80_FR_72204 80 FR 71982 - List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR ® Cask System; Certificate of Compliance No. 1031, Amendment Nos. 0-3, Revision 1

80 FR 71982 - List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR ® Cask System; Certificate of Compliance No. 1031, Amendment Nos. 0-3, Revision 1

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 222 (November 18, 2015)

Page Range71982-71984
FR Document2015-29423

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the NAC International, Inc. (NAC), MAGNASTOR[supreg] Cask System listing within the ``List of approved spent fuel storage casks'' to include Revision 1 to Amendment Nos. 0 (the initial Certificate), 1, 2 and 3 to Certificate of Compliance (CoC) No. 1031. Revision 1 to Amendment Nos. 0-3 to CoC No. 1031 makes changes to the Technical Specifications (TSs), including correcting a typographical error in two actual boron loadings in TS 4.1.1(a), and revising the decay times in Tables B2-4 (for Amendment Nos. 0 and 1) and B2-5 (for Amendment Nos. 2 and 3) in Appendix B of the TSs for minimum additional decay time required for spent fuel assemblies that contain nonfuel hardware.

Federal Register, Volume 80 Issue 222 (Wednesday, November 18, 2015)
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Proposed Rules]
[Pages 71982-71984]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29423]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / 
Proposed Rules

[[Page 71982]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2015-0186]
RIN 3150-AJ65


List of Approved Spent Fuel Storage Casks: NAC International, 
Inc., MAGNASTOR [supreg] Cask System; Certificate of Compliance No. 
1031, Amendment Nos. 0-3, Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel storage regulations by revising the NAC 
International, Inc. (NAC), MAGNASTOR[supreg] Cask System listing within 
the ``List of approved spent fuel storage casks'' to include Revision 1 
to Amendment Nos. 0 (the initial Certificate), 1, 2 and 3 to 
Certificate of Compliance (CoC) No. 1031. Revision 1 to Amendment Nos. 
0-3 to CoC No. 1031 makes changes to the Technical Specifications 
(TSs), including correcting a typographical error in two actual boron 
loadings in TS 4.1.1(a), and revising the decay times in Tables B2-4 
(for Amendment Nos. 0 and 1) and B2-5 (for Amendment Nos. 2 and 3) in 
Appendix B of the TSs for minimum additional decay time required for 
spent fuel assemblies that contain nonfuel hardware.

DATES: Submit comments by December 18, 2015. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0186. 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.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at (301) 415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; 
telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Solomon Sahle, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-3781; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0186 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-2015-0186.
     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]. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0186 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Procedural Background

    This proposed rule is limited to the changes contained in Revision 
1 to Amendment Nos. 0-3, to CoC No. 1031 and does not include other 
aspects of the NAC MAGNASTOR[supreg] Cask System. Because the NRC 
considers this action noncontroversial and routine, the NRC is 
publishing this proposed rule concurrently with a direct final rule in 
the Rules and Regulations section of this issue of the Federal 
Register. Adequate protection of public health and safety continues to 
be ensured. The direct final rule will become effective on February 1, 
2016. However, if the NRC receives significant adverse comments on this 
proposed rule by December 18, 2015, then the NRC will publish a 
document that withdraws the direct final rule. If the direct final rule 
is withdrawn, the NRC will address the comments

[[Page 71983]]

