[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Rules and Regulations]
[Pages 64729-64734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27284]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / 
Rules and Regulations

[[Page 64729]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2018-0220]
RIN 3150-AK17


List of Approved Spent Fuel Storage Casks: NAC International 
Multi-Purpose Canister Storage System, Certificate of Compliance No. 
1025, Amendment Nos. 7 and 8

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 Multi-
Purpose Canister (NAC-MPC) Storage System listing within the ``List of 
approved spent fuel storage casks'' to include Amendment Nos. 7 and 8 
to Certificate of Compliance No. 1025. Amendment No. 7 revises the 
technical specifications to eliminate the requirements for the heat 
removal system to be operable for La Crosse Boiling Water Reactor spent 
fuel stored in the NAC-MPC because convective cooling is not required, 
and to eliminate duplicative requirements. In addition, Amendment No. 8 
removes duplicative surveillance requirements in the technical 
specifications because these requirements are already required by the 
revised Technical Specification A 3.1.6, ``CONCRETE CASK Heat Removal 
System.''

DATES: This direct final rule is effective March 4, 2019, unless 
significant adverse comments are received by January 17, 2019. If this 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register 
(FR). 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 FR.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0220. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#8ecdeffce1e2a0c9efe2e2efe9e6ebfccee0fceda0e9e1f8"><span class="__cf_email__" data-cfemail="7a391b081516543d1b16161b1d121f083a140819541d150c">[email protected]</span></a>. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#9fcdeaf3faf2fef4f6f1f8b1dcf0f2f2faf1ebecdff1edfcb1f8f0e9"><span class="__cf_email__" data-cfemail="6331160f060e02080a0d044d200c0e0e060d1710230d11004d040c15">[email protected]</span></a>. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
    <bullet> Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    <bullet> Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    <bullet> 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: Bernard H. White, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6577; email: 
<a href="/cdn-cgi/l/email-protection#99dbfcebf7f8ebfdb7cef1f0edfcd9f7ebfab7fef6ef"><span class="__cf_email__" data-cfemail="adefc8dfc3ccdfc983fac5c4d9c8edc3dfce83cac2db">[email protected]</span></a> or Gregory R. Trussell, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6244; email: 
<a href="/cdn-cgi/l/email-protection#f6b184939199848fd8a284838585939a9ab6988495d8919980"><span class="__cf_email__" data-cfemail="75320710121a070c5b2107000606101919351b07165b121a03">[email protected]</span></a>. 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. 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-2018-0220 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:
    <bullet> Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0220.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#5f2f3b2d712d3a2c302a2d3c3a1f312d3c71383029"><span class="__cf_email__" data-cfemail="146470663a6671677b61667771547a66773a737b62">[email protected]</span></a>. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
    <bullet> 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-2018-0220 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

[[Page 64730]]

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. Rulemaking Procedure

    This direct final rule is limited to the changes contained in 
Amendment Nos. 7 and 8 to Certificate of Compliance No. 1025 and does 
not include other aspects of the NAC-MPC Storage System design. The NRC 
is using the ``direct final rule procedure'' to issue these amendments 
because they represent limited and routine changes to an existing 
certificate that are expected to be noncontroversial. Adequate 
protection of public health and safety continues to be ensured. The 
amendments to the rule will become effective on March 4, 2019. However, 
if the NRC receives significant adverse comments on this direct final 
rule by January 17, 2019, then 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 Rules section of this issue of the FR. 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, Certificate of Compliance, or technical 
specifications.
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rule section of this 
issue of the FR.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the 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 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 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 
March 9, 2000 (65 FR 12444), that approved the NAC-MPC Cask System 
design and added it to the list of NRC-approved cask designs in Sec.  
72.214 as Certificate of Compliance No. 1025.

