[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69659-69663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24317]



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  Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Rules 
and Regulations  

[[Page 69659]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2016-0137]
RIN 3150-AJ77


List of Approved Spent Fuel Storage Casks: NAC International 
MAGNASTOR[supreg] Cask System; Certificate of Compliance No. 1031, 
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), 
MAGNASTOR[supreg] Cask System listing within the ``List of approved 
spent fuel storage casks'' to include Amendment No. 6 to Certificate of 
Compliance (CoC) No. 1031. Amendment No. 6 revises NAC-MAGNASTOR 
technical specifications (TSs) to align with the NAC Multi-Purpose 
Canister (MPC) and NAC Universal MPC System (UMS) TSs. The CoC No. 1031 
TSs require that a program be established and maintained for loading, 
unloading, and preparing fuel for storage without any indication of 
duration for the program. Amendment No. 6 limits maintenance of this 
program until all spent fuel is removed from the spent fuel pool and 
transport operations are completed. Related training and radiation 
protection program requirements are modified accordingly. Additionally, 
Amendment No. 6 incorporates the change to Limiting Condition for 
Operation (LCO) 3.1.1 previously approved by the NRC in CoC No. 1031 
Amendment No. 4.

DATES: The direct final rule is effective December 21, 2016, unless 
significant adverse comments are received by November 7, 2016. If the 
direct final rule is withdrawn as a result of such comments, timely 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-2016-0137. 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: Keith McDaniel, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-5252 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments
II. Procedural Background
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-2016-0137 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-2016-0137.
     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-2016-0137 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://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.

[[Page 69660]]

    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. Procedural Background

    This rule is limited to the changes contained in Amendment No. 6 to 
CoC No. 1031 and does not include other aspects of the NAC 
MAGNASTOR[supreg] Cask 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 December 21, 2016. However, if the NRC receives 
significant adverse comments on this direct final rule by November 7, 
2016, 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 
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 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). 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 
November 21, 2008 (73 FR 70587), that approved the NAC 
MAGNASTOR[supreg] Cask System design and added it to the list of NRC-
approved cask designs in 10 CFR 72.214 as CoC No. 1031.

IV. Discussion of Changes

    By letter dated December 11, 2015, NAC submitted a request to the 
NRC to amend CoC No. 1031. As documented in the Preliminary Safety 
Evaluation Report (PSER) and described further below, the NRC staff 
performed a detailed safety evaluation of the proposed CoC Amendment 6 
request. This direct final rule revises the NAC MAGNASTOR[supreg] Cask 
System listing in 10 CFR 72.214 by adding Amendment No. 6 to CoC No. 
1031. The amendment consists of the changes described below, as set 
forth in the revised CoC and TSs. The revised TSs are identified in the 
PSER.
    Amendment No. 6 revises NAC-MAGNASTOR TSs to align with the NAC-MPC 
and NAC-UMS TSs. The CoC No. 1031 TSs currently require that a program 
be established and maintained for loading, unloading, and preparing 
fuel for storage without any indication of duration for the program. 
Amendment No. 6 clarifies the applicability of TS requirements 
depending on the status of operations, limiting maintenance of certain 
programs until all spent fuel is removed from the spent fuel pool and 
transport operations are completed. Additionally, Amendment No. 6 
incorporates the change to LCO 3.1.1 that was previously reviewed and 
approved by the NRC in Amendment No. 4. The NRC staff determined that 
Amendment No. 6 does not include changes to cask design requirements 
and does not reflect a change in design or fabrication of the cask. The 
NRC staff found that the TS and operating limit changes do not impact 
the casks ability to continue to safely store spent fuel in accordance 
with part 72 requirements.
    The amended NAC MAGNASTOR[supreg] Cask System 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 10 CFR 72.210 may load spent nuclear fuel 
into the NAC MAGNASTOR[supreg] Cask System casks that meet the criteria 
of Amendment No. 6 to CoC No. 1031 under 10 CFR 72.212.

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 MAGNASTOR[supreg] Cask System design listed in 10 CFR 72.214, 
``List of approved spent fuel storage casks.'' This action does not 
constitute the establishment of a standard that contains generally 
applicable requirements.

[[Page 69661]]

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, 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.

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 10 CFR 72.214 to revise the NAC 
MAGNASTOR[supreg] Cask System listing within the ``List of approved 
spent fuel storage casks'' to include Amendment No. 6 to CoC No. 1031. 
Under the National Environmental Policy Act of 1969, as amended, 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 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 made a finding of no significant impact on 
the basis of this environmental assessment.

B. The Need for the Action

    This direct final rule amends the CoC for the NAC MAGNASTOR[supreg] 
Cask 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 revises 
NAC-MAGNASTOR TSs to align with the NAC-MPC and NAC-UMS TSs. The CoC 
No. 1031 TSs require that a program be established and maintained for 
loading, unloading, and preparing fuel for storage without any 
indication of duration for the program. Amendment No. 6 limits 
maintenance of this program until all spent fuel is removed from the 
spent fuel pool and transport operations are completed. Related 
training and radiation protection program requirements are modified 
accordingly. Additionally, Amendment No. 6 incorporates the change to 
LCO 3.1.1 previously approved by the NRC in CoC No. 1031 Amendment No. 
4.

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 for the 1990 final rule. The 
environmental assessment for this Amendment No. 6 tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act.
    The NAC MAGNASTOR[supreg] Cask System is 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 incidents.
    Considering the specific design requirements for each accident 
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. This amendment does not reflect a change in design or 
fabrication of the cask. There are no changes to cask design 
requirements in the proposed CoC amendment. In addition, because there 
are no design or significant process changes, 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. 
Therefore, 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 environmental 
assessment supporting the July 18, 1990, final rule. There will be no 
significant change in the types or revisions in the 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. The NRC 
staff 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 the NAC 
MAGNASTOR[supreg] Cask System in accordance with the changes described 
in proposed Amendment No. 6 would have to request an exemption from the 
requirements of 10 CFR 72.212 and 72.214. Under this alternative, an 
interested 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. 
Therefore, the environmental impacts would be the same or less than the 
action.

E. Alternative Use of Resources

    Approval of Amendment No. 6 to CoC No. 1031 would result in no 
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 environmental assessment.

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 
environmental assessment, the NRC concludes that this direct final rule 
entitled, ``List of Approved Spent Fuel Storage Casks: NAC 
MAGNASTOR[supreg] Cask System, 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.

[[Page 69662]]

IX. Paperwork Reduction Act Statement

    This rule does not contain any information collection requirements, 
and is therefore not subject to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

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 
Office of Management and Budget control number.

X. 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).

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 10 CFR 72.214. On November 21, 2008 (73 FR 
70587), the NRC issued an amendment to 10 CFR part 72 that approved the 
NAC MAGNASTOR[supreg] Cask System design by adding it to the list of 
NRC-approved cask designs in 10 CFR 72.214.
    By letter dated December 11, 2015, NAC submitted an application to 
amend the NAC MAGNASTOR[supreg] Cask 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 the NAC MAGNASTOR[supreg] Cask System 
under the changes described in Amendment No. 6 to request an exemption 
from the requirements of 10 CFR 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 the direct final rule is consistent with previous NRC 
actions. Further, as documented in the PSER and the environmental 
assessment, the 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 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 therefore, this action is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 72.62) does 
not apply to this direct final rule. Therefore, a backfit analysis is 
not required. This direct final rule revises CoC No. 1031 for the NAC 
MAGNASTOR[supreg] Cask System, as currently listed in 10 CFR 72.214, 
``List of approved spent fuel storage casks.'' Amendment No. 6 revises 
NAC-MAGNASTOR TSs to align with the NAC-MPC and NAC-UMS TSs. The CoC 
No. 1031 TSs require that a program be established and maintained for 
loading, unloading, and preparing fuel for storage without any 
indication of duration for the program. Amendment No. 6 limits 
maintenance of this program until all spent fuel is removed from the 
spent fuel pool and transport operations are completed. Related 
training and radiation protection program requirements are modified 
accordingly. Additionally, Amendment No. 6 incorporates the change to 
LCO 3.1.1 previously approved by the NRC in CoC No. 1031 Amendment No. 
4.
    Amendment No. 6 to CoC No. 1031 for the NAC MAGNASTOR[supreg] Cask 
System was initiated by NAC 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 MAGNASTOR[supreg] 
Cask System, and Amendment Nos. 1-3, Revisions 1, as well as Revision 1 
of the Initial Certificate, and Amendments Nos. 4-5 continue 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. 1031 does not constitute backfitting under 10 CFR 72.62, 
10 CFR 50.109(a)(1), or otherwise represent an inconsistency with the 
issue finality provisions applicable to combined licenses in 10 CFR 
part 52. Accordingly, no backfit analysis or additional documentation 
addressing the issue finality criteria in 10 CFR part 52 has been 
prepared by the NRC staff.

XIII. Congressional Review Act

    The Office of Management and Budget 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 as indicated.

------------------------------------------------------------------------
                 Document                       ADAMS Accession No.
------------------------------------------------------------------------
NAC License Amendment Request, Letter      ML15349A941
 Dated December 11, 2015.
Proposed CoC No. 1031, Amendment No. 6...  ML16119A101
Proposed CoC No. 1031, Amendment No. 6--   ML16119A110
 Technical Specifications, Appendix A.
Proposed CoC No. 1031, Amendment No. 6--   ML16119A118
 Technical Specifications, Appendix B.
CoC No. 1031, Amendment No. 6--            ML16119A123
 Preliminary Safety Evaluation Report.
------------------------------------------------------------------------

    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-2016-0137. 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-2016-0137); (2) Click the ``Sign up for Email 
Alerts'' link; and (3) Enter your email address and select how

[[Page 69663]]

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 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, superseded by 
Initial Certificate, Revision 1, on February 1, 2016.
    Initial Certificate, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 1 Effective Date: August 30, 2010, superseded by 
Amendment Number 1, Revision 1, on February 1, 2016.
    Amendment Number 1, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 2 Effective Date: January 30, 2012, superseded by 
Amendment Number 2, Revision 1, on February 1, 2016.
    Amendment Number 2, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 3 Effective Date: July 25, 2013, superseded by 
Amendment Number 3, Revision 1, on February 1, 2016.
    Amendment Number 3, Revision 1, Effective Date: February 1, 2016.
    Amendment Number 4 Effective Date: April 14, 2015.
    Amendment Number 5 Effective Date: June 29, 2015.
    Amendment Number 6 Effective Date: December 21, 2016.
    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[supreg].
* * * * *

    Dated at Rockville, Maryland, this 23rd day of September, 2016.

    For the Nuclear Regulatory Commission.

Glenn M. Tracy,
Acting Executive Director for Operations.
[FR Doc. 2016-24317 Filed 10-6-16; 8:45 am]
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