82 FR 31433 - List of Approved Spent Fuel Storage Casks: EnergySolutionsTM
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 129 (July 7, 2017)
Federal Register Volume 82, Issue 129 (July 7, 2017)
| Page Range | 31433-31440 | |
| FR Document | 2017-14292 |
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)] [Rules and Regulations] [Pages 31433-31440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14292] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations [[Page 31433]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2016-0138] RIN 3150-AJ78 List of Approved Spent Fuel Storage Casks: EnergySolutionsTM Corporation, VSC-24 Ventilated Storage Cask System, Renewal of Initial Certificate and Amendment Nos. 1-6 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the EnergySolutionsTM Corporation's (EnergySolutions or the applicant) VSC-24 Ventilated Storage Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to renew, for an additional 40 years, the initial certificate and Amendment Nos. 1-6 of Certificate of Compliance (CoC) No. 1007. The renewal of the initial certificate and Amendment Nos. 1-6 requires cask users to establish, implement, and maintain written procedures for aging management program (AMP) elements, including a lead cask inspection program, for VSC-24 Storage Cask structures, systems, and components (SSC) important to safety. Users must also conduct periodic ``tollgate'' assessments of new information on SSC aging effects and mechanisms to determine whether any element of an AMP addressing these effects and mechanisms requires revision to encompass the current state of knowledge. In addition, the renewal of the initial certificate and Amendment Nos. 1-6 makes several other changes, described in Section IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section of this document. DATES: This direct final rule is effective September 20, 2017, unless significant adverse comments are received by August 7, 2017. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. ADDRESSES: You may submit comments by any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0138. 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: Robert D. MacDougall, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415- 5175; email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Environmental Impact IX. Paperwork Reduction Act Statement X. Regulatory Flexibility Certification XI. Regulatory Analysis XII. Backfitting XIII. Congressional Review Act XIV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2016-0138 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-2016-0138. 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-2016-0138 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:/ / [[Page 31434]] 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. Rulemaking Procedure This direct final rule is limited to the renewal of the initial certificate and Amendment Nos. 1-6 of CoC No. 1007. The NRC is using the ``direct final rule procedure'' to issue these renewals because they represent a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. This direct final rule will become effective on September 20, 2017. However, if the NRC receives significant adverse comments on this direct final rule by August 7, 2017, the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rule section of this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective 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 technical specifications (TSs). For detailed instructions on filing comments, please see the companion proposed rule published in the Proposed Rule 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 Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.'' Section 133 of the NWPA states, in part, that ``[the Commission] shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.'' To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule which added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled, ``General License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July 18, 1990). A general license authorizes a reactor licensee to store spent fuel in NRC-approved casks at a site that is licensed to operate a power reactor under 10 CFR parts 50 or 52. This rule also established a new subpart L in 10 CFR part 72 entitled, ``Approval of Spent Fuel Storage Casks,'' which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on April 7, 1993 (58 FR 17967), that approved the VSC-24 Storage Cask System design, effective May 7, 1993, and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1007. IV. Discussion of Changes On October 12, 2012, EnergySolutions submitted an application to renew, for an additional 40 years, the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 for the VSC-24 Storage Cask System (ADAMS Accession No. ML12290A139). EnergySolutions supplemented its request on: February 14, 2013 (ADAMS Accession No. ML130500219); April 4, 2014 (ADAMS Accession No. ML14099A192); October 24, 2014 (ADAMS Accession No. ML14301A283); and June 26, 2015 (ADAMS Accession No. ML15182A163). Because EnergySolutions filed its renewal application at least 30 days before the certificate expiration date of May 7, 2013, pursuant to the timely renewal provisions in 10 CFR 72.240(b), the initial issuance of the certificate and Amendment Nos. 1-6 of CoC No. 1007 did not expire. The renewals of the initial certificate and its amendments were conducted in accordance with the renewal provisions in 10 CFR 72.240. This section of NRC spent fuel storage regulations authorizes the NRC staff to include any additional certificate conditions it deems necessary to ensure that the cask system's SSCs continue to perform their intended safety functions during the certificate's renewal period. The NRC staff has included additional conditions in the renewed certificates requiring the implementation of an approved AMP to ensure that VSC-24 Storage Cask System SSCs important to safety will continue to perform their intended functions during the extended storage period authorized by the renewal. These conditions will require users of the VSC-24 Storage Cask Systems to establish, implement, and maintain written procedures for each AMP element, including the lead cask inspection program, for VSC-24 Storage Cask Systems that will continue to be in use for more than 20 years. These procedures must be consistent with the AMP descriptions in the applicant's Final Safety Analysis Report (FSAR). The procedures must also include provisions for changing AMP elements as necessary, within the limitations specified in CoC conditions and TSs, to address new information derived from the results of AMP inspections and/or industry operating experience of aging effects. Each VSC-24 Storage Cask System general licensee must make and maintain records of periodic ``tollgate'' assessments as part of the ``Operating Experience'' element of each AMP. The purpose of these periodic tollgate assessments is to determine whether any AMP addressing an aging effect or [[Page 31435]] mechanism requires revision to encompass the current state of knowledge. In addition, each future request for an amendment to the renewed CoCs must evaluate the amendment's impacts on aging management activities for the VSC-24 Storage Cask System. This evaluation may require modifications to time-limited aging analyses (TLAAs) and AMPs, including the lead cask inspection program, as appropriate. The renewed certificates also contain additional conditions