[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Rules and Regulations]
[Pages 25931-25935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11680]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Rules 
and Regulations  

[[Page 25931]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2017-0008]
RIN 3150-AJ89


List of Approved Spent Fuel Storage Casks: NAC International 
MAGNASTOR[supreg] Cask System; Certificate of Compliance No. 1031, 
Amendment No. 7

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 
or the applicant), MAGNASTOR[supreg] Cask System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
7 to Certificate of Compliance (CoC) No. 1031. Amendment No. 7 provides 
a new Passive MAGNASTOR[supreg] Transfer Cask (PMTC) and associated 
Technical Specification (TS) changes in Appendices A and B, and updates 
Section 4.3.1(i) in Appendix A of the TSs to include revised seismic 
requirements. Clarifying (non-technical) changes were also made to 
Appendices A and B.

DATES: This direct final rule is effective August 21, 2017, unless 
significant adverse comments are received by July 6, 2017. 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direct final rule is withdrawn as a result of such comments, timely 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 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 Rule 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-2017-0008. 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; email: 
[email protected].

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-2017-0008 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-2017-0008.
     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-2017-0008 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.
    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

[[Page 25932]]

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 rule is limited to the changes contained in Amendment No. 7 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 August 21, 2017. However, if the NRC receives significant 
adverse comments on this direct final rule by July 6, 2017, 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 August 7, 2015, as supplemented on April 15, 2016, 
August 15, 2016, and September 7, 2016, NAC submitted a request to the 
NRC to amend CoC No. 1031. As documented in the Preliminary Safety 
Evaluation Report (PSER) for the NAC MAGNASTOR[supreg] Cask System, CoC 
No. 1031, and described in this direct final rule, the NRC staff 
performed a detailed safety evaluation of the proposed CoC Amendment 
No. 7 request. The NRC staff determined that Amendment No. 7 does not 
change the cask design requirements and it does not change the design 
or fabrication of the cask. The NRC staff found that the TS changes do 
not impact the casks ability to continue to safely store spent fuel in 
accordance with 10 CFR part 72 requirements.
    This direct final rule revises the NAC MAGNASTOR[supreg] Cask 
System listing in 10 CFR 72.214 by adding Amendment No. 7 to CoC No. 
1031. The amendment consists of the changes described in this section, 
as set forth in the revised CoC and TSs. The revised TSs are identified 
in the PSER.
    Amendment No. 7 provides a new PMTC and associated TS changes in 
Appendices A and B. Clarifying (non-technical) changes were also made 
to Appendices A and B. The PMTC is a special lifting device that is 
used to hold the Transportable Storage Container (TSC) during onsite 
loading operations, transfer operations, and unloading operations. It 
is designed for use in high ambient temperatures and has a large gap 
between the loaded TSC and the cask inner shell to allow passive 
convective airflow to provide cooling equivalent to that provided by 
the concrete cask. The PMTC has two lifting trunnions, two sliding 
doors supported by rails that are welded to the bottom of the cask to 
allow TSC transfer, and a retaining ring bolted to the top of the cask 
to prevent an inadvertent lift of the TSC out of the PMTC.
    The NRC staff reviewed the structural design features and design 
criteria, together with an evaluation of the applicant's analysis, to 
determine the structural adequacy of the PMTC. The NRC staff evaluated 
aspects of the dry storage system design and analysis related to 
structural performance under normal and off-normal operations, accident 
conditions, and natural phenomena events. Based on its review, as 
documented in the PSER, the NRC staff has reasonable assurance that the 
structural design of the PMTC is in compliance with 10 CFR part 72.
    The NRC staff also performed a thermal review to ensure that the 
MAGNASTOR[supreg] Cask System components and fuel material temperatures 
will remain within the allowable values for normal conditions, and off-
normal and accident events. The review of Amendment No. 7 focused on 
the thermal analysis of a new transfer cask design. This evaluation 
included confirmation that the temperatures of the fuel cladding will 
be within acceptable limits throughout the transfer and storage periods 
to protect the cladding against degradation, which could lead to gross 
rupture. The NRC staff concluded that the thermal design of the 
MAGNASTOR[supreg] Cask System, including the PMTC, is in compliance 
with 10 CFR part 72.
    The NRC staff also reviewed the applicant's shielding analysis and 
dose

[[Page 25933]]

rate calculations, and determined that the approaches and methodologies 
used in these calculations, and the results, are acceptable for the 
PMTC design.
    The structure, thermal, and shielding findings were reached on the 
basis of a review that considered the regulation itself, appropriate 
regulatory guides, applicable codes and standards, accepted engineering 
practices, and the statements and representations in the application.
    Additionally, Amendment No. 7 updates Section 4.3.1(i) in Appendix 
A of the TSs to include revised seismic requirements for the 
MAGNASTOR[supreg] Cask System. The revised TS Section 4.3.1(i) states 
that ``The maximum design basis earthquake acceleration of 0.37g in the 
horizontal direction (without cask sliding) and 0.25g in the vertical 
direction at the Independent Spent Fuel Storage Installation (ISFSI) 
pad top surface do not result in cask tip-over.'' The NRC staff 
determined that the revised TS continues to allow the use of the 
MAGNASTOR[supreg] Cask System at a location where the site earthquake 
parameters are up to and greater than 0.37g in the horizontal direction 
and 0.25g in the vertical direction at the ISFSI pad top surface. 
Furthermore, the revised TS continues to require the user to 
demonstrate that no tip-over will result from an earthquake. The NRC 
staff concluded that the revision is acceptable and clarifies the 
provision under which the MAGNASTOR[supreg] Cask System may be 
reasonably implemented by general licensees given the specific 
earthquake acceleration parameters.
    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. 7 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.

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. 7 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 direct final 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. 7 provides a 
new PMTC and associated TS changes in Appendices A and B, and updates 
Section 4.3.1(i) in Appendix A of the TSs to include revised seismic 
requirements. Clarifying (non-technical) changes were also made to 
Appendices A and B.

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. 7 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 ISFSI, 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 NAC MAGNASTOR[supreg] Cask System 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 significant change in design or fabrication of the cask. 
There are no significant changes to cask design requirements in the 
proposed CoC amendment. In addition, any resulting occupational 
exposure or offsite dose rates from the implementation of

[[Page 25934]]

Amendment No. 7 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 significantly differ 
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 significant 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 the PSER.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
7 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. 7 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. 7 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 
International, MAGNASTOR[supreg] Cask System, Certificate of Compliance 
No. 1031, Amendment No. 7,'' 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 collection of information unless the document requesting 
or requiring the collection 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 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 August 7, 2015, as supplemented on April 15, 2016, 
August 15, 2016, and September 7, 2016, NAC submitted an application to 
amend the NAC MAGNASTOR[supreg] Cask System. This request is described 
in Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 7 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. 7 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 this direct final rule is consistent with previous NRC 
actions. Further, as documented in the PSER and the environmental 
assessment, 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 backfit rule (10 CFR 72.62) does 
not apply to this direct final rule and 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. 7 
provides a new PMTC and associated TS changes in Appendices A and B, 
and updates Section 4.3.1(i) in Appendix A of the TSs to include 
revised seismic requirements. Clarifying (non-technical) changes were 
also made to Appendices A and B.
    Amendment No. 7 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. 7 
applies only to new casks fabricated and used under Amendment No. 7. 
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. 4-6 continue to be 
effective for existing users. While current CoC users may comply with 
the new requirements in Amendment No. 7, this would be a voluntary 
decision on the part of current users. For these reasons, Amendment No. 
7 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

[[Page 25935]]

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 OMB 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.
----------------------------------------------------------------------------------------------------------------
Request to Amend U.S. NRC Certificate of Compliance No.      ML15225A468.
 1031 for NAC International MAGNASTOR Cask System, Letter
 Dated August 7, 2015.
NAC International, Submittal of Responses to NRC's Request   ML16112A029 (Package).
 for Additional Information to Amend the U.S. NRC CoC No.
 1031 Related to the MAGNASTOR[supreg] Cask System,
 Amendment No. 7 Request, Letter Dated April 15, 2016.
Responses to NRC Request for Additional Information No. 2    ML16230A543 (Package).
 Related to the MAGNASTOR[supreg] Cask System, Amendment
 No. 7 Request, CoC No. 1031, Letter Dated August 15, 2016.
NAC International Supplement to Submission of Responses to   ML16253A005.
 NRC Request for Additional Information No. 2 Related to
 the MAGNASTOR[supreg] Cask System, Amendment No. 7
 Request, CoC No. 1031, Letter Dated September 7, 2016.
NAC International MAGNASTOR Storage System, Proposed CoC,    ML16295A243.
 Certificate of Compliance No. 1031, Amendment No. 7.
NAC International MAGNASTOR Storage System, Proposed Tech    ML16295A248.
 Specs, Appendix A, Amendment No. 7.
NAC International MAGNASTOR Storage System, Proposed Tech    ML16295A252.
 Specs, Appendix B, Amendment No. 7.
NAC International MAGNASTOR Storage System, Proposed         ML16295A258.
 Preliminary Safety Evaluation Report, Amendment No. 7.
----------------------------------------------------------------------------------------------------------------

    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-2017-0008. 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-2017-0008); (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, 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.
    Amendment Number 7 Effective Date: August 21, 2017.
    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 24th day of May, 2017.

    For the Nuclear Regulatory Commission.

Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017-11680 Filed 6-5-17; 8:45 am]
 BILLING CODE 7590-01-P