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

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REGISTER issue of each week.

Rules and Regulations Federal Register

20149 

Vol. 80, No. 72 

Wednesday, April 15, 2015 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2014–0261] 

RIN 3150–AJ50 

List of Approved Spent Fuel Storage 

Casks: NAC International, Inc., 

MAGNASTOR® System; Certificate of 

Compliance No. 1031, Amendment 

No. 5 

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, Inc., 

MAGNASTOR® System listing within 

the ‘‘List of approved spent fuel storage 

casks’’ to include Amendment No. 5 to 

Certificate of Compliance (CoC) No. 

1031. Amendment No. 5 makes 

numerous changes to the Technical 

Specifications (TSs) including adding a 

new damaged fuel assembly, revising 

the maximum or minimum enrichments 

for three fuel assembly designs, adding 

four-zone preferential loading for 

pressurized-water reactor fuel 

assemblies and increasing the maximum 

dose rates in limiting condition for 

operation (LCO) 3.3.1, and other 

editorial changes to Appendices A and 

B of the TSs. 

DATES: The direct final rule is effective 

June 29, 2015, unless significant adverse 

comments are received by May 15, 2015. 

If the direct final rule is withdrawn as 

a result of such comments, timely notice 

of the withdrawal will be published in 

the Federal Register. 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. 

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 Federal 

Register. 

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): 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0261. Address 

questions about NRC dockets to Carol 

Gallagher, telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, please contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• 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: 

Solomon Sahle, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–3781; email: Solomon.Sahle@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Procedural Background 

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–2014– 

0261 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0261. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable 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: pdr.resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ 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. 

B. Submitting Comments 

Please include Docket ID NRC–2014– 

0261 in the subject line of 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 

submission to the NRC, then you should 

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20150 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 

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 direct final rule is limited to the 

changes contained in Amendment No. 5 

to CoC No. 1031 and does not include 

other aspects of the MAGNASTOR®

System design. The NRC is using the 

‘‘direct final rule procedure’’ to issue 

this amendment because it represents a 

limited and routine change to an 

existing CoC that is expected to be 

noncontroversial. Adequate protection 

of public health and safety continues to 

be ensured. This amendment to the rule 

will become effective on June 29, 2015. 

However, if the NRC receives significant 

adverse comments on this direct final 

rule by May 15, 2015, 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 Rule 

section of this issue of the Federal 

Register. 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 

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-andcomment 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, CoC, or TSs. 

For detailed instructions on 

submitting comments, please see the 

ADDRESSES section of this document. 

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 

November 21, 2008 (73 FR 70587), that 

approved the NAC International, Inc., 

MAGNASTOR® System design and 

added it to the list of NRC-approved 

cask designs in 10 CFR 72.214 as CoC 

No. 1031. 

IV. Discussion of Changes 

By letter dated December 19, 2013, 

and as supplemented on March 19, May 

15, and, June 13, 2014, NAC 

International submitted an application 

for Amendment No. 5 of CoC No. 1031. 

The amendment adds a new damaged 

fuel assembly; revises the maximum or 

minimum enrichments for three fuel 

assembly designs; adds four-zone 

preferential loading for pressurizedwater reactor fuel assemblies; and 

increases the maximum dose rates in 

LCO 3.3.1. 

Amendment No. 5 makes the 

following specific changes to 

Appendices A and B of the TSs: 

• Page A3–11—Increase the 

maximum surface gamma dose rate for 

LCO 3.3.1 from 95 to 120 mrem/hr. 

• Page A4–1—Change required 

minimum actual areal density for 10B 

from 0.334 g/cm2 to the correct value of 

0.0334 g/cm2. 

• Page A4–4—Authorize use of the 

MAGNASTOR® System at an 

independent spent fuel storage 

installation (ISFSI) where the maximum 

design basis earthquake (DBE) 

acceleration is greater than previously 

evaluated provided that the ISFSI pad is 

designed with bollards that prevents a 

cask from overturning and bollards are 

designed, fabricated, and installed such 

that they are capable of handling the 

combined loading of the DBE and any 

contact between the bollard and cask 

during the DBE. 

• Page A4–5—Move the lead 

paragraph and items a through e to page 

A4–5. 

• Page B2–1—Extend the number of 

tables specifying fuel characteristics to 

Table B2–41. 