requested by EnergySolutions. The renewed initial certificate and Amendment Nos. 1-3 of CoC No. 1007 will prohibit the construction or placement into service of new VSC-24 SSCs under these CoC specifications. General licensee users with VSC-24 Storage Cask Systems under the initial certificate or Amendment Nos. 1-3 that are in service as of the renewal's effective date, however, may continue to perform SSC maintenance and repairs in accordance with the conditions of their applicable renewed CoC. General licensees that meet the conditions of the renewed Amendment Nos. 4-6 of CoC No. 1007 may load and store spent nuclear fuel in new VSC-24 Storage Cask Systems. This direct final rule also includes additional design and operating conditions on the initial and all amendment certificates and their corresponding TSs to preclude the use of specific cask components, and prohibit the storage of spent fuel above a certain burnup. These conditions were proposed by the certificate holder to ensure that the scope of the aging analyses provided in the renewal application extends only to VSC-24 Storage Cask System SSCs currently in service. The NRC staff confirmed that no VSC-24 Storage Cask Systems currently in service are affected by these design and operating conditions. These conditions would only apply to future VSC-24 Storage Cask System SSCs placed into service. As documented in its safety evaluation report (SER), the NRC staff performed a detailed safety evaluation of the proposed CoC renewal request. There are no changes to the cask design or fabrication requirements in the proposed CoC renewals. Accordingly, the design of the cask would continue to prevent loss of containment, shielding, and criticality control. In its SER for the renewal of the VSC-24 Storage Cask System, the NRC has determined that if the conditions specified in the CoC to implement these regulations are met, adequate protection of public health and safety will be maintained. This direct final rule revises the VSC-24 Storage Cask System listing in 10 CFR 72.214 by renewing for 40 more years the initial certificate and Amendment Nos. 1-6 of CoC No. 1007. The renewals consist of the changes previously described, as set forth in the renewed CoCs and their revised TSs. The revised TSs are identified in the SER. V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC will revise the VSC-24 Storage Cask System design listed in Sec. 72.214, ``List of Approved Spent Fuel Storage Casks.'' This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ``Policy Statement on Adequacy and Compatibility of Agreement State Programs'' approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this direct final rule is classified as Compatibility Category ``NRC.'' Compatibility is not required for Category ``NRC'' regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR. Although an Agreement State may not adopt program elements reserved to the NRC, it may wish to inform its licensees of certain requirements using a mechanism consistent with the particular State's administrative procedure laws, but so informing these licensees does not confer regulatory authority on the State. VII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and 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). VIII. Environmental Assessment and Finding of No Significant Environmental Impact A. The Action The action is to amend 10 CFR 72.214 by revising the VSC-24 Storage Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to renew, for an additional 40 years, the initial certificate and Amendment Nos. 1-6 of CoC No. 1007. The renewals of the initial certificate and Amendment Nos. 1-6 require each cask user to establish, implement, and maintain written procedures for AMP elements, including lead cask inspection programs, for VSC-24 Storage Cask System SSCs important to safety. Users must also conduct periodic ``tollgate'' assessments of new information on SSC aging effects and mechanisms to determine whether any element of an AMP addressing these effects and mechanisms requires revision to encompass the current state of knowledge. In addition, the renewal of the initial certificate and Amendment Nos. 1-6 makes several other changes, described in Section IV, ``Discussion of Changes,'' in the SUPPLEMENTARY INFORMATION section of this document. Finally, as with any NRC-approved cask system, the reactor licensee using these systems under a 10 CFR part 72 general license must also ensure that the reactor site parameters and potential site-boundary doses are within the scope of the cask system safety analysis report and reactor license. Under the National Environmental Policy Act of 1969, as amended (NEPA), and the NRC's regulations in subpart A of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement (EIS) is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment (EA). B. The Need for the Action This direct final rule is necessary to authorize the continued use of the VSC-24 Storage Cask System design by power reactor licensees for dry spent fuel storage at reactor sites. Specifically, this rule extends the expiration date for the VSC-24 Storage Cask System certificates for an additional 40 years, allowing a reactor licensee to continue using them under general license provisions in an independent spent fuel storage [[Page 31436]] installation (ISFSI), the facility at which a holder of a power reactor operating license stores spent fuel in dry casks in accordance with 10 CFR part 72. C. Environmental Impacts of the Action The environmental impacts associated with spent fuel storage have been considered in a variety of NRC environmental reviews. The NUREG- 1092, ``Environmental Assessment for 10 CFR Part 72--Licensing Requirements for the Independent Storage of Spent Fuel and High-Level Radioactive Waste,'' is dated August 1984 (ADAMS Accession No. ML091050510). In the May 27, 1986, proposed rule (51 FR 19106) amending 10 CFR part 72 to address an NWPA requirement, the SUPPLEMENTARY INFORMATION section contains additional analyses showing that the potential environmental impacts from storing spent fuel in dry casks are small. The NRC also evaluated the environmental impacts of spent fuel storage at generally licensed ISFSIs in ``Environmental Assessment and Finding of No Significant Impact for Proposed Rule Entitled `Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites,''' published in the Federal Register on May 5, 1989 (54 FR 19379). On July 18, 1990 (55 FR 29181), the NRC issued a final rule amending 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. In the EA for the 1990 final rule, the NRC analyzed the potential environmental impacts of using NRC-approved storage casks. This EA for the renewal of the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 tiers off of the EA for the July 18, 1990, final rule. Tiering off of past EAs is a standard process under NEPA. The NRC staff has determined that the environmental impacts of renewing the VSC-24 Storage Cask System certificates for an additional 40 years remain bounded by the EISs and EAs previously referenced. As required by 10 CFR 72.240, applications for renewal of a spent fuel storage CoC design are required to demonstrate, in TLAAs and a description of an AMP, that SSCs important to safety will continue to perform their intended function for the requested renewal term. As discussed in the NRC staff's SER for the renewal of the VSC-24 Storage Cask System certificates, the NRC staff has approved