IV. Discussion of Changes

    On November 14, 2017, as supplemented on February 12, 2018, NAC 
International submitted a request to the NRC to amend Certificate of 
Compliance No. 1025 by adding Amendment No. 7. On February 28, 2018, 
NAC International also submitted a request to amend Certificate of 
Compliance No. 1025 by adding Amendment No. 8. These two requests are 
included in this rulemaking.
    Amendment No. 7 revises the technical specifications to:
    <bullet> Modify the definition for OPERABLE under Technical 
Specification A 1.1, ``Definitions,'' by deleting the reference to 
Multi Purpose Canister--La Crosse Boiling Water Reactor (MPC LACBWR).
    <bullet> Revise the note under ACTIONS of Technical Specification 
Limiting Condition for Operation (LCO) 3.1.6 under Technical 
Specification A 3.1.6, ``CONCRETE CASK Heat Removal System,'' to 
clarify that LCO 3.1.6 is not applicable to the MPC-LACBWR CANISTER.
    <bullet> Revise SURVEILLANCE under Surveillance Requirement (SR) 
3.1.6.1 by deleting ``and the MPC LACBWR CANISTER.'' Further, add a 
footnote to SR 3.1.6.1 stating, ``SR 3.1.6.1 is not applicable to the 
MPC LACBWR CANISTER. Convective cooling is not required for the MPC-
LACBWR CANISTER.''
    <bullet> Revise Technical Specification A 5.3 under A 5.0, 
``ADMINISTRATIVE CONTROLS AND PROGRAMS,'' to delete the requirement for 
a response surveillance following off normal, accident, or natural 
phenomena events since the response surveillance is, in principle, 
covered by existing technical specification surveillance requirements 
and frequencies.
    This amendment also revises the technical specifications to ensure 
they are consistent with the applicant's proposed change for the decay 
heat in its revised thermal evaluation, and makes an editorial change 
in Technical Specification 3.1.2 to ensure consistency.
    Amendment No. 8 revises the technical specifications to:
    <bullet> Revise Technical Specification No. A 3.1.6, ``CONCRETE 
CASK Heat Removal System'' to change Condition A from ``LCO not met'' 
to ``CONCRETE CASK Heat Removal System inoperable.''
    <bullet> Add new LCO REQUIRED ACTION A.1 ``Ensure adequate heat 
removal to prevent exceeding short-term temperature limits with an 
Immediate COMPLETION TIME,'' and renumber old A.1 to A.2 ``Restore 
CONCRETE CASK Heat Removal System to OPERABLE status.''
    <bullet> Revise renumbered LCO REQUIRED ACTION A.2 COMPLETION TIME 
from 8 hours to 25 days under Technical Specification A 3.1.6.
    <bullet> Revise Technical Specification A 3.1.6 CONDITION B from 
``Required Action and associated Completion Time not met'' to 
``Required Action A.1 or A.2 and associated Completion Time not met.''

[[Page 64731]]

    <bullet> Delete Technical Specification A 3.1.6 LCO REQUIRED ACTION 
B.1, ``Perform SR 3.1.6.1,'' and renumber old B.2.1 and B.2.2 to B.1 
and B.2, respectively.
    <bullet> Revise renumbered LCO REQUIRED ACTIONS B.1 and B.2 
COMPLETION TIMES from 12 hours to 5 days under Technical Specification 
A 3.1.6.
    <bullet> Revise Technical Specification A 3.2.2, ``CONCRETE CASK 
Average Surface Dose Rates,'' APPLICABILITY from ``Prior to or at the 
beginning of STORAGE OPERATIONS'' to ``Prior to STORAGE OPERATIONS.''
    <bullet> Delete Technical Specification A 5.3, ``Surveillance After 
an Off-Normal, Accident, or Natural Phenomena Event,'' in its entirety 
as response surveillance is, in principle, covered by existing 
technical specification surveillance requirements and frequencies.
    As documented in the preliminary safety evaluation reports, the NRC 
performed a safety review of each proposed Certificate of Compliance 
amendment request. For Amendment No. 7, with reduced heat load the 
convective heat flow in the annulus between the canister and concrete 
cask does not need to work in order for the storage cask and spent fuel 
to remain below their respective maximum operating temperatures. For 
Amendment No. 8, the surveillance requirements in Technical 
Specification A 5.3, ``Surveillance After an Off-Normal, Accident, or 
Natural Phenomena Event'' can be deleted because these requirements can 
be achieved with the revised Technical Specification A 3.1.6, 
``CONCRETE CASK Heat Removal System'' by ensuring the heat removal 
capability. There are no significant changes to cask design 
requirements in the proposed amendments. Considering the specific 
design requirements for each accident condition, the design of the cask 
would prevent loss of containment, shielding, and criticality control 
in the event of an accident. These amendments do 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 Amendment Nos. 7 and 8 would remain well within the 
10 CFR part 20 limits. There will be no significant change in the types 
or 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 NAC-MPC Storage System listing 
in Sec.  72.214 by adding Amendment Nos. 7 and 8 to Certificate of 
Compliance No. 1025. These amendments consist of the changes previously 
described, as set forth in the revised certificate and technical 
specifications. The revised technical specifications are identified in 
the preliminary safety evaluation reports.
    The amended NAC-MPC Storage System design, when used under the 
conditions specified in the Certificate of Compliance, technical 
specifications, 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 Sec.  72.210 may 
load spent nuclear fuel into NAC-MPC Storage System casks that meet the 
criteria of Amendment Nos. 7 and 8 to Certificate of Compliance No. 
1025 under Sec.  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 NAC-MPC Storage System design listed in Sec.  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 FR on September 3, 1997 (62 FR 46517), this 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, and the Category ``NRC'' does not 
confer regulatory authority on the State, the State may wish to inform 
its licensees of certain requirements by means consistent with the 
particular State's administrative procedure laws.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and 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 Sec.  72.214 to revise the NAC-MPC Storage 
System listing within the ``List of approved spent fuel storage casks'' 
to include Amendment Nos. 7 and 8 to Certificate of Compliance No. 
1025. Amendment No. 7 revises the technical specifications to eliminate 
the requirements for the heat removal system to be operable for La 
Crosse Boiling Water Reactor spent fuel and to eliminate duplicative 
requirements. In addition, Amendment No. 8 removes surveillance 
requirements in the technical specifications because these requirements 
are already required by the revised Technical Specification A 3.1.6, 
``CONCRETE CASK Heat Removal System.''

