83 FR 53159 - List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS® Universal Storage System, Certificate of Compliance; No. 1015, Amendment No. 6
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 204 (October 22, 2018)
Federal Register Volume 83, Issue 204 (October 22, 2018)
| Page Range | 53159-53163 | |
| FR Document | 2018-22912 |
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)] [Rules and Regulations] [Pages 53159-53163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22912] ======================================================================== 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. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations [[Page 53159]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2018-0075] RIN 3150-AK12 List of Approved Spent Fuel Storage Casks: NAC International NAC- UMS[supreg] Universal Storage System, Certificate of Compliance; No. 1015, Amendment No. 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 NAC International NAC- UMS[supreg] listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 6 to Certificate of Compliance (CoC) No. 1015. Amendment No. 6 revises the CoC's technical specifications (TSs) to: Remove a redundant requirement for inspection of the concrete cask and canister; revise a limiting condition of operation (LCO) for heat removal to clarify that ``LCO not met'' means that the concrete heat removal system is inoperable; remove an inspection requirement that is already covered by LCO surveillance requirements for off- normal, accident, or natural phenomenon events; and clarify that ``immediate'' restoration of a concrete cask's heat removal capabilities means ``within the design-basis time limit'' in Section 11.2.13 of the Final Safety Analysis Report (FSAR), ``or within the time limit for a less than design-basis heat load case, as evaluated.'' Amendment No. 6 also clarifies that an LCO for loaded cask surface dose rates applies prior to storage conditions, when dose rates will be highest. DATES: This direct final rule is effective January 7, 2019, unless significant adverse comments are received by November 21, 2018. 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 NRC 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0075. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: Carol.Gallagher@nrc.gov. For technical questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677. Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677. For additional direction on obtaining information and submitting comments, see ``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Bernard H. White, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6577; email: Bernard.White@nrc.gov or Robert D. MacDougall, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-5175; email: Robert.MacDougall@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 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 and Issue Finality XIII. Congressional Review Act XIV. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2018-0075 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0075. 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 pdr.resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ``Availability of Documents'' section. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC-2018-0075 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 53160]] 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 changes contained in Amendment No. 6 to CoC No. 1015 and does not include other aspects of the NAC-UMS[supreg] Universal Storage System design. The NRC is using the ``direct final rule procedure'' to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on January 7, 2019. However, if the NRC receives significant adverse comments on this direct final rule by November 21, 2018, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules 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 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. (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 to make a change (other than editorial) to the rule, CoC, or TSs. For detailed instructions on filing comments, please see the companion proposed rule published in the Proposed Rules 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 [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 that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled ``General License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on October 19, 2000 (65 FR 62581), that approved the NAC-UMS[supreg] Universal Storage System design and added it to the list of NRC- approved cask designs provided in Sec. 72.214 as CoC No. 1015. IV. Discussion of Changes On May 23, 2017, NAC International submitted a request to the NRC to amend CoC No. 1015. NAC International supplemented its request on January 16, 2018. Amendment No. 6 revises the CoC's TSs to: (1) Remove a redundant requirement for inspection of the concrete cask and canister; (2) revise an LCO for heat removal to clarify that ``LCO not met'' means that the concrete heat removal system is inoperable; (3) remove an inspection requirement that is already covered by LCO surveillance requirements for off-normal, accident, or natural phenomenon events; (4) clarify that ``immediate'' restoration of a concrete cask's heat removal capabilities means ``within the design- basis time limit'' in Section 11.2.13 of the FSAR, ``or within the time limit for a less than design-basis heat load case, as evaluated''; and (5) clarify that an LCO for loaded cask surface dose rates applies prior to storage conditions, when dose rates will be highest. As documented in the preliminary safety evaluation report (PSER), the NRC performed a safety review of the proposed CoC amendment request. There are no significant changes to cask design requirements in the proposed CoC amendment. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of containment, shielding, and criticality control in the event of an accident. This amendment does not reflect a significant change in design or fabrication of the cask. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 6 would remain well within the 10 CFR part 20 limits. There will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for, or consequences from, radiological accidents. This direct final rule revises the NAC-UMS[supreg] System listing in Sec. 72.214 by adding Amendment No. 6 to CoC No. 1015. The amendment consists of the changes previously described, as set forth in the revised CoC and TSs. The revised TSs are identified and evaluated in the PSER. The amended NAC-UMS[supreg] cask design, when used under the conditions specified in the CoC, the TSs, and the NRC's regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be ensured. When this direct final rule becomes effective, persons who hold a general license under Sec. 72.210 may, consistent with the license conditions under Sec. 72.212, load spent nuclear fuel into those NAC- UMS[supreg] Universal Storage System casks that meet the [[Page 53161]] criteria of Amendment No. 6 to CoC No. 1015. 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 NAC-UMS[supreg] Universal Storage System design listed in Sec. 72.214. This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ``Policy Statement on Adequacy and Compatibility of Agreement State Programs'' approved by the Commission on June 30, 1997, and published in the Federal Register on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category ``NRC.'' Compatibility is not required for Category ``NRC'' regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR. Although an Agreement State may not adopt program elements reserved to the NRC, and the Category ``NRC'' does not confer regulatory authority on the State, the State may wish to inform its licensees of certain requirements by means consistent with the particular State's administrative procedure laws. 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. 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 Sec. 72.214 to revise the NAC International NAC-UMS[supreg] Universal Storage System listing of casks that power reactor licensees can use for dry storage of spent fuel at reactor sites under a general license. This direct final rule amends the listing to add Amendment No. 6 to CoC No. 1015. Specifically, Amendment No. 6 revises the CoC's TSs to: (1) Remove a redundant requirement for inspection of the concrete cask and canister; (2) revise an LCO for heat removal to clarify that ``LCO not met'' means that the concrete heat removal system is inoperable; (3) remove an inspection requirement that is already covered by LCO surveillance requirements for off- normal, accident, or natural phenomenon events; (4) clarify that ``immediate'' restoration of a concrete cask's heat removal capabilities means ``within the design-basis time limit'' in Section 11.2.13 of the FSAR, ``or within the time limit for a less than design- basis heat load case, as evaluated''; and (5) clarify that an LCO for loaded cask surface dose rates applies prior to storage conditions, when dose rates will be highest. B. The Need for the Action This direct final rule amends the CoC for the NAC-UMS[supreg] Universal Storage System design within the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. Specifically, Amendment No. 6 clarifies and removes redundancies in requirements for the use of the NAC-UMS[supreg] Universal Storage System. The amendment facilitates the dry cask storage of spent fuel that might otherwise have to be stored in the affected power reactors' spent fuel storage pools. C. Environmental Impacts of the Action On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was initially analyzed in the environmental assessment (EA) for the 1990 final rule. The EA for this Amendment No. 6 tiers off of the EA for the July 18, 1990, final rule. Tiering off past EAs is a standard process under the National Environmental Policy Act of 1969, as amended (NEPA). NAC-UMS[supreg] Universal Storage Systems are 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 independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other events. Considering the specific design requirements for each accident condition, the design of the cask would prevent loss of confinement, shielding, and criticality control in the event of an accident. If there is no loss of confinement, shielding, or criticality control, the environmental impacts resulting from an accident would be insignificant. This amendment does not reflect a significant change in design or fabrication of the cask. Because there are no significant design or process changes, any resulting occupational exposure or offsite dose rates from the implementation of Amendment