[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Proposed Rules]
[Pages 16619-16620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06016]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 /
Proposed Rules
[[Page 16619]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2012-0308]
RIN 3150-AJ22
List of Approved Spent Fuel Storage Casks: MAGNASTOR[supreg]
System
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel storage regulations by revising the NAC
International, Inc., Modular Advanced Generation Nuclear All-purpose
Storage (MAGNASTOR[supreg]) Cask System listing within the ``List of
Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to
Certificate of Compliance (CoC) No. 1031. Amendment No. 3 includes
changes that would revise authorized contents to include: pressurized
water reactor (PWR) damaged fuel contained in damaged fuel cans that
are placed in a damaged fuel basket assembly; PWR fuel assemblies with
nonfuel hardware per the expanded definition in the Amendment No. 3
application; and PWR fuel assemblies with up to five activated
stainless steel fuel replacement rods at a maximum burnup/exposure of
32.5 gigawatt days per metric ton of uranium (GWd/MTU). Additionally,
Amendment No. 3 would revise paragraph 4.3.1(i) in appendix A of the
CoC Technical Specifications (TS), to clarify that the maximum design
basis earthquake accelerations of 0.37g in the horizontal direction
(without cask sliding) and 0.25g in the vertical direction at the
independent spent fuel storage installation pad top surface do not
result in cask tip-over. Amendment No. 3 would make additional changes
to appendix A, Technical Specifications and Design Features for the
MAGNASTOR[supreg] System, and appendix B, Approved Contents for the
MAGNASTOR[supreg] System, of the CoC TS.
DATES: Submit comments by April 17, 2013. Comments received after this
date will be considered if it is practical to do so, but the NRC staff
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may access information and comment submissions related
to this proposed rulemaking, which the NRC possesses and is publicly
available, by searching on http://www.regulations.gov under Docket ID
NRC-2012-0308. You may submit comments by any one of the following
methods (unless this document describes a different method for
submitting comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0308. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-492-
3668, email: [email protected].
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
6103, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2012-0308 when contacting the NRC
about the availability of information for this proposed rule. You may
access information related to this proposed rulemaking, which the NRC
possesses and is publicly available by any of the following methods:
Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0308.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then 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]. An electronic copy of the
proposed CoC, including appendices A and B of the TS, and the
preliminary Safety Evaluation Report can be found in ADAMS under
Package Accession No. ML12227A900. The ADAMS Accession No. for the
MAGNASTOR[supreg] Cask System Amendment No. 3 dated August 26, 2012, is
ML102420569.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2012-0308 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
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 http://www.regulations.gov as well as enter the comment submissions into
ADAMS, and 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 submissions into ADAMS.
[[Page 16620]]
II. Procedural Background
This rule is limited to the changes contained in Amendment No. 3 to
CoC No. 1031 and does not include other aspects of the
MAGNASTOR[supreg] Cask System design. Because the NRC considers this
action noncontroversial and routine, the NRC is publishing this
proposed rule concurrently with a direct final rule in the Rules and
Regulations section of this issue of the Federal Register. Adequate
protection of public health and safety continues to be ensured. The
direct final rule will become effective on June 3, 2013. However, if
the NRC receives significant adverse comments on this proposed rule by
April 17, 2013, 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 these 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 issue of the Federal Register.
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. 553; the NRC is proposing to adopt 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
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1. The authority citation for Part 72 continues to read as follows:
Authority: Atomic Energy Act 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, 2232, 2233,
2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act
sec. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National
Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear Waste
Policy Act secs. 131, 132, 133, 135, 137, 141 148 (42 U.S.C. 10151,
10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-
58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under secs. Nuclear Waste Policy
Act 142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154).
Section 72.96(d) also issued under Nuclear Waste Policy Act sec.
145(g) (42 U.S.C. 10165(g)). Subpart J also issued under Nuclear
Waste Policy Act secs. 117(a), 141(h) (42 U.S.C. 10137(a),
10161(h)). Subpart K is also issued under sec. 218(a) (42 U.S.C.
10198).
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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.
Amendment Number 3 Effective Date: June 3, 2013.
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, 2024.
Model Number: MAGNASTOR[supreg].
* * * * *
Dated at Rockville, Maryland, this 2nd day of March 2013.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2013-06016 Filed 3-15-13; 8:45 am]
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