[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Pages 20149-20153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08679]



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

[[Page 20149]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2014-0261]
RIN 3150-AJ50


List of Approved Spent Fuel Storage Casks: NAC International, 
Inc., MAGNASTOR[supreg] 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[supreg] 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direct final rule is withdrawn as a result of such comments, timely 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):
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#8ecdeffce1e2a0c9efe2e2efe9e6ebfccee0fceda0e9e1f8"><span class="__cf_email__" data-cfemail="adeeccdfc2c183eaccc1c1cccac5c8dfedc3dfce83cac2db">[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#a2f0d7cec7cfc3c9cbccc58ce1cdcfcfc7ccd6d1e2ccd0c18cc5cdd4"><span class="__cf_email__" data-cfemail="a5f7d0c9c0c8c4cecccbc28be6cac8c8c0cbd1d6e5cbd7c68bc2cad3">[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: Solomon Sahle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-3781; email: 
<a href="/cdn-cgi/l/email-protection#e7b4888b888a8889c9b4868f8b82a7899584c9808891"><span class="__cf_email__" data-cfemail="13407c7f7c7e7c7d3d40727b7f76537d61703d747c65">[email protected]</span></a>.

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 
publicly-available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0261.
    <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#463622346834233529333425230628342568212930"><span class="__cf_email__" data-cfemail="f3839781dd8196809c86819096b39d8190dd949c85">[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-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

[[Page 20150]]

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[supreg] 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-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, 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[supreg] 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 
pressurized-water 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:
    <bullet> Page A3-11--Increase the maximum surface gamma dose rate 
for LCO 3.3.1 from 95 to 120 mrem/hr.
    <bullet> 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.
    <bullet> Page A4-4--Authorize use of the MAGNASTOR[supreg] 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.
    <bullet> Page A4-5--Move the lead paragraph and items a through e 
to page A4-5.
    <bullet> Page B2-1--Extend the number of tables specifying fuel 
characteristics to Table B2-41.
    <bullet> Pages B2-2 and B2-4--Add specific fuel characteristic 
tables for WE14x14 fuel assemblies in Tables B2-25 through B2-33 and 
for CE16x16 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.
    <bullet> 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.
    <bullet> Page B2-3--Add footnote a.
    <bullet> Page B2-7--Increase the maximum decay heat for WE14x14 and 
CE16x16 fuel assemblies to 1,800 watts and add footnote 2.
    <bullet> Page B2-9--Add CE16x16 fuel assembly to damaged fuel 
assembly portion of the table.
    <bullet> 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.
    <bullet> 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).
    <bullet> Pages B2-13 and B2-15--Remove notation showing the 
canister alignment mark.
    <bullet> Page B2-16--Remove detail on description of how to block 
unused cells and indicate that unused cells must be physically blocked.

[[Page 20151]]

    <bullet> 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.
    <bullet> Page B2-18--Reduce minimum average enrichment from 1.3 to 
0.7 weight percent.
    <bullet> Page B2-19--Revise footnote 1 to refer to Figure B2-6 
instead of B2-5.
    <bullet> Page B2-20--Add footnotes c and d.
    <bullet> Page B2-21--Add figure showing the 87 fuel assembly 
basket.
    <bullet> Page B2-22--Add alternate configuration for the 82 fuel 
assembly basket and Increment figure number by 1.
    <bullet> Page B2-23--Renumber Figure B2-5 to be B2-6.
    <bullet> Page B2-24--Add row for maximum assembly average burnup of 
5,000 MWd/MTU in Table B2-14.
    <bullet> 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[supreg] 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[supreg] 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[supreg] 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[supreg] 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[supreg] 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[supreg] 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.

[[Page 20152]]

    The MAGNASTOR[supreg] 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 tornado-
generated 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[supreg] 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[supreg] 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 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 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[supreg] 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[supreg] 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[supreg] 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[supreg] System, as currently listed in 
10 CFR 72.214, ``List of

[[Page 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 pressurized-water 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[supreg] 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[supreg] 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.

------------------------------------------------------------------------
                                                              ADAMS
                                                          accession No./
                                                            web link/
                        Document                             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,      ML14140A239
 2014..................................................
Supplemental Information for Proposed Action Dated June     ML14170A032
 13, 2014..............................................
------------------------------------------------------------------------

    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

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, 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).


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.
    Amendment Number 5 Effective Date: June 29, 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 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


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