received in response to these proposed revisions in a subsequent final 
rule. Absent significant modifications to the proposed revisions 
requiring republication, the NRC will not initiate a second comment 
period on this action in the event the direct final rule is withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or TSs.
    For additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the Secretary [of the U.S. Department of 
Energy] shall establish a demonstration program, in cooperation with 
the private sector, for the dry storage of spent nuclear fuel at 
civilian nuclear power reactor sites, with the objective of 
establishing one or more technologies that the [U.S. Nuclear 
Regulatory] Commission may, by rule, approve for use at the sites of 
civilian nuclear power reactors without, to the maximum extent 
practicable, the need for additional site-specific approvals by the 
Commission.'' Section 133 of the NWPA states, in part, that ``[the 
Commission] shall, by rule, establish procedures for the licensing of 
any technology approved by the Commission under Section 219(a) [sic: 
218(a)] for use at the site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule 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 
within 10 CFR part 72 entitled, ``Approval of Spent Fuel Storage 
Casks,'' which contains procedures and criteria for obtaining NRC 
approval of spent fuel storage cask designs.
    The NRC issued a final rule on November 21, 2008 (73 FR 70587), 
that approved the NAC MAGNASTOR[supreg] Cask System design to add 
Amendment No. 0 to the list of NRC-approved cask designs in 10 CFR 
72.214 as CoC No.1031. Subsequently on June 15, 2010 (75 FR 33678), the 
NRC issued a final rule adding Amendment No. 1 to CoC No. 1031 to the 
list of NRC-approved cask designs in 10 CFR 72.214. Similar final rules 
were issued on November 14, 2011 (76 FR 70331), and June 25, 2013 (78 
FR 37927), to add Amendment Nos. 2 and 3 to CoC No. 1031, respectively, 
to the list of NRC-approved cask designs in 10 CFR 72.214.

IV. 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 
that also follows other best practices appropriate to the subject or 
field and the intended audience. 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). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
             Document                       ADAMS Accession No.
------------------------------------------------------------------------
Proposed CoC No. 1031, Amendment   ML15180A230.
 No. 0, Revision 1.
Proposed CoC No. 1031 Amendment    ML15180A238.
 No. 0, Revision 1, TS Appendix A.
Proposed CoC No. 1031 Amendment    ML15180A270.
 No. 0, Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A281.
 Amendment No. 0, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A161.
 No. 1, Revision 1.
Proposed CoC No. 1031 Amendment    ML15180A164.
 No. 1, Revision 1, TS Appendix A.
Proposed CoC No. 1031 Amendment    ML15180A192.
 No. 1, Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A220.
 Amendment No. 1, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A114.
 No. 2, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A119.
 No. 2, Revision 1, TS Appendix A.
Proposed TS Amendment No. 2,       ML15180A128.
 Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A141.
 Amendment No. 2, Revision 1.
Proposed CoC No. 1031, Amendment   ML15180A033.
 No. 3, Revision 1.
Proposed CoC No. 1031 Amendment    ML15180A077.
 No. 3, Revision 1, TS Appendix A.
Proposed CoC No. 1031 Amendment    ML15180A087.
 No. 3, Revision 1, TS Appendix B.
Proposed SER for CoC No. 1031      ML15180A092.
 Amendment No. 3, Revision 1.
------------------------------------------------------------------------

    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-2015-0186. 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-2015-0186); (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, 
Hazardous waste, Indians,

[[Page 71984]]

Intergovernmental relations, Manpower training programs, Nuclear 
energy, Nuclear materials, Occupational safety and health, Penalties, 
Radiation protection, Reporting and recordkeeping requirements, 
Security measures, Spent fuel, Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553; the NRC is proposing to adopt the 
following amendments to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.

0
2. In Sec.  72.214, Certificate of Compliance No. 1032 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, superseded by 
Initial Certificate, Revision 1, on February 1, 2016.
    Initial Certificate, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 1 Effective Date: August 30, 2010, superseded by 
Amendment Number 1, Revision 1, on February 1, 2016.
    Amendment Number 1, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 2 Effective Date: January 30, 2012, superseded by 
Amendment Number 2, Revision 1, on February 1, 2016.
    Amendment Number 2, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 3 Effective Date: July 25, 2013, superseded by 
Amendment Number 3, Revision 1, on February 1, 2016.
    Amendment Number 3, Revision 1, Effective Date: February 1, 2016.
    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 5th day of November, 2015.