No. 6 would remain well within 10 CFR part 20 limits. Therefore, the proposed CoC changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the EA supporting the July 18, 1990, final rule. There will be no significant change in the types or amounts of any effluent released, no significant increase in individual or cumulative radiation exposures, and no significant increase in the potential for or consequences of radiological accidents. The NRC documented its safety findings in a PSER. D. Alternative to the Action The alternative to this action is to deny approval of Amendment No. 6 and end the direct final rule. Consequently, any 10 CFR part 72 general licensee that seeks to load spent nuclear fuel into NAC International NAC-UMS[supreg] Universal Storage Systems in accordance with the changes described in proposed Amendment No. 6 would have to request an exemption from the requirements of Sec. Sec. 72.212 and 72.214. Under this alternative, interested licensees would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Therefore, the environmental impacts of the alternative action would be the same as, or more likely greater than, the preferred action. E. Alternative Use of Resources Approval of Amendment No. 6 to CoC No. 1015 would result in no irreversible commitment of resources. F. Agencies and Persons Contacted No agencies or persons outside the NRC were contacted in connection with the preparation of this EA. [[Page 53162]] G. Finding of No Significant Impact The environmental impacts of the action have been reviewed under the requirements in NEPA, and the NRC's regulations in subpart A of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.'' Based on the foregoing EA, the NRC concludes that this direct final rule entitled, ``List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS[supreg] Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 6'' will not have a significant effect on the human environment. Therefore, the NRC has determined that an environmental impact statement is not necessary for this direct final rule. IX. Paperwork Reduction Act Statement This direct final rule does not contain 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 request for information or an information collection requirement unless the requesting document 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 NAC International. 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 (Sec. 2.810). XI. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in Sec. 72.214. On October 19, 2000 (65 FR 62581), the NRC issued an amendment to 10 CFR part 72 that approved the NAC-UMS[supreg] Universal Storage System design by adding it to the list of NRC-approved cask designs in Sec. 72.214. On May 23, 2017, and as supplemented on January 16, 2018, NAC International submitted an application to amend the NAC-UMS[supreg] Universal Storage System as described in Section IV, ``Discussion of Changes,'' of this document. The alternative to this action is to withhold approval of Amendment No. 6 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into NAC International NAC-UMS[supreg] Universal Storage Systems under the changes described in Amendment No. 6 to request an exemption from the requirements of Sec. Sec. 72.212 and 72.214. Under this alternative, each interested 10 CFR part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of this direct final rule is consistent with previous NRC actions. Further, as documented in the PSER and EA, this direct final rule will have no adverse effect on public health and safety or the environment. This direct final rule has no significant identifiable impact or benefit on 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 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 Sec. 72.62 or Sec. 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 10 CFR part 52. This direct final rule revises CoC No. 1015 for the NAC International NAC-UMS[supreg] Universal Storage System, as currently listed in Sec. 72.214. The revision consists of Amendment No. 6, which revises the CoC's TSs to: (1) Remove a redundant requirement for inspection of the concrete cask and canister; (2) revise an LCO for heat removal to clarify that ``LCO not met'' means that the concrete heat removal system is inoperable; (3) remove an inspection requirement that is already covered by LCO surveillance requirements for off- normal, accident, or natural phenomenon events; (4) clarify that ``immediate'' restoration of a concrete cask's heat removal capabilities means ``within the design-basis time limit'' in Section 11.2.13 of the FSAR, ``or within the time limit for a less than design- basis heat load case, as evaluated''; and (5) clarify that an LCO for loaded cask surface dose rates applies prior to storage conditions, when dose rates will be highest. Amendment No. 6 to CoC No. 1015 for the NAC International NAC- UMS[supreg] Universal Storage System was initiated by NAC International and was not submitted in response to new NRC requirements, or an NRC request for amendment. Amendment No. 6 applies only to new casks fabricated and used under Amendment No. 6. These changes do not affect existing users of the NAC International NAC-UMS[supreg] Universal Storage System, and the current Amendment No. 5 continues to be effective for existing users. While current CoC users may comply with the new requirements