[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Proposed Rules]
[Pages 4808-4810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01691]
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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. 80, No. 19 / Thursday, January 29, 2015 /
Proposed Rules
[[Page 4808]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2014-0058]
RIN 3150-AJ39
List of Approved Spent Fuel Storage Casks: NAC International
MAGNASTOR[supreg] System, Certificate of Compliance No. 1031, Amendment
No. 4
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 to add Amendment No. 4 to the
Certificate of Compliance (CoC) No. 1031 for the NAC International
MAGNASTOR[supreg] System. Amendment No. 4 changes a limiting condition
for operation in the technical specifications for transportable storage
canister vacuum drying and helium backfill times, and corrects a
typographical error. The NRC approval of this Amendment would not
authorize transportation.
DATES: Submit comments by March 2, 2015. 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 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-2014-0058. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: [email protected]. For technical questions, please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, 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.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Robert MacDougall, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-5175, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2014-0058 when contacting the NRC
about the availability of information for this proposed rule. You may
access publicly-available information related to this proposed rule by
any of the following methods:
Federal Rulemaking Web site: Go to: http://www.regulations.gov and search for Docket ID NRC-2014-0058.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection 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]. The
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section. The proposed CoC, proposed Appendix
A and Appendix B of the technical specifications, and preliminary
Safety Evaluation Report (SER) are available in ADAMS under Accession
Nos. ML14272A472, ML14272A479, ML14272A484, and ML14272A487,
respectively.
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-2014-0058 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 in comment submissions 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 into ADAMS.
II. Procedural Background
This proposed rule is limited to the changes contained in Amendment
No. 4 to CoC No. 1031 and does not include other aspects of the NAC
International MAGNASTOR[supreg] 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 April 14,
[[Page 4809]]
2015. If the NRC receives significant adverse comments on this proposed
rule by March 2, 2015, however, it 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 that would require
republication, the NRC will not initiate a second comment period on
this action.
A significant adverse comment is one in which the commenter
explains why the rule would be inappropriate. This could include
challenging the rule's underlying premise or approach, or explaining
why the rule 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 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 technical specifications.
For additional procedural information, including the regulatory
analysis and the availability of the environmental assessment and
finding of no significant impact, see the direct final rule published
in the Rules and Regulations section of this issue of the Federal
Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the Secretary [of the U.S. 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 [U.S. 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 ``[the
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 part 72 of Title 10 of the Code of Federal
Regulations (10 CFR), ''Licensing Requirements for the Independent
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and
Reactor-Related Greater Than Class C Waste,'' 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 (73 FR 70587; November 1,
2008) that approved the NAC International MAGNASTOR[supreg] System
design and added it to the list of NRC-approved cask designs in 10 CFR
72.214, ``List of approved spent fuel storage casks,'' as CoC No. 1031.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
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 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
0
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, 2239, 2273, 2282, 2021); Energy Reorganization Act
secs. 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); Government
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Public Law 109-58, 119 Stat. 549 (2005).
Section 72.44(g) also issued under Nuclear Waste Policy Act secs.
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 also issued
under Nuclear Waste Policy Act sec. 218(a) (42 U.S.C. 10198).
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2. In Sec. 72.214, Certificate of Compliance No. 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: July 25, 2013.
Amendment Number 4 Effective Date: April 14, 2015.
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[supreg].
Dated at Rockville, Maryland, this 15th day of January 2015.
[[Page 4810]]
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-01691 Filed 1-28-15; 8:45 am]
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