    For the Nuclear Regulatory Commission.
Glenn M. Tracy,
Acting Executive Director for Operations.
[FR Doc. 2015-29423 Filed 11-17-15; 8:45 am]
BILLING CODE 7590-01-P



                                                      71982

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 80, No. 222

                                                                                                                                                                    Wednesday, November 18, 2015



                                                      This section of the FEDERAL REGISTER                    Gallagher, telephone: 301–415–3463;                   Document Room (PDR) reference staff at
                                                      contains notices to the public of the proposed          email: Carol.Gallagher@nrc.gov. For                   1–800–397–4209, 301–415–4737, or by
                                                      issuance of rules and regulations. The                  technical questions, contact the                      email to pdr.resource@nrc.gov. For the
                                                      purpose of these notices is to give interested          individual listed in the FOR FURTHER                  convenience of the reader, instructions
                                                      persons an opportunity to participate in the            INFORMATION CONTACT section of this                   about obtaining materials referenced in
                                                      rule making prior to the adoption of the final
                                                                                                              document.                                             this document are provided in the
                                                      rules.
                                                                                                                 • Email comments to:                               ‘‘Availability of Documents’’ section.
                                                                                                              Rulemaking.Comments@nrc.gov. If you                      • NRC’s PDR: You may examine and
                                                      NUCLEAR REGULATORY                                      do not receive an automatic email reply               purchase copies of public documents at
                                                      COMMISSION                                              confirming receipt, then contact us at                the NRC’s PDR, Room O1–F21, One
                                                                                                              (301) 415–1677.                                       White Flint North, 11555 Rockville
                                                      10 CFR Part 72                                             • Fax comments to: Secretary, U.S.                 Pike, Rockville, Maryland 20852.
                                                      [NRC–2015–0186]
                                                                                                              Nuclear Regulatory Commission at 301–                 B. Submitting Comments
                                                                                                              415–1101.
                                                      RIN 3150–AJ65                                              • Mail comments to: Secretary, U.S.                  Please include Docket ID NRC–2015–
                                                                                                              Nuclear Regulatory Commission,                        0186 in your comment submission.
                                                      List of Approved Spent Fuel Storage                                                                             The NRC cautions you not to include
                                                                                                              Washington, DC 20555–0001, ATTN:
                                                      Casks: NAC International, Inc.,                                                                               identifying or contact information that
                                                                                                              Rulemakings and Adjudications Staff.
                                                      MAGNASTOR ® Cask System;                                   Hand deliver comments to: 11555
                                                                                                                                                                    you do not want to be publicly
                                                      Certificate of Compliance No. 1031,                                                                           disclosed in your comment submission.
                                                                                                              Rockville Pike, Rockville, Maryland
                                                      Amendment Nos. 0–3, Revision 1                                                                                The NRC will post all comment
                                                                                                              20852, between 7:30 a.m. and 4:15 p.m.
                                                                                                                                                                    submissions at http://
                                                      AGENCY:  Nuclear Regulatory                             (Eastern Time) Federal workdays;
                                                                                                                                                                    www.regulations.gov as well as enter the
                                                      Commission.                                             telephone: 301–415–1677.
                                                                                                                                                                    comment submissions into ADAMS.
                                                      ACTION: Proposed rule.                                     For additional direction on obtaining
                                                                                                                                                                    The NRC does not routinely edit
                                                                                                              information and submitting comments,                  comment submissions to remove
                                                      SUMMARY:   The U.S. Nuclear Regulatory                  see ‘‘Obtaining Information and
                                                      Commission (NRC) is proposing to                                                                              identifying or contact information.
