[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Proposed Rules]
[Pages 70374-70376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29338]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

RIN 3150-AI91
[NRC-2011-0008]


List of Approved Spent Fuel Storage Casks: MAGNASTOR[supreg] 
System, Revision 2

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is proposing to amend its spent fuel storage cask regulations by 
revising the

[[Page 70375]]

NAC International, Inc. (NAC) MAGNASTOR[supreg] System listing within 
the ``List of Approved Spent Fuel Storage Casks'' to include Amendment 
No. 2 to Certificate of Compliance (CoC) Number 1031. Amendment No. 2 
will revise: Technical Specification (TS) 3.3.2 to reduce the 
transportable storage canister removable surface contamination limits; 
TS 4.1.1 to add various boron-10 areal densities for use with 
Pressurized Water Reactor and Boiling Water Reactor baskets and to 
replace the fuel tube orthogonal pitch with the minimum fuel tube outer 
diagonal dimension; Table 2.1-2, ``ASME Code Alternatives for 
MAGNASTOR[supreg] components,'' of the Final Safety Analysis Report to 
correct the code reference; and Appendices A and B of the TSs to make 
editorial corrections.

DATES: Submit comments by December 14, 2011. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
staff is able to ensure consideration only for comments received on or 
before this date.

ADDRESSES: Please include Docket ID NRC-2011-0008 in the subject line 
of your comments. For instructions on submitting comments and accessing 
documents related to this action, see Section I, ``Submitting Comments 
and Accessing Information'' in the SUPPLEMENTARY INFORMATION section of 
this document. You may submit comments by any one of the following 
methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0008. Address questions about NRC dockets to Carol Gallagher, 
telephone: (301) 492-3668, email: [email protected].
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff.
     Email comments to: [email protected]. If you do 
not receive a reply email confirming that we have received your 
comments, contact us directly at (301) 415-1977.
     Hand-deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. EST Federal workdays 
(telephone: (301) 415-1977).
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at (301) 415-1101.

FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-
6445, email: [email protected].

SUPPLEMENTARY INFORMATION:

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site, http://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You can access publicly available documents related to this 
document using the following methods:
     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 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library 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-
(800) 397-4209, (301) 415-4737, or by email to [email protected].
     Federal rulemaking Web site: Public comments and 
supporting materials related to this proposed rule can be found at 
http://www.regulations.gov by searching on Docket ID NRC-2011-0008.
    For additional information, see the direct final rule published in 
the Rules and Regulations section of this issue of the Federal 
Register.

Procedural Background

    This rule is limited to the changes contained in Amendment No. 2 to 
CoC No. 1031 and does not include other aspects of the 
MAGNASTOR[supreg] System. Because the NRC considers this action 
noncontroversial and routine, the NRC is publishing this proposed rule 
concurrently as a direct final rule in the Rules and Regulations 
section of this issue of the Federal Register. Adequate protection of 
public health and safety continues to be ensured. The direct final rule 
will become effective on January 30, 2012. However, if the NRC receives 
significant adverse comments on the direct final rule by December 14, 
2011, then the NRC will publish a document that withdraws the direct 
final rule. If the direct final rule is withdrawn, the NRC will address 
the comments received in response to the proposed revisions in a 
subsequent final rule. Absent significant modifications to the proposed 
revisions requiring republication, the NRC will not initiate a second 
comment period on this action in the event the direct final rule is 
withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule, CoC, or TSs.
    For additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this Federal Register.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping

[[Page 70376]]

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. 553; the NRC is proposing to adopt the following 
amendments to 10 CFR part 72.

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

    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); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 549 
(2005).
    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).

    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.
    Amendment Number 2 Effective Date: January 30, 2012.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the MAGNASTOR [supreg] 
System.
    Docket Number: 72-1031.
    Certificate Expiration Date: February 4, 2029.
    Model Number: MAGNASTOR.
* * * * *

    Dated at Rockville, Maryland, this 27th day of October, 2011.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Acting Executive Director for Operations.
[FR Doc. 2011-29338 Filed 11-10-11; 8:45 am]
BILLING CODE 7590-01-P