in Amendment No. 6, this would be a voluntary decision on the part of current users. For these reasons, Amendment No. 6 to CoC No. 1015 does not constitute backfitting under Sec. 72.62 or Sec. 50.109(a)(1), or otherwise represent an inconsistency with the issue finality provisions applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC has not prepared a backfit analysis for this rulemaking. XIII. Congressional Review Act This direct final rule is not a 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 53163]] ------------------------------------------------------------------------ ADAMS accession No./web link/ Document Federal Register citation ------------------------------------------------------------------------ Request to Amend Certificate of ML17145A380 Compliance No. 1015 for the NAC- UMS[supreg] Cask System, dated May 23, 2017. Revision of Request to Amend ML18018A893 Certificate of Compliance No. 1015 for the NAC-UMS[supreg] Cask System, dated January 16, 2018. Revision 11 to NAC-UMS[supreg] Final ML16341B102 Safety Analysis Report for the UMS Universal Storage System. Proposed CoC No. 1015, Amendment No. 6 ML18088A174 Proposed Technical Specifications, ML18088A176 Appendix A. Proposed Technical Specifications, ML18088A178 Appendix B. Preliminary Safety Evaluation Report.. ML18088A181 ------------------------------------------------------------------------ The NRC may post materials related to this document, including public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0075. The Federal Rulemaking website allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC-2018-0075); (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, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, 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 1015 is revised to read as follows: Sec. 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1015. Initial Certificate Effective Date: November 20, 2000. Amendment Number 1 Effective Date: February 20, 2001. Amendment Number 2 Effective Date: December 31, 2001. Amendment Number 3 Effective Date: March 31, 2004. Amendment Number 4 Effective Date: October 11, 2005. Amendment Number 5 Effective Date: January 12, 2009. Amendment Number 6 Effective Date: January 7, 2019. SAR Submitted by: NAC International, Inc. SAR Title: Final Safety Analysis Report for the NAC-UMS Universal Storage System. Docket Number: 72-1015. Certificate Expiration Date: November 20, 2020. Model Number: NAC-UMS. * * * * * Dated at Rockville, Maryland, this 9th day of October 2018. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2018-22912 Filed 10-19-18; 8:45 am] BILLING CODE 7590-01-P
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Rules and Regulations Federal Register
Vol. 83, No. 204
Monday, October 22, 2018
This section of the FEDERAL REGISTER November 21, 2018. If this direct final Table of Contents
contains regulatory documents having general rule is withdrawn as a result of such I. Obtaining Information and Submitting
applicability and legal effect, most of which comments, timely notice of the Comments
are keyed to and codified in the Code of withdrawal will be published in the II. Rulemaking Procedure
Federal Regulations, which is published under Federal Register. Comments received III. Background
50 titles pursuant to 44 U.S.C. 1510.
after this date will be considered if it is IV. Discussion of Changes
The Code of Federal Regulations is sold by practical to do so, but the NRC is able V. Voluntary Consensus Standards
the Superintendent of Documents. to ensure consideration only for VI. Agreement State Compatibility
comments received on or before this VII. Plain Writing
date. Comments received on this direct VIII. Environmental Assessment and Finding
NUCLEAR REGULATORY of No Significant Environmental Impact
final rule will also be considered to be
COMMISSION IX. Paperwork Reduction Act Statement
comments on a companion proposed X. Regulatory Flexibility Certification
rule published in the Proposed Rules XI. Regulatory Analysis
10 CFR Part 72 section of this issue of the Federal XII. Backfitting and Issue Finality
[NRC–2018–0075] Register. XIII. Congressional Review Act
ADDRESSES: You may submit comments XIV. Availability of Documents
RIN 3150–AK12
by any of the following methods: I. Obtaining Information and
List of Approved Spent Fuel Storage • Federal Rulemaking Website: Go to Submitting Comments
Casks: NAC International NAC–UMS® http://www.regulations.gov and search
Universal Storage System, Certificate for Docket ID NRC–2018–0075. Address A. Obtaining Information
of Compliance; No. 1015, Amendment questions about NRC dockets to Carol Please refer to Docket ID NRC–2018–
No. 6 Gallagher; telephone: 301–415–3463; 0075 when contacting the NRC about
email: Carol.Gallagher@nrc.gov. For the availability of information for this
AGENCY: Nuclear Regulatory technical questions contact the action. You may obtain publicly-
Commission. individuals listed in the FOR FURTHER available information related to this
ACTION: Direct final rule. INFORMATION CONTACT section of this action by any of the following methods:
document. • Federal Rulemaking Website: Go to
SUMMARY: The U.S. Nuclear Regulatory • Email comments to: http://www.regulations.gov and search
Commission (NRC) is amending its Rulemaking.Comments@nrc.gov. If you for Docket ID NRC–2018–0075.
