[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Rules and Regulations]
[Pages 71929-71934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29424]



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  Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / 
Rules and Regulations  

[[Page 71929]]



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: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending 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: The direct final rule is effective February 1, 2016, unless 
significant adverse comments are received by December 18, 2015. If the 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
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. Comments received on this direct final 
rule will also be considered to be comments on a companion proposed 
rule published in the Proposed Rules section of this issue of the 
Federal Register.

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:

Table of Contents

I. Obtaining Information and Submitting Comments
II. Procedural Background
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents

I. 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

[[Page 71930]]

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 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 MAGNASTOR[supreg] Cask System design. 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 February 1, 2016. However, if the NRC receives 
significant adverse comments on this direct final rule by December 18, 
2015, 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 in the Proposed Rule 
section of 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 submitting comments, please see the 
ADDRESSES section of this document.

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.
    By letter dated June 5, 2014 (ADAMS Accession No. ML14160A856), NAC 
submitted a technical deficiency report for the calculation error 
associated with the additional cooling time required for fuel 
assemblies that contain nonfuel hardware--one issue sought to be 
addressed by this revision. In its letter, NAC stated that Duke Energy 
Carolinas, LLC (Duke Energy), hold the only two general licenses 
(Catawba Nuclear Station and McGuire Nuclear Station) that are loading 
and storing casks using Amendment No. 2 to CoC No. 1031; and that 
ZionSolutions is the only general licensee currently loading and 
storing casks using Amendment No. 3 to CoC No. 1031. According to NAC, 
no casks manufactured under CoC No. 1031, Amendment Nos. 0 and 1, have 
been purchased by a general licensee. Subsequently, NAC contacted the 
licensees loading and storing casks Amendment Nos. 2 and 3 to CoC No. 
1031 to notify them of the errors and to determine whether any loaded 
casks did not meet or planned loading would not meet the correct 
additional cool times.
    In its revision request dated January 14, 2015, NAC provided 
letters from both Duke Energy and ZionSolutions discussing the actions 
Duke Energy and ZionSolutions took after being notified of the errors. 
Duke Energy established administrative controls to ensure that all 
loaded storage casks will meet the proposed cooling time limits in 
Table B2-5, which are more conservative than the additional cooling 
time limits in Table B2-5 of the TSs for Amendment No. 2. Duke Energy 
evaluated the five already-loaded storage systems to ensure compliance 
with NAC's proposed Table B2-5 (correct additional cooling times for 
spent fuel assemblies that contain control components). Duke Energy 
determined that all five already-loaded systems meet NAC's proposed 
Table B2-5. Additionally, Duke Energy stated that the five storage 
casks loaded since Duke Energy implemented administrative controls to 
ensure compliance with NAC's proposed Table B2-5 also meet both the TSs 
and NAC's proposed Table B2-5. Duke Energy documented these results 
within the Duke Energy corrective action program.
    ZionSolutions initiated a condition report to review the loading 
records of the 20 already-loaded storage systems and those storage 
systems that ZionSolutions planned to continue loading using this 
amendment. ZionSolutions also established administrative controls to 
ensure that all loaded storage casks will meet the proposed cooling 
time limits in NAC's proposed Table B2-5, which are more conservative 
than the additional cooling time limits in Table B2-5 of the TSs for 
Amendment No. 3.

[[Page 71931]]

IV. Discussion of Changes

    By application dated June 20, 2014 (ADAMS Accession No. 
ML14174B095), as supplemented January 14, 2015 (ADAMS Accession No. 
ML15016A047), NAC submitted an application for revision to Amendment 
Nos. 0 (the initial certificate), 1, 2, and 3 to CoC No. 1031, 
MAGNASTOR[supreg] Cask System. Revision 1 to Amendment Nos. 0-3 to CoC 
No. 1031 makes changes to the 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.
    As documented in the Safety Evaluation Reports (SERs) (ADAMS 
Accession Nos. ML15180A092, ML15180A141, ML15180A220, and ML15180A281), 
for Revision 1 to Amendment Nos. 0-3 to CoC No. 1031, the NRC staff 
performed detailed safety evaluations of the proposed CoC revision 
request. There are no significant changes to cask design requirements 
in the proposed CoC revision. Considering the specific design 
requirements for each accident condition, the design of the cask would 
prevent loss of containment, shielding, and criticality control. If 
there is no loss of containment, shielding, or criticality control, the 
environmental impacts would be insignificant. This amendment does not 
reflect a significant change in design or fabrication of the cask. In 
addition, any resulting occupational exposure or offsite dose rates 
from the implementation of Revision 1 to Amendment Nos. 0-3 to CoC No. 
1031 would remain well within the 10 CFR part 20 limits. Therefore, the 
proposed CoC changes will not result in any radiological or non-
radiological environmental impacts that significantly differ from the 
environmental impacts evaluated in the environmental assessment 
supporting the July 18, 1990, final rule. There will be no significant 
change in the types or significant revisions in the amounts of any 
effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for or consequences from radiological accidents.
    This direct final rule revises the MAGNASTOR[supreg] Cask System 
listing in 10 CFR 72.214 by adding Revision 1 to Amendment Nos. 0-3 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 revised MAGNASTOR[supreg] cask design, when used under the 
conditions specified in the CoC, the TS, and the NRC's regulations, 
will meet the requirements of 10 CFR part 72; therefore, 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] Cask Systems that meet the criteria of Revision 1 to 
Amendment Nos. 0-3 to CoC No. 1031 under 10 CFR 72.212.

