80_FR_36589 80 FR 36467 - List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® System; Certificate of Compliance No. 1031, Amendment No. 5

80 FR 36467 - List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® System; Certificate of Compliance No. 1031, Amendment No. 5

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 122 (June 25, 2015)

Page Range36467-36469
FR Document2015-15607

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of June 29, 2015, for the direct final rule that was published in the Federal Register on April 15, 2015. This direct final rule amended the NRC's 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.

Federal Register, Volume 80 Issue 122 (Thursday, June 25, 2015)
[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Rules and Regulations]
[Pages 36467-36469]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15607]


=======================================================================
-----------------------------------------------------------------------

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; confirmation of effective date.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is confirming the 
effective date of June 29, 2015, for the direct final rule that was 
published in the Federal Register on April 15, 2015. This direct final 
rule amended the NRC's 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: Effective Date: The effective date of June 29, 2015, for the 
direct final rule published April 15, 2015 (80 FR 20149), is confirmed.

ADDRESSES: 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:
     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: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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 [email protected]. 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.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

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: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    On April 15, 2015 (80 FR 20149), the NRC published a direct final 
rule amending its regulations in Sec.  72.214 of Title 10 of the Code 
of Federal Regulations (10 CFR) 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 CoC No. 1031. 
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.

II. Public Comments on the Companion Proposed Rule

    In the direct final rule, the NRC stated that if no significant 
adverse comments were received, the direct final rule would become 
effective on June 29, 2015. The NRC received two identical public 
comments from private citizens on the companion proposed rule (80 FR 
20171). Electronic copies of these comments can be obtained from the 
Federal rulemaking Web site, http://www.regulations.gov, by searching 
for Docket ID NRC-2014-0261. The comments also are available in ADAMS 
under Accession No. ML15147A691. For the reasons discussed in more 
detail in Section III, ``Public Comment Analysis,'' of this document, 
none of the comments received are considered significant adverse 
comments.

III. Public Comment Analysis

    The NRC received two identical comments from private citizens on 
the proposed rule. As explained in the April 15, 2015, direct final 
rule (80 FR 20149), the NRC would withdraw the direct final rule only 
if it received a ``significant adverse comment.'' This 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:

[[Page 36468]]

    (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.
    The NRC determined that none of the comments submitted on this 
direct final rule met any of these criteria. The comments either were 
already addressed in the NRC staff's safety evaluation report (SER) 
(ADAMS Accession No. ML14216A310), were beyond the scope of this 
rulemaking, or failed to provide a reason sufficient to require a 
substantive response in a notice-and-comment rulemaking. The NRC has 
not made any changes to the direct final rule as a result of the public 
comments. However, the NRC is taking this opportunity to respond to the 
individual comments to clarify information about the CoC rulemaking 
process.
    For rulemakings amending or revising a CoC, the scope of the 
rulemaking is limited to the specific changes requested by the 
applicant in the request for the amendment or amendment revision. 
Therefore, comments about the system, or spent fuel storage in general 
that are not applicable to the changes requested by the applicant are 
outside the scope of this rulemaking. Comments about details of the 
particular system that is the subject of the rulemaking, but that are 
not being addressed by the specific changes requested, have already 
been resolved in prior rulemakings. Persons who have questions or 
concerns about prior rulemakings and the resulting final rules may 
consider the NRC's process for petitions for rulemaking under 10 CFR 
2.802, ``Petition for rulemaking.'' Additionally, safety concerns about 
any NRC-regulated activity may be reported to the NRC in accordance 
with the guidance posted on the NRC's public Web site at http://www.nrc.gov/about-nrc/regulatory/allegations/safety-concern.html. This 
Web site provides information on how to notify the NRC of emergency or 
non-emergency issues.
    The NRC identified two overall issues raised in the two identical 
comments received, and the NRC's responses to these issues follow.

