[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Rules and Regulations]
[Pages 33678-33681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14334]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2010-0140]
RIN 3150-AI86


List of Approved Spent Fuel Storage Casks: MAGNASTOR System, 
Revision 1

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U. S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the NAC International Inc. 
(NAC) MAGNASTOR System listing within the ``List of Approved Spent Fuel 
Storage Casks'' to include Amendment No. 1 to Certificate of Compliance 
(CoC) Number 1031. Amendment No. 1 to the MAGNASTOR System CoC will 
change Technical Specifications (TS) related to neutron absorber 
qualification and acceptance testing. Specifically, the amendment will 
revise TS 4.1.1.b and incorporate by reference into the MAGNASTOR CoC, 
Sections 10.1.6.4.5, 10.1.6.4.6, 10.1.6.4.7, and 10.1.6.4.8 of the 
Final Safety Analysis Report (FSAR) regarding the acceptance testing of 
borated aluminum alloy and borated metal matrix composite neutron 
absorber material. The amendment will also include other changes in 
Appendices A and B of the TS to incorporate minor editorial 
corrections.

DATES: The final rule is effective August 30, 2010, unless significant 
adverse comments are received by July 15, 2010. 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. If 
the rule is withdrawn, timely notice will be published in the Federal 
Register.

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0140. Address 
questions about NRC dockets to Carol Gallagher at 301-492-3668; e-mail 
Carol.Gallagher@nrc.gov.
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to 
pdr.resource@nrc.gov. An electronic copy of the proposed CoC, TS, and 
preliminary safety evaluation report (SER) can be found under ADAMS 
Package Number ML100130178. The ADAMS Accession Number for the NAC 
application, dated March 26, 2009, is ML090890292.
    CoC No. 1031, the TS, the preliminary SER, and the environmental 
assessment are available for inspection at the NRC PDR, Room O-1F21, 
One White Flint North, 11555 Rockville Pike, Rockville, MD. Single 
copies of these documents may be obtained from Jayne M. McCausland, 
Office of Federal and State Materials and Environmental Management 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-6219, e-mail Jayne.McCausland@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Jayne M. McCausland, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6219, e-mail Jayne.McCausland@nrc.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 33679]]

Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended 
(NWPA), requires that ``[t]he Secretary [of the Department of Energy 
(DOE)] 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 ``[t]he Commission shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 218(a) for use at the site of any civilian 
nuclear power reactor.''
    To implement this mandate, the NRC approved dry storage of spent 
nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule in 10 CFR part 72, which added a new Subpart K 
within 10 CFR Part 72, entitled ``General License for Storage of Spent 
Fuel at Power Reactor Sites'' (55 FR 29181; July 18, 1990). This rule 
also established a new subpart L within 10 CFR part 72, entitled 
``Approval of Spent Fuel Storage Casks,'' which contains procedures and 
criteria for obtaining NRC approval of spent fuel storage cask designs. 
The NRC subsequently issued a final rule on November 21, 2008 (73 FR 
70587), that approved the MAGNASTOR cask design and added it to the 
list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1031.

Discussion

    On March 26, 2009, and as supplemented on September 4 and December 
1, 2009, the certificate holder (NAC) submitted an application to the 
NRC that requested an amendment to CoC No. 1031. NAC requested 
modifications to the cask design to change the TS related to neutron 
absorber qualification and acceptance testing. Specifically, the 
amendment will revise TS 4.1.1.b and incorporate by reference into the 
MAGNASTOR CoC, Sections 10.1.6.4.5, 10.1.6.4.6, 10.1.6.4.7, and 
10.1.6.4.8 of the FSAR regarding the acceptance testing of borated 
aluminum alloy and borated metal matrix composite neutron absorber 
material. The amendment will also include other changes in Appendices A 
and B of the TS to incorporate minor editorial corrections. As 
documented in the SER, the NRC staff performed a detailed safety 
evaluation of the proposed CoC amendment request and found that an 
acceptable safety margin is maintained. In addition, the NRC staff has 
determined that there continues to be reasonable assurance that public 
health and safety and the environment will be adequately protected.
    This direct final rule revises the MAGNASTOR System listing in 10 
CFR 72.214 by adding Amendment No. 1 to CoC No. 1031. The amendment 
consists of the changes described above, as set forth in the revised 
CoC and TS. The particular TS which are changed are identified in the 
SER.
    The amended MAGNASTOR System cask design, when used under the 
conditions specified in the CoC, the TS, and NRC regulations, will meet 
the requirements of Part 72; thus, adequate protection of public health 
and safety will continue to be ensured. When this direct final rule 
becomes effective, persons who hold a general license under 10 CFR 
72.210 may load spent nuclear fuel into MAGNASTOR System casks that 
meet the criteria of Amendment No. 1 to CoC No. 1031 under 10 CFR 
72.212.