                                                                                                              Submitting Comments’’ in the                            If you are requesting or aggregating
                                                      amend its spent fuel storage regulations                SUPPLEMENTARY INFORMATION section of                  comments from other persons for
                                                      by revising the NAC International, Inc.                 this document.                                        submission to the NRC, then you should
                                                      (NAC), MAGNASTOR® Cask System                           FOR FURTHER INFORMATION CONTACT:                      inform those persons not to include
                                                      listing within the ‘‘List of approved                   Solomon Sahle, Office of Nuclear                      identifying or contact information that
                                                      spent fuel storage casks’’ to include                   Material Safety and Safeguards, U.S.                  they do not want to be publicly
                                                      Revision 1 to Amendment Nos. 0 (the                     Nuclear Regulatory Commission,                        disclosed in their comment submission.
                                                      initial Certificate), 1, 2 and 3 to                     Washington, DC 20555–0001, telephone:                 Your request should state that the NRC
                                                      Certificate of Compliance (CoC) No.                     301–415–3781; email:                                  does not routinely edit comment
                                                      1031. Revision 1 to Amendment Nos. 0–                   Solomon.Sahle@nrc.gov.                                submissions to remove such information
                                                      3 to CoC No. 1031 makes changes to the                                                                        before making the comment
                                                      Technical Specifications (TSs),                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    submissions available to the public or
                                                      including correcting a typographical                    Obtaining Information and Submitting                  entering the comment into ADAMS.
                                                      error in two actual boron loadings in TS                Comments
                                                      4.1.1(a), and revising the decay times in                                                                     II. Procedural Background
                                                      Tables B2–4 (for Amendment Nos. 0 and                   A. Obtaining Information                                 This proposed rule is limited to the
                                                      1) and B2–5 (for Amendment Nos. 2 and                      Please refer to Docket ID NRC–2015–                changes contained in Revision 1 to
                                                      3) in Appendix B of the TSs for                         0186 when contacting the NRC about                    Amendment Nos. 0–3, to CoC No. 1031
                                                      minimum additional decay time                           the availability of information for this              and does not include other aspects of
                                                      required for spent fuel assemblies that                 action. You may obtain publicly-                      the NAC MAGNASTOR® Cask System.
                                                      contain nonfuel hardware.                               available information related to this                 Because the NRC considers this action
                                                      DATES: Submit comments by December                      action by any of the following methods:               noncontroversial and routine, the NRC
                                                      18, 2015. Comments received after this                     • Federal Rulemaking Web site: Go to               is publishing this proposed rule
                                                      date will be considered if it is practical              http://www.regulations.gov and search                 concurrently with a direct final rule in
                                                      to do so, but the NRC is able to ensure                 for Docket ID NRC–2015–0186.                          the Rules and Regulations section of this
                                                      consideration only for comments                            • NRC’s Agencywide Documents                       issue of the Federal Register. Adequate
                                                      received on or before this date.                        Access and Management System                          protection of public health and safety
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      ADDRESSES: You may submit comments                      (ADAMS): You may obtain publicly-                     continues to be ensured. The direct final
                                                      by any of the following methods (unless                 available documents online in the                     rule will become effective on February
                                                      this document describes a different                     ADAMS Public Documents collection at                  1, 2016. However, if the NRC receives
                                                      method for submitting comments on a                     http://www.nrc.gov/reading-rm/                        significant adverse comments on this
                                                      specific subject):                                      adams.html. To begin the search, select               proposed rule by December 18, 2015,
                                                         • Federal Rulemaking Web site: Go to                 ‘‘ADAMS Public Documents’’ and then                   then the NRC will publish a document
                                                      http://www.regulations.gov and search                   select ‘‘Begin Web-based ADAMS                        that withdraws the direct final rule. If
                                                      for Docket ID NRC–2015–0186. Address                    Search.’’ For problems with ADAMS,                    the direct final rule is withdrawn, the
                                                      questions about NRC dockets to Carol                    please contact the NRC’s Public                       NRC will address the comments