Issue 1: Increased Dose Rate Around the Storage Cask

    The commenter stated that it is unacceptable and unnecessary to 
increase dry cask exposure. The commenter stated that the exposure 
should be decreasing instead of increasing by 26 percent. By 
referencing a Biological Effects of Ionizing Radiation (BEIR) report, 
the commenter stated that 120 mrem per hour gives whoever or whatever 
is around the dry cask for 1 year over 100 percent chance of cancer or 
leukemia. The commenter also stated that it is impossible to have 450 
mrem per hour on top of the dry cask without a similar dose surrounding 
it; and that such dose does not meet as low as is reasonably achievable 
requirements and impacts not just people, but animals, too. The 
commenter suggested counting all casks together in determining dose, 
rather than just using a single cask, as indicated in Revision 1 of 
NUREG-1536, ``Standard Review Plan for Dry Cask Storage Systems'' 
(ADAMS Accession No. ML101040620). The commenter noted that variations 
in cask emissions always appear to add up to the required dose at the 
fence line.
NRC Response
    These comments are not within the scope of this specific 
rulemaking. This rulemaking is limited to the addition of Amendment No. 
5 to CoC No. 1031 for the MAGNASTOR[supreg] System. This rulemaking 
does not propose any change in the standards for approval of a CoC or 
to the guidance documents (such as NUREG-1536) that are used to guide 
review of the CoC applications. The regulations in 10 CFR part 72 for 
approval of a CoC require the applicant to demonstrate that storage of 
spent fuel will not result in an annual dose beyond the established 
regulatory limits for an individual located beyond the site boundary. 
(See 10 CFR 72.104). Therefore, even though the changes included in 
Amendment No. 5 increase the dose rate on the surface of the canister, 
the amendment was found to be in compliance with 10 CFR part 72 
because, as documented in Section 5.0 of the NRC staff's SER (ADAMS 
Accession No. ML14216A310), the certificate holder demonstrated that 
the potential dose at the site boundary would remain below regulatory 
limits.
    Moreover, storage casks that will be loaded or stored under 
Amendment No. 5 to the MAGNASTOR[supreg] System are only authorized for 
use under a general license to power reactor licensees. These licensees 
are subject to a number of other regulatory requirements that limit 
exposure from the spent fuel in the casks through regulations that 
directly limit access to the casks and limit dose to workers or members 
of the public located on site at a nuclear power plant. (See 10 CFR 
parts 20 and 73). Therefore, any general licensee that uses this cask 
system is subject to additional regulatory requirements that ensure 
dose rates to individuals on site remain within regulatory limits. 
Those additional regulatory requirements that apply to the general 
licensee are not, however, part of this rulemaking, but are beyond its 
scope.

Issue 2: Bollards and Earthquake Protection

    The commenter stated that replacing real earthquake-proof 
engineering with bollards is not acceptable, as they might puncture 
holes in the dry casks. The commenter suggested developing other ways 
to earthquake-proof already filled casks such as anchors, dampers, or 
other means. The commenter also suggested making all new casks 
earthquake-proof, for the maximum earthquake anywhere.
NRC Response
    The safety issue regarding the use of bollards was addressed by the 
NRC staff in its SER, and the commenter does not raise any additional 
information that would alter the staff's determination that Amendment 
No. 5 to the MAGNASTOR[supreg] System, when used within the 
requirements of the proposed CoC, will safely store spent fuel. 
Amendment No. 5 includes a specific TS to address this issue, TS 
4.3.1(i) (ADAMS Accession No. ML14216A257), which requires a general 
licensee using the system under this amendment to evaluate the impact 
of the bollards on the storage cask using that site's design-basis 
earthquake. The TS requires the licensee's analysis to demonstrate that 
any damage to the storage cask from the bollards when analyzed using 
the site's specific design-basis earthquake, is bounded by the 
applicant's analysis of a non-mechanistic tipover event contained in 
the final safety analysis report. (See Section 3 of the NRC staff's SER 
(ADAMS Accession No. ML14216A310)).
    As to the general comments raising concerns with the regulatory 
requirements and process in 10 CFR part 72 for evaluating seismic 
issues in the CoC application, those comments are beyond the scope of 
this rulemaking which is limited to the addition of Amendment No. 5 to 
CoC No. 1031 for the MAGNASTOR[supreg] System. Persons who have 
questions or concerns about prior rulemakings and the resulting final

[[Page 36469]]

rules may consider the NRC's process for petitions for rulemaking under 
10 CFR 2.802.
    Therefore, the NRC staff has concluded that the comments received 
on the companion proposed rule for Amendment No. 5 to CoC No. 1031 for 
the MAGNASTOR[supreg] System are not significant adverse comments as 
defined in NUREG/BR-0053, Revision 6, ``United States Nuclear 
Regulatory Commission Regulations Handbook'' (ADAMS Accession No. 
ML052720461). Therefore, this rule will become effective as scheduled.