B. The Need for the Action

    This direct final rule adds an amended Certificate of Compliance 
for the NAC-MPC Storage System design to 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, Amendment 
No. 7 revises the technical specifications to eliminate the 
requirements for the heat removal system to be operable for La Crosse 
Boiling Water Reactor spent fuel and to eliminate duplicative 
requirements as described in Section IV, ``Discussion of Changes,'' of 
this document. In addition, Amendment No. 8 removes surveillance 
requirements in the technical specifications because these requirements 
already are required by the revised Technical Specification A 3.1.6, 
``CONCRETE CASK Heat Removal System.''

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

[[Page 64732]]

assessment for the 1990 final rule. The environmental assessment for 
Amendment Nos. 7 and 8 tier 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 of 1969, 
as amended.
    The NAC-MPC Storage Systems are designed to mitigate the effects of 
design basis accidents that 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, 
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 confinement, 
shielding, and criticality control in the event of an accident. If 
there is no loss of confinement, shielding, or criticality control, the 
environmental impacts resulting from an accident would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask.
    Because there are no significant design or process changes, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment Nos. 7 and 8 would remain well within the 
10 CFR part 20 limits. Therefore, the proposed 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. The staff documented its safety findings in the 
preliminary safety evaluation reports.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment 
Nos. 7 and 8 and end the direct final rule. Consequently, any 10 CFR 
part 72 general licensee that seeks to either load spent nuclear fuel 
into the NAC-MPC Storage System or utilize the technical 
specifications, which reduces the burden on surveillance for storage of 
La Crosse Boiling Water Reactor spent fuel and other general licensees, 
in accordance with the changes described in proposed Amendment Nos. 7 
and 8 would have to request an exemption from the requirements of 
Sec. Sec.  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 more likely greater than, 
the proposed action.

E. Alternative Use of Resources

    Approval of Amendment Nos. 7 and 8 to Certificate of Compliance No. 
1025 would result in no irreversible commitment 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 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.'' Based on the foregoing environmental 
assessment, the NRC concludes that this direct final rule entitled 
``List of Approved Spent Fuel Storage Casks: NAC International Multi-
Purpose Canister Storage System, Certificate of Compliance No. 1025, 
Amendment Nos. 7 and 8,'' 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 new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget (OMB), approval number 
3150-0132.
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 
OMB control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final 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 International. 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 (Sec.  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 Certificate of 
Compliance, and the conditions of the general license are met. A list 
of NRC-approved cask designs is contained in Sec.  72.214. On March 9, 
2000 (65 FR 12444), the NRC issued an amendment to 10 CFR part 72 that 
approved the NAC-MPC Storage System design by adding it to the list of 
NRC-approved cask designs in Sec.  72.214.
    On November 14, 2017, as supplemented on February 12, 2018, NAC 
International submitted a request to the NRC to amend Certificate of 
Compliance No. 1025 by adding Amendment No. 7. On February 28, 2018, 
NAC International also submitted a request to amend Certificate of 
Compliance No. 1025 by adding Amendment No. 8. The NAC International 
submitted these applications to amend the NAC-MPC Storage System as 
described in Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
Nos. 7 and 8 and to require any 10 CFR part 72 general licensee seeking 
to load spent nuclear fuel into NAC-MPC Storage Systems under the 
changes described in Amendment Nos. 7 and 8 to request an exemption 
from the requirements of

[[Page 64733]]

Sec. Sec.  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 preliminary safety evaluation 
reports and environmental assessment, this 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 this direct final rule are 
commensurate 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 Certificate of Compliance 
No. 1025 for the NAC-MPC Storage System, as currently listed in Sec.  
72.214, ``List of approved spent fuel storage casks.'' The revision 
consists of Amendment Nos. 7 and 8, which revise the technical 
specifications to eliminate the requirements for the heat removal 
system to be operable for La Crosse Boiling Water Reactor spent fuel 
and to eliminate duplicative requirements and removes surveillance 
requirements in the technical specifications because these requirements 
are already required by the revised Technical Specification A 3.1.6, 
``CONCRETE CASK Heat Removal System.''
    Amendment Nos. 7 and 8 to Certificate of Compliance No. 1025 for 
the NAC-MPC Storage System were initiated by NAC International and were 
not submitted in response to new NRC requirements, or an NRC request 
for amendment. Amendment Nos. 7 and 8 apply only to new casks 
fabricated and used under Amendment Nos. 7 and 8. These changes do not 
affect existing users of the NAC-MPC Storage System, and the current 
Amendment No. 6 continues to be effective for existing users. While 
current users of this storage system may comply with the new 
requirements in Amendment Nos. 7 and 8, this would be a voluntary 
decision on the part of current users.
    For these reasons, Amendment Nos. 7 and 8 to Certificate of 
Compliance No. 1025 do not constitute backfitting under Sec.  72.62 or 
Sec.  50.109(a)(1), or otherwise represent an inconsistency with the 
issue finality provisions applicable to combined licenses in 10 CFR 
part 52. Accordingly, the NRC staff has not prepared a backfit analysis 
for this rulemaking.

XIII. Congressional Review Act

    This direct final rule is not a rule as defined in the 
Congressional Review Act.

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.

------------------------------------------------------------------------
                                         ADAMS Accession No./ web link/
               Document                    Federal Register citation
------------------------------------------------------------------------
Request to Amend Certificate of        ML17326A128
 Compliance No. 1025 for the NAC-MPC
 Storage System, dated November 14,
 2017.
Request to Amend Certificate of        ML18045A440
 Compliance No. 1025 for the NAC-MPC
 Storage System, dated February 12,
 2018.
Request to Amend Certificate of        ML18059A784
 Compliance No. 1025 for the NAC-MPC
 Storage System, dated February 28,
 2018.
Proposed Certificate of Compliance     ML18255A024
 No. 1025, Amendment No. 7.
Proposed Technical Specification       ML18255A022
 Appendices A and B for Amendment No.
 7.
Preliminary Safety Evaluation Report   ML18255A026
 for Amendment No. 7.
Proposed Certificate of Compliance     ML18255A025
 No. 1025, Amendment No. 8.
Proposed Technical Specification       ML18255A023
 Appendices A and B for Amendment No.
 8.
Preliminary Safety Evaluation Report   ML18255A027
 for Amendment No. 8.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0220. 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-2018-0220); (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, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, 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),

[[Page 64734]]

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 1025 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1025.
    Initial Certificate Effective Date: April 10, 2000.
    Amendment Number 1 Effective Date: November 13, 2001.
    Amendment Number 2 Effective Date: May 29, 2002.
    Amendment Number 3 Effective Date: October 1, 2003.
    Amendment Number 4 Effective Date: October 27, 2004.
    Amendment Number 5 Effective Date: July 24, 2007.
    Amendment Number 6 Effective Date: October 4, 2010.
    Amendment Number 7 Effective Date: March 4, 2019.
    Amendment Number 8 Effective Date: March 4, 2019.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose 
Canister System (NAC-MPC System).
    Docket Number: 72-1025.
    Certificate Expiration Date: April 10, 2020.
    Model Number: NAC-MPC.
* * * * *

    Dated at Rockville, Maryland, this 4th day of December 2018.

    For the Nuclear Regulatory Commission.

Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-27284 Filed 12-17-18; 8:45 am]
 BILLING CODE 7590-01-P


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