conditions in the renewed CoCs requiring the general licensee to implement the AMPs described in the renewal application and incorporated into the storage system's FSAR. These conditions ensure that VSC-24 Storage Cask Systems will continue to perform their intended safety functions and provide adequate protection of public health and safety throughout the renewal period. Incremental impacts from continued use of VSC-24 Storage Cask Systems under a general license for an additional 40 years are not considered significant. When the general licensee follows all procedures and administrative controls, including the conditions established as a result of this renewal, no effluents are expected from the sealed dry storage cask systems. Activities associated with cask loading and decontamination may result in some small incremental liquid and gaseous effluents, but these activities will be conducted under 10 CFR parts 50 or 52 reactor operating licenses, and effluents will be controlled within existing reactor site technical specifications. Because reactor sites are relatively large, any incremental offsite doses due to direct radiation exposure from the spent fuel storage casks are expected to be small, and when combined with the contribution from reactor operations, well within the annual dose equivalent of 0.25 mSv (25 mrem) limit to the whole body specified in 10 CFR 72.104. Incremental impacts on collective occupational exposures due to dry cask spent fuel storage are expected to be only a small fraction of the exposures from operation of the nuclear power station. The VSC-24 Storage Cask Systems are also designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an ISFSI include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. During the promulgation of the amendments that added subpart K to 10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the public health consequences of dry cask system storage accidents and sabotage events. In the supporting analyses for these amendments, the NRC staff determined that a release from a dry cask storage system would be comparable in magnitude to a release from the same quantity of fuel in a spent fuel storage pool. As a result of these evaluations, the NRC staff determined that, because of the physical characteristics of the storage casks and conditions of storage that include specific security provisions, the potential risk to public health and safety due to accidents or sabotage is very small. Considering the specific design requirements for each accident or sabotage condition, the design of the cask would prevent loss of confinement, shielding, and criticality control. If there is no loss of confinement, shielding, or criticality control, the environmental impacts would be insignificant. There are no changes to cask design or fabrication requirements in the renewed initial certificate or the renewed Amendment Nos. 1-6 that would result in an increase in occupational exposure or offsite dose rates from the implementation of the renewal of the initial certificate and Amendment Nos. 1-6. Therefore, the occupational exposure or offsite dose rates would remain well within applicable 10 CFR part 20 limits. Decommissioning of dry cask spent fuel storage systems under a general license would be carried out as part of a power reactor's site decommissioning plan. In general, decommissioning would consist of removing the spent fuel from the site, decontaminating cask surfaces, and decontaminating and dismantling the ISFSI where the casks were deployed. The casks would then be released for reuse or disposal. Under normal and off-normal operating conditions, no residual contamination is expected to be left behind on supporting structures. The incremental impacts associated with decommissioning dry cask storage installations is expected to represent a small fraction of the impacts of decommissioning an entire nuclear power station. In summary, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that differ significantly from the environmental impacts evaluated in the EA supporting the July 18, 1990, final rule. Compliance with the requirements of 10 CFR parts 20 and 72 would ensure that adequate protection of public health and safety will continue. The NRC, in its SER for the renewal of the VSC-24 Storage Cask System, has determined that if the conditions specified in the CoC to implement these regulations are met, adequate protection of public health and safety will be maintained. Based on the previously stated assessments and its SER for the requested renewal of the VSC-24 Storage Cask System certificates, the NRC has determined that the expiration date of this system in 10 CFR 72.214 can be safely extended for an additional 40 years, and that commercial nuclear power reactor licensees can continue [[Page 31437]] using the system during this period under a general license without significant impacts on the human environment. D. Alternative to the Action The alternative to this action is to deny approval of the renewals and end this direct final rule. Under this alternative, the NRC would either: (1) Require general licensees using VSC-24 Storage Cask Systems to unload the spent fuel from these systems and either return it to a spent fuel pool or re-load it into a different dry storage cask system listed in 10 CFR 72.214; or (2) require that users of existing VSC-24 Storage Cask Systems request site-specific licensing proceedings to continue storage in these systems. The environmental impacts of requiring the licensee to unload the spent fuel and either return it to the spent fuel pool or re-load it into another NRC-approved cask system would result in increased radiological doses to workers. These increased doses would be due primarily to direct radiation from the casks while the workers unloaded, transferred, and re-loaded the spent fuel. These activities would consist of transferring the dry storage canisters to a cask handling building, opening the canister lid welds, returning the canister to a spent fuel pool or dry transfer facility, removing the fuel assemblies, and re-loading them, either into a spent fuel pool storage rack or another NRC-approved dry storage system. In addition to the increased occupational doses to workers, these activities may also result in additional liquid or gaseous effluents. Alternatively, users of the dry cask storage system would need to apply for a site-specific license. Under this option for implementing the no-action alternative, interested licensees would have to prepare, and the NRC would have to review, each separate license application, thereby increasing the administrative burden upon the NRC and the costs to each licensee. In summary, the no-action alternative would entail either more environmental impacts from transferring the spent fuel now in VSC-24 Storage Cask Systems, or impacts from multiple licensing actions that, in the aggregate, are likely to be less than spent fuel transfer activities but the same as, or more likely, greater than the preferred action. E. Alternative Use of Resources Renewal of the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 for the VSC-24 Storage Cask System would not result in irreversible commitments of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this EA. G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in 10 CFR part 51. Based on the foregoing EA, the NRC concludes that this rule entitled, ``List of Approved Spent Fuel Storage Casks: EnergySolutions