spent fuel storage regulations by do not receive an automatic email reply • NRC’s Agencywide Documents
revising the NAC International NAC– confirming receipt, then contact us at Access and Management System
UMS® listing within the ‘‘List of 301–415–1677. (ADAMS): You may obtain publicly-
approved spent fuel storage casks’’ to • Fax comments to: Secretary, U.S. available documents online in the
include Amendment No. 6 to Certificate Nuclear Regulatory Commission at 301– ADAMS Public Documents collection at
of Compliance (CoC) No. 1015. 415–1101. http://www.nrc.gov/reading-rm/
Amendment No. 6 revises the CoC’s • Mail comments to: Secretary, U.S. adams.html. To begin the search, select
technical specifications (TSs) to: Nuclear Regulatory Commission, ‘‘ADAMS Public Documents’’ and then
Remove a redundant requirement for Washington, DC 20555–0001, ATTN: select ‘‘Begin Web-based ADAMS
inspection of the concrete cask and Rulemakings and Adjudications Staff. Search.’’ For problems with ADAMS,
canister; revise a limiting condition of • Hand deliver comments to: 11555 please contact the NRC’s Public
operation (LCO) for heat removal to Rockville Pike, Rockville, Maryland Document Room (PDR) reference staff at
clarify that ‘‘LCO not met’’ means that 20852, between 7:30 a.m. and 4:15 p.m. 1–800–397–4209, 301–415–4737, or by
the concrete heat removal system is (Eastern Time) Federal workdays; email to pdr.resource@nrc.gov. For the
inoperable; remove an inspection telephone: 301–415–1677. convenience of the reader, instructions
requirement that is already covered by For additional direction on obtaining about obtaining materials referenced in
LCO surveillance requirements for off- information and submitting comments, this document are provided in the
normal, accident, or natural see ‘‘Obtaining Information and ‘‘Availability of Documents’’ section.
phenomenon events; and clarify that Submitting Comments’’ in the • NRC’s PDR: You may examine and
‘‘immediate’’ restoration of a concrete SUPPLEMENTARY INFORMATION section of
purchase copies of public documents at
cask’s heat removal capabilities means this document. the NRC’s PDR, Room O1–F21, One
‘‘within the design-basis time limit’’ in FOR FURTHER INFORMATION CONTACT: White Flint North, 11555 Rockville
Section 11.2.13 of the Final Safety Bernard H. White, Office of Nuclear Pike, Rockville, Maryland 20852.
Analysis Report (FSAR), ‘‘or within the Material Safety and Safeguards;
time limit for a less than design-basis telephone: 301–415–6577; email: B. Submitting Comments
heat load case, as evaluated.’’ Bernard.White@nrc.gov or Robert D. Please include Docket ID NRC–2018–
Amendment No. 6 also clarifies that an MacDougall, Office of Nuclear Material
daltland on DSKBBV9HB2PROD with RULES
0075 in your comment submission.
LCO for loaded cask surface dose rates Safety and Safeguards; telephone: 301– The NRC cautions you not to include
applies prior to storage conditions, 415–5175; email: Robert.MacDougall@ identifying or contact information that
when dose rates will be highest. nrc.gov. Both are staff of the U.S. you do not want to be publicly
DATES: This direct final rule is effective Nuclear Regulatory Commission, disclosed in your comment submission.