• Pages B2–2 and B2–4—Add specific 

fuel characteristic tables for WE14×14 

fuel assemblies in Tables B2–25 through 

B2–33 and for CE16×16 fuel assemblies 

in Tables B2–34 through B2–41; clarify 

that the assembly average burnup levels 

are for spent nuclear fuel; and add 

footnote a. 

• Pages B2–2 and B2–5—Delete 

information on order and location of 

empty cells for a basket that is not fully 

loaded and add footnote a. 

• Page B2–3—Add footnote a. 

• Page B2–7—Increase the maximum 

decay heat for WE14×14 and CE16×16 

fuel assemblies to 1,800 watts and add 

footnote 2. 

• Page B2–9—Add CE16×16 fuel 

assembly to damaged fuel assembly 

portion of the table. 

• Page B2–10—Revise rod cluster 

control (RCC) cooling times; add cooling 

times for fuel hardware for three-zone 

and four-zone loading patterns; add 

Tables B2–25 through B2–41 to the note; 

and add footnotes a, b, and c. 

• Pages B2–12 and B2–14—Revise the 

table (figure) title to indicate more than 

one decay heat loading pattern 

definition, add three-zone title, and add 

four-zone heat load pattern table 

(figure). 

• Pages B2–13 and B2–15—Remove 

notation showing the canister alignment 

mark. 

• Page B2–16—Remove detail on 

description of how to block unused cells 

and indicate that unused cells must be 

physically blocked. 

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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 20151 

• Page B2–17—Change item G to state 

that unirradiated (instead of 

unenriched) fuel assemblies are not 

authorized for loading, add item H for 

the 86 fuel assembly basket 

configuration, renumber original item H 

to I, revise item I to indicate alternate 

loadings for 82 fuel assembly basket, 

and reference Figure B2–5 in item I. 

• Page B2–18—Reduce minimum 

average enrichment from 1.3 to 0.7 

weight percent. 

• Page B2–19—Revise footnote 1 to 

refer to Figure B2–6 instead of B2–5. 

• Page B2–20—Add footnotes c and 

d. 

• Page B2–21—Add figure showing 

the 87 fuel assembly basket. 

• Page B2–22—Add alternate 

configuration for the 82 fuel assembly 

basket and Increment figure number by 

1. 

• Page B2–23—Renumber Figure B2– 

5 to be B2–6. 

• Page B2–24—Add row for 

maximum assembly average burnup of 

5,000 MWd/MTU in Table B2–14. 

• Pages B2–90 to B2–140—Add tables 

B2–25 to B2–41, respectively, to include 

a new pressurized-water reactor 

preferential loading profile. 

The revised TSs are identified in the 

safety evaluation report (SER). As 

documented in the SER, the NRC staff 

performed a detailed safety evaluation 

of the proposed CoC amendment 

request. There are no significant 

changes to cask design requirements in 

the proposed CoC amendment. 

Considering the specific design 

requirements for each accident 

condition, the design of the cask would 

prevent loss of confinement, shielding, 

and criticality control. If there is no loss 

of confinement, shielding, or criticality 

control, the environmental impacts 

would be insignificant. This amendment 

does 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 No. 5 

would remain well within the 10 CFR 

part 20 limits. Therefore, the proposed 

CoC 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 amounts of any 

effluent released, no significant increase 

in individual or cumulative radiation 

exposure, and no significant increase in 

the potential for or consequences of 

radiological accidents. 

This direct final rule revises the 

MAGNASTOR® System listing in 10 

CFR 72.214 by adding Amendment No. 

5 to CoC No.1031. The amendment 

consists of the changes previously 

described, as set forth in the revised 

CoC and TSs. The revised TSs are 

identified in the SER. 

The amended MAGNASTOR® System 

design, when used under the conditions 

specified in the CoC, the TSs, 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 10 CFR 72.210 

may load spent nuclear fuel into 

MAGNASTOR® Systems that meet the 

criteria of Amendment No. 5 to CoC No. 

1031 under 10 CFR 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 MAGNASTOR®

System design listed in 10 CFR 72.214. 

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 Federal Register 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, it may wish to 

inform its licensees of certain 

requirements using a mechanism 

consistent with that particular State’s 

administrative procedure laws, but does 

not confer regulatory authority on the 

State. 

