[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Rules and Regulations]
[Pages 70331-70334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29341]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2011-0008]
RIN 3150-AI91


List of Approved Spent Fuel Storage Casks: MAGNASTOR [supreg] 
System, Revision 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is amending its spent fuel storage regulations by revising the NAC 
International, Inc. (NAC) MAGNASTOR [supreg] System listing within the 
``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 
2 to Certificate of Compliance (CoC) Number 1031. Amendment No. 2 will 
revise: Technical Specification (TS) 3.3.2 to reduce the transportable 
storage canister removable surface contamination limits; TS 4.1.1 to 
add various boron-10 areal densities for use with Pressurized Water 
Reactor and Boiling Water Reactor baskets and to replace the fuel tube 
orthogonal pitch with the minimum fuel tube outer diagonal dimension; 
Table 2.1-2, ``ASME Code Alternatives for MAGNASTOR [supreg] 
components,'' of the Final Safety Analysis Report to correct the code 
reference; and Appendices A and B of the TSs to make editorial 
corrections.

DATES: The final rule is effective January 30, 2012, unless significant 
adverse comments are received by December 14, 2011. 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 If the rule is withdrawn, timely notice will be published in 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 can access publicly available documents related to this 
document using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0008. Address questions about NRC dockets to Carol Gallagher, 
telephone: (301) 492-3668; email: [email protected].
     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 20852. Copies may also be obtained from the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available electronically in the NRC Library 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, (301) 415-4737, or by email to 
[email protected]. An electronic copy of the proposed CoC, TSs, and 
preliminary safety evaluation report (SER) can be found under ADAMS 
Package Accession Number ML103300181. The ADAMS Accession Number for 
the NAC application, dated March 22, 2010, is ML112630346.

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-
6445, email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the 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 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 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 in Title 10 of the Code of Federal Regulations 
(10 CFR) part 72, which added a new Subpart K within 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,'' which contains procedures and criteria for obtaining 
NRC approval of spent fuel storage cask designs. The NRC subsequently 
issued a final rule on November 21, 2008 (73 FR 70587), that approved 
the MAGNASTOR [supreg] cask design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as Certificate of Compliance 
(CoC) No. 1031.

[[Page 70332]]

Discussion

    On March 22, 2010, and as supplemented on March 30, March 31, June 
8, July 1, November 10, and November 19, 2010, and April 22 and May 17, 
2011, NAC, the holder of CoC No. 1031, submitted an application to the 
NRC that requested an amendment to CoC No. 1031. Specifically, NAC 
requested changes to revise: TS 3.3.2 to reduce the transportable 
storage canister removable surface contamination limits; TS 4.1.1 to 
add various boron-10 areal densities for use with Pressurized Water 
Reactor and Boiling Water Reactor baskets and to replace the fuel tube 
orthogonal pitch with the minimum fuel tube outer diagonal dimension; 
Table 2.1-2, ``ASME Code Alternatives for MAGNASTOR[supreg] 
components,'' of the Final Safety Analysis Report to correct the code 
reference; and Appendices A and B of the TSs to make editorial 
corrections.
    As documented in the SER, 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 will be adequately protected.
    This direct final rule revises the MAGNASTOR[supreg] System listing 
in 10 CFR 72.214 by adding Amendment No. 2 to CoC No. 1031. The 
amendment consists of the changes previously described, as set forth in 
the revised CoC and TSs. The revised TSs are identified in the SER.
    The amended MAGNASTOR[supreg] System cask design, when used under 
the conditions specified in the CoC, the TSs, and NRC regulations, will 
meet the requirements of 10 CFR part 72; thus, adequate protection of 
public health and safety will continue to be ensured. When this direct 
final rule becomes effective, persons who hold a general license under 
10 CFR 72.210 may load spent nuclear fuel into MAGNASTOR[supreg] System 
casks that meet the criteria of Amendment No. 2 to CoC No. 1031 under 
10 CFR 72.212.

Discussion of Amendments by Section


Section 72.214  List of approved spent fuel storage casks.

    Certificate No. 1031 is revised by adding the effective date of 
Amendment Number 2.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 2 to 
CoC No. 1031 and does not include other aspects of the 
MAGNASTOR[supreg] 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 January 30, 2012. However, if the NRC receives significant 
adverse comments on this direct final rule by December 14, 2011, 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 
issue of the Federal Register. 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 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 TSs.
    For detailed instructions on filing comments, please see the 
companion proposed rule published elsewhere in this issue of the 
Federal Register.

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 MAGNASTOR[supreg] System cask 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.

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, or the provisions of 10 CFR. Although an Agreement 
State may not adopt program elements reserved to the 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 contact listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.

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 MAGNASTOR[supreg] System 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 CoC amendment will revise TS

[[Page 70333]]

3.3.2 to reduce the transportable storage canister removable surface 
contamination limits; TS 4.1.1 to add various boron-10 areal densities 
for use with Pressurized Water Reactor and Boiling Water Reactor 
baskets and to replace the fuel tube orthogonal pitch with the minimum 
fuel tube outer diagonal dimension; Table 2.1-2, ``ASME Code 
Alternatives for MAGNASTOR[supreg] components,'' of the Final Safety 
Analysis Report to correct the code reference; and Appendices A and B 
of the TSs to make editorial correction changes.
    The environmental assessment and finding of no significant impact 
on which this determination is based are available for inspection at 
the NRC PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852. Single copies of the environmental 
assessment and finding of no significant impact are available from 
Gregory Trussell, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: (301) 415-6445, email: 
[email protected].

Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements 
and, therefore, is not 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 (OMB), 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, the 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 November 21, 2008 (73 FR 
70587), the NRC issued an amendment to 10 CFR part 72 that approved the 
MAGNASTOR[supreg] System cask design by adding it to the list of NRC-
approved cask designs in 10 CFR 72.214. On March 22, 2010, and as 
supplemented on March 30, March 31, June 8, July 1, November 10, and 
November 19, 2010, and April 22 and May 17, 2011, NAC, the holder of 
CoC No. 1031, submitted an application to the NRC to revise: TS 3.3.2 
to reduce the transportable storage canister removable surface 
contamination limits; TS 4.1.1 to add various boron-10 areal densities 
for use with Pressurized Water Reactor and Boiling Water Reactor 
baskets and to replace the fuel tube orthogonal pitch with the minimum 
fuel tube outer diagonal dimension; Table 2.1-2, ``ASME Code 
Alternatives for MAGNASTOR[supreg] components,'' of the Final Safety 
Analysis Report to correct the code reference; and Appendices A and B 
of the TSs to make editorial corrections.
    The alternative to this action is to withhold approval of Amendment 
No. 2 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into MAGNASTOR[supreg] System casks under the 
changes described in Amendment No. 2 to request an exemption from the 
requirements of 10 CFR 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 the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, the 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 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 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 (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 1. 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.

    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:  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.

[[Page 70334]]

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 
2005, Pub. L. 109-58, 119 Stat. 549 (2005).

    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 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.
    Amendment Number 2 Effective Date: January 30, 2012.
    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.
* * * * *

    Dated at Rockville, Maryland, this 27th day of October 2011.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting Executive Director for Operations.
[FR Doc. 2011-29341 Filed 11-10-11; 8:45 am]
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