[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Rules and Regulations]
[Pages 10257-10259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05238]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2017-0008]
RIN 3150-AJ89
List of Approved Spent Fuel Storage Casks: NAC International
MAGNASTOR[supreg] Cask System; Certificate of Compliance No. 1031,
Amendment No. 7; Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Correcting amendment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a
direct final rule in the Federal Register on June 6, 2017, amending its
spent fuel storage regulations by revising the NAC International
MAGNASTOR[supreg] Cask System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 7 to Certificate of
Compliance No. 1031. The direct final rule was effective on August 21,
2017. The technical specifications for NAC International
MAGNASTOR[supreg] Cask System, Amendment No. 7 included a minor
editorial and non-substantive error. The purpose of this action is to
correct the error.
DATES: This rule is effective on March 20, 2019.
ADDRESSES: Please refer to Docket ID NRC-2017-0008 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0008. 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.
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 ``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.
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.
FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-8342; email:
[email protected].
SUPPLEMENTARY INFORMATION: The NRC published a direct final rule in the
Federal Register on June 6, 2017 (82 FR 25931), amending its
regulations in part 72 of title 10 of the Code of Federal Regulations
(10 CFR) by revising the ``List of approved spent fuel storage casks''
to add Amendment No. 7 to Certificate of Compliance No. 1031 for
[[Page 10258]]
the NAC International MAGNASTOR[supreg] Cask System listing. The direct
final rule was effective on August 21, 2017 (82 FR 37511). The final
rule inadvertently omitted a relevant reference to applicable
procedures in the technical specifications.
On December 14, 2018, the NRC received a request from NAC to
correct a minor editorial and non-substantive error in Appendix A,
``Technical Specifications and Design Features for the MAGNASTOR
System,'' of Certificate of Compliance No. 1031, Amendment No. 7 (ADAMS
Accession No. ML18352A886). NAC requested that a sentence in Technical
Specifications Appendix A, Section 5.2(e) be corrected to include an
omitted reference to applicable procedures in Section 9.4.1.
Specifically, NAC said the revised sentence should state ``. . . the
vent port and drain port shall be verified in accordance with
procedures in Section 9.1.1 [MAGNASTOR[supreg] Transfer Cask (MTC)] or
9.4.1 [Passive MAGNASTOR[supreg] Transfer Cask (PMTC)].''
Amendment No. 7 provided for a new PMTC. In its application for
Amendment No. 7, NAC International submitted a new set of operating
procedures for the PMTC located in Section 9.4.1, ``Loading and Closing
the [Transportable Storage Canister (TSC)] Using PMTC'' (ADAMS
Accession No. ML15225A478). These procedures are separate and distinct
from the procedures in Section 9.1.1, ``Loading and Closing the TSC
Using Standard MTC'' (ADAMS Accession No. ML17293A428). The two
procedures require licensees to ``[p]erform visual and [dye penetrant
(PT)] examinations.'' The standard MTC is the original transfer cask
authorized for use in the initial certificate of compliance (ADAMS
Accession No. ML090350509). Prior to Amendment No. 7, the safety
analysis report and the technical specifications referred to the
authorized transfer cask as the ``transfer cask,'' since there was no
need to make a distinction between two different transfer casks.
In issuing Amendment No. 7 to Certificate of Compliance No. 1031
for the MAGNASTOR[supreg] storage cask, the NRC authorized licensees to
use the PMTC and its associated changes to the technical
specifications, in addition to the previously authorized MTC cask.
However, Appendix A, Section 5.2.e of the technical specifications for
Amendment No. 7 inadvertently omitted the reference to PMTC procedures
in Section 9.4.1 and instead only referenced MTC procedures in Section
9.1.1. Sections 9.1.1 and 9.4.1 require the same ``visual and PT
examinations.'' NRC staff previously reviewed and approved the ``visual
and PT examinations'' when it approved the MAGNASTOR[supreg] storage
cask (ADAMS Accession No. ML090350589). Further, NRC staff reviewed and
approved the inspection and testing procedures, including the use of
``visual and PT examinations'' with regard to the PMTC, when it
evaluated Amendment No. 7 (ADAMS Accession No. ML17013A513). Adding a
reference to the applicable PMTC procedures to one sentence in the
technical specifications is a minor editorial correction and would not
change the substantive responsibilities of any person or entity
regulated by the NRC.
The NRC is correcting the omission by adding the reference to
Section 9.4.1 in the technical specifications for Amendment No. 7 in
Appendix A, Section 5.2.e for the PMTC. The NRC is also revising
Amendment No. 7 to Certificate of Compliance No. 1031 of the NAC
International MAGNASTOR[supreg] Cask System listing within 10 CFR
72.214 to note the correction.
Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC
finds good cause to waive notice and opportunity for comment on the
amendment because it will have no substantive impact and is of a minor
and administrative nature dealing with a correction to a CFR section
related only to management, organization, procedure, and practice. This
amendment does not require action by any person or entity regulated by
the NRC. Also, the final rule does not change the substantive
responsibilities of any person or entity regulated by the NRC.
Accordingly, for the reasons stated in this document, the NRC finds,
pursuant to 5 U.S.C. 553(d)(3), that good cause exists to make this
rule effective upon publication.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, 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; and 5 U.S.C. 552 and 553, the NRC is making
the following correcting amendment 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 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.
Amendment Number 6 Effective Date: December 21, 2016.
Amendment Number 7 Effective Date: August 21, 2017, as corrected
(ADAMS Accession No. ML19045A346).
[[Page 10259]]
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 14th day of March, 2019.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-05238 Filed 3-19-19; 8:45 am]
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