[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Proposed Rules]
[Pages 71982-71984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29423]


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 Proposed Rules
                                                 Federal Register
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 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. 222 / Wednesday, November 18, 2015 / 
Proposed Rules  

[[Page 71982]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0186]
RIN 3150-AJ65


List of Approved Spent Fuel Storage Casks: NAC International, 
Inc., MAGNASTOR [supreg] Cask System; Certificate of Compliance No. 
1031, Amendment Nos. 0-3, Revision 1

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. (NAC), MAGNASTOR[supreg] Cask System listing within 
the ``List of approved spent fuel storage casks'' to include Revision 1 
to Amendment Nos. 0 (the initial Certificate), 1, 2 and 3 to 
Certificate of Compliance (CoC) No. 1031. Revision 1 to Amendment Nos. 
0-3 to CoC No. 1031 makes changes to the Technical Specifications 
(TSs), including correcting a typographical error in two actual boron 
loadings in TS 4.1.1(a), and revising the decay times in Tables B2-4 
(for Amendment Nos. 0 and 1) and B2-5 (for Amendment Nos. 2 and 3) in 
Appendix B of the TSs for minimum additional decay time required for 
spent fuel assemblies that contain nonfuel hardware.

DATES: Submit comments by December 18, 2015. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any 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-2015-0186. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-415-
3463; email: [email protected]. For technical questions, 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, 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.
    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: Solomon Sahle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-3781; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0186 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0186.
     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]. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
     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-2015-0186 in your comment submission.
    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. 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 Revision 
1 to Amendment Nos. 0-3, to CoC No. 1031 and does not include other 
aspects of the NAC MAGNASTOR[supreg] Cask System. 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 February 1, 
2016. However, if the NRC receives significant adverse comments on this 
proposed rule by December 18, 2015, 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

[[Page 71983]]

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 TSs.
    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.

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 which added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) 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 issued a final rule on November 21, 2008 (73 FR 70587), 
that approved the NAC MAGNASTOR[supreg] Cask System design to add 
Amendment No. 0 to the list of NRC-approved cask designs in 10 CFR 
72.214 as CoC No.1031. Subsequently on June 15, 2010 (75 FR 33678), the 
NRC issued a final rule adding Amendment No. 1 to CoC No. 1031 to the 
list of NRC-approved cask designs in 10 CFR 72.214. Similar final rules 
were issued on November 14, 2011 (76 FR 70331), and June 25, 2013 (78 
FR 37927), to add Amendment Nos. 2 and 3 to CoC No. 1031, respectively, 
to the list of NRC-approved cask designs in 10 CFR 72.214.

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. 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). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
             Document                       ADAMS Accession No.
------------------------------------------------------------------------
Proposed CoC No. 1031, Amendment   ML15180A230.
 No. 0, Revision 1.
Proposed CoC No. 1031 Amendment    ML15180A238.
 No. 0, Revision 1, TS Appendix A.
Proposed CoC No. 1031 Amendment    ML15180A270.
 No. 0, Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A281.
 Amendment No. 0, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A161.
 No. 1, Revision 1.
Proposed CoC No. 1031 Amendment    ML15180A164.
 No. 1, Revision 1, TS Appendix A.
Proposed CoC No. 1031 Amendment    ML15180A192.
 No. 1, Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A220.
 Amendment No. 1, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A114.
 No. 2, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A119.
 No. 2, Revision 1, TS Appendix A.
Proposed TS Amendment No. 2,       ML15180A128.
 Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A141.
 Amendment No. 2, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A033.
 No. 3, Revision 1.
Proposed CoC No. 1031 Amendment    ML15180A077.
 No. 3, Revision 1, TS Appendix A.
Proposed CoC No. 1031 Amendment    ML15180A087.
 No. 3, Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A092.
 Amendment No. 3, Revision 1.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2015-0186. The Federal 
Rulemaking Web site allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) navigate to the 
docket folder (NRC-2015-0186); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, 
Hazardous waste, Indians,

[[Page 71984]]

Intergovernmental relations, Manpower training programs, Nuclear 
energy, 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 of 1954, 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, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.

0
2. In Sec.  72.214, Certificate of Compliance No. 1032 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, superseded by 
Initial Certificate, Revision 1, on February 1, 2016.
    Initial Certificate, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 1 Effective Date: August 30, 2010, superseded by 
Amendment Number 1, Revision 1, on February 1, 2016.
    Amendment Number 1, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 2 Effective Date: January 30, 2012, superseded by 
Amendment Number 2, Revision 1, on February 1, 2016.
    Amendment Number 2, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 3 Effective Date: July 25, 2013, superseded by 
Amendment Number 3, Revision 1, on February 1, 2016.
    Amendment Number 3, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 4 Effective Date: April 14, 2015.
    Amendment Number 5 Effective Date: June 29, 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 5th day of November, 2015.

    For the Nuclear Regulatory Commission.
Glenn M. Tracy,
Acting Executive Director for Operations.
[FR Doc. 2015-29423 Filed 11-17-15; 8:45 am]
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