Corporation, VSC-24 Ventilated Storage Cask System, Renewal of Initial Certificate and Amendment Nos. 1-6,'' will not have a significant impact on the human environment. Therefore, the NRC has determined that an EIS is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This direct final rule does not require any new or amended collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collections of information were approved by the Office of Management and Budget (OMB), approval number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this direct final rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and the EnergySolutions Corporation. These entities do not fall within the scope of the definition of small entities set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Under this regulation, any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if the licensee notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 10 CFR 72.214. On April 7, 1993 (58 FR 17967), the NRC issued an amendment to 10 CFR part 72 that approved the VSC-24 Storage Cask System design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On October 12, 2012, EnergySolutions requested a renewal of the initial certificate and Amendment Nos. 1-6 of VSC-24's CoC No. 1007 for an additional 40 years beyond the initial certificate term (ADAMS Accession No. ML12290A139). EnergySolutions supplemented its request on: February 14, 2013 (ADAMS Accession No. ML130500219), April 4, 2014 (ADAMS Accession No. ML14099A192), October 24, 2014 (ADAMS Accession No. ML14301A283), and June 26, 2015 (ADAMS Accession No. ML15182A163). Because EnergySolutions filed its renewal application at least 30 days before the certificate expiration date of May 7, 2013, pursuant to the timely renewal provisions in 10 CFR 72.240(b), the initial issuance of the certificate and Amendment Nos. 1-6 of CoC No. 1007 did not expire. The alternative to this action is to deny approval of the renewal of the initial certificate and Amendment Nos. 1-6 of CoC No. 1007 and end this direct final rule. Under this alternative, the NRC would either: (1) Require general licensees using VSC-24 Storage Cask Systems to unload spent fuel from these systems and return it to a spent fuel pool or re-load it into a different dry storage cask system listed in 10 CFR 72.214; or (2) require that users of existing VSC-24 Storage Cask Systems request site-specific licensing proceedings to continue storage in these systems. Therefore, the no-action alternative would entail either more environmental impacts from transferring the spent fuel now in VSC-24 Storage Cask Systems, or impacts from multiple licensing actions that, in the aggregate, are likely to be less than spent fuel transfer activities but the same as, or more likely, greater than the preferred action. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the SER and the EA, this direct final rule will have no significant adverse impact on public health and safety or the environment. This direct final rule also has no significant identifiable impact on or benefit to other Government agencies. Based on this regulatory analysis, the NRC concludes that the requirements of this direct final rule are commensurate with the NRC's responsibilities for public health and safety and the common defense and security. No other [[Page 31438]] available alternative is believed to be as satisfactory, and therefore, this action is recommended. XII. Backfitting and Issue Finality The NRC has determined that the actions in this direct final rule do not require a backfit analysis because they either do not fall within the definition of backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or they do not impact any general licensees currently using these systems. Additionally, the actions in this direct final rule do not impact issue finality provisions applicable to combined licenses under part 52. This direct final rule renews CoC No. 1007 for the VSC-24 Storage Cask System, as currently listed in 10 CFR 72.214, ``List of Approved Spent Fuel Storage Casks,'' to extend the expiration date of the initial certificate and Amendment Nos. 1-6 by 40 years. The renewed certificates would require implementation of an AMP for the 40 years after the storage cask system's initial 20-year service period. As part of the renewal application, EnergySolutions also requested some changes to the originally-certified systems that go beyond the aging management provisions and impose additional design and operating conditions on the certificates and their corresponding TSs to preclude the use of specified cask components, and prohibit the future storage of spent fuel above a certain burnup limit. Renewing these certificates does not, with the exceptions noted in this section, fall within the definition of backfit under 10 CFR 72.62 or 10 CFR 50.109, or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Extending the certificates' effective dates for 40 more years and requiring the implementation of AMPs does not impose any modification or addition to the design of an SSC of a cask system, or to the procedures or organization required to operate the system during the initial 20-year storage period of the system, as authorized by the current certificate. General licensees that have loaded these casks, or that load these casks in the future under the specifications of the applicable certificate, may continue to store spent fuel in these systems for the initial 20-year storage period authorized by the original certificate. The AMPs required to be implemented by this renewal are only required to be implemented after the storage cask system's initial 20-year service period ends. As explained in the 2011 final rule that amended 10 CFR part 72 (76 FR 8872, 8875, Question I), the general licensee's authority to use a particular storage cask design under an approved CoC terminates 20 years after the date that the general licensee first loads the particular cask with spent fuel, unless the cask's CoC is renewed. Because this rulemaking renews the certificates, and renewal is a separate NRC licensing action voluntarily implemented by vendors, the renewal of these CoCs is not an imposition of new or changed requirements from which these licensees would otherwise be protected by the backfitting provisions in 10 CFR 72.62 or 10 CFR 50.109. Even if renewal of this CoC system could be considered a backfit, EnergySolutions, as the holder of the CoC and vendor of the casks, is not protected by the backfitting provisions in 10 CFR 72.62. Unlike a vendor, general licensees using the existing systems subject to these renewals would be protected by the backfitting provisions in 10 CFR 72.62 and 10 CFR 50.109 if the renewals constituted new or changed requirements. But as previously explained, renewal of the certificates for these systems does not impose such requirements. The general licensees using these CoCs may continue storing material in their respective cask systems for the initial 20- year storage period identified in the applicable certificate or amendment with no changes. If general licensees choose to continue to store spent fuel in VSC-24 Cask Systems after the initial 20-year period, these general licensees will be required to implement AMPs for any cask systems subject to a renewed CoC, but such continued use is voluntary. As part of the renewal application, EnergySolutions requested some changes to the originally-certified systems that go beyond the aging management