VII. 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). 

VIII. Environmental Assessment and 

Finding of No Significant 

Environmental Impact 

A. The Action 

The action is to amend 10 CFR 72.214 

to revise the NAC International, Inc., 

MAGNASTOR® System listing within 

the ‘‘List of approved spent fuel storage 

casks’’ to include Amendment No. 5 to 

CoC No. 1031. Under 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,’’ the NRC has 

determined that this rule, if adopted, 

would not be a major Federal action 

significantly affecting the quality of the 

human environment and, therefore, an 

environmental impact statement is not 

required. The NRC has made a finding 

of no significant impact on the basis of 

this environmental assessment. 

B. The Need for the Action 

This direct final rule amends the CoC 

for the NAC International, Inc., 

MAGNASTOR® System design within 

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. 5 makes numerous 

changes to the TSs including adding a 

new damaged fuel assembly, revising 

the maximum or minimum enrichments 

for three fuel assembly designs, adding 

four-zone preferential loading for 

pressurized-water reactor fuel 

assemblies and increasing the maximum 

dose rates in LCO 3.3.1, and other 

editorial changes to Appendices A and 

B of the TSs. The revised TSs are 

identified in the SER. 

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 

assessment for the 1990 final rule. The 

environmental assessment for this 

Amendment No. 5 tiers 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. 

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20152 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 

The MAGNASTOR® System is 

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 

ISFSI, 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 tornadogenerated missiles, a design basis 

earthquake, a design basis flood, an 

accidental cask drop, lightning effects, 

fires, explosions, and other incidents. 

Considering the specific design 

requirements for each accident 

condition, the design of the cask would 

prevent loss of containment, shielding, 

and criticality control. If there is no loss 

of containment, shielding, or criticality 

control, the environmental impacts 

would be insignificant. This amendment 

does not reflect a significant change in 

design or fabrication of the cask. There 

are no significant changes to cask design 

requirements in the proposed CoC 

amendment. In addition, because there 

are no significant design or process 

changes, any resulting occupational 

exposure or offsite dose rates from the 

implementation of Amendment No. 5 

would remain well within 10 CFR part 

20 radiation safety limits. Therefore, the 

proposed CoC 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 

exposures, and no significant increase 

in the potential for or consequences 

from radiological accidents. The staff 

documented these safety findings in the 

SER for this amendment. 

D. Alternative to the Action 

The alternative to this action is to 

deny approval of Amendment No. 5 and 

terminate the direct final rule. 

Consequently, any 10 CFR part 72 

general licensee that seeks to load spent 

nuclear fuel into MAGNASTOR®

System casks in accordance with the 

changes described in proposed 

Amendment No. 5 would have to 

request an exemption from the 

requirements of 10 CFR 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 on the NRC and the costs to each 

licensee. Therefore, the environmental 

impacts would be the same or less than 

the action. 

E. Alternative Use of Resources 

Approval of Amendment No. 5 to CoC 

No. 1031 would result in no irreversible 

commitments 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 10 CFR part 51. Based 

on the foregoing environmental 

assessment, the NRC concludes that this 

direct final rule entitled, ‘‘List of 

Approved Spent Fuel Storage Casks: 

NAC International, Inc., MAGNASTOR®

System; Certificate of Compliance No. 

1031, Amendment No. 5,’’ 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 rule does not contain any 

information collection requirements, 

and is therefore not subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 Office of 

Management and Budget control 

number. 

X. Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this 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, Inc. 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 (10 CFR 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 casks with NRCapproved 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 

CoC, and the conditions of the general 

license are met. A list of NRC-approved 

cask designs is contained in 10 CFR 

72.214. On November 21, 2008 (73 FR 

70687), the NRC issued an amendment 

to 10 CFR part 72 that approved the 

MAGNASTOR® System design and 

added it to the list of NRC-approved 

cask designs in 10 CFR 72.214. 

On December 19, 2013, and as 

supplemented on March 19, May 15, 

and June 13, 2014, NAC International, 

Inc., submitted an application to amend 

the MAGNASTOR® System as described 

in Section IV, ‘‘Discussion of Changes,’’ 

of this document. 

The alternative to this action is to 

withhold approval of Amendment No. 5 

and to require any 10 CFR part 72 

general licensee seeking to load spent 

nuclear fuel into the MAGNASTOR®

System cask under the changes 

described in Amendment No. 5 to 

request an exemption from the 

requirements of 10 CFR 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 on 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 SER and 

the environmental assessment, the 

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 on 

other Government agencies. Based on 

this regulatory analysis, the NRC 

concludes that the requirements of the 

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 CoC No. 1031 

for the NAC International, Inc., 

MAGNASTOR® System, as currently 

listed in 10 CFR 72.214, ‘‘List of 

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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 20153 

approved spent fuel storage casks.’’ The 

revision consists of Amendment No. 5, 

which adds a new damaged fuel 

assembly; revises the maximum or 

minimum enrichments for three fuel 

assembly designs; adds four-zone new 

preferential loading for pressurizedwater reactor fuel assemblies; increases 

the maximum dose rates in LCO 3.3.1; 

and makes other editorial changes to 

Appendices A and B to the TSs. The 

revised TSs are identified in the SER. 

Amendment No. 5 to CoC No. 1031 

for the NAC International, Inc., 

MAGNASTOR® System was not 

submitted in response to new NRC 

requirements, or an NRC request for 

amendment. Amendment No. 5 applies 

only to new casks fabricated and used 

under Amendment No. 5. These changes 

do not affect existing users of the 

MAGNASTOR® System, and the current 

amendments continue to be effective for 

existing users. While any current CoC 

users may comply with the new 

requirements in Amendment No. 5, this 

would be a voluntary decision on the 

part of current users. For these reasons, 

Amendment No. 5 to CoC No. 1031 does 

not constitute backfitting under 10 CFR 

72.62, 10 CFR 50.109(a)(1), or otherwise 

represent an inconsistency with the 

issue finality provisions applicable to 

combined licenses in 10 CFR part 52. 

Accordingly, no backfit analysis or 

additional documentation addressing 

issue finality criteria in 10 CFR part 52 

has been prepared by the staff. 

XIII. Congressional Review Act 

This action is not a major rule as 

defined in the Congressional Review 

Act (5 U.S.C. 801–808). 

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. 

Document 

ADAMS 

accession No./ 

web link/ 

Federal 

Register 

citation 

Proposed CoC No. 1031, 

Amendment No. 5 ............. ML14216A197 

Proposed TS, Appendix A .... ML14216A257 

Proposed TS, Appendix B .... ML14216A270 

Preliminary SER ................... ML14216A310 

Request to Amend Reference 1 Dated December 

19, 2013 ............................ ML13361A144 

Request to Amend Reference 3 Dated March 19, 

2014 .................................. ML14079A525 

Request for Additional Information (RAI) Dated May 

15, 2014 ............................ ML14140A239 

Document 

ADAMS 

accession No./ 

web link/ 

Federal 

Register 

citation 

Supplemental Information for 

Proposed Action Dated 

June 13, 2014 ................... ML14170A032 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

Web site at http://www.regulations.gov 

under Docket ID NRC–2014–0261. The 

Federal rulemaking Web site allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2014–0261); (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, 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 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 

■ 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, 

Pub. L. 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). 

■ 2. In § 72.214, Certificate of 

Compliance No. 1031 is revised to read 

as follows: 

§ 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. 

Amendment Number 5 Effective Date: 

June 29, 2015. 

SAR Submitted by: NAC 

International, Inc. 

SAR Title: Final Safety Analysis 

Report for the MAGNASTOR® System. 

Docket Number: 72–1031. 

Certificate Expiration Date: February 

4, 2029. 

Model Number: MAGNASTOR®. 

* * * * * 

Dated at Rockville, Maryland, this 29th day 

of January, 2015. 

For the Nuclear Regulatory Commission. 

Mark A. Satorius, 

Executive Director for Operations. 

[FR Doc. 2015–08679 Filed 4–14–15; 8:45 am] 

BILLING CODE 7590–01–P 

FEDERAL RESERVE SYSTEM 

12 CFR Parts 217, 225, and 238 

[Docket No. R–1509] 

RIN 1700–AE 30 

Regulations Q, Y, and LL: Small Bank 

Holding Company Policy Statement; 

Capital Adequacy of Board-Regulated 

Institutions; Bank Holding Companies; 

Savings and Loan Holding Companies 

AGENCY: Board of Governors of the 

Federal Reserve System (Board). 

ACTION: Final rule. 

SUMMARY: The Board is adopting final 

amendments (Final Rule) to the Small 

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