010.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the MAGNASTOR 
    Docket Number: 72-1031.
    Certificate Expiration Date: February 4, 2029.
    Model Number: MAGNASTOR.

    Dated at Rockville, Maryland, this 25th day of May, 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-14333 Filed 6-14-10; 8:45 am]