                                                 VerDate Sep<11>2014   18:24 Nov 17, 2015   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\18NOP1.SGM   18NOP1


                                                                         Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Proposed Rules                                                              71983

                                                      received in response to these proposed                       and Regulations section of this issue of                       criteria for obtaining NRC approval of
                                                      revisions in a subsequent final rule.                        the Federal Register.                                          spent fuel storage cask designs.
                                                      Absent significant modifications to the                                                                                        The NRC issued a final rule on
                                                      proposed revisions requiring                                 III. Background                                                November 21, 2008 (73 FR 70587), that
                                                      republication, the NRC will not initiate                        Section 218(a) of the Nuclear Waste                         approved the NAC MAGNASTOR® Cask
                                                      a second comment period on this action                       Policy Act (NWPA) of 1982, as                                  System design to add Amendment No.
                                                      in the event the direct final rule is                        amended, requires that ‘‘the Secretary                         0 to the list of NRC-approved cask
                                                      withdrawn.                                                   [of the U.S. Department of Energy] shall                       designs in 10 CFR 72.214 as CoC
                                                         A significant adverse comment is a                        establish a demonstration program, in                          No.1031. Subsequently on June 15, 2010
                                                      comment where the commenter                                  cooperation with the private sector, for                       (75 FR 33678), the NRC issued a final
                                                      explains why the rule would be                               the dry storage of spent nuclear fuel at                       rule adding Amendment No. 1 to CoC
                                                      inappropriate, including challenges to                       civilian nuclear power reactor sites,                          No. 1031 to the list of NRC-approved
                                                      the rule’s underlying premise or                             with the objective of establishing one or                      cask designs in 10 CFR 72.214. Similar
                                                      approach, or would be ineffective or                         more technologies that the [U.S. Nuclear                       final rules were issued on November 14,
                                                      unacceptable without a change. A                             Regulatory] Commission may, by rule,                           2011 (76 FR 70331), and June 25, 2013
                                                      comment is adverse and significant if:                       approve for use at the sites of civilian                       (78 FR 37927), to add Amendment Nos.
                                                         (1) The comment opposes the rule and                                                                                     2 and 3 to CoC No. 1031, respectively,
                                                                                                                   nuclear power reactors without, to the
                                                      provides a reason sufficient to require a                                                                                   to the list of NRC-approved cask designs
                                                                                                                   maximum extent practicable, the need
                                                      substantive response in a notice-and-                                                                                       in 10 CFR 72.214.
                                                                                                                   for additional site-specific approvals by
                                                      comment process. For example, a
                                                                                                                   the Commission.’’ Section 133 of the                           IV. Plain Writing
                                                      substantive response is required when:
                                                                                                                   NWPA states, in part, that ‘‘[the
                                                         (a) The comment causes the NRC staff                                                                                       The Plain Writing Act of 2010 (Pub.
                                                                                                                   Commission] shall, by rule, establish
                                                      to reevaluate (or reconsider) its position                                                                                  L. 111–274) requires Federal agencies to
                                                                                                                   procedures for the licensing of any
                                                      or conduct additional analysis;                                                                                             write documents in a clear, concise,
                                                         (b) The comment raises an issue                           technology approved by the
                                                                                                                                                                                  well-organized manner that also follows
                                                      serious enough to warrant a substantive                      Commission under Section 219(a) [sic:
                                                                                                                                                                                  other best practices appropriate to the
                                                      response to clarify or complete the                          218(a)] for use at the site of any civilian
                                                                                                                                                                                  subject or field and the intended
                                                      record; or                                                   nuclear power reactor.’’                                       audience. The NRC has written this
                                                         (c) The comment raises a relevant                            To implement this mandate, the                              document to be consistent with the
                                                      issue that was not previously addressed                      Commission approved dry storage of                             Plain Writing Act as well as the
                                                      or considered by the NRC staff.                              spent nuclear fuel in NRC-approved                             Presidential Memorandum, ‘‘Plain
                                                         (2) The comment proposes a change                         casks under a general license by                               Language in Government Writing,’’
                                                      or an addition to the rule, and it is                        publishing a final rule which added a                          published June 10, 1998 (63 FR 31883).
                                                      apparent that the rule would be                              new subpart K in part 72 of title 10 of                        The NRC requests comment on the
                                                      ineffective or unacceptable without                          the Code of Federal Regulations (10                            proposed rule with respect to clarity
                                                      incorporation of the change or addition.                     CFR) entitled ‘‘General License for                            and effectiveness of the language used.
                                                         (3) The comment causes the NRC staff                      Storage of Spent Fuel at Power Reactor
                                                      to make a change (other than editorial)                      Sites’’ (55 FR 29181; July 18, 1990). This                     V. Availability of Documents
                                                      to the rule, CoC, or TSs.                                    rule also established a new subpart L                            The documents identified in the
                                                         For additional procedural information                     within 10 CFR part 72 entitled,                                following table are available to
                                                      and the regulatory analysis, see the                         ‘‘Approval of Spent Fuel Storage                               interested persons through one or more
                                                      direct final rule published in the Rules                     Casks,’’ which contains procedures and                         of the following methods, as indicated.