Discussion of Amendments by Section

Section 72.214 List of Approved Spent Fuel Storage Casks

    Certificate No. 1031 is revised by adding the effective date of 
Amendment Number 1.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 1 to 
CoC No. 1031 and does not include other aspects of the MAGNASTOR 
System. 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 and the environment continues to 
be ensured. The amendment to the rule will become effective on August 
30, 2010. However, if the NRC receives significant adverse comments on 
this direct final rule by July 15, 2010, 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 elsewhere in 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 TS.
    For detailed instructions on filing comments, please see the 
companion proposed rule published elsewhere in this issue of the 
Federal Register.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the MAGNASTOR System cask design listed in Sec.  72.214 (List of NRC-
approved spent fuel storage cask designs). This action does not 
constitute the establishment of a standard that contains generally 
applicable requirements.

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 (AEA), or the provisions of

[[Page 33680]]

Title 10 of the Code of Federal Regulations. Although an Agreement 
State may not adopt program elements reserved to NRC, it may wish to 
inform its licensees of certain requirements via a mechanism that is 
consistent with the particular State's administrative procedure laws 
but does not confer regulatory authority on the State.

Plain Language

    The Presidential Memorandum, ``Plain Language in Government 
Writing,'' published June 10, 1998 (63 FR 31883), directed that the 
Government's documents be in clear and accessible language. The NRC 
requests comments on this direct final rule specifically with respect 
to the clarity and effectiveness of the language used. Comments should 
be sent to the address listed under the heading ADDRESSES, above.

Finding of No Significant Environmental Impact: Availability

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC regulations in Subpart A of 10 CFR part 51, the NRC has 
determined that this rule, if adopted, would not be a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact statement is not required. The 
NRC has prepared an environmental assessment and, on the basis of this 
environmental assessment, has made a finding of no significant impact. 
This rule will amend the CoC for the MAGNASTOR System cask 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. The amendment will change the TS related to neutron absorber 
qualification and acceptance testing. Specifically, the amendment will 
revise TS 4.1.1.b and incorporate by reference into the MAGNASTOR CoC, 
Sections 10.1.6.4.5, 10.1.6.4.6, 10.1.6.4.7, and 10.1.6.4.8 of the FSAR 
regarding the acceptance testing of borated aluminum alloy and borated 
metal matrix composite neutron absorber material. The amendment will 
also include other changes in Appendices A and B of the TS to 
incorporate minor editorial corrections.
    The environmental assessment and finding of no significant impact 
on which this determination is based are available for inspection at 
the NRC Public Document Room, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD. Single copies of the environmental 
assessment and finding of no significant impact are available from 
Jayne M. McCausland, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6219, e-mail 
Jayne.McCausland@nrc.gov.

Paperwork Reduction Act Statement

    This direct final rule does not contain a new or amended 
information collection requirement subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements 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.

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 10 CFR 72.214. On November 21, 2008 (73 FR 
70587), the NRC issued an amendment to Part 72 that approved the 
MAGNASTOR System cask design by adding it to the list of NRC-approved 
cask designs in 10 CFR 72.214. On March 26, 2009, and as supplemented 
on September 4 and December 1, 2009, the certificate holder (NAC) 
submitted an application to the NRC to amend CoC No. 1031 to change the 
TS related to neutron absorber qualification and acceptance testing. 
Specifically, the amendment will revise TS 4.1.1.b and incorporate by 
reference into the MAGNASTOR CoC, Sections 10.1.6.4.5, 10.1.6.4.6, 
10.1.6.4.7, and 10.1.6.4.8 of the FSAR regarding the acceptance testing 
of borated aluminum alloy and borated metal matrix composite neutron 
absorber material. The amendment will also include other changes in 
Appendices A and B of the TS to incorporate minor editorial 
corrections.
    The alternative to this action is to withhold approval of Amendment 
No. 1 and to require any Part 72 general licensee, seeking to load 
spent nuclear fuel into MAGNASTOR System casks under the changes 
described in Amendment No. 1, to request an exemption from the 
requirements of 10 CFR 72.212 and 72.214. Under this alternative, each 
interested 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 the direct final rule is consistent with previous NRC 
actions. Further, as documented in the SER and the environmental 
assessment, the direct final rule will have no adverse effect on public 
health and safety. 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 
the direct final rule are commensurate with the NRC's responsibilities 
for public health and safety and the common defense and security. No 
other available alternative is believed to be as satisfactory, and 
thus, this action is recommended.

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this rule will not, if issued, have a significant 
economic impact on a substantial number of small entities. This direct 
final rule affects only nuclear power plant licensees and NAC. 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).

Backfit Analysis

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule because this amendment does not 
involve any provisions that would impose backfits as defined in 10 CFR 
chapter I. Therefore, a backfit analysis is not required.

Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs, 
Office of Management and Budget.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous Waste, Nuclear 
materials, Occupational safety and health, Radiation protection, 
Reporting and recordkeeping requirements,

[[Page 33681]]

Security measures, Spent nuclear fuel, Whistleblowing.


0
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:  Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 
2014, 2021, 2021b, 2111).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


0
2. In Sec.  72.214, Certificate of Compliance 1031 is revised to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1031.
    Initial Certificate Effective Date: February 4, 2009.
    Amendment Number 1 Effective Date: August 30, 2010.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the MAGNASTOR System.
    Docket Number: 72-1031.
    Certificate Expiration Date: February 4, 2029.
    Model Number: MAGNASTOR.

    Dated at Rockville, Maryland, this 25th day of May 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-14334 Filed 6-14-10; 8:45 am]
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