provisions required by NRC regulations. Some of these changes impose additional design and operating conditions on the certificates and their corresponding TSs to preclude the use of specified cask components, and prohibit the future storage of spent fuel above a certain burnup limit. While the imposition of such conditions would be considered a backfit if the general licensees using VSC-24 Storage Cask Systems were using the prohibited components or storing spent fuel with the prohibited burnup, none of these licensees are doing so. These prohibitions were proposed by the certificate holder to avoid having to analyze aging effects that do not and will not apply to any VSC-24 Storage Cask Systems currently in service. The NRC staff confirmed that these proposed design and operating conditions do not affect any VSC-24 Storage Cask Systems currently in service (which are located at the Arkansas Nuclear One, the Point Beach, and the Palisades Nuclear Plant sites). Therefore, these additional conditions and TS changes do not constitute backfitting within the provisions of 10 CFR 72.62 or 10 CFR 50.109. EnergySolutions also requested a condition that will prohibit the construction or placement into service of new VSC-24 SSCs under the renewed initial CoC No. 1007 certificate and Amendment Nos. 1-3, but this condition will not affect the users of existing casks. General licensees using VSC-24 Storage Cask Systems in service under the initial certificate or Amendment Nos. 1-3 as of the renewal's effective date may continue storing fuel and performing SSC maintenance and repairs in accordance with the conditions of their applicable CoC. Therefore, the requested condition affects only EnergySolutions, since it would be prohibited from manufacturing new systems under the initial certificate or Amendment Nos. 1-3 in the future. As previously mentioned, EnergySolutions, as the holder of the CoC, is not protected from backfitting by 10 CFR 72.62, and in any case, EnergySolutions itself requested the NRC to impose the condition. The vendor did not submit its request in response to new NRC requirements, nor any NRC request for an application to amend this CoC. For these reasons, renewing the initial certificate and Amendment Nos. 1-6 of CoC No. 1007, and imposing the additional conditions previously discussed, do not constitute backfitting under 10 CFR 72.62 or 10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in part 52. Accordingly, the NRC staff has not prepared a backfit analysis for this rulemaking. XIII. Congressional Review Act The OMB has not found this to be a major rule as defined in the Congressional Review Act. XIV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. [[Page 31439]] ------------------------------------------------------------------------ ADAMS Accession No./ Federal Document Register citation ------------------------------------------------------------------------ Proposed CoC No. 1007 Renewal, ML16057A127 Initial Issuance. Proposed TS, Attachment A, CoC No. ML16057A139 1007 Renewal, Initial Issuance. Proposed CoC No. 1007 Renewal, ML16057A189 Amendment 1. Proposed TS, Attachment A, Amendment ML16057A211 1. Proposed CoC No. 1007 Renewal, ML16057A216 Amendment 2. Proposed TS, Attachment A, Amendment ML16057A322 2. Proposed CoC No. 1007 Renewal, ML16057A333 Amendment 3. Proposed TS, Attachment A, Amendment ML16057A358 3. Proposed CoC No. 1007 Renewal, ML16057A449 Amendment 4. Proposed TS, Attachment A, Amendment ML16057A511 4. Proposed CoC No. 1007 Renewal, ML16057A593 Amendment 5. Proposed TS, Attachment A, Amendment ML16057A600 5. Proposed CoC No. 1007 Renewal, ML16057A617 Amendment 6. Proposed TS, Attachment A, Amendment ML16057A630 6. Preliminary SER...................... ML16057A667 Final Safety Analysis Report for the ML060810682 VSC-24 Ventilated Storage Cask System. NUREG-1092, ``Environmental ML091050510 Assessment for 10 CFR Part 72-- Licensing Requirements for the Independent Storage of Spent Fuel and High-Level Radioactive Waste``. Proposed Rule, ``Licensing 51 FR 19106 Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste''. Environmental Assessment and Finding 54 FR 19379 of No Significant Impact for Proposed Rule Entitled ``Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites``. Final Rule, ``Storage of Spent Fuel 55 FR 29181 In NRC-Approved Storage Casks at Power Reactor Sites''. Final Rule, ``License and Certificate 76 FR 8872 of Compliance Terms''. ------------------------------------------------------------------------ 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-2016-0138. 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-2016-0138); (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, 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 adopting the following amendments to 10 CFR part 72. PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR- RELATED GREATER THAN CLASS C WASTE 0 1. The authority citation for part 72 continues to read as follows: Authority: Atomic Energy Act 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 1007 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1007. Initial Certificate Effective Date: May 7, 1993, superseded by Renewed Initial Certificate, on September 20, 2017. Renewed Initial Certificate Effective Date: September 20, 2017. Amendment Number 1 Effective Date: May 30, 2000, superseded by Renewed Amendment Number 1, on September 20, 2017. Renewed Amendment Number 1 Effective Date: September 20, 2017. Amendment Number 2 Effective Date: September 5, 2000, superseded by Renewed Amendment Number 2, on September 20, 2017. Renewed Amendment Number 2 Effective Date: September 20, 2017. Amendment Number 3 Effective Date: May 21, 2001, superseded by Renewed Amendment Number 3, on September 20, 2017. Renewed Amendment Number 3 Effective Date: September 20, 2017. Amendment Number 4 Effective Date: February 3, 2003, superseded by Renewed Amendment Number 4, on September 20, 2017. Renewed Amendment Number 4 Effective Date: September 20, 2017. Amendment Number 5 Effective Date: September 13, 2005, superseded by Renewed Amendment Number 5, on September 20, 2017. Renewed Amendment Number 5 Effective Date: September 20, 2017. Amendment Number 6 Effective Date: June 5, 2006, superseded by Renewed Amendment Number 6, on September 20, 2017. Renewed Amendment Number 6 Effective Date: September 20, 2017. SAR Submitted by: EnergySolutionsTM Corporation. SAR Title: Final Safety Analysis Report for the VSC-24 Ventilated Storage Cask System. Docket Number: 72-1007. Renewed Certificate Expiration Date: May 7, 2053. [[Page 31440]] Model Number: VSC-24 . * * * * * Dated at Rockville, Maryland, this 31st day of May, 2017. For the Nuclear Regulatory Commission. Michael R. Johnson, Acting Executive Director for Operations. [FR Doc. 2017-14292 Filed 7-6-17; 8:45 am] BILLING CODE 7590-01-P
![31433
Rules and Regulations Federal Register
Vol. 82, No. 129
Friday, July 7, 2017
This section of the FEDERAL REGISTER DATES: This direct final rule is effective Table of Contents
contains regulatory documents having general September 20, 2017, unless significant I. Obtaining Information and Submitting
applicability and legal effect, most of which adverse comments are received by Comments
are keyed to and codified in the Code of August 7, 2017. If this direct final rule II. Rulemaking Procedure
Federal Regulations, which is published under is withdrawn as a result of such III. Background
50 titles pursuant to 44 U.S.C. 1510.