January 7, 2019, unless significant Washington, DC 20555–0001. The NRC will post all comment
adverse comments are received by SUPPLEMENTARY INFORMATION: submissions at http://
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![53160 Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations
www.regulations.gov as well as enter the (c) The comment raises a relevant 2018. Amendment No. 6 revises the
comment submissions into ADAMS. issue that was not previously addressed CoC’s TSs to: (1) Remove a redundant
The NRC does not routinely edit or considered by the NRC. requirement for inspection of the
comment submissions to remove (2) The comment proposes a change concrete cask and canister; (2) revise an
identifying or contact information. or an addition to the rule, and it is LCO for heat removal to clarify that
If you are requesting or aggregating apparent that the rule would be ‘‘LCO not met’’ means that the concrete
comments from other persons for ineffective or unacceptable without heat removal system is inoperable; (3)
submission to the NRC, then you should incorporation of the change or addition. remove an inspection requirement that
inform those persons not to include (3) The comment causes the NRC to is already covered by LCO surveillance
identifying or contact information that make a change (other than editorial) to requirements for off-normal, accident, or
they do not want to be publicly the rule, CoC, or TSs. natural phenomenon events; (4) clarify
disclosed in their comment submission. For detailed instructions on filing that ‘‘immediate’’ restoration of a
Your request should state that the NRC comments, please see the companion concrete cask’s heat removal capabilities
does not routinely edit comment proposed rule published in the means ‘‘within the design-basis time
submissions to remove such information Proposed Rules section of this issue of limit’’ in Section 11.2.13 of the FSAR,
before making the comment the Federal Register. ‘‘or within the time limit for a less than
submissions available to the public or III. Background design-basis heat load case, as
entering the comment into ADAMS. evaluated’’; and (5) clarify that an LCO
Section 218(a) of the Nuclear Waste for loaded cask surface dose rates
II. Rulemaking Procedure Policy Act (NWPA) of 1982, as applies prior to storage conditions,
amended, requires that ‘‘the Secretary when dose rates will be highest.
This direct final rule is limited to the
[of the Department of Energy] shall As documented in the preliminary
changes contained in Amendment No. 6
establish a demonstration program, in safety evaluation report (PSER), the NRC
to CoC No. 1015 and does not include
cooperation with the private sector, for performed a safety review of the
other aspects of the NAC–UMS®
the dry storage of spent nuclear fuel at proposed CoC amendment request.
Universal Storage System design. The
civilian nuclear power reactor sites, There are no significant changes to cask
NRC is using the ‘‘direct final rule
with the objective of establishing one or design requirements in the proposed
procedure’’ to issue this amendment
more technologies that the [U.S. Nuclear CoC amendment. Considering the
because it represents a limited and
Regulatory] Commission may, by rule, specific design requirements for each
routine change to an existing CoC that
approve for use at the sites of civilian accident condition, the design of the
is expected to be noncontroversial.
nuclear power reactors without, to the cask would prevent loss of containment,
Adequate protection of public health
maximum extent practicable, the need shielding, and criticality control in the
and safety continues to be ensured. The
for additional site-specific approvals by event of an accident. This amendment
amendment to the rule will become
the Commission.’’ Section 133 of the does not reflect a significant change in
effective on January 7, 2019. However,
NWPA states, in part, that ‘‘[the design or fabrication of the cask. In
if the NRC receives significant adverse
Commission] shall, by rule, establish addition, any resulting occupational
comments on this direct final rule by
procedures for the licensing of any exposure or offsite dose rates from the
November 21, 2018, then the NRC will
technology approved by the implementation of Amendment No. 6
publish a document that withdraws this
Commission under Section 219(a) [sic: would remain well within the 10 CFR
action and will subsequently address
218(a)] for use at the site of any civilian part 20 limits. There will be no
the comments received in a final rule as
nuclear power reactor.’’ significant change in the types or
a response to the companion proposed To implement this mandate, the amounts of any effluent released, no
rule published in the Proposed Rules Commission approved dry storage of significant increase in the individual or
section of this issue of the Federal spent nuclear fuel in NRC-approved cumulative radiation exposure, and no
Register. Absent significant casks under a general license by significant increase in the potential for,
modifications to the proposed revisions publishing a final rule that added a new or consequences from, radiological
requiring republication, the NRC will subpart K in part 72 of title 10 of the accidents.