V. 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] Cask System design listed in 10 CFR 72.214, 
``List of approved spent fuel storage casks.'' This action does not 
constitute the establishment of a standard that contains generally 
applicable requirements.

VI. 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 direct final 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.

VII. 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. 
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).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend 10 CFR 72.214 to revise the 
MAGNASTOR[supreg] Cask System listing within the ``List of approved 
spent fuel storage casks'' to include Revision 1 to Amendment Nos. 0-3 
to CoC No. 1031. Under the National Environmental Policy Act of 1969, 
as amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions,'' 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 made a finding of no 
significant impact on the basis of this environmental assessment.

B. The Need for the Action

    This direct final rule amends the CoC for the MAGNASTOR[supreg] 
Cask System 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. Specifically, Revision 1 to Amendment 
Nos. 0-3 to CoC No. 1031, corrects a typographical error in two actual 
boron loadings in TS 4.1.1(a), and revises 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.

C. Environmental Impacts of the Action

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was initially 
analyzed in the environmental assessment for the 1990 final rule. The 
environmental assessment for this amendment tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act.
    The NAC MAGNASTOR[supreg] Cask System is designed to mitigate the 
effects of design basis accidents that

[[Page 71932]]

could occur during storage. Design basis accidents account for human-
induced events and the most severe natural phenomena reported for the 
site and surrounding area. Postulated accidents analyzed for an 
Independent Spent Fuel Storage Installation (ISFSI), the type of 
facility at which a holder of a power reactor operating license would 
store spent fuel in casks in accordance with 10 CFR part 72, include 
tornado winds and tornado-generated missiles, a design basis 
earthquake, a design basis flood, an accidental cask drop, lightning 
effects, fire, explosions, and other incidents.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of containment, 
shielding, and criticality control. If there is no loss of confinement, 
shielding, or criticality control, the environmental impacts would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. There are no significant changes to 
cask design requirements in the proposed CoC amendment. In addition, 
because there are no significant design or process changes, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Revision 1 to Amendments Nos. 0-3 to CoC No. 1031 
would remain well within the 10 CFR part 20 limits. Therefore, the 
proposed CoC revision will not result in any radiological or non-
radiological environmental impacts that significantly differ from the 
environmental impacts evaluated in the environmental assessment 
supporting the July 18, 1990, final rule. There will be no significant 
change in the types or significant revisions in the amounts of any 
effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for or consequences from radiological accidents. The NRC 
staff documented its safety findings in the SERs for these revisions.

D. Alternative to the Action

    The alternative to this action is to deny approval of Revision 1 to 
Amendment Nos. 0-3 to CoC No. 1031 and end the direct final rule. 
Consequently, any 10 CFR part 72 general licensee that seeks to load 
spent nuclear fuel into MAGNASTOR[supreg] Cask Systems in accordance 
with the changes described in proposed Revision 1 to Amendment Nos. 0-3 
to CoC No. 1031 would have to request an exemption from the 
requirements of 10 CFR 72.212 and 72.214. Under this alternative, 
interested licensees 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. 
Therefore, the environmental impacts would be the same or less than the 
action.

E. Alternative Use of Resources

    Approval of Revision 1 to Amendment Nos. 0-3 to CoC No. 1031 would 
result in no irreversible commitments of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in 10 CFR part 51. Based on the foregoing 
environmental assessment, the NRC concludes that this direct final rule 
entitled, ``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,'' will not have a 
significant effect on the human environment. Therefore, the NRC has 
determined that an environmental impact statement is not necessary for 
this direct final rule.

IX. Paperwork Reduction Act Statement

    This direct final 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.).

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 
Office of Management and Budget control number.