comments, timely notice of the IV. Discussion of Changes
The Code of Federal Regulations is sold by withdrawal will be published in the V. Voluntary Consensus Standards
the Superintendent of Documents. Federal Register. Comments received VI. Agreement State Compatibility
after this date will be considered if it is VII. Plain Writing
practical to do so, but the Commission VIII. Environmental Assessment and Finding
NUCLEAR REGULATORY of No Significant Environmental Impact
is able to ensure consideration only for IX. Paperwork Reduction Act Statement
COMMISSION comments received on or before this X. Regulatory Flexibility Certification
date. Comments received on this direct XI. Regulatory Analysis
10 CFR Part 72 final rule will also be considered to be XII. Backfitting
comments on a companion proposed XIII. Congressional Review Act
[NRC–2016–0138] rule published in the Proposed Rules XIV. Availability of Documents
section of this issue of the Federal I. Obtaining Information and
RIN 3150–AJ78 Register. Submitting Comments
List of Approved Spent Fuel Storage ADDRESSES: You may submit comments A. Obtaining Information
Casks: EnergySolutionsTM by any of the following methods:
Corporation, VSC–24 Ventilated • Federal Rulemaking Web site: Go to Please refer to Docket ID NRC–2016–
Storage Cask System, Renewal of http://www.regulations.gov and search 0138 when contacting the NRC about
Initial Certificate and Amendment Nos. for Docket ID NRC–2016–0138. Address the availability of information for this
1–6 questions about NRC dockets to Carol action. You may obtain publicly-
Gallagher; telephone: 301–415–3463; available information related to this
AGENCY: Nuclear Regulatory action by any of the following methods:
email: Carol.Gallagher@nrc.gov. For
Commission.
technical questions contact the • Federal Rulemaking Web site: Go to
ACTION: Direct final rule. individual listed in the FOR FURTHER http://www.regulations.gov and search
INFORMATION CONTACT section of this
for Docket ID NRC–2016–0138.
SUMMARY: The U.S. Nuclear Regulatory
document. • NRC’s Agencywide Documents
Commission (NRC) is amending its Access and Management System
spent fuel storage regulations by • Email comments to:
(ADAMS): You may obtain publicly-
revising the EnergySolutionsTM Rulemaking.Comments@nrc.gov. If you
available documents online in the
Corporation’s (EnergySolutions or the do not receive an automatic email reply
ADAMS Public Documents collection at
applicant) VSC–24 Ventilated Storage confirming receipt, then contact us at
http://www.nrc.gov/reading-rm/
Cask System listing within the ‘‘List of 301–415–1677.
adams.html. To begin the search, select
Approved Spent Fuel Storage Casks’’ to • Fax comments to: Secretary, U.S. ‘‘ADAMS Public Documents’’ and then
renew, for an additional 40 years, the Nuclear Regulatory Commission at 301– select ‘‘Begin Web-based ADAMS
initial certificate and Amendment Nos. 415–1101. Search.’’ For problems with ADAMS,
1–6 of Certificate of Compliance (CoC) • Mail comments to: Secretary, U.S. please contact the NRC’s Public
No. 1007. The renewal of the initial Nuclear Regulatory Commission, Document Room (PDR) reference staff at
certificate and Amendment Nos. 1–6 Washington, DC 20555–0001, ATTN: 1–800–397–4209, 301–415–4737, or by
requires cask users to establish, Rulemakings and Adjudications Staff. email to pdr.resource@nrc.gov. For the
implement, and maintain written • Hand deliver comments to: 11555 convenience of the reader, instructions
procedures for aging management Rockville Pike, Rockville, Maryland about obtaining materials referenced in
program (AMP) elements, including a 20852, between 7:30 a.m. and 4:15 p.m. this document are provided in the
lead cask inspection program, for VSC– (Eastern Time) Federal workdays; ‘‘Availability of Documents’’ section.
24 Storage Cask structures, systems, and telephone: 301–415–1677. • NRC’s PDR: You may examine and
components (SSC) important to safety. For additional direction on obtaining purchase copies of public documents at
Users must also conduct periodic information and submitting comments, the NRC’s PDR, Room O1–F21, One
‘‘tollgate’’ assessments of new see ‘‘Obtaining Information and White Flint North, 11555 Rockville
information on SSC aging effects and Submitting Comments’’ in the Pike, Rockville, Maryland 20852.
mechanisms to determine whether any SUPPLEMENTARY INFORMATION section of
element of an AMP addressing these B. Submitting Comments
this document.
asabaliauskas on DSKBBXCHB2PROD with RULES
effects and mechanisms requires Please include Docket ID NRC–2016–
FOR FURTHER INFORMATION CONTACT:
revision to encompass the current state 0138 in your comment submission.
Robert D. MacDougall, U.S. Nuclear
of knowledge. In addition, the renewal The NRC cautions you not to include
Regulatory Commission, Washington,
of the initial certificate and Amendment identifying or contact information that
DC 20555–0001; telephone: 301–415–
Nos. 1–6 makes several other changes, you do not want to be publicly
5175; email: Robert.MacDougall@
described in Section IV, ‘‘Discussion of disclosed in your comment submission.
nrc.gov.
Changes,’’ in the SUPPLEMENTARY The NRC will post all comment
INFORMATION section of this document. SUPPLEMENTARY INFORMATION: submissions at http://
VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1](https://thefederalregister.org/doc/82_FR_31562/page/1.svg)
![31434 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
www.regulations.gov as well as enter the (2) The comment proposes a change IV. Discussion of Changes
comment submissions into ADAMS. or an addition to the rule, and it is On October 12, 2012, EnergySolutions
The NRC does not routinely edit apparent that the rule would be submitted an application to renew, for
comment submissions to remove ineffective or unacceptable without an additional 40 years, the initial
identifying or contact information. incorporation of the change or addition. certificate and Amendment Nos. 1–6 of
If you are requesting or aggregating CoC No. 1007 for the VSC–24 Storage
(3) The comment causes the NRC staff
comments from other persons for Cask System (ADAMS Accession No.
to make a change (other than editorial)
submission to the NRC, then you should ML12290A139). EnergySolutions
inform those persons not to include to the rule, CoC, or technical
specifications (TSs). supplemented its request on: February
identifying or contact information that 14, 2013 (ADAMS Accession No.
they do not want to be publicly For detailed instructions on filing
ML130500219); April 4, 2014 (ADAMS
disclosed in their comment submission. comments, please see the companion
Accession No. ML14099A192); October
Your request should state that the NRC proposed rule published in the
24, 2014 (ADAMS Accession No.
does not routinely edit comment Proposed Rule section of this issue of
ML14301A283); and June 26, 2015
submissions to remove such information the Federal Register.
(ADAMS Accession No. ML15182A163).
before making the comment Because EnergySolutions filed its
submissions available to the public or III. Background
renewal application at least 30 days
entering the comment into ADAMS. Section 218(a) of the Nuclear Waste before the certificate expiration date of
II. Rulemaking Procedure Policy Act (NWPA) of 1982, as May 7, 2013, pursuant to the timely
amended, requires that ‘‘the Secretary renewal provisions in 10 CFR 72.240(b),
This direct final rule is limited to the
[of the Department of Energy] shall the initial issuance of the certificate and
renewal of the initial certificate and
Amendment Nos. 1–6 of CoC No. 1007. establish a demonstration program, in Amendment Nos. 1–6 of CoC No. 1007
The NRC is using the ‘‘direct final rule cooperation with the private sector, for did not expire.
procedure’’ to issue these renewals the dry storage of spent nuclear fuel at The renewals of the initial certificate
because they represent a limited and civilian nuclear power reactor sites, and its amendments were conducted in
routine change to an existing CoC that with the objective of establishing one or accordance with the renewal provisions
is expected to be noncontroversial. more technologies that the [Nuclear in 10 CFR 72.240. This section of NRC
Adequate protection of public health Regulatory] Commission may, by rule, spent fuel storage regulations authorizes
and safety continues to be ensured. approve for use at the sites of civilian the NRC staff to include any additional
This direct final rule will become nuclear power reactors without, to the certificate conditions it deems necessary
effective on September 20, 2017. maximum extent practicable, the need to ensure that the cask system’s SSCs
However, if the NRC receives significant for additional site-specific approvals by continue to perform their intended
adverse comments on this direct final the Commission.’’ Section 133 of the safety functions during the certificate’s
rule by August 7, 2017, the NRC will NWPA states, in part, that ‘‘[the renewal period. The NRC staff has
publish a document that withdraws this Commission] shall, by rule, establish included additional conditions in the
action and will subsequently address procedures for the licensing of any renewed certificates requiring the
the comments received in a final rule as technology approved by the implementation of an approved AMP to
a response to the companion proposed Commission under Section 219(a) [sic: ensure that VSC–24 Storage Cask
rule published in the Proposed Rule 218(a)] for use at the site of any civilian System SSCs important to safety will
section of this issue of the Federal nuclear power reactor.’’ continue to perform their intended
Register. Absent significant functions during the extended storage
To implement this mandate, the period authorized by the renewal. These
modifications to the proposed revisions Commission approved dry storage of
requiring republication, the NRC will conditions will require users of the
spent nuclear fuel in NRC-approved VSC–24 Storage Cask Systems to
not initiate a second comment period on casks under a general license by
this action. establish, implement, and maintain
publishing a final rule which added a written procedures for each AMP
A significant adverse comment is a
new subpart K in part 72 of title 10 of element, including the lead cask
comment where the commenter
the Code of Federal Regulations (10 inspection program, for VSC–24 Storage
explains why the rule would be
CFR) entitled, ‘‘General License for Cask Systems that will continue to be in
inappropriate, including challenges to
Storage of Spent Fuel at Power Reactor use for more than 20 years. These
the rule’s underlying premise or
Sites’’ (55 FR 29181; July 18, 1990). A procedures must be consistent with the
approach, or would be ineffective or
general license authorizes a reactor AMP descriptions in the applicant’s
unacceptable without a change. A
licensee to store spent fuel in NRC- Final Safety Analysis Report (FSAR).
comment is adverse and significant if:
(1) The comment opposes the rule and approved casks at a site that is licensed The procedures must also include
provides a reason sufficient to require a to operate a power reactor under 10 CFR provisions for changing AMP elements
substantive response in a notice-and- parts 50 or 52. This rule also established as necessary, within the limitations
comment process. For example, a a new subpart L in 10 CFR part 72 specified in CoC conditions and TSs, to
substantive response is required when: entitled, ‘‘Approval of Spent Fuel address new information derived from
(a) The comment causes the NRC staff Storage Casks,’’ which contains the results of AMP inspections and/or
to reevaluate (or reconsider) its position procedures and criteria for obtaining industry operating experience of aging
asabaliauskas on DSKBBXCHB2PROD with RULES
or conduct additional analysis; NRC approval of spent fuel storage cask effects. Each VSC–24 Storage Cask
(b) The comment raises an issue designs. The NRC subsequently issued a System general licensee must make and
serious enough to warrant a substantive final rule on April 7, 1993 (58 FR maintain records of periodic ‘‘tollgate’’
response to clarify or complete the 17967), that approved the VSC–24 assessments as part of the ‘‘Operating
record; or Storage Cask System design, effective Experience’’ element of each AMP. The
(c) The comment raises a relevant May 7, 1993, and added it to the list of purpose of these periodic tollgate
issue that was not previously addressed NRC-approved cask designs in 10 CFR assessments is to determine whether
or considered by the NRC staff. 72.214 as CoC No. 1007. any AMP addressing an aging effect or
VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1](https://thefederalregister.org/doc/82_FR_31562/page/2.svg)
![31440 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
Model Number: VSC–24. Penalties Inflation Adjustment Act DEPARTMENT OF TRANSPORTATION
* * * * * Improvements Act of 2015.
Federal Aviation Administration
Dated at Rockville, Maryland, this 31st day In the regulatory text, the FAA
of May, 2017. inadvertently stated the effective date
14 CFR Part 71
For the Nuclear Regulatory Commission. for the new maximums/minimums was
Michael R. Johnson, January 15, 2017. However, the FAA [Docket No. FAA–2015–6751; Airspace
intended only to apply the newly Docket No. 15–AWP–18]
Acting Executive Director for Operations.
[FR Doc. 2017–14292 Filed 7–6–17; 8:45 am] inflated maximums/minimums for
Amendment of Class E Airspace;
violations occurring on or after April 10,
BILLING CODE 7590–01–P Arcata, CA; Fortuna, CA; and
2017. Therefore, the FAA amends Establishment of Class E Airspace;
§ 13.301(c) to reflect the intended date Arcata, CA, and Eureka, CA
DEPARTMENT OF TRANSPORTATION of April 10, 2017.
AGENCY: Federal Aviation
List of Subjects in 14 CFR Part 13 Administration (FAA), DOT.
Federal Aviation Administration
Administrative practice and ACTION: Final rule.
14 CFR Part 13 procedure, Air transportation,
SUMMARY: This action modifies Class E
[Docket No. FAA–2016–70104; Amdt. Nos. Hazardous materials transportation,
surface area airspace, modifies Class E
13–39A] Investigations, Law enforcement,
airspace extending upward from 700
RIN 2120–AK90 Penalties. feet, and establishes Class E airspace
The Correcting Amendment designated as an extension at Arcata
2017 Revisions to the Civil Penalty Airport, Arcata, CA. The action also
Inflation Adjustment Tables; In consideration of the foregoing, the modifies Class E airspace extending
Correction Federal Aviation Administration upward from 700 feet at Rohnerville
AGENCY: Federal Aviation amends Chapters I of title 14, Code of Airport, Fortuna, CA, and establishes
Administration (FAA), DOT. Federal Regulations by making the stand-alone Class E airspace extending
following correction: upward from 700 feet at Murray Field
ACTION: Final rule; correction.
Airport, Eureka, CA, to accommodate
SUMMARY: The FAA is correcting a final PART 13—INVESTIGATIVE AND airspace redesign for the safety and
rule published on April 10, 2017. In that ENFORCEMENT PROCEDURES management of Instrument Flight Rules
rule, the FAA amended its regulations (IFR) operations within the National
to provide the 2017 inflation adjustment ■ 1. The authority citation for part 13 Airspace System. Additionally, this
to civil penalty amounts that may be continues to read as follows: action updates the geographic
imposed for violations of FAA coordinates of these airports.
Authority: 18 U.S.C. 6002, 28 U.S.C. 2461
regulations and the Hazardous Materials (note); 49 U.S.C. 106(g), 5121–5124, 40113– DATES: Effective 0901 UTC, October 12,
Regulations, as required by the Federal 40114, 44103–44106, 44701–44703, 44709– 2017. The Director of the Federal
Civil Penalties Inflation Adjustment Act 44710, 44713, 44725, 46101–46111, 46301, Register approves this incorporation by
Improvements Act of 2015. It also 46302 (for a violation of 49 U.S.C. 46504), reference action under Title 1, Code of
finalized the catch-up inflation 46304–46316, 46318, 46501–46502, 46504– Federal Regulations, part 51, subject to
adjustment interim final rule required 46507, 47106, 47107, 47111, 47122, 47306, the annual revision of FAA Order
by the same Act. The FAA inadvertently 47531–47532; 49 CFR 1.83. 7400.11 and publication of conforming
stated the effective date for the new amendments.
maximums/minimums was January 15, ■ 2. In § 13.301, revise the heading of
ADDRESSES: FAA Order 7400.11A,
2017, instead of April 10, 2017. This the table in paragraph (c) to read as
Airspace Designations and Reporting
document amends the FAA’s follows: Points, and subsequent amendments can
regulations to correct that error. § 13.301 Inflation adjustments of civil be viewed online at http://www.faa.gov/
DATES: Effective July 7, 2017. monetary penalties. air_traffic/publications/. For further
FOR FURTHER INFORMATION CONTACT: Cole information, you can contact the
* * * * *
R. Milliard, Attorney, Office of the Chief Airspace Policy Group, Federal Aviation
Counsel, Enforcement Division, AGC– (c) * * * Administration, 800 Independence
300, Federal Aviation Administration, Table of Minimum and Maximum Avenue SW., Washington, DC, 20591;
800 Independence Avenue SW., Civil Monetary Penalty Amounts for telephone: (202) 267–8783. The Order is
Washington, DC 20591; telephone (202) Certain Violations Occurring on or after also available for inspection at the
267–3452; email cole.milliard@faa.gov. April 10, 2017 National Archives and Records
SUPPLEMENTARY INFORMATION: Administration (NARA). For
* * * * *
information on the availability of this
Background Issued under the authority provided material at NARA, call (202) 741–6030,
On April 10, 2017, the FAA published by 28 U.S.C. 2461 note, 49 U.S.C. 106(f) or go to http://www.archives.gov/
a final rule entitled, ‘‘2017 Revisions to and 44701(a), and 51 U.S.C. 50901 in federal_register/code_of_federal-
asabaliauskas on DSKBBXCHB2PROD with RULES
the Civil Penalty Inflation Adjustment Washington, DC, on June 28, 2017. regulations/ibr_locations.html.
Tables’’ (82 FR 17097). In that final rule FAA Order 7400.11, Airspace
Lirio Liu,
the FAA amended its regulations to Designations and Reporting Points, is
Director, Office of Rulemaking. published yearly and effective on
provide the 2017 inflation adjustment to
[FR Doc. 2017–14223 Filed 7–6–17; 8:45 am] September 15.
civil penalty maximums and minimums
provided in title 14 Code of Federal BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: Tom
Regulations (14 CFR) 13.301 and 406.9, Clark, Federal Aviation Administration,
as required by the Federal Civil Operations Support Group, Western
VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1](https://thefederalregister.org/doc/82_FR_31562/page/8.svg)
Document Created: 2017-07-07 02:20:21
Document Modified: 2017-07-07 02:20:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective September 20, 2017, unless significant adverse comments are received by August 7, 2017. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. | |
| Contact | Robert D. MacDougall, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415- 5175; email: [email protected] | |
| FR Citation | 82 FR 31433 | |
| RIN Number | 3150-AJ78 | |
| CFR Associated | Administrative 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 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR