[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32077-32078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12742]



10 CFR Part 72

RIN 3150-AJ22

List of Approved Spent Fuel Storage Casks: MAGNASTOR[supreg] 

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; withdrawal.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a 
direct final rule that would have revised its spent fuel storage 
regulations to include Amendment No. 3 to Certificate of Compliance 
(CoC) No. 1031, NAC International, Inc. (NAC) Modular Advanced 
Generation Nuclear All-purpose Storage (MAGNASTOR[supreg]) System 
listing within the ``List of Approved Spent Fuel Storage Casks.'' The 
NRC is taking this action because it has received a significant adverse 
comment for the vendor of MAGNASTOR[supreg] in response to a companion 
proposed rule which was concurrently published with the direct final 

DATES: Effective May 29, 2013, the NRC withdraws the direct final rule 
published at 78 FR 16601 on March 18, 2013.

ADDRESSES: Please refer to Docket ID NRC-2012-0308 when contacting the 
NRC about the availability of information for this action. You may 
access information related to this action, which the NRC possesses and 
is publicly available, by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0308. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this final rule.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library 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].
     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.

FOR FURTHER INFORMATION CONTACT: Naiem S. Tanious, Office of Federal 
and State Materials and Environmental Programs, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, telephone: 301-415-6103, email: 
[email protected].

SUPPLEMENTARY INFORMATION: On March 18, 2013 (78 FR 16601), the NRC 
published in the Federal Register a direct final rule amending its 
regulations in part 72 of Title 10 of the Code of Federal Regulations 
(10 CFR) to include Amendment No. 3 to CoC No. 1031, MAGNASTOR[supreg] 
System listing within the ``List of Approved Spent Fuel Storage 
Casks.'' The direct final rule was to become effective on June 3, 2013. 
The NRC also concurrently published a companion proposed rule on March 
18, 2013 (78 FR 16619).

[[Page 32078]]

    In the March 18, 2013, proposed rule, the NRC stated that if any 
significant adverse comments were received, a document that withdraws 
the direct final rule would be published in the Federal Register. As a 
result, the direct final rule would not take effect.
    The NRC received a significant adverse comment on the proposed rule 
that accompanied the direct final rule; therefore, the NRC is 
withdrawing the direct final rule. The comment was submitted by NAC 
International on April 17, 2013 (available at www.regulations.gov by 
searching on Docket ID NRC-2012-0308). NAC International's comment 
identified several corrections to the information used by the NRC to 
develop the proposed Technical Specifications. Specifically, the 
comment identified revisions to Table B2-4, Bounding PWR [Pressurized 
Water Reactor] Fuel Assembly Loading Criteria--Enrichment/Soluble Boron 
Limits, in Appendix B, Approved Contents for the MAGNASTOR[supreg] 
System, of the CoC. This table provides bounding pressurized water 
reactor fuel assembly loading criteria, in terms of enrichment limits. 
The comment also identified a typographical error in Table B2-4 which 
must be corrected in a revision to that table. The NRC considers these 
revisions to be a significant adverse comment as defined in Section I, 
Procedural Background, of the direct final rule, because these 
revisions require a change (other than editorial) to the Technical 
    As stated in the March 18, 2013, proposed rule, the NRC will 
address the comment in a subsequent final rule. The NRC will not 
initiate a second comment period on this action.

    Dated at Rockville, Maryland, this 16th day of May, 2013.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2013-12742 Filed 5-28-13; 8:45 am]