    Dated at Rockville, Maryland, this 22nd day of June, 2015.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2015-15607 Filed 6-24-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations                                         36467

                                           Executive Orders 12866, 12988, 13175,                   MAGNASTOR® System listing within                       301–415–3781; email: Solomon.Sahle@
                                           and 13563; the Paperwork Reduction                      the ‘‘List of approved spent fuel storage              nrc.gov.
                                           Act (44 U.S.C. Chapter 35); and the                     casks’’ to include Amendment No. 5 to                  SUPPLEMENTARY INFORMATION:
                                           E-Gov Act (44 U.S.C. 101).                              Certificate of Compliance (CoC) No.
                                              After consideration of all relevant                  1031. Amendment No. 5 makes                            I. Discussion
                                           material presented, it is found that                    numerous changes to the Technical                        On April 15, 2015 (80 FR 20149), the
                                           finalizing the interim rule, without                    Specifications (TSs) including adding a                NRC published a direct final rule
                                           change, as published in the Federal                     new damaged fuel assembly, revising                    amending its regulations in § 72.214 of
                                           Register (80 FR 15673, March 25, 2015)                  the maximum or minimum enrichments                     Title 10 of the Code of Federal
                                           will tend to effectuate the declared                    for three fuel assembly designs, adding                Regulations (10 CFR) by revising the
                                           policy of the Act.                                      four-zone preferential loading for                     NAC International, Inc., MAGNASTOR®
                                                                                                   pressurized-water reactor fuel                         System listing within the ‘‘List of
                                           List of Subjects
                                                                                                   assemblies and increasing the maximum                  approved spent fuel storage casks’’ to
                                           7 CFR Part 944                                          dose rates in limiting condition for                   include Amendment No. 5 to CoC No.
                                             Avocados, Food grades and standards,                  operation (LCO) 3.3.1, and other                       1031. Amendment No. 5 makes
                                           Grapefruit, Grapes, Imports, Kiwifruit,                 editorial changes to Appendices A and                  numerous changes to the TSs including
                                           Limes, Olives, Oranges.                                 B of the TSs.                                          adding a new damaged fuel assembly,
                                                                                                   DATES: Effective Date: The effective date              revising the maximum or minimum
                                           7 CFR Part 980                                          of June 29, 2015, for the direct final rule            enrichments for three fuel assembly
                                             Food grades and standards, Imports,                   published April 15, 2015 (80 FR 20149),                designs, adding four-zone preferential
                                           Marketing agreements, Onions, Potatoes,                 is confirmed.                                          loading for pressurized-water reactor
                                           Tomatoes.                                               ADDRESSES: Please refer to Docket ID                   fuel assemblies and increasing the
                                                                                                   NRC–2014–0261 when contacting the                      maximum dose rates in LCO 3.3.1, and
                                           7 CFR Part 999
                                                                                                   NRC about the availability of                          other editorial changes to Appendices A
                                             Dates, Filberts, Food grades and                      information for this action. You may                   and B of the TSs.
                                           standards, Imports, Nuts, Prunes,                       obtain publicly-available information
                                           Raisins, Reporting and recordkeeping                                                                           II. Public Comments on the Companion
                                                                                                   related to this action by any of the                   Proposed Rule
                                           requirements, Walnuts.                                  following methods:
                                             Accordingly, the interim rule that                       • Federal Rulemaking Web site: Go to                  In the direct final rule, the NRC stated
                                           amended 7 CFR parts 944, 980, and 999                   http://www.regulations.gov and search                  that if no significant adverse comments
                                           that was published at 80 FR 15673 on                    for Docket ID NRC–2014–0261. Address                   were received, the direct final rule
                                           March 25, 2015, is adopted as a final                   questions about NRC dockets to Carol                   would become effective on June 29,
                                           rule, without change.                                   Gallagher; telephone: 301–415–3463;                    2015. The NRC received two identical
                                             Dated: June 18, 2015.                                 email: Carol.Gallagher@nrc.gov. For                    public comments from private citizens