                                                                                                                       Document                                                                             ADAMS Accession No.

                                                      Proposed   CoC No. 1031, Amendment No. 0, Revision 1 .............................................................................................   ML15180A230.
                                                      Proposed   CoC No. 1031 Amendment No. 0, Revision 1, TS Appendix A ....................................................................              ML15180A238.
                                                      Proposed   CoC No. 1031 Amendment No. 0, Revision 1, TS Appendix B ....................................................................              ML15180A270.
                                                      Proposed   SER for CoC No. 1031 Amendment No. 0, Revision 1 ................................................................................         ML15180A281.
                                                      Proposed   CoC No. 1031, Amendment No. 1, Revision 1 .............................................................................................   ML15180A161.
                                                      Proposed   CoC No. 1031 Amendment No. 1, Revision 1, TS Appendix A ....................................................................              ML15180A164.
                                                      Proposed   CoC No. 1031 Amendment No. 1, Revision 1, TS Appendix B ....................................................................              ML15180A192.
                                                      Proposed   SER for CoC No. 1031 Amendment No. 1, Revision 1 ................................................................................         ML15180A220.
                                                      Proposed   CoC No. 1031, Amendment No. 2, Revision 1 .............................................................................................   ML15180A114.
                                                      Proposed   CoC No. 1031, Amendment No. 2, Revision 1, TS Appendix A ...................................................................              ML15180A119.
                                                      Proposed   TS Amendment No. 2, Revision 1, TS Appendix B ......................................................................................      ML15180A128.
                                                      Proposed   SER for CoC No. 1031 Amendment No. 2, Revision 1 ................................................................................         ML15180A141.
                                                      Proposed   CoC No. 1031, Amendment No. 3, Revision 1 .............................................................................................   ML15180A033.
                                                      Proposed   CoC No. 1031 Amendment No. 3, Revision 1, TS Appendix A ....................................................................              ML15180A077.
                                                      Proposed   CoC No. 1031 Amendment No. 3, Revision 1, TS Appendix B ....................................................................              ML15180A087.
                                                      Proposed   SER for CoC No. 1031 Amendment No. 3, Revision 1 ................................................................................         ML15180A092.
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                                                        The NRC may post materials related                         you to receive alerts when changes or                          frequently you would like to receive
                                                      to this document, including public                           additions occur in a docket folder. To                         emails (daily, weekly, or monthly).
                                                      comments, on the Federal Rulemaking                          subscribe: (1) navigate to the docket                          List of Subjects in 10 CFR Part 72
                                                      Web site at http://www.regulations.gov                       folder (NRC–2015–0186); (2) click the
                                                      under Docket ID NRC–2015–0186. The                           ‘‘Sign up for Email Alerts’’ link; and (3)                       Administrative practice and
                                                      Federal Rulemaking Web site allows                           enter your email address and select how                        procedure, Criminal penalties,
                                                                                                                                                                                  Hazardous waste, Indians,


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                                                      71984             Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Proposed Rules

                                                      Intergovernmental relations, Manpower                   Amendment Number 3, Revision 1, on                      1. Federal eRulemaking Portal:
                                                      training programs, Nuclear energy,                      February 1, 2016.                                     www.regulations.gov. Follow the
                                                      Nuclear materials, Occupational safety                     Amendment Number 3, Revision 1,                    instructions for submitting comments.
                                                      and health, Penalties, Radiation                        Effective Date: February 1, 2016.                       2. Email:
                                                      protection, Reporting and recordkeeping                    Amendment Number 4 Effective Date:                 EPSServiceParts2015CRT0013@
                                                      requirements, Security measures, Spent                  April 14, 2015.                                       ee.doe.gov. Include the docket number
                                                      fuel, Whistleblowing.                                      Amendment Number 5 Effective Date:                 and/or RIN in the subject line of the
                                                                                                              June 29, 2015.                                        message.
                                                         For the reasons set out in the                          SAR Submitted by: NAC
                                                      preamble and under the authority of the                                                                         3. Mail: Ms. Brenda Edwards, U.S.
                                                                                                              International, Inc.                                   Department of Energy, Building
                                                      Atomic Energy Act of 1954, as amended;                     SAR Title: Final Safety Analysis
                                                      the Energy Reorganization Act of 1974,                                                                        Technologies Program, Mailstop EE–5B,
                                                                                                              Report for the MAGNASTOR® System.                     1000 Independence Avenue SW.,
                                                      as amended; the Nuclear Waste Policy                       Docket Number: 72–1031.
                                                      Act of 1982, as amended; and 5 U.S.C.                      Certificate Expiration Date: February              Washington, DC, 20585–0121. If
                                                      552 and 553; the NRC is proposing to                    4, 2029.                                              possible, please submit all items on a
                                                      adopt the following amendments to 10                       Model Number: MAGNASTOR®.                          CD. It is not necessary to include
                                                      CFR part 72:                                                                                                  printed copies.
                                                                                                              *     *      *    *     *
                                                                                                                                                                       4. Hand Delivery/Courier: Ms. Brenda
                                                      PART 72—LICENSING                                         Dated at Rockville, Maryland, this 5th day          Edwards, U.S. Department of Energy,
                                                      REQUIREMENTS FOR THE                                    of November, 2015.                                    Building Technologies Program, 950
                                                      INDEPENDENT STORAGE OF SPENT                              For the Nuclear Regulatory Commission.              L’Enfant Plaza SW., Suite 600,
                                                      NUCLEAR FUEL, HIGH-LEVEL                                Glenn M. Tracy,                                       Washington, DC, 20024. Telephone:
                                                      RADIOACTIVE WASTE, AND                                  Acting Executive Director for Operations.             (202) 586–2945. If possible, please
                                                      REACTOR-RELATED GREATER THAN                            [FR Doc. 2015–29423 Filed 11–17–15; 8:45 am]          submit all items on a CD. It is not
                                                      CLASS C WASTE                                           BILLING CODE 7590–01–P                                necessary to include printed copies.
                                                                                                                                                                       For detailed instructions on
                                                      ■ 1. The authority citation for part 72                                                                       submitting comments and additional
                                                      continues to read as follows:                           DEPARTMENT OF ENERGY                                  information on the rulemaking process,
                                                        Authority: Atomic Energy Act of 1954,                                                                       see section V of this document (Public
                                                      secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,         10 CFR Parts 429 and 430                              Participation).
                                                      183, 184, 186, 187, 189, 223, 234, 274 (42                                                                       Docket: The docket, which includes
                                                      U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,              [Docket No. EERE–2015–BT–CRT–0013]
                                                                                                                                                                    Federal Register notices, public meeting
                                                      2099, 2111, 2201, 2210e, 2232, 2233, 2234,              RIN 1904–AD53                                         attendee lists and transcripts,
                                                      2236, 2237, 2238, 2273, 2282, 2021); Energy                                                                   comments, and other supporting
                                                      Reorganization Act of 1974, secs. 201, 202,             Energy Conservation Program: Exempt
                                                      206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
                                                                                                                                                                    documents/materials, is available for
                                                                                                              External Power Supplies Under the                     review at regulations.gov. All
                                                      National Environmental Policy Act of 1969               EPS Service Parts Act of 2014
                                                      (42 U.S.C. 4332); Nuclear Waste Policy Act                                                                    documents in the docket are listed in
                                                      of 1982, secs. 117(a), 132, 133, 134, 135, 137,         AGENCY: Office of Energy Efficiency and               the regulations.gov index. However,
                                                      141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),           Renewable Energy, Department of                       some documents listed in the index,
                                                      10152, 10153, 10154, 10155, 10157, 10161,               Energy.                                               such as those containing information
                                                      10165(g), 10168, 10198(a)); 44 U.S.C. 3504                                                                    that is exempt from public disclosure,
                                                                                                              ACTION: Notice of proposed rulemaking.
                                                      note.                                                                                                         may not be publicly available.
                                                      ■ 2. In § 72.214, Certificate of                        SUMMARY:    The U.S. Department of                       A link to the docket Web page can be
                                                      Compliance No. 1032 is revised to read                  Energy (DOE) is proposing to codify                   found at: http://www1.eere.energy.gov/
                                                      as follows:                                             provisions of the EPS Service Parts Act               buildings/appliance_standards/
                                                                                                              of 2014 that exempt from energy                       product.aspx?productid=23. This Web
                                                      § 72.214 List of approved spent fuel
                                                      storage casks.                                          conservation standards certain external               page will contain a link to the docket for
                                                                                                              power supplies (EPSs) made available                  this notice on the regulations.gov site.
                                                      *     *     *     *     *                               by a manufacturer as a service or spare               The regulations.gov Web page will
                                                        Certificate Number: 1031.
                                                                                                              part. Consistent with that Act, DOE is                contain simple instructions on how to
                                                        Initial Certificate Effective Date:
                                                                                                              proposing to require annual reports of                access all documents, including public
                                                      February 4, 2009, superseded by Initial
                                                                                                              the total number of exempt EPS units                  comments, in the docket. See section V
                                                      Certificate, Revision 1, on February 1,
                                                                                                              sold as service and spare parts that do               for information on how to submit
                                                      2016.
                                                        Initial Certificate, Revision 1,                      not meet the relevant energy                          comments through regulations.gov.
                                                      Effective Date: February 1, 2016.                       conservation standards.                                  For further information on how to
                                                        Amendment Number 1 Effective Date:                    DATES: DOE will accept comments, data,                submit a comment, review other public
                                                      August 30, 2010, superseded by                          and information regarding this notice of              comments and the docket, or to request
                                                      Amendment Number 1, Revision 1, on                      proposed rulemaking no later than                     a public meeting, contact Ms. Brenda
                                                      February 1, 2016.                                       December 18, 2015. See section V,                     Edwards at (202) 586–2945 or by email:
                                                        Amendment Number 1, Revision 1,                       ‘‘Public Participation,’’ for details.                Brenda.Edwards@ee.doe.gov.
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                                                      Effective Date: February 1, 2016.                       ADDRESSES: Any comments submitted                     FOR FURTHER INFORMATION CONTACT:
                                                        Amendment Number 2 Effective Date:                    must identify the NOPR for Exempt                     Direct requests for additional
                                                      January 30, 2012, superseded by                         External Power Supplies Under the EPS                 information may be sent to Mr. Jeremy
                                                      Amendment Number 2, Revision 1, on                      Service Parts Act of 2014, and provide                Dommu, U.S. Department of Energy,
                                                      February 1, 2016.                                       docket number EERE–2015–BT–CRT–                       Office of Energy Efficiency and
                                                        Amendment Number 2, Revision 1,                       0013 and/or regulatory information                    Renewable Energy, Building
                                                      Effective Date: February 1, 2016.                       number (RIN) number 1904–AD53.                        Technologies Program, EE–2J, 1000
                                                        Amendment Number 3 Effective Date:                    Comments may be submitted using any                   Independence Avenue SW.,
                                                      July 25, 2013, superseded by                            of the following methods:                             Washington, DC 20585–0121.


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Document Created: 2018-03-01 11:20:16
Document Modified: 2018-03-01 11:20:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments by December 18, 2015. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date.
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]v.
FR Citation80 FR 71982 
RIN Number3150-AJ65
CFR AssociatedAdministrative Practice and Procedure; Criminal Penalties; Hazardous Waste; Indians; Intergovernmental Relations; Manpower Training Programs; Nuclear Energy; Nuclear Materials; Occupational Safety and Health; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures; Spent Fuel and Whistleblowing

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