X. 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. 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).

XI. 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. 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 (76FR 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.
    On June 20, 2014, as supplemented January 14, 2015, NAC submitted 
an application to revise the MAGNASTOR[supreg] Cask Systems as 
described in Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Revision 
1 to Amendment Nos. 0-3 to CoC No. 1031 and to require any 10 CFR part 
72 general licensee seeking to load spent nuclear fuel into the 
MAGNASTOR[supreg] Cask System under the changes described in Revision 1 
to Amendment Nos. 0-3 to CoC No. 1031 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 this direct final rule is consistent with previous NRC 
actions. Further, as documented in the SERs 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

[[Page 71933]]

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 therefore, this action is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule. Therefore, a backfit analysis is 
not required. This direct final rule revises Amendment Nos. 0-3 for CoC 
No. 1031 for the MAGNASTOR[supreg] Cask System, as currently listed in 
10 CFR 72.214, ``List of approved spent fuel storage casks.'' Revision 
1 to Amendment Nos. 0-3 to CoC No. 1031 corrects a typographical error 
in two actual boron loadings in TS 4.1.1(a), and revises 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.
    Although NAC has manufactured casks under existing CoC No. 1031, 
Amendment Nos. 0-3, that are being revised by this final rule, NAC, as 
the vendor, is not subject to backfitting protection under 10 CFR 
72.62. Moreover, NAC requested these changes and has requested to apply 
it to the existing casks manufactured under Amendment Nos. 0-3. 
Therefore, even if the vendor were deemed to be an entity protected 
from backfitting, this request represents a voluntary change and is not 
backfitting for the vendor.
    Under 10 CFR 72.62, general licensees are entities that are 
protected from backfitting. However, according to NAC, no general 
licensees have purchased the systems under CoC No. 1031, Amendment Nos. 
0 and 1, which are, in part, the subject of this revision. Therefore, 
the changes in CoC No. 1031, Amendment Nos. 0 and 1, which are approved 
in this direct final rule do not fall within the definition of 
backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or otherwise 
represent an inconsistency with the issue finality provisions 
applicable to combined licenses in 10 CFR part 52 for general 
licensees.
    According to NAC, casks under CoC No. 1031, Amendment Nos. 2 and 3, 
have been provided to two general licensees (Duke Energy Carolinas, 
LLC, loaded under CoC No. 1031, Amendment No. 2; and ZionSolutions 
loaded under CoC No. 1031, Amendment No. 3). General licensees are 
required, pursuant to 10 CFR 72.212, to ensure that each cask conforms 
to the terms, conditions, and specifications of a CoC, and that each 
cask can be safely used at the specific site in question. Because the 
casks delivered under CoC No. 1031, Amendment Nos. 2 and 3, now must be 
evaluated under 10 CFR 72.212 consistent with Revision 1 to Amendment 
Nos. 2 and 3 to CoC No. 1031, this change in the evaluation method and 
criteria constitutes a change in a procedure required to operate an 
ISFSI and, therefore, would constitute backfitting under 10 CFR 
72.62(a)(2).
    However, in this instance, NAC has provided documentation from the 
general licensees voluntarily indicating their lack of objection to 
Revision 1 to, Amendment Nos. 2 and 3 to CoC No. 1031. Specifically, in 
this instance, both licensees indicated their intention to upgrade 
their existing CoC No. 1031, Amendment Nos. 2 and 3, storage fleet to 
Amendment Nos. 4 or 5 of CoC No. 1031. These later amendments to CoC 
No. 1031 are consistent with the corrections being made in this 
revision. Therefore, although the general licensees are entities 
protected from backfitting, this request represents a voluntary change 
and is not backfitting. In order to provide general licensees adequate 
time to implement the revised CoC in the event that they have not 
upgraded to Amendment Nos. 4 or 5 by the time these revisions become 
effective, the revised CoC also incorporates a condition that provides 
general licensees 180 days from the effective date of Revision 1, for 
each revised certificate, to implement the changes authorized by this 
revision and to perform the required evaluation.
    In addition, the changes in Revision 1 to CoC No. 1031, Amendment 
Nos. 0-3to CoC No. 1031, do not apply to casks which were manufactured 
to other amendments of CoC No. 1031, and, therefore, have no effect on 
current ISFSI licensees using casks which were manufactured to other 
amendments of CoC No. 1031. For these reasons, NRC approval of Revision 
1 to, Amendment Nos. 0-3 to CoC No. 1031, does not constitute 
backfitting for users of the MAGNASTOR[supreg] Cask System which were 
manufactured to other amendments of CoC No. 1031, under 10 CFR 72.62, 
10 CFR 50.109(a)(1), or the issue finality provisions applicable to 
combined licenses in 10 CFR part 52.
    Accordingly, no backfit analysis or additional documentation 
addressing the issue finality criteria in 10 CFR part 52 has been 
prepared by the staff.

XIII. Congressional Review Act

    This action is not a major rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808).

XIV. 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.
------------------------------------------------------------------------


[[Page 71934]]

    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, 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 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:  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. 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, 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. 2015-29424 Filed 11-17-15; 8:45 am]
 BILLING CODE 7590-01-P