                                                                                                   technical questions, contact the                       on the companion proposed rule (80 FR
                                           Rex A. Barnes,
                                                                                                   individual listed in the FOR FURTHER                   20171). Electronic copies of these
                                           Associate Administrator, Agricultural                                                                          comments can be obtained from the
                                           Marketing Service.                                      INFORMATION CONTACT section of this
                                                                                                   document.                                              Federal rulemaking Web site, http://
                                           [FR Doc. 2015–15386 Filed 6–24–15; 8:45 am]
                                                                                                                                                          www.regulations.gov, by searching for
                                           BILLING CODE P                                             • NRC’s Agencywide Documents
                                                                                                                                                          Docket ID NRC–2014–0261. The
                                                                                                   Access and Management System
                                                                                                                                                          comments also are available in ADAMS
                                                                                                   (ADAMS): You may obtain publicly-
                                                                                                                                                          under Accession No. ML15147A691.
                                           NUCLEAR REGULATORY                                      available documents online in the
                                                                                                                                                          For the reasons discussed in more detail
                                           COMMISSION                                              ADAMS Public Documents collection at
                                                                                                                                                          in Section III, ‘‘Public Comment
                                                                                                   http://www.nrc.gov/reading-rm/
                                                                                                                                                          Analysis,’’ of this document, none of the
                                           10 CFR Part 72                                          adams.html. To begin the search, select
                                                                                                                                                          comments received are considered
                                                                                                   ‘‘ADAMS Public Documents’’ and then
                                           [NRC–2014–0261]                                                                                                significant adverse comments.
                                                                                                   select ‘‘Begin Web-based ADAMS
                                           RIN 3150–AJ50                                           Search.’’ For problems with ADAMS,                     III. Public Comment Analysis
                                                                                                   please contact the NRC’s Public                           The NRC received two identical
                                           List of Approved Spent Fuel Storage                     Document Room (PDR) reference staff at                 comments from private citizens on the
                                           Casks: NAC International, Inc.,                         1–800–397–4209, 301–415–4737, or by                    proposed rule. As explained in the April
                                           MAGNASTOR® System; Certificate of                       email to pdr.resource@nrc.gov. The                     15, 2015, direct final rule (80 FR 20149),
                                           Compliance No. 1031, Amendment                          ADAMS accession number for each                        the NRC would withdraw the direct
                                           No. 5                                                   document referenced (if it is available in             final rule only if it received a
                                                                                                   ADAMS) is provided the first time that                 ‘‘significant adverse comment.’’ This is
                                           AGENCY:   Nuclear Regulatory
                                                                                                   it is mentioned in the SUPPLEMENTARY                   a comment where the commenter
                                           Commission.
                                                                                                   INFORMATION section.
                                           ACTION: Direct final rule; confirmation of                                                                     explains why the rule would be
                                                                                                      • NRC’s PDR: You may examine and                    inappropriate, including challenges to
                                           effective date.                                         purchase copies of public documents at                 the rule’s underlying premise or
                                           SUMMARY:   The U.S. Nuclear Regulatory                  the NRC’s PDR, Room O–1F21, One                        approach, or would be ineffective or
                                           Commission (NRC) is confirming the                      White Flint North, 11555 Rockville                     unacceptable without a change. A
Lhorne on DSK7TPTVN1PROD with RULES