not initiate a second comment period on Code of Federal Regulations (10 CFR) This direct final rule revises the
this action. entitled ‘‘General License for Storage of NAC–UMS® System listing in § 72.214
A significant adverse comment is a Spent Fuel at Power Reactor Sites’’ (55 by adding Amendment No. 6 to CoC No.
comment where the commenter FR 29181; July 18, 1990). This rule also 1015. The amendment consists of the
explains why the rule would be established a new subpart L in 10 CFR changes previously described, as set
inappropriate, including challenges to part 72 entitled ‘‘Approval of Spent Fuel forth in the revised CoC and TSs. The
the rule’s underlying premise or Storage Casks,’’ which contains revised TSs are identified and evaluated
approach, or would be ineffective or procedures and criteria for obtaining in the PSER.
unacceptable without a change. A NRC approval of spent fuel storage cask The amended NAC–UMS® cask
comment is adverse and significant if: designs. The NRC subsequently issued a design, when used under the conditions
(1) The comment opposes the rule and final rule on October 19, 2000 (65 FR specified in the CoC, the TSs, and the
provides a reason sufficient to require a 62581), that approved the NAC–UMS® NRC’s regulations, will meet the
substantive response in a notice-and- Universal Storage System design and requirements of 10 CFR part 72;
comment process. For example, a added it to the list of NRC-approved therefore, adequate protection of public
substantive response is required when: cask designs provided in § 72.214 as health and safety will continue to be
(a) The comment causes the NRC to ensured. When this direct final rule
daltland on DSKBBV9HB2PROD with RULES
CoC No. 1015.
reevaluate (or reconsider) its position or becomes effective, persons who hold a
conduct additional analysis; IV. Discussion of Changes general license under § 72.210 may,
(b) The comment raises an issue On May 23, 2017, NAC International consistent with the license conditions
serious enough to warrant a substantive submitted a request to the NRC to under § 72.212, load spent nuclear fuel
response to clarify or complete the amend CoC No. 1015. NAC International into those NAC–UMS® Universal
record; or supplemented its request on January 16, Storage System casks that meet the
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![Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Rules and Regulations 53163
ADAMS accession
No./web link/
Document Federal Register
citation
Request to Amend Certificate of Compliance No. 1015 for the NAC–UMS® Cask System, dated May 23, 2017 .................... ML17145A380
Revision of Request to Amend Certificate of Compliance No. 1015 for the NAC–UMS® Cask System, dated January 16, ML18018A893
2018.
Revision 11 to NAC–UMS® Final Safety Analysis Report for the UMS Universal Storage System .......................................... ML16341B102
Proposed CoC No. 1015, Amendment No. 6 .............................................................................................................................. ML18088A174
Proposed Technical Specifications, Appendix A ......................................................................................................................... ML18088A176
Proposed Technical Specifications, Appendix B ......................................................................................................................... ML18088A178
Preliminary Safety Evaluation Report .......................................................................................................................................... ML18088A181
The NRC may post materials related 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 DEPARTMENT OF TRANSPORTATION
to this document, including public note.
comments, on the Federal Rulemaking Federal Aviation Administration
■ 2. In § 72.214, Certificate of
website at http://www.regulations.gov
Compliance 1015 is revised to read as
under Docket ID NRC–2018–0075. The 14 CFR Part 25
follows:
Federal Rulemaking website allows you
to receive alerts when changes or § 72.214 List of approved spent fuel [Docket No. FAA–2016–4136; Special
additions occur in a docket folder. To storage casks. Conditions No. 25–621B–SC]
subscribe: (1) Navigate to the docket
* * * * *
folder (NRC–2018–0075); (2) click the Special Conditions: The Boeing
‘‘Sign up for Email Alerts’’ link; and (3) Certificate Number: 1015. Company (Boeing), Model 777 Series
enter your email address and select how Initial Certificate Effective Date: Airplanes; Dynamic Test Requirements
frequently you would like to receive November 20, 2000. for Single Occupant Oblique Seats,
emails (daily, weekly, or monthly). With or Without Airbag Devices or 3-
Amendment Number 1 Effective Date:
Point Restraints
List of Subjects in 10 CFR Part 72 February 20, 2001.
