[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Proposed Rules]
[Pages 4808-4810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01691]


========================================================================
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. 80, No. 19 / Thursday, January 29, 2015 / 
Proposed Rules

[[Page 4808]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2014-0058]
RIN 3150-AJ39


List of Approved Spent Fuel Storage Casks: NAC International 
MAGNASTOR[supreg] System, Certificate of Compliance No. 1031, Amendment 
No. 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage regulations to add Amendment No. 4 to the 
Certificate of Compliance (CoC) No. 1031 for the NAC International 
MAGNASTOR[supreg] System. Amendment No. 4 changes a limiting condition 
for operation in the technical specifications for transportable storage 
canister vacuum drying and helium backfill times, and corrects a 
typographical error. The NRC approval of this Amendment would not 
authorize transportation.

DATES: Submit comments by March 2, 2015. Comments received after this 
date will be considered if it is practical to do so, but the NRC staff 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any one of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
    <bullet> Federal Rulemaking Web site: Go to: http://www.regulations.gov and search for Docket ID NRC-2014-0058. Address 
questions about NRC dockets to Carol Gallagher, telephone: 301-287-
3422, email: <a href="/cdn-cgi/l/email-protection#0a496b786566244d6b66666b6d626f784a647869246d657c"><span class="__cf_email__" data-cfemail="bdfedccfd2d193fadcd1d1dcdad5d8cffdd3cfde93dad2cb">[email protected]</span></a>. For technical questions, please 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#d183a4bdb4bcb0bab8bfb6ff92bebcbcb4bfa5a291bfa3b2ffb6bea7"><span class="__cf_email__" data-cfemail="7f2d0a131a121e14161118513c1012121a110b0c3f110d1c51181009">[email protected]</span></a>. If you do 
not receive an automatic email reply confirming receipt, 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: Robert MacDougall, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-5175, email: 
<a href="/cdn-cgi/l/email-protection#02506d606770762c4f6361466d7765636e6e426c70612c656d74"><span class="__cf_email__" data-cfemail="70221f121502045e3d1113341f0517111c1c301e02135e171f06">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0058 when contacting the NRC 
about the availability of information for this proposed rule. You may 
access publicly-available information related to this proposed rule by 
any of the following methods:
    <bullet> Federal Rulemaking Web site: Go to: http://www.regulations.gov and search for Docket ID NRC-2014-0058.
    <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#bfcfdbcd91cddaccd0cacddcdaffd1cddc91d8d0c9"><span class="__cf_email__" data-cfemail="3f4f5b4d114d5a4c504a4d5c5a7f514d5c11585049">[email protected]</span></a>. 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. The proposed CoC, proposed Appendix 
A and Appendix B of the technical specifications, and preliminary 
Safety Evaluation Report (SER) are available in ADAMS under Accession 
Nos. ML14272A472, ML14272A479, ML14272A484, and ML14272A487, 
respectively.
    <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-2014-0058 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions 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, and 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 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 proposed rule is limited to the changes contained in Amendment 
No. 4 to CoC No. 1031 and does not include other aspects of the NAC 
International MAGNASTOR[supreg] System design. Because the NRC 
considers this action noncontroversial and routine, 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. Adequate protection of public health and safety continues to 
be ensured. The direct final rule will become effective on April 14,

[[Page 4809]]

2015. If the NRC receives significant adverse comments on this proposed 
rule by March 2, 2015, however, it will publish a document that 
withdraws the direct final rule. If the direct final rule is withdrawn, 
the NRC will address the comments received in response to these 
proposed revisions in a subsequent final rule. Absent significant 
modifications to the proposed revisions that would require 
republication, the NRC will not initiate a second comment period on 
this action.
    A significant adverse comment is one in which the commenter 
explains why the rule would be inappropriate. This could include 
challenging the rule's underlying premise or approach, or explaining 
why the rule 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 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 technical specifications.
    For additional procedural information, including the regulatory 
analysis and the availability of the environmental assessment and 
finding of no significant impact, 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 (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 in part 72 of Title 10 of the Code of Federal 
Regulations (10 CFR), ''Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater Than Class C Waste,'' which added a new subpart 
K within 10 CFR part 72 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 subsequently issued a final rule (73 FR 70587; November 1, 
2008) that approved the NAC International MAGNASTOR[supreg] System 
design and added it to the list of NRC-approved cask designs in 10 CFR 
72.214, ``List of approved spent fuel storage casks,'' as CoC 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, 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).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, 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 proposing to adopt 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 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, 2232, 2233, 
2234, 2236, 2237, 2239, 2273, 2282, 2021); Energy Reorganization Act 
secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Nuclear 
Waste Policy Act secs. 131, 132, 133, 135, 137, 141, 148 (42 U.S.C. 
10151, 10152, 10153, 10155, 10157, 10161, 10168); Government 
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy 
Policy Act of 2005, Public Law 109-58, 119 Stat. 549 (2005).
    Section 72.44(g) also issued under Nuclear Waste Policy Act secs. 
142(b) and 148(c), (d) (42 U.S.C. 10162(b), 10168(c), (d)). Section 
72.46 also issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239); 
Nuclear Waste Policy Act sec. 134 (42 U.S.C. 10154). Section 72.96(d) 
also issued under Nuclear Waste Policy Act sec. 145(g) (42 U.S.C. 
10165(g)). Subpart J also issued under Nuclear Waste Policy Act secs. 
117(a), 141(h) (42 U.S.C. 10137(a), 10161(h)). Subpart K also issued 
under Nuclear Waste Policy Act sec. 218(a) (42 U.S.C. 10198).
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.
    Amendment Number 1 Effective Date: August 30, 2010.
    Amendment Number 2 Effective Date: January 30, 2012.
    Amendment Number 3 Effective Date: July 25, 2013.
    Amendment Number 4 Effective Date: April 14, 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 15th day of January 2015.


[[Page 4810]]


    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2015-01691 Filed 1-28-15; 8:45 am]
BILLING CODE 7590-01-P


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