                                           effective date of June 29, 2015, for the                Pike, Rockville, Maryland 20852.                       comment is adverse and significant if:
                                           direct final rule that was published in                 FOR FURTHER INFORMATION CONTACT:                          (1) The comment opposes the rule and
                                           the Federal Register on April 15, 2015.                 Solomon Sahle, Office of Nuclear                       provides a reason sufficient to require a
                                           This direct final rule amended the                      Material Safety and Safeguards, U.S.                   substantive response in a notice-and-
                                           NRC’s spent fuel storage regulations by                 Nuclear Regulatory Commission,                         comment process. For example, a
                                           revising the NAC International, Inc.,                   Washington, DC 20555–0001; telephone:                  substantive response is required when:


                                      VerDate Sep<11>2014   13:54 Jun 24, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\25JNR1.SGM   25JNR1


                                           36468              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations

                                              (a) The comment causes the NRC staff                 received, and the NRC’s responses to                   of other regulatory requirements that
                                           to reevaluate (or reconsider) its position              these issues follow.                                   limit exposure from the spent fuel in the
                                           or conduct additional analysis;                                                                                casks through regulations that directly
                                                                                                   Issue 1: Increased Dose Rate Around the
                                              (b) The comment raises an issue                                                                             limit access to the casks and limit dose
                                                                                                   Storage Cask
                                           serious enough to warrant a substantive                                                                        to workers or members of the public
                                           response to clarify or complete the                        The commenter stated that it is                     located on site at a nuclear power plant.
                                           record; or                                              unacceptable and unnecessary to                        (See 10 CFR parts 20 and 73). Therefore,
                                              (c) The comment raises a relevant                    increase dry cask exposure. The                        any general licensee that uses this cask
                                           issue that was not previously addressed                 commenter stated that the exposure                     system is subject to additional
                                           or considered by the NRC staff.                         should be decreasing instead of                        regulatory requirements that ensure
                                              (2) The comment proposes a change                    increasing by 26 percent. By referencing               dose rates to individuals on site remain
                                           or an addition to the rule, and it is                   a Biological Effects of Ionizing Radiation             within regulatory limits. Those
                                           apparent that the rule would be                         (BEIR) report, the commenter stated that               additional regulatory requirements that
                                           ineffective or unacceptable without                     120 mrem per hour gives whoever or                     apply to the general licensee are not,
                                           incorporation of the change or addition.                whatever is around the dry cask for 1                  however, part of this rulemaking, but
                                              (3) The comment causes the NRC staff                 year over 100 percent chance of cancer                 are beyond its scope.
                                                                                                   or leukemia. The commenter also stated
                                           to make a change (other than editorial)                                                                        Issue 2: Bollards and Earthquake
                                                                                                   that it is impossible to have 450 mrem
                                           to the rule, CoC, or TSs.                                                                                      Protection
                                                                                                   per hour on top of the dry cask without
                                              The NRC determined that none of the
                                                                                                   a similar dose surrounding it; and that                   The commenter stated that replacing
                                           comments submitted on this direct final
                                                                                                   such dose does not meet as low as is                   real earthquake-proof engineering with
                                           rule met any of these criteria. The
                                                                                                   reasonably achievable requirements and                 bollards is not acceptable, as they might
                                           comments either were already
                                                                                                   impacts not just people, but animals,                  puncture holes in the dry casks. The
                                           addressed in the NRC staff’s safety                     too. The commenter suggested counting                  commenter suggested developing other
                                           evaluation report (SER) (ADAMS                          all casks together in determining dose,                ways to earthquake-proof already filled
                                           Accession No. ML14216A310), were                        rather than just using a single cask, as               casks such as anchors, dampers, or other
