81_FR_69914 81 FR 69719 - List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® Cask System; Certificate of Compliance No. 1031, Amendment No. 6

81 FR 69719 - List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® Cask System; Certificate of Compliance No. 1031, Amendment No. 6

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69719-69721
FR Document2016-24316

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend 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 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 3.1.1 previously approved by the NRC in CoC No. 1031 Amendment No. 4.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Proposed Rules]
[Pages 69719-69721]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24316]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / 
Proposed Rules

[[Page 69719]]



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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend 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 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 3.1.1 previously approved by the NRC 
in CoC No. 1031 Amendment No. 4.

DATES: Submit comments by November 7, 2016. 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: 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

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.
    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 proposed 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. Because the NRC considers this 
action noncontroversial and routine, the NRC is publishing this 
proposed rule concurrently with 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 December 21, 2016. However, 
if the NRC receives significant adverse comments on this

[[Page 69720]]

proposed rule by November 7, 2016, 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 
these 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 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. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. 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). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

V. 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 
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 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

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,

[[Page 69721]]

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. 2016-24316 Filed 10-6-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                                                                                                                                   69719

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 81, No. 195

                                                                                                                                                                  Friday, October 7, 2016



                                                    This section of the FEDERAL REGISTER                    ADDRESSES:   You may submit comments                  adams.html. To begin the search, select
                                                    contains notices to the public of the proposed          by any of the following methods:                      ‘‘ADAMS Public Documents’’ and then
                                                    issuance of rules and regulations. The                     • Federal Rulemaking Web site: Go to               select ‘‘Begin Web-based ADAMS
                                                    purpose of these notices is to give interested          http://www.regulations.gov and search                 Search.’’ For problems with ADAMS,
                                                    persons an opportunity to participate in the            for Docket ID NRC–2016–0137. Address                  please contact the NRC’s Public
                                                    rule making prior to the adoption of the final
                                                                                                            questions about NRC dockets to Carol                  Document Room (PDR) reference staff at
                                                    rules.
                                                                                                            Gallagher; telephone: 301–415–3463;                   1–800–397–4209, 301–415–4737, or by
                                                                                                            email: Carol.Gallagher@nrc.gov. For                   email to pdr.resource@nrc.gov. For the
                                                    NUCLEAR REGULATORY                                      technical questions contact the                       convenience of the reader, instructions
                                                    COMMISSION                                              individual listed in the FOR FURTHER                  about obtaining materials referenced in
                                                                                                            INFORMATION CONTACT section of this                   this document are provided in the
                                                    10 CFR Part 72                                          document.                                             ‘‘Availability of Documents’’ section.
                                                                                                               • Email comments to:                                  • NRC’s PDR: You may examine and
                                                    [NRC–2016–0137]                                         Rulemaking.Comments@nrc.gov. If you                   purchase copies of public documents at
                                                                                                            do not receive an automatic email reply               the NRC’s PDR, Room O1–F21, One
                                                    RIN 3150–AJ77                                           confirming receipt, then contact us at                White Flint North, 11555 Rockville
                                                                                                            301–415–1677.                                         Pike, Rockville, Maryland 20852.
                                                    List of Approved Spent Fuel Storage
                                                                                                               • Fax comments to: Secretary, U.S.
                                                    Casks: NAC International                                                                                      B. Submitting Comments
                                                                                                            Nuclear Regulatory Commission at 301–
                                                    MAGNASTOR® Cask System;                                                                                         Please include Docket ID NRC–2016–
                                                                                                            415–1101.
                                                    Certificate of Compliance No. 1031,                        • Mail comments to: Secretary, U.S.                0137 in your comment submission. The
                                                    Amendment No. 6                                         Nuclear Regulatory Commission,                        NRC cautions you not to include
                                                    AGENCY:  Nuclear Regulatory                             Washington, DC 20555–0001, ATTN:                      identifying or contact information that
                                                    Commission.                                             Rulemakings and Adjudications Staff.                  you do not want to be publicly
                                                                                                               • Hand deliver comments to: 11555                  disclosed in your comment submission.
                                                    ACTION: Proposed rule.
                                                                                                            Rockville Pike, Rockville, Maryland                   The NRC will post all comment
                                                    SUMMARY:   The U.S. Nuclear Regulatory                  20852, between 7:30 a.m. and 4:15 p.m.                submissions at http://
                                                    Commission (NRC) is proposing to                        (Eastern Time) Federal workdays;                      www.regulations.gov as well as enter the
                                                    amend its spent fuel storage regulations                telephone: 301–415–1677.                              comment submissions into ADAMS.
                                                    by revising the NAC International                          For additional direction on obtaining              The NRC does not routinely edit
                                                    (NAC), MAGNASTOR® Cask System                           information and submitting comments,                  comment submissions to remove
                                                    listing within the ‘‘List of approved                   see ‘‘Obtaining Information and                       identifying or contact information.
                                                    spent fuel storage casks’’ to include                   Submitting Comments’’ in the                            If you are requesting or aggregating
                                                    Amendment No. 6 to Certificate of                       SUPPLEMENTARY INFORMATION section of                  comments from other persons for
                                                                                                            this document.                                        submission to the NRC, then you should
                                                    Compliance (CoC) No. 1031.
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      inform those persons not to include
                                                    Amendment No. 6 revises NAC–
                                                                                                            Keith McDaniel, Office of Nuclear                     identifying or contact information that
                                                    MAGNASTOR technical specifications
                                                                                                            Material Safety and Safeguards, U.S.                  they do not want to be publicly
                                                    (TSs) to align with the NAC Multi-
                                                                                                            Nuclear Regulatory Commission,                        disclosed in their comment submission.
                                                    Purpose Canister (MPC) and NAC
                                                                                                            Washington, DC 20555–0001; telephone:                 Your request should state that the NRC
                                                    Universal MPC System TSs. The CoC
                                                                                                            301–415–5252 or email:                                does not routinely edit comment
                                                    No. 1031 TSs require that a program be
                                                                                                            Keith.McDaniel@nrc.gov.                               submissions to remove such information
                                                    established and maintained for loading,
                                                                                                                                                                  before making the comment
                                                    unloading, and preparing fuel for                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  submissions available to the public or
                                                    storage without any indication of                                                                             entering the comment into ADAMS.
                                                                                                            I. Obtaining Information and
                                                    duration for the program. Amendment
                                                                                                            Submitting Comments                                   II. Procedural Background
                                                    No. 6 limits maintenance of this
                                                    program until all spent fuel is removed                 A. Obtaining Information                                 This proposed rule is limited to the
                                                    from the spent fuel pool and transport                    Please refer to Docket ID NRC–2016–                 changes contained in Amendment No. 6
                                                    operations are completed. Related                       0137 when contacting the NRC about                    to CoC No. 1031 and does not include
                                                    training and radiation protection                       the availability of information for this              other aspects of the NAC
                                                    program requirements are modified                       action. You may obtain publicly-                      MAGNASTOR® Cask System design.
                                                    accordingly. Additionally, Amendment                    available information related to this                 Because the NRC considers this action
                                                    No. 6 incorporates the change to                        action by any of the following methods:               noncontroversial and routine, the NRC
                                                    Limiting Condition for Operation 3.1.1                    • Federal Rulemaking Web site: Go to                is publishing this proposed rule
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    previously approved by the NRC in CoC                   http://www.regulations.gov and search                 concurrently with a direct final rule in
                                                    No. 1031 Amendment No. 4.                               for Docket ID NRC–2016–0137.                          the Rules and Regulations section of this
                                                    DATES: Submit comments by November                        • NRC’s Agencywide Documents                        issue of the Federal Register. Adequate
                                                    7, 2016. Comments received after this                   Access and Management System                          protection of public health and safety
                                                    date will be considered if it is practical              (ADAMS): You may obtain publicly-                     continues to be ensured. The direct final
                                                    to do so, but the NRC staff is able to                  available documents online in the                     rule will become effective on December
                                                    ensure consideration only for comments                  ADAMS Public Documents collection at                  21, 2016. However, if the NRC receives
                                                    received on or before this date.                        http://www.nrc.gov/reading-rm/                        significant adverse comments on this


                                               VerDate Sep<11>2014   16:37 Oct 06, 2016   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\07OCP1.SGM   07OCP1


                                                    69720                         Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules

                                                    proposed rule by November 7, 2016,                                ineffective or unacceptable without                               new subpart K in part 72 of title 10 of
                                                    then the NRC will publish a document                              incorporation of the change or addition.                          the Code of Federal Regulations (10
                                                    that withdraws the direct final rule. If                            (3) The comment causes the NRC staff                            CFR) entitled, ‘‘General License for
                                                    the direct final rule is withdrawn, the                           to make a change (other than editorial)                           Storage of Spent Fuel at Power Reactor
                                                    NRC will address the comments                                     to the rule, CoC, or TSs.                                         Sites’’ (55 FR 29181; July 18, 1990). This
                                                    received in response to these proposed                              For additional procedural information                           rule also established a new subpart L in
                                                    revisions in a subsequent final rule.                             and the regulatory analysis, see the                              10 CFR part 72 entitled, ‘‘Approval of
                                                    Absent significant modifications to the                           direct final rule published in the Rules                          Spent Fuel Storage Casks,’’ which
                                                    proposed revisions requiring                                      and Regulations section of this issue of                          contains procedures and criteria for
                                                    republication, the NRC will not initiate                          the Federal Register.                                             obtaining NRC approval of spent fuel
                                                    a second comment period on this action                            III. Background                                                   storage cask designs. The NRC
                                                    in the event the direct final rule is                                                                                               subsequently issued a final rule on
                                                    withdrawn.                                                           Section 218(a) of the Nuclear Waste                            November 21, 2008 (73 FR 70587), that
                                                                                                                      Policy Act (NWPA) of 1982, as                                     approved the NAC MAGNASTOR® Cask
                                                       A significant adverse comment is a
                                                                                                                      amended, requires that ‘‘the Secretary
                                                    comment where the commenter                                                                                                         System design and added it to the list
                                                                                                                      [of the Department of Energy] shall
                                                    explains why the rule would be                                                                                                      of NRC-approved cask designs in 10
                                                                                                                      establish a demonstration program, in
                                                    inappropriate, including challenges to                                                                                              CFR 72.214 as CoC No. 1031.
                                                                                                                      cooperation with the private sector, for
                                                    the rule’s underlying premise or
                                                                                                                      the dry storage of spent nuclear fuel at                          IV. Plain Writing
                                                    approach, or would be ineffective or                              civilian nuclear power reactor sites,
                                                    unacceptable without a change. A                                  with the objective of establishing one or                           The Plain Writing Act of 2010 (Pub.
                                                    comment is adverse and significant if:                            more technologies that the [Nuclear                               L. 111–274) requires Federal agencies to
                                                       (1) The comment opposes the rule and                           Regulatory] Commission may, by rule,                              write documents in a clear, concise,
                                                    provides a reason sufficient to require a                         approve for use at the sites of civilian                          well-organized manner that also follows
                                                    substantive response in a notice-and-                             nuclear power reactors without, to the                            other best practices appropriate to the
                                                    comment process. For example, a                                   maximum extent practicable, the need                              subject or field and the intended
                                                    substantive response is required when:                            for additional site-specific approvals by                         audience. The NRC has written this
                                                       (a) The comment causes the NRC staff                           the Commission.’’ Section 133 of the                              document to be consistent with the
                                                    to reevaluate (or reconsider) its position                        NWPA states, in part, that ‘‘[the                                 Plain Writing Act as well as the
                                                    or conduct additional analysis;                                   Commission] shall, by rule, establish                             Presidential Memorandum, ‘‘Plain
                                                       (b) The comment raises an issue                                procedures for the licensing of any                               Language in Government Writing,’’
                                                    serious enough to warrant a substantive                           technology approved by the                                        published June 10, 1998 (63 FR 31883).
                                                    response to clarify or complete the                               Commission under Section 219(a) [sic:                             The NRC requests comment on the
                                                    record; or                                                        218(a)] for use at the site of any civilian                       proposed rule with respect to clarity
                                                       (c) The comment raises a relevant                              nuclear power reactor.’’                                          and effectiveness of the language used.
                                                    issue that was not previously addressed                              To implement this mandate, the                                 V. Availability of Documents
                                                    or considered by the NRC staff.                                   Commission approved dry storage of
                                                       (2) The comment proposes a change                              spent nuclear fuel in NRC-approved                                  The documents identified in the
                                                    or an addition to the rule, and it is                             casks under a general license by                                  following table are available to
                                                    apparent that the rule would be                                   publishing a final rule which added a                             interested persons as indicated.



                                                                                                                                                                                                                                    ADAMS
                                                                                                                                  Document                                                                                       Accession No.

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



                                                       The NRC may post materials related                             List of Subjects in 10 CFR Part 72                                Act of 1982, as amended; and 5 U.S.C.
                                                    to this document, including public                                                                                                  552 and 553; the NRC is proposing to
                                                                                                                         Administrative practice and
                                                    comments, on the Federal rulemaking                                                                                                 adopt the following amendments to 10
                                                                                                                      procedure, Criminal penalties,
                                                    Web site at http://www.regulations.gov                                                                                              CFR part 72:
                                                                                                                      Hazardous waste, Indians,
                                                    under Docket ID NRC–2016–0137. The                                Intergovernmental relations, Manpower
                                                    Federal rulemaking Web site allows you                                                                                              PART 72—LICENSING
                                                                                                                      training programs, Nuclear energy,                                REQUIREMENTS FOR THE
                                                    to receive alerts when changes or                                 Nuclear materials, Occupational safety                            INDEPENDENT STORAGE OF SPENT
                                                    additions occur in a docket folder. To                            and health, Penalties, Radiation                                  NUCLEAR FUEL, HIGH-LEVEL
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                                                    subscribe: (1) Navigate to the docket                             protection, Reporting and recordkeeping                           RADIOACTIVE WASTE, AND
                                                    folder (NRC–2016–0137); (2) click the                             requirements, Security measures, Spent                            REACTOR-RELATED GREATER THAN
                                                    ‘‘Sign up for Email Alerts’’ link; and (3)                        fuel, Whistleblowing.                                             CLASS C WASTE
                                                    enter your email address and select how                              For the reasons set out in the
                                                    frequently you would like to receive                              preamble and under the authority of the                           ■ 1. The authority citation for part 72
                                                    emails (daily, weekly, or monthly).                               Atomic Energy Act of 1954, as amended;                            continues to read as follows:
                                                                                                                      the Energy Reorganization Act of 1974,                              Authority: Atomic Energy Act of 1954,
                                                                                                                      as amended; the Nuclear Waste Policy                              secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,



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                                                                             Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Proposed Rules                                          69721

                                                    183, 184, 186, 187, 189, 223, 234, 274 (42              FEDERAL ELECTION COMMISSION                           Democratic-Farmer-Labor Party and its
                                                    U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,                                                                    Chair, Ken Martin, requesting that the
                                                    2099, 2111, 2201, 2210e, 2232, 2233, 2234,              11 CFR Parts 100, 106, and 109                        Commission amend several regulations
                                                    2236, 2237, 2238, 2273, 2282, 2021); Energy                                                                   applicable to political parties.
                                                    Reorganization Act of 1974, secs. 201, 202,             [Notice 2016–11]
                                                                                                                                                                     First, the Federal Election Campaign
                                                    206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
                                                    National Environmental Policy Act of 1969               Rulemaking Petition: Political Party                  Act, 52 U.S.C. 30101–46 (the ‘‘Act’’), as
                                                    (42 U.S.C. 4332); Nuclear Waste Policy Act              Rules                                                 amended by the Bipartisan Campaign
                                                    of 1982, secs. 117(a), 132, 133, 134, 135, 137,                                                               Reform Act (‘‘BCRA’’), and Commission
                                                    141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),           AGENCY:  Federal Election Commission.                 regulations provide that a state, district,
                                                    10152, 10153, 10154, 10155, 10157, 10161,               ACTION: Rulemaking Petition: Notice of                or local committee of a political party
                                                    10165(g), 10168, 10198(a)); 44 U.S.C. 3504              availability.                                         must pay for ‘‘Federal election activity’’
                                                    note.                                                                                                         with either entirely federal funds or, in
                                                    ■ 2. In § 72.214, Certificate of                        SUMMARY:    On June 15, 2016, the Federal             other instances, a mix of federal funds
                                                    Compliance 1031 is revised to read as                   Election Commission received a Petition               and ‘‘Levin funds.’’ See 52 U.S.C.
                                                    follows:                                                for Rulemaking asking the Commission                  30125(b); 11 CFR 300.32. Under
                                                                                                            to revise existing rules regarding the use            Commission regulations, ‘‘Federal
                                                    § 72.214 List of approved spent fuel                    of federal funds to pay for certain                   election activity’’ includes certain
                                                    storage casks.                                          activities of state, district, or local               activities that urge, encourage, or assist
                                                    *      *     *     *     *                              committees of a political party. The                  people to register to vote or to vote. See
                                                       Certificate Number: 1031.                            Commission seeks comments on this                     11 CFR 100.24; Definition of Federal
                                                       Initial Certificate Effective Date:                  petition.                                             Election Activity, 75 FR 55257, 55260
                                                    February 4, 2009, superseded by Initial                 DATES: Comments must be submitted on                  (Sept. 10, 2010). The petitioners request
                                                    Certificate, Revision 1, on February 1,                 or before January 30, 2017.                           that the Commission narrow this
                                                    2016.                                                   ADDRESSES: All comments must be in                    definition.
                                                       Initial Certificate, Revision 1, Effective           writing. Commenters are encouraged to                    Second, Commission regulations
                                                    Date: February 1, 2016.                                 submit comments electronically via the                provide that political parties must use a
                                                       Amendment Number 1 Effective Date:                   Commission’s Web site at http://                      federal account to pay the salary, wages,
                                                    August 30, 2010, superseded by                          www.fec.gov/fosers, reference REG                     and fringe benefits of an employee who
                                                    Amendment Number 1, Revision 1, on                      2016–03, or by email to                               spends more than 25 percent of that
                                                    February 1, 2016.                                       PoliticalPartyRules@fec.gov.                          individual’s time on ‘‘Federal election
                                                                                                            Alternatively, commenters may submit                  activities’’ or on conduct ‘‘in connection
                                                       Amendment Number 1, Revision 1,
                                                                                                            comments in paper form, addressed to                  with a Federal election.’’ See 11 CFR
                                                    Effective Date: February 1, 2016.
                                                                                                            the Federal Election Commission, Attn.:               106.7(d)(1)(i)–(ii). The petitioners ask
                                                       Amendment Number 2 Effective Date:                                                                         the Commission to amend this rule to
                                                    January 30, 2012, superseded by                         Mr. Neven F. Stipanovic, Acting
                                                                                                            Assistant General Counsel, 999 E Street               omit ‘‘Federal election activities’’ from
                                                    Amendment Number 2, Revision 1, on                                                                            the calculation, covering only activities
                                                    February 1, 2016.                                       NW., Washington, DC 20463.
                                                                                                              Each commenter must provide, at a                   ‘‘in connection with a Federal election.’’
                                                       Amendment Number 2, Revision 1,                                                                               Finally, the petitioners ask the
                                                    Effective Date: February 1, 2016.                       minimum, his or her first name, last
                                                                                                                                                                  Commission to consider additional
                                                                                                            name, city, state, and zip code. All
                                                       Amendment Number 3 Effective Date:                                                                         regulatory modifications listed in
                                                                                                            properly submitted comments,
                                                    July 25, 2013, superseded by                                                                                  Commission Agenda Document No. 15–
                                                                                                            including attachments, will become part
                                                    Amendment Number 3, Revision 1, on                                                                            54–A, a proposed resolution that
                                                                                                            of the public record, and the
                                                    February 1, 2016.                                                                                             recommended amending several rules to
                                                                                                            Commission will make comments
                                                       Amendment Number 3, Revision 1,                                                                            (1) allow political parties ‘‘to discuss
                                                                                                            available for public viewing on the                   issue advertisements with candidates,’’
                                                    Effective Date: February 1, 2016.                       Commission’s Web site and in the
                                                       Amendment Number 4 Effective Date:                                                                         ‘‘republish parts of candidate materials
                                                                                                            Commission’s Public Records room.                     in party materials,’’ and ‘‘distribute
                                                    April 14, 2015.                                         Accordingly, commenters should not
                                                       Amendment Number 5 Effective Date:                                                                         volunteer campaign materials without
                                                                                                            provide in their comments any                         triggering coordination limits,’’ see 11
                                                    June 29, 2015.                                          information that they do not wish to                  CFR 109.37; (2) ‘‘[e]xpand political
                                                       Amendment Number 6 Effective Date:                   make public, such as a home street                    party freedom to engage in volunteer
                                                    December 21, 2016.                                      address, personal email address, date of              activities such as volunteer mail drives,
                                                       SAR Submitted by: NAC                                birth, phone number, social security                  phone banks, and literature
                                                    International, Inc.                                     number, or driver’s license number, or                distribution,’’ see id. 100.87, 100.147;
                                                       SAR Title: Final Safety Analysis                     any information that is restricted from               and (3) modify the definition of
                                                    Report for the MAGNASTOR® System.                       disclosure, such as trade secrets or                  ‘‘Federal election activity’’ to permit
                                                       Docket Number: 72–1031.                              commercial or financial information                   ‘‘political parties to register voters and
                                                       Certificate Expiration Date: February                that is privileged or confidential.                   urge citizens to vote on behalf of state
                                                    4, 2029.                                                FOR FURTHER INFORMATION CONTACT: Mr.                  and local candidates free from FEC
                                                       Model Number: MAGNASTOR®.                            Neven F. Stipanovic, Acting Assistant                 regulation’’ and to ‘‘employ people to
                                                                                                            General Counsel, or Mr. Joseph P.                     engage in state and local get-out-the-
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                                                    *      *     *     *     *
                                                                                                            Wenzinger, Attorney, Office of General                vote activities with state funds,’’ see id.
                                                      Dated at Rockville, Maryland, this 23rd day           Counsel, 999 E Street NW., Washington,
                                                    of September, 2016.
                                                                                                                                                                  100.24.
                                                                                                            DC 20463, (202) 694–1650 or (800) 424–                   The Commission seeks comments on
                                                      For the Nuclear Regulatory Commission.                9530.                                                 the petition. The public may inspect the
                                                    Glenn M. Tracy,                                         SUPPLEMENTARY INFORMATION: On June                    Petition for Rulemaking on the
                                                    Acting Executive Director for Operations.               15, 2016, the Federal Election                        Commission’s Web site at http://
                                                    [FR Doc. 2016–24316 Filed 10–6–16; 8:45 am]             Commission received a Petition for                    www.fec.gov/fosers, or in the
                                                    BILLING CODE 7590–01–P                                  Rulemaking from the Minnesota                         Commission’s Public Records Office,


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Document Created: 2018-02-13 16:32:13
Document Modified: 2018-02-13 16:32:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments by November 7, 2016. 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.
ContactKeith 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]
FR Citation81 FR 69719 
RIN Number3150-AJ77
CFR AssociatedAdministrative 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 and Whistleblowing

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