Administrative practice and Amendment Number 2 Effective Date: AGENCY:Federal Aviation
procedure, Hazardous waste, Indians, December 31, 2001. Administration (FAA), DOT.
Intergovernmental relations, Nuclear Amendment Number 3 Effective Date: ACTION: Amended final special
energy, Penalties, Radiation protection, March 31, 2004. conditions; request for comments.
Reporting and recordkeeping
requirements, Security measures, Amendment Number 4 Effective Date: SUMMARY: These amended special
Whistleblowing. October 11, 2005. conditions are issued for the Boeing
For the reasons set out in the Amendment Number 5 Effective Date: Model 777 series airplanes. These
preamble and under the authority of the January 12, 2009. special conditions are for oblique (side-
Atomic Energy Act of 1954, as amended; Amendment Number 6 Effective Date: facing) seats, installed in Boeing Model
the Energy Reorganization Act of 1974, January 7, 2019. 777 series airplanes, at an angle of 18 to
as amended; the Nuclear Waste Policy 45 degrees to the airplane centerline and
Act of 1982, as amended; and 5 U.S.C. SAR Submitted by: NAC which may include a 3-point or airbag
552 and 553; the NRC is adopting the International, Inc. restraint system, or both, for occupant
following amendments to 10 CFR part SAR Title: Final Safety Analysis restraint and injury protection. This
72: Report for the NAC–UMS Universal amendment adds a note and one special
Storage System. condition to the Special Conditions
PART 72—LICENSING section. This airplane will have novel or
REQUIREMENTS FOR THE Docket Number: 72–1015.
unusual design features when compared
INDEPENDENT STORAGE OF SPENT Certificate Expiration Date: November to the state of technology envisioned in
NUCLEAR FUEL, HIGH–LEVEL 20, 2020. the airworthiness standards for
RADIOACTIVE WASTE, AND Model Number: NAC–UMS. transport category airplanes. These
REACTOR–RELATED GREATER THAN design features are oblique (side-facing)
CLASS C WASTE * * * * *
single-occupant passenger seats
Dated at Rockville, Maryland, this 9th day equipped with or without airbag devices
■ 1. The authority citation for part 72 of October 2018. or 3-point restraints. The applicable
continues to read as follows: For the Nuclear Regulatory Commission. airworthiness regulations do not contain
Authority: Atomic Energy Act of 1954, Margaret M. Doane, adequate or appropriate safety standards
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, for this design feature. These special
183, 184, 186, 187, 189, 223, 234, 274 (42 Executive Director for Operations.
[FR Doc. 2018–22912 Filed 10–19–18; 8:45 am]
conditions contain the additional safety
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
2099, 2111, 2201, 2210e, 2232, 2233, 2234, standards that the Administrator
BILLING CODE 7590–01–P
2236, 2237, 2238, 2273, 2282, 2021); Energy considers necessary to establish a level
daltland on DSKBBV9HB2PROD with RULES
Reorganization Act of 1974, secs. 201, 202, of safety equivalent to that established
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); by the existing airworthiness standards.
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act DATES: This action is effective on The
of 1982, secs. 117(a), 132, 133, 134, 135, 137, Boeing Company on October 22, 2018.
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), Send comments on or before December
10152, 10153, 10154, 10155, 10157, 10161, 6, 2018.
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Document Created: 2018-10-20 01:49:44
Document Modified: 2018-10-20 01:49:44
| 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 January 7, 2019, unless significant adverse comments are received by November 21, 2018. 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 NRC 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 | Bernard H. White, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6577; email: [email protected] or Robert D. MacDougall, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-5175; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 83 FR 53159 | |
| RIN Number | 3150-AK12 | |
| CFR Associated | Administrative Practice and Procedure; Hazardous Waste; Indians; Intergovernmental Relations; Nuclear Energy; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures and Whistleblowing |
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