                                           beyond the scope of this rulemaking, or                 indicated in Revision 1 of NUREG–                      means. The commenter also suggested
                                           failed to provide a reason sufficient to                1536, ‘‘Standard Review Plan for Dry                   making all new casks earthquake-proof,
                                           require a substantive response in a                     Cask Storage Systems’’ (ADAMS                          for the maximum earthquake anywhere.
                                           notice-and-comment rulemaking. The                      Accession No. ML101040620). The
                                           NRC has not made any changes to the                                                                            NRC Response
                                                                                                   commenter noted that variations in cask
                                           direct final rule as a result of the public             emissions always appear to add up to                      The safety issue regarding the use of
                                           comments. However, the NRC is taking                    the required dose at the fence line.                   bollards was addressed by the NRC staff
                                           this opportunity to respond to the                                                                             in its SER, and the commenter does not
                                           individual comments to clarify                          NRC Response                                           raise any additional information that
                                           information about the CoC rulemaking                       These comments are not within the                   would alter the staff’s determination
                                           process.                                                scope of this specific rulemaking. This                that Amendment No. 5 to the
                                              For rulemakings amending or revising                 rulemaking is limited to the addition of               MAGNASTOR® System, when used
                                           a CoC, the scope of the rulemaking is                   Amendment No. 5 to CoC No. 1031 for                    within the requirements of the proposed
                                           limited to the specific changes                         the MAGNASTOR® System. This                            CoC, will safely store spent fuel.
                                           requested by the applicant in the                       rulemaking does not propose any                        Amendment No. 5 includes a specific
                                           request for the amendment or                            change in the standards for approval of                TS to address this issue, TS 4.3.1(i)
                                           amendment revision. Therefore,                          a CoC or to the guidance documents                     (ADAMS Accession No. ML14216A257),
                                           comments about the system, or spent                     (such as NUREG–1536) that are used to                  which requires a general licensee using
                                           fuel storage in general that are not                    guide review of the CoC applications.                  the system under this amendment to
                                           applicable to the changes requested by                  The regulations in 10 CFR part 72 for                  evaluate the impact of the bollards on
                                           the applicant are outside the scope of                  approval of a CoC require the applicant                the storage cask using that site’s design-
                                           this rulemaking. Comments about                         to demonstrate that storage of spent fuel              basis earthquake. The TS requires the
                                           details of the particular system that is                will not result in an annual dose beyond               licensee’s analysis to demonstrate that
                                           the subject of the rulemaking, but that                 the established regulatory limits for an               any damage to the storage cask from the
                                           are not being addressed by the specific                 individual located beyond the site                     bollards when analyzed using the site’s
                                           changes requested, have already been                    boundary. (See 10 CFR 72.104).                         specific design-basis earthquake, is
                                           resolved in prior rulemakings. Persons                  Therefore, even though the changes                     bounded by the applicant’s analysis of
                                           who have questions or concerns about                    included in Amendment No. 5 increase                   a non-mechanistic tipover event
                                           prior rulemakings and the resulting final               the dose rate on the surface of the                    contained in the final safety analysis
                                           rules may consider the NRC’s process                    canister, the amendment was found to                   report. (See Section 3 of the NRC staff’s
                                           for petitions for rulemaking under 10                   be in compliance with 10 CFR part 72                   SER (ADAMS Accession No.
                                           CFR 2.802, ‘‘Petition for rulemaking.’’                 because, as documented in Section 5.0                  ML14216A310)).
                                           Additionally, safety concerns about any                 of the NRC staff’s SER (ADAMS                             As to the general comments raising
                                           NRC-regulated activity may be reported                  Accession No. ML14216A310), the                        concerns with the regulatory
                                           to the NRC in accordance with the                       certificate holder demonstrated that the               requirements and process in 10 CFR
                                           guidance posted on the NRC’s public                     potential dose at the site boundary                    part 72 for evaluating seismic issues in
                                           Web site at http://www.nrc.gov/about-                   would remain below regulatory limits.                  the CoC application, those comments
Lhorne on DSK7TPTVN1PROD with RULES




