[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Proposed Rules]
[Pages 59447-59448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20667]
========================================================================
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.
========================================================================
Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 /
Proposed Rules
[[Page 59447]]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2020-0166]
RIN 3150-AK50
List of Approved Spent Fuel Storage Casks: NAC International,
Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No.
1031, Amendment No. 9
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations by revising the NAC International, Inc.
MAGNASTOR[supreg] Storage System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 9 to Certificate of
Compliance No. 1031. Amendment No. 9 revises the certificate of
compliance to add a new concrete storage overpack; four new heat load
zone patterns and their associated decay heats that are specific to
Babcock and Wilcox 15x15 fuel assemblies; a new Babcock & Wilcox 15x15
hybrid fuel assembly type (BW15H5); and a new maximum enrichment for
the BW15H2 hybrid fuel assembly, including a new minimum soluble boron
concentration during loading and unloading operations and neutron
absorber areal density. In addition, Amendment No. 9 makes non-
technical changes to reorganize Appendix B of the technical
specifications.
DATES: Submit comments by October 22, 2020. 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:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0166. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals 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.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
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: Bernard White, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6577; email:
[email protected] or Angella Love Blair, Office of Nuclear Material
Safety and Safeguards; telephone: 301-415-3453; email:
[email protected]. Both are staff of the U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0166 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 https://www.regulations.gov and search for Docket ID NRC-2020-0166.
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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents, is currently closed. You
may submit your request to the PDR via email at [email protected] or
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2020-0166 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
https://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, 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. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, 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. The direct final rule will become effective on December 7,
2020. However, if the NRC receives any significant adverse comment by
October 22, 2020, 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 in a subsequent final rule. Absent
significant
[[Page 59448]]
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 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.
(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 to make a change (other than
editorial) to the rule.
For a more detailed discussion of the proposed rule changes and
associated analyses, 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 of 1982, as amended,
requires that ``[t]he Secretary [of the 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 [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 Nuclear
Waste Policy Act 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 in 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 on
November 21, 2008 (73 FR 70587), that approved the NAC International,
Inc. MAGNASTOR[supreg] Storage System design and added it to the list
of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance 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, 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). 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.
------------------------------------------------------------------------
Adams Accession No./
Document Web Link/Federal
Register Citation
------------------------------------------------------------------------
Redacted SAR for MAGNASTOR[supreg] Amendment 9, ML19302F268 (package).
dated October 29, 2019.
Submission of Responses to the U.S. Nuclear ML20108F319 (package).
Regulatory Commission Request for Additional
Information for Amendment No. 9 to Certificate
of Compliance No. 1031 for the NAC
International MAGNASTOR[supreg] Cask System,
dated April 9, 2020.
Submission of a Supplement to NAC's Request for ML20192A118.
Amendment No. 9 to Certificate of Compliance
No. 1031 for the NAC International
MAGNASTOR[supreg] Cask System, dated June 29,
2020.
Memo--User Need for Rulemaking for the NAC ML20174A551.
International MAGNASTOR[supreg] Cask System
Certificate of Compliance No. 1031, Amendment
No. 9, dated July 28, 2020.
Draft Proposed Certificate of Compliance No. ML20174A552.
1031, Amendment 9.
Proposed Certificate of Compliance No. 1031, ML20174A553.
Amendment 9--Appendix A, Technical
Specifications.
Proposed Certificate of Compliance No. 1031, ML20174A554.
Amendment 9--Appendix B, Technical
Specifications.
Preliminary Certificate of Compliance No. 1031, ML20174A555.
Amendment 9--Safety Evaluation Report.
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2020-0166. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2020-0166); (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).
Dated September 4, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-20667 Filed 9-21-20; 8:45 am]
BILLING CODE 7590-01-P