[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Pages 39022-39023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17021]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0238]


Managing Aging Processes in Storage (MAPS) Report

AGENCY: Nuclear Regulatory Commission.

ACTION: NUREG; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG-
2214, ``Managing Aging Processes in Storage (MAPS) Report.'' The NUREG 
provides guidance to the NRC technical review staff and establishes a 
technical basis for the safety review of renewal applications for 
specific licenses of independent spent fuel storage installations 
(ISFSIs) and certificates of compliance of dry storage systems.

DATES: NUREG-2214 is available on August 8, 2019.

ADDRESSES: Please refer to Docket ID NRC-2016-0238 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action using 
any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2016-0238. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; 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 https://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 in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced.
     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: John Wise, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-8085, email: 
[email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC is issuing NUREG-2214 (ADAMS Accession No. ML19214A111) to 
provide a technical basis for the staff's safety review of aging 
degradation mechanisms and aging management programs in renewal 
applications for specific ISFSI licenses and certificates of compliance 
of spent fuel dry storage systems.
    NUREG-2214 evaluates aging degradation mechanisms to determine if 
they could affect the ability of dry storage system components to 
fulfill their safety functions in the period of extended operation. The 
guidance also provides examples of aging management programs that are 
considered generically acceptable to address the credible aging 
mechanisms to ensure that the design bases of dry storage systems will 
be maintained.

II. Additional Information

    The staff considered public comments received on the draft report 
in preparing the final NUREG. The NRC published a notice of the 
availability of the draft report for comment on October 24, 2017 (82 FR 
49233). The public comment period closed on December 26, 2017. The 
public comments and staff responses are available in ADAMS under 
Accession No. ML19072A016.

III. Regulatory Analysis

    The NRC has prepared a final regulatory analysis on this action. 
The analysis examines the costs and benefits of the alternatives 
considered by the NRC. The regulatory analysis is available in ADAMS 
under Accession No. ML19130A192.

IV. Backfitting and Issue Finality Provisions

    NUREG-2214 provides guidance to the NRC staff for the safety review 
of aging degradation mechanisms and aging management programs in 
renewal applications for specific ISFSI licenses and certificates of 
compliance of spent fuel dry storage systems. The issuance of this 
NUREG would not constitute backfitting as defined in the backfitting 
provisions in section 72.62 of title 10 of the Code of Federal 
Regulations (10 CFR), which are applicable to specific ISFSI licensees. 
Issuance of the NUREG would also not constitute backfitting under 10 
CFR 50.109, or otherwise be inconsistent with the issue finality 
provisions in 10 CFR part 52, which are applicable to general ISFSI 
licensees using the certificates of compliance. The NRC's position is 
based upon the following considerations.
    1. The NUREG positions do not constitute backfitting, inasmuch as 
the NUREG is internal guidance directed at the NRC staff with respect 
to their regulatory responsibilities.
    The NUREG provides guidance to the staff on how to review an 
application for the NRC's regulatory approval in the form of licensing. 
The issuance of internal staff guidance is not a matter for which ISFSI 
applicants or general ISFSI licensees using certificates of

[[Page 39023]]

compliance are protected under the backfitting provisions in 10 CFR 
72.62 and 10 CFR 50.109, or the issue finality provisions of 10 CFR 
part 52.
    2. The NRC staff has no intention to impose the NUREG positions on 
existing licensees and regulatory approvals, either now or in the 
future.
    The staff does not intend to impose or apply the positions 
described in the NUREG to existing (already issued) licenses and 
regulatory approvals. Therefore, the issuance of this NUREG--even if 
considered guidance which is within the purview of the issue finality 
provisions in 10 CFR part 52--need not be evaluated as if it were a 
backfit or as being inconsistent with issue finality provisions. If, in 
the future, the staff seeks to impose a position in the NUREG on 
holders of already issued licenses in a manner which does not provide 
issue finality as described in the applicable issue finality provision, 
then the staff must make the showing as set forth in the backfitting 
provisions in 10 CFR 72.62 and 10 CFR 50.109, or address the criteria 
for avoiding issue finality as described in the applicable issue 
finality provision in 10 CFR part 52.
    3. Backfitting and issue finality do not--with limited exceptions 
not applicable here--protect current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, protected by the backfitting provisions in 10 CFR 72.62 or 
10 CFR 50.109, or any issue finality provisions under 10 CFR part 52. 
This is because neither of the backfitting provisions in 10 CFR parts 
72 and 50, nor the issue finality provisions under part 52--with 
certain exclusions discussed below--were intended to apply to every NRC 
action which substantially changes the expectations of current and 
future applicants. The exceptions to the general principle are 
applicable whenever an applicant references a part 52 license (e.g., an 
early site permit) and/or NRC regulatory approval (e.g., a design 
certification rule) with specified issue finality provisions. However, 
the matters address in this NUREG are not subject matters or issues for 
which issue finality protection is provided.

V. Congressional Review Act

    This NUREG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

    Dated at Rockville, Maryland, this 5th day of August, 2019.

    For the Nuclear Regulatory Commission.
Michael C. Layton,
Director, Division of Spent Fuel Management, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 2019-17021 Filed 8-7-19; 8:45 am]
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