                                           nrc/regulatory/allegations/safety-                         Moreover, storage casks that will be                are beyond the scope of this rulemaking
                                           concern.html. This Web site provides                    loaded or stored under Amendment No.                   which is limited to the addition of
                                           information on how to notify the NRC                    5 to the MAGNASTOR® System are only                    Amendment No. 5 to CoC No. 1031 for
                                           of emergency or non-emergency issues.                   authorized for use under a general                     the MAGNASTOR® System. Persons
                                              The NRC identified two overall issues                license to power reactor licensees.                    who have questions or concerns about
                                           raised in the two identical comments                    These licensees are subject to a number                prior rulemakings and the resulting final


                                      VerDate Sep<11>2014   13:54 Jun 24, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\25JNR1.SGM   25JNR1


                                                              Federal Register / Vol. 80, No. 122 / Thursday, June 25, 2015 / Rules and Regulations                                        36469

                                           rules may consider the NRC’s process                    Transport Airplane Directorate, Aircraft               operation of the therapeutic system as a
                                           for petitions for rulemaking under 10                   Certification Service, 1601 Lind Avenue                means by which to reserve the
                                           CFR 2.802.                                              SW., Renton, Washington, 98057–3356;                   minimum supply of supplemental
                                              Therefore, the NRC staff has                         telephone 425–227–2683; facsimile                      passenger oxygen.
                                           concluded that the comments received                    425–227–1320.
                                                                                                                                                          Type Certification Basis
                                           on the companion proposed rule for                      SUPPLEMENTARY INFORMATION:
                                           Amendment No. 5 to CoC No. 1031 for                                                                               Under the provisions of § 21.101, L–
                                           the MAGNASTOR® System are not                           Background                                             3 Communications must show that the
                                           significant adverse comments as defined                    On May 10, 2011, L–3                                Boeing Model 747–8 series airplanes, as
                                           in NUREG/BR–0053, Revision 6,                           Communications applied for a                           changed, continue to meet the
                                           ‘‘United States Nuclear Regulatory                      supplemental type certificate (STC) for                applicable provisions of the regulations
                                           Commission Regulations Handbook’’                       therapeutic oxygen for medical use in                  listed in Type Certificate No. A20WE, or
                                           (ADAMS Accession No. ML052720461).                      the Boeing Model 747–8 series airplanes                the applicable regulations in effect on
                                           Therefore, this rule will become                        equipped with executive interiors. The                 the date of application for the change,
                                           effective as scheduled.                                 Boeing Model 747–8 series airplane,                    except for earlier amendments as agreed
                                                                                                   which is a derivative of the Boeing                    upon by the FAA.
                                             Dated at Rockville, Maryland, this 22nd
                                           day of June, 2015.                                      Model 747–400 airplane currently                          If the Administrator finds that the
                                                                                                   approved under Type Certificate No.                    applicable airworthiness regulations
                                             For the Nuclear Regulatory Commission.
                                                                                                   A20WE, is a four-engine jet transport                  (i.e., Title 14, Code of Federal
                                           Cindy Bladey,                                                                                                  Regulations (14 CFR) part 25) do not
                                                                                                   airplane that will have a maximum
                                           Chief, Rules, Announcements, and Directives             takeoff weight of 970,000 lbs. The                     contain adequate or appropriate safety
                                           Branch, Division of Administrative Services,            Model 747–8 airplane will have 153                     standards for the Boeing Model 747–8
                                           Office of Administration.
                                                                                                   seats approved for taxi, takeoff, and                  series airplanes because of a novel or
                                           [FR Doc. 2015–15607 Filed 6–24–15; 8:45 am]
                                                                                                   landing (19 crewmembers and 134                        unusual design feature, special
                                           BILLING CODE 7590–01–P                                  passengers).                                           conditions are prescribed under the
                                                                                                      Section 25.1445 includes standards                  provisions of § 21.16.
                                                                                                   for oxygen distribution systems when                      Special conditions are initially
                                           DEPARTMENT OF TRANSPORTATION                            oxygen is supplied to flightcrew and                   applicable to the model for which they
                                                                                                   passengers. If a common source of                      are issued. Should the applicant apply
                                           Federal Aviation Administration                         supply is used, § 25.1445(a)(2) requires               for a supplemental type certificate to
                                                                                                   a means to separately reserve the                      modify any other model included on the
                                           14 CFR Part 25                                          minimum supply required by the                         same type certificate to incorporate the
                                           [Docket No. FAA–2015–0758; Special                      flightcrew. This requirement was                       same or similar novel or unusual design
                                           Conditions No. 25–586–SC]                               included in § 25.1445 when the                         feature, these special conditions would
                                                                                                   regulations were codified, and was                     also apply to the other model under
                                           Special Conditions: L–3                                 originally added to Civil Air Regulations              § 21.101.
                                           Communications Integrated Systems,                      4b.831 at Amendment 4b–13, effective                      In addition to the applicable
                                           Boeing Model 747–8 Series Airplanes;                    September 21, 1949.                                    airworthiness regulations and special
                                           Therapeutic Oxygen for Medical Use                         It is apparent that the regulation is               conditions, the Boeing Model 747–8
                                                                                                   intended to protect the flightcrew by                  series airplanes must comply with the
                                           AGENCY:  Federal Aviation                               ensuring that an adequate supply of                    fuel vent and exhaust emission
                                           Administration (FAA), DOT.                              oxygen is available to complete a                      requirements of 14 CFR part 34; and the
                                           ACTION: Final special conditions.                       descent and landing following a loss of                noise certification requirements of 14
                                                                                                   cabin pressure. When the regulation was                CFR part 36.
                                           SUMMARY:    These special conditions are
                                                                                                   written, the only passenger oxygen                        The FAA issues special conditions, as
                                           issued for the Boeing Model 747–8
                                                                                                   system designs were supplemental                       defined in 14 CFR 11.19, in accordance
                                           series airplanes. These airplanes, as
                                                                                                   oxygen systems intended to protect                     with § 11.38, and they become part of
                                           modified by L–3 Communications
                                                                                                   passengers from hypoxia in the event of                the type certification basis under
                                           Integrated Systems (L–3
                                                                                                   a decompression. Existing passenger                    § 21.101.
                                           Communications), will have a novel or
                                                                                                   oxygen systems did not include design
                                           unusual design feature when compared                    features that would allow the flightcrew               Novel or Unusual Design Features
                                           to the state of technology envisioned in                to control oxygen to passengers during                   The L–3 Communications
                                           the airworthiness standards for                         flight. There are no similar requirements              modifications to the Boeing Model 747–
                                           transport category airplanes. This design               when oxygen is supplied from the same                  8 series airplanes will incorporate the
                                           feature is therapeutic oxygen for                       source to passengers for use during a                  following novel or unusual design
                                           medical use installed in an executive-                  decompression and for discretionary/                   feature:
                                           interior airplane. The applicable                       first-aid use any time during the flight.                L–3 Communications is seeking
                                           airworthiness regulations do not contain                In the proposed design, the passenger                  certification of an interior modification
                                           adequate or appropriate safety standards                and therapeutic oxygen systems use the                 to Boeing Model 747–8 series airplanes
                                           for this design feature. These special                  same source of oxygen. The flightcrew                  to include executive and medical
                                           conditions contain the additional safety                oxygen emergency system uses a                         patient transport. As a part of the
                                           standards that the Administrator                        dedicated source of oxygen independent                 executive interior installation, the
                                           considers necessary to establish a level                from the passenger oxygen system. An                   airplane will be outfitted with a
Lhorne on DSK7TPTVN1PROD with RULES




                                           of safety equivalent to that established                oxygen duration chart and operation                    therapeutic oxygen system. The
                                           by the existing airworthiness standards.                procedures will be incorporated into the               therapeutic oxygen system shares the
                                           DATES: Effective June 25, 2015.                         ‘‘Flight Crew Operating Manual’’ and                   same supply of oxygen with the existing
                                           FOR FURTHER INFORMATION CONTACT:                        ‘‘Flight Manual Supplement,’’ as part of               passenger oxygen system and consists of
                                           Robert Hettman, FAA, Propulsion and                     the STC, to provide information to the                 multiple constant flow oxygen outlets
                                           Mechanical Systems, ANM–112,                            flightcrew to determine when to cease                  located throughout the cabin. The


                                      VerDate Sep<11>2014   13:54 Jun 24, 2015   Jkt 235001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\25JNR1.SGM   25JNR1



Document Created: 2015-12-15 14:16:42
Document Modified: 2015-12-15 14:16:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule; confirmation of effective date.
ContactSolomon Sahle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3781; email: [email protected]
FR Citation80 FR 36467 
RIN Number3150-AJ50

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR