List of Approved Spent Fuel Storage Casks: NAC International, Inc., MAGNASTOR® Storage System, Certificate of Compliance No. 1031, Amendment No. 15, 13047-13052 [2025-04651]
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13047
Rules and Regulations
Federal Register
Vol. 90, No. 53
Thursday, March 20, 2025
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2024–0216]
RIN 3150–AL25
List of Approved Spent Fuel Storage
Casks: NAC International, Inc.,
MAGNASTOR® Storage System,
Certificate of Compliance No. 1031,
Amendment No. 15
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the NAC International, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 15 to Certificate of Compliance No.
1031. Amendment No. 15 revises the
certificate of compliance to add a new
variation of the Lightweight
MAGNASTOR® Transfer Cask design,
add a new concrete cask design,
increase the maximum system head load
capacity, add new loading patterns, add
a thermal shunt for short loading
patterns, remove the 5 percent burnup
penalty, increase Passive
MAGNASTOR® Transfer Cask heat load,
add two new pressurized-water reactor
fuel types to support future operations,
modify the transportable storage
canister lid to allow additional
clearance near the top center of the
basket, and correct and clarify principal
design criteria, operating procedures,
and the acceptance criteria and
maintenance program.
This amendment also makes
corresponding revisions to previously
approved drawings for the concrete
cask, Technical Specifications
Appendix A and Appendix B, specific
chapters of the final safety analysis
report, and several license drawings.
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Submit your comments,
identified by Docket ID NRC–2024–
0216, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
You can read a plain language
description of this direct final rule at
https://www.regulations.gov/docket/
NRC-2024-0216. 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:
Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301–
415–1951, email: Irene.Wu@nrc.gov and
Donald Habib, telephone: 301–415–
1035, email: Donald.Habib@nrc.gov.
Both are staff of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
AGENCY:
SUMMARY:
This direct final rule is effective
June 3, 2025, unless significant adverse
comments are received by April 21,
2025. 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 NRC is able
to ensure consideration only for
comments received on or before this
date. Comments received on this direct
final rule also will be considered to be
comments on a companion proposed
rule published in the Proposed Rules
section of this issue of the Federal
Register.
DATES:
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 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
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2024–
0216 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2024–0216. Address
questions about NRC dockets to Helen
Chang, telephone: 301–415–3228, email:
Helen.Chang@nrc.gov. For technical
questions contact the individuals listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, 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
PDR.Resource@nrc.gov. 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: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2024–0216 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 https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
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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. Rulemaking Procedure
This rule is limited to the changes
contained in Amendment No. 15 to
Certificate of Compliance No. 1031 and
does not include other aspects of the
NAC International, Inc. MAGNASTOR®
Storage System design. The NRC is
using the ‘‘direct final rule procedure’’
for this rule because it represents a
limited and routine change to an
existing certificate of compliance that is
expected to be non-controversial.
Adequate protection of public health
and safety continues to be reasonably
assured. The amendment to the rule will
become effective on June 3, 2025.
However, if the NRC receives any
significant adverse comment by April
21, 2025, 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 Rules
section of this issue of the Federal
Register or as otherwise appropriate. In
general, 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-andcomment process. For example, a
substantive response is required when:
(a) The comment causes the NRC 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.
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(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 to
make a change (other than editorial) to
the rule, certificate of compliance, or
technical specifications.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act of 1982, as amended,
requires that ‘‘[t]he 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
Nuclear Waste Policy Act states, in part,
that ‘‘[t]he 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 that 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
International, Inc. MAGNASTOR®
Storage System design and added it to
the list of NRC-approved cask designs in
§ 72.214, ‘‘List of approved spent fuel
storage casks,’’ as Certificate of
Compliance No. 1031.
IV. Discussion of Changes
On August 29, 2023, NAC
International, Inc. submitted a request to
the NRC to amend Certificate of
Compliance No. 1031. NAC
International, Inc. supplemented its
request on October 26, 2023, October 8,
2024, and December 9, 2024.
Amendment No. 15 revises the
certificate of compliance as follows:
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1. Add a new variation of the
Lightweight MAGNASTOR® Transfer
Cask (LMTC) ‘‘Reduced Width LMTC.’’
2. Add a new concrete cask design
known as CC8. The CC8 is based on the
CC7 configuration and uses high density
concrete for enhanced shielding.
3. Increase the maximum system heat
load capacity.
4. Add new pressurized-water reactor
(PWR) loading patterns L, M and N
(pattern N is a short loading pattern).
5. Add a ‘‘thermal shunt’’ to allow for
short loading patterns.
6. Add new boiling water reactor
loading patterns E and F.
7. Remove the 5 percent burnup
‘‘penalty.’’
8. Increase the Passive
MAGNASTOR® Transfer Cask (PMTC)
heat load (30 kilowatt (kW) to 35.5 kW
including preferential loading pattern
B).
9. Revise previously approved
drawings for the concrete cask for CC8,
PMTC, and LMTC.
10. Revise Technical Specifications,
Appendix A to include increased heat
loads and loading patterns.
11. Revise Technical Specifications,
Appendix B to include increased heat
loads and loading patterns and removal
of cool-time tables B2–13 through B2–
43.
12. Add two new PWR fuel types to
support future site operations, resulting
in revisions to structural, thermal,
shielding, and criticality chapters of the
final safety analysis report.
13. Modify the transportable storage
canister lid to allow additional
clearance near the top center of the
basket.
14. Revise license drawings 71160–
584, –585, –684, and –685.
15. Correct and clarify the principal
design criteria, operating procedures,
and the acceptance criteria and
maintenance program.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety evaluation of the
proposed certificate of compliance
amendment request. The NRC
determined that this amendment does
not reflect a significant change in design
or fabrication of the cask. Specifically,
the NRC determined that the design of
the cask would continue to maintain
confinement, shielding, and criticality
control in the event of each evaluated
accident condition. In addition, any
resulting occupational exposure or
offsite dose rates from the
implementation of Amendment No. 15
would remain well within the limits
specified by 10 CFR part 20, ‘‘Standards
for Protection Against Radiation.’’
Therefore, the NRC found there will be
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no significant change in the types or
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 determined that the
amended NAC International, Inc.
MAGNASTOR® Storage System cask
design, when used under the conditions
specified in the certificate of
compliance, the technical
specifications, 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 reasonably assured.
When this direct final rule becomes
effective, persons who hold a general
license under § 72.210, ‘‘General license
issued,’’ may, consistent with the
license conditions under § 72.212,
‘‘Conditions of general license issued
under § 72.210,’’ load spent nuclear fuel
into NAC International, Inc.
MAGNASTOR® Storage System casks
that meet the criteria of Amendment No.
15 to Certificate of Compliance No.
1031.
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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 revises the NAC International, Inc.
MAGNASTOR® Storage Cask System
design listed in § 72.214. This action
does not constitute the establishment of
a standard that contains generally
applicable requirements.
VI. Agreement State Compatibility
Under the ‘‘Agreement State Program
Policy Statement’’ approved by the
Commission on October 2, 2017, and
published in the Federal Register on
October 18, 2017 (82 FR 48535), this
rule is classified as Compatibility
Category NRC—Areas of Exclusive NRC
Regulatory Authority. 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 chapter I.
Therefore, compatibility is not required
for program elements in this category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
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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 31885).
The NRC requests comment on this
direct final rule with respect to clarity
and effectiveness of the language used.
VIII. Environmental Assessment and
Finding of No Significant Impact
Under the National Environmental
Policy Act of 1969, as amended, and the
NRC’s regulations in 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. This environmental
assessment and finding of no significant
impact can be tracked with
identification number CEQ ID EAXX–
429–00–000–1737689343.
A. The Action
The action is to amend § 72.214 to
revise the NAC International, Inc.
MAGNASTOR® Storage System listing
within the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
No. 15 to Certificate of Compliance No.
1031.
B. The Need for the Action
This direct final rule amends the
certificate of compliance for the NAC
International, Inc. MAGNASTOR®
Storage System design within the list of
approved spent fuel storage casks to
allow power reactor licensees to store
spent fuel at reactor sites in casks with
the approved modifications under a
general license. Specifically,
Amendment No. 15 revises the
certificate of compliance as follows:
1. Add a new variation of the LMTC
‘‘Reduced Width LMTC.’’
2. Add a new concrete cask design
known as CC8. The CC8 is based on the
CC7 configuration and uses high density
concrete for enhanced shielding.
3. Increase the maximum system heat
load capacity.
4. Add new PWR loading patterns L,
M and N (pattern N is a short loading
pattern).
5. Add a ‘‘thermal shunt’’ to allow for
short loading patterns.
6. Add new boiling water reactor
loading patterns E and F.
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13049
7. Remove the 5 percent burnup
‘‘penalty.’’
8. Increase the PMTC heat load (30
kW to 35.5 kW including preferential
loading pattern B).
9. Revise previously approved
drawings for the concrete cask for CC8,
PMTC, and LMTC.
10. Revise Technical Specifications,
Appendix A to include increased heat
loads and loading patterns.
11. Revise Technical Specifications,
Appendix B to include increased heat
loads and loading patterns and removal
of cool-time tables B2–13 through B2–
43.
12. Add two new PWR fuel types to
support future site operations, resulting
in revisions to structural, thermal,
shielding, and criticality chapters of the
final safety analysis report.
13. Modify the transportable storage
canister lid to allow additional
clearance near the top center of the
basket.
14. Revise license drawings 71160–
584, –585, –684, and –685.
15. Correct and clarify the principal
design criteria, operating procedures,
and the acceptance criteria and
maintenance program.
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
analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Amendment No. 15 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 of 1969, as
amended.
The NAC International, Inc.
MAGNASTOR® Storage System is
designed to mitigate the effects of design
basis accidents that could occur during
storage. Design basis accidents account
for human-induced events and the most
severe natural phenomena reported for
the site and surrounding area.
Postulated accidents analyzed for an
independent spent fuel storage
installation, the type of facility at which
a holder of a power reactor operating
license would store spent fuel in casks
in accordance with 10 CFR part 72, can
include tornado winds and tornadogenerated missiles, a design basis
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
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This amendment does not reflect a
significant change in design or
fabrication of the cask. Because there are
no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 15
would remain well within the 10 CFR
part 20 limits. The NRC has also
determined that the design of the cask
as modified by this rule would maintain
confinement, shielding, and criticality
control in the event of an accident.
Therefore, the proposed changes will
not result in any radiological or nonradiological 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 exposures, and no significant
increase in the potential for, or
consequences from, radiological
accidents. The NRC documented its
safety findings in the preliminary safety
evaluation report.
requirements in 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.’’ Based on the
foregoing environmental assessment, the
NRC concludes that this direct final
rule, ‘‘List of Approved Spent Fuel
Storage Casks: NAC International, Inc.
MAGNASTOR® Storage System
Certificate of Compliance No. 1031,
Amendment No. 15,’’ will not have a
significant effect on the quality of the
human environment. Therefore, the
NRC has determined that an
environmental impact statement is not
necessary for this direct final rule.
D. Alternative to the Action
The alternative to this action is to
deny approval of Amendment No. 15
and not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into the NAC International,
Inc. MAGNASTOR® Storage System in
accordance with the changes described
in proposed Amendment No. 15 would
have to request an exemption from the
requirements of §§ 72.212 and 72.214.
Under this alternative, interested
licensees 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. The environmental impacts
would be the same as the proposed
action.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
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E. Alternative Use of Resources
Approval of Amendment No. 15 to
Certificate of Compliance No. 1031
would result in no irreversible and
irretrievable commitments of Federal
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
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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,
approval number 3150–0132.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final 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 International,
Inc. 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 (§ 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 (1)
it notifies the NRC in advance; (2) the
spent fuel is stored under the conditions
specified in the cask’s certificate of
compliance; and (3) the conditions of
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the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On November 21, 2008 (73
FR 70587), the NRC issued an
amendment to 10 CFR part 72 that
approved the NAC International, Inc.
MAGNASTOR® Storage System design
by adding it to the list of NRC-approved
cask designs in § 72.214.
On August 29, 2023, and as
supplemented on October 26, 2023,
October 8, 2024, and December 9, 2024,
NAC International, Inc. submitted a
request to amend Certificate of
Compliance No. 1031 as described in
Section IV, ‘‘Discussion of Changes,’’ of
this document.
The alternative to this action is to
withhold approval of Amendment No.
15 and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the NAC International,
Inc. MAGNASTOR® Storage System
under the changes described in
Amendment No. 15 to request an
exemption from the requirements of
§§ 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
preliminary safety evaluation report and
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; therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
regulations in 10 CFR 72.62,
‘‘Backfitting,’’ do not apply to this direct
final rule. This direct final rule revises
Certificate of Compliance No. 1031 for
the NAC International, Inc.
MAGNASTOR® Storage System, as
currently listed in § 72.214. The revision
consists of the changes in Amendment
No. 15 previously described, as set forth
in the revised certificate of compliance
and technical specifications.
Amendment No. 15 to Certificate of
Compliance No. 1031 for the NAC
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International, Inc. MAGNASTOR®
Storage System was initiated by NAC
International, Inc. and was not
submitted in response to new NRC
requirements, or an NRC request for
amendment. Amendment No. 15 applies
only to new casks fabricated and used
under Amendment No. 15. These
changes do not affect existing users of
the NAC International, Inc.
MAGNASTOR® Storage System, and the
current Amendment No. 14 continues to
be effective for existing users. While
current users of this storage system may
comply with the new requirements in
Amendment No. 15, this would be a
voluntary decision on the part of current
users.
For these reasons, Amendment No. 15
to Certificate of Compliance No. 1031
does not constitute backfitting under
§ 72.62 or § 50.109(a)(1), or otherwise
represent an inconsistency with the
issue finality provisions applicable to
combined licenses in 10 CFR part 52.
13051
Accordingly, the NRC has not prepared
a backfit analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a 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.
ADAMS Accession No./
Web link/Federal Register
citation
Document
Proposed Certificate of Compliance and Proposed Technical Specifications
Proposed Certificate of Compliance No. 1031, Amendment No. 15 .............................................................................
Proposed Certificate of Compliance No. 1031, Amendment No. 15, Appendix A: Technical Specifications and Design Features.
Proposed Certificate of Compliance No. 1031, Amendment No. 15, Appendix B: Approved Contents .......................
Preliminary Safety Evaluation Report, Certificate of Compliance No. 1031, Amendment No. 15 ................................
ML24340A131.
ML24340A132.
ML24340A133.
ML24340A134.
NAC International, Inc. MAGNASTOR® Storage System Amendment No. 15 Request Documents
NAC International, Inc., Submission of an Amendment Request for the MAGNASTOR® Cask System, Amendment
No. 15, dated August 29, 2023.
NAC International, Inc., Supplement to the Amendment Request No. 15 for the MAGNASTOR® Cask System,
dated October 26, 2023.
NAC International, Inc., Submission of Responses to the NRC’s Request for Additional Information for
MAGNASTOR® Cask System, Amendment No. 15, dated October 8, 2024.
NAC International, Inc., Submission of Data Files to Support the NRC’s Review of MAGNASTOR® Amendment
No. 15, dated October 8, 2024.
NAC International, Inc., Submission of a Supplement for Responses to the NRC’s Request for Additional Information for MAGNASTOR® Cask System, Amendment No. 15, dated December 9, 2024.
ML23241B052 (package).
ML23300A137 (package).
ML24283A084 (package).
ML24284A267.
ML24344A171 (package).
Other Documents
ddrumheller on DSK120RN23PROD with RULES1
Rulemaking Memorandum for Amendment No. 15 for the MAGNASTOR® Storage System, dated January 12,
2025.
Final Rule, ‘‘Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,’’ published July 18,
1990.
Final Rule, ‘‘List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition,’’ published November 21, 2008 ..
Revision to Policy Statement, ‘‘Agreement State Program Policy Statement; Correction,’’ published October 18,
2017.
Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 ................................
The NRC may post materials related
to this document, including public
comments, on the Federal rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2024–0216. In
addition, the Federal rulemaking
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2024–0216); (2) click the ‘‘Subscribe’’
link; and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
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:
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
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ML24340A130.
55 FR 29181.
73 FR 70587.
82 FR 48535.
63 FR 31885.
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: 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),
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Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Rules and Regulations
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.
2. In § 72.214, Certificate of
Compliance No. 1031 is revised to read
as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
Certificate Number: 1031.
Initial Certificate Effective Date:
February 4, 2009, superseded by Initial
Certificate, Revision 1, on February 1,
2016, superseded by Initial Certificate,
Revision 2, on October 16, 2023,
superseded by Initial Certificate,
Revision 3, on March 19, 2025.
Amendment Number 1 Effective Date:
August 30, 2010, superseded by
Amendment Number 1, Revision 1, on
February 1, 2016, superseded by
Amendment Number 1, Revision 2, on
October 16, 2023, superseded by
Amendment Number 1, Revision 3, on
March 19, 2025.
Amendment Number 2 Effective Date:
January 30, 2012, superseded by
Amendment Number 2, Revision 1, on
February 1, 2016, superseded by
Amendment Number 2, Revision 2, on
October 16, 2023, superseded by
Amendment Number 2, Revision 3, on
March 19, 2025.
Amendment Number 3 Effective Date:
July 25, 2013, superseded by
Amendment Number 3, Revision 1, on
February 1, 2016, superseded by
Amendment Number 3, Revision 2, on
October 16, 2023, superseded by
Amendment Number 3, Revision 3, on
March 19, 2025.
Amendment Number 4 Effective Date:
April 14, 2015, superseded by
Amendment Number 4, Revision 1, on
October 16, 2023, superseded by
Amendment Number 4, Revision 2, on
March 19, 2025.
Amendment Number 5 Effective Date:
June 29, 2015, superseded by
Amendment Number 5, Revision 1, on
October 16, 2023, superseded by
Amendment Number 5, Revision 2, on
March 19, 2025.
Amendment Number 6 Effective Date:
December 21, 2016, superseded by
Amendment Number 6, Revision 1, on
October 16, 2023, superseded by
Amendment Number 6, Revision 2, on
March 19, 2025.
Amendment Number 7 Effective Date:
August 21, 2017, as corrected (ADAMS
Accession No. ML19045A346),
superseded by Amendment Number 7,
Revision 1, on October 16, 2023,
superseded by Amendment Number 7,
Revision 2, on March 19, 2025.
VerDate Sep<11>2014
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Amendment Number 8 Effective Date:
March 24, 2020, superseded by
Amendment Number 8, Revision 1, on
October 16, 2023, superseded by
Amendment Number 8, Revision 2, on
March 19, 2025.
Amendment Number 9 Effective Date:
December 7, 2020, superseded by
Amendment Number 9, Revision 1, on
October 16, 2023, superseded by
Amendment Number 9, Revision 2, on
March 19, 2025.
Amendment Number 10 Effective
Date: January 18, 2023, superseded by
Amendment Number 10, Revision 1, on
March 19, 2025.
Amendment Number 11 Effective
Date: October 16, 2023, superseded by
Amendment Number 11, Revision 1, on
March 19, 2025.
Amendment Number 12 Effective
Date: October 16, 2023, superseded by
Amendment Number 12, Revision 1, on
March 19, 2025.
Amendment Number 13 Effective
Date: November 19, 2024, superseded by
Amendment Number 13, Revision 1, on
March 19, 2025.
Amendment Number 14 Effective
Date: March 19, 2025.
Amendment Number 15 Effective
Date: June 3, 2025.
SAR Submitted by: NAC
International, Inc.
SAR Title: Final Safety Analysis
Report for the MAGNASTOR® System.
Docket Number: 72–1031.
Certificate Expiration Date: February
4, 2029.
Model Number: MAGNASTOR®.
*
*
*
*
*
Dated: March 14, 2025.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025–04651 Filed 3–19–25; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 430
[EERE–2022–BT–TP–0028]
RIN 1904–AF49
Energy Conservation Program: Test
Procedures for Central Air
Conditioners and Heat Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule; further delay of
effective date.
AGENCY:
This document further delays
the effective date of a recently published
SUMMARY:
PO 00000
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Fmt 4700
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final rule amending the test procedures
for central air conditioners and heat
pumps.
As of March 20, 2025, the
effective date of the rule amending 10
CFR parts 429 and 430 published in the
Federal Register at 90 FR 1224 on
January 7, 2025, is delayed until May
20, 2025. The incorporation by reference
approval published at 90 FR 1224 on
January 7, 2025, is delayed to May 20,
2025.
DATES:
Dr.
Pradeep Prathibha, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (240) 255–
0630. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Pete Cochran, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–4798. Email:
peter.cochran@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT:
On
January 20, 2025, President Trump
issued the ‘‘Regulatory Freeze Pending
Review’’ memorandum published in the
Federal Register on January 25, 2025
(90 FR 8249). This presidential action
ordered all executive departments and
agencies to consider postponing for 60days the effective date of certain rules
published in the Federal Register for
the purpose of reviewing any questions
of fact, law, and policy that the rules
may raise. Additionally, executive
departments and agencies were to
consider opening a comment period to
allow interested parties to provide
comments about issues of fact, law, and
policy raised by the rules postponed
under the memorandum.
Consistent with the Presidential
Memorandum of January 20, 2025, the
U.S. Department of Energy (‘‘DOE’’)
delayed the effective date of its final
rule amending the test procedures for
central air conditioners and heat pumps
(CAC/HP) published in the Federal
Register on January 7, 2025 (90 FR
1224) to March 21, 2025. 90 FR 9001
(Feb. 5, 2025). DOE also requested
comments on the impacts of a further
delay of the test procedures as well as
legal, factual, or policy issues raised by
the rule.
DOE received comments in response
to the February 2025 delay of effective
date from the interested parties listed in
Table 1.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\20MRR1.SGM
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[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Rules and Regulations]
[Pages 13047-13052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04651]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 90, No. 53 / Thursday, March 20, 2025 / Rules
and Regulations
[[Page 13047]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2024-0216]
RIN 3150-AL25
List of Approved Spent Fuel Storage Casks: NAC International,
Inc., MAGNASTOR[supreg] Storage System, Certificate of Compliance No.
1031, Amendment No. 15
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, Inc.
MAGNASTOR[supreg] Storage System listing within the ``List of approved
spent fuel storage casks'' to include Amendment No. 15 to Certificate
of Compliance No. 1031. Amendment No. 15 revises the certificate of
compliance to add a new variation of the Lightweight MAGNASTOR[supreg]
Transfer Cask design, add a new concrete cask design, increase the
maximum system head load capacity, add new loading patterns, add a
thermal shunt for short loading patterns, remove the 5 percent burnup
penalty, increase Passive MAGNASTOR[supreg] Transfer Cask heat load,
add two new pressurized-water reactor fuel types to support future
operations, modify the transportable storage canister lid to allow
additional clearance near the top center of the basket, and correct and
clarify principal design criteria, operating procedures, and the
acceptance criteria and maintenance program.
This amendment also makes corresponding revisions to previously
approved drawings for the concrete cask, Technical Specifications
Appendix A and Appendix B, specific chapters of the final safety
analysis report, and several license drawings.
DATES: This direct final rule is effective June 3, 2025, unless
significant adverse comments are received by April 21, 2025. 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 NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule also will be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2024-0216,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
You can read a plain language description of this direct final rule
at https://www.regulations.gov/docket/NRC-2024-0216. 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: Irene Wu, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-1951, email: [email protected]
and Donald Habib, telephone: 301-415-1035, email: [email protected].
Both are staff of the U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
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 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-2024-0216 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0216. Address
questions about NRC dockets to Helen Chang, telephone: 301-415-3228,
email: [email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2024-0216 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
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit
[[Page 13048]]
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. Rulemaking Procedure
This rule is limited to the changes contained in Amendment No. 15
to Certificate of Compliance No. 1031 and does not include other
aspects of the NAC International, Inc. MAGNASTOR[supreg] Storage System
design. The NRC is using the ``direct final rule procedure'' for this
rule because it represents a limited and routine change to an existing
certificate of compliance that is expected to be non-controversial.
Adequate protection of public health and safety continues to be
reasonably assured. The amendment to the rule will become effective on
June 3, 2025. However, if the NRC receives any significant adverse
comment by April 21, 2025, 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 Rules section of this issue of the Federal
Register or as otherwise appropriate. In general, 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 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.
(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 to make a change (other than
editorial) to the rule, certificate of compliance, or technical
specifications.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
requires that ``[t]he 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 Nuclear
Waste Policy Act states, in part, that ``[t]he 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 that 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 International,
Inc. MAGNASTOR[supreg] Storage System design and added it to the list
of NRC-approved cask designs in Sec. 72.214, ``List of approved spent
fuel storage casks,'' as Certificate of Compliance No. 1031.
IV. Discussion of Changes
On August 29, 2023, NAC International, Inc. submitted a request to
the NRC to amend Certificate of Compliance No. 1031. NAC International,
Inc. supplemented its request on October 26, 2023, October 8, 2024, and
December 9, 2024. Amendment No. 15 revises the certificate of
compliance as follows:
1. Add a new variation of the Lightweight MAGNASTOR[supreg]
Transfer Cask (LMTC) ``Reduced Width LMTC.''
2. Add a new concrete cask design known as CC8. The CC8 is based on
the CC7 configuration and uses high density concrete for enhanced
shielding.
3. Increase the maximum system heat load capacity.
4. Add new pressurized-water reactor (PWR) loading patterns L, M
and N (pattern N is a short loading pattern).
5. Add a ``thermal shunt'' to allow for short loading patterns.
6. Add new boiling water reactor loading patterns E and F.
7. Remove the 5 percent burnup ``penalty.''
8. Increase the Passive MAGNASTOR[supreg] Transfer Cask (PMTC) heat
load (30 kilowatt (kW) to 35.5 kW including preferential loading
pattern B).
9. Revise previously approved drawings for the concrete cask for
CC8, PMTC, and LMTC.
10. Revise Technical Specifications, Appendix A to include
increased heat loads and loading patterns.
11. Revise Technical Specifications, Appendix B to include
increased heat loads and loading patterns and removal of cool-time
tables B2-13 through B2-43.
12. Add two new PWR fuel types to support future site operations,
resulting in revisions to structural, thermal, shielding, and
criticality chapters of the final safety analysis report.
13. Modify the transportable storage canister lid to allow
additional clearance near the top center of the basket.
14. Revise license drawings 71160-584, -585, -684, and -685.
15. Correct and clarify the principal design criteria, operating
procedures, and the acceptance criteria and maintenance program.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed certificate of compliance
amendment request. The NRC determined that this amendment does not
reflect a significant change in design or fabrication of the cask.
Specifically, the NRC determined that the design of the cask would
continue to maintain confinement, shielding, and criticality control in
the event of each evaluated accident condition. In addition, any
resulting occupational exposure or offsite dose rates from the
implementation of Amendment No. 15 would remain well within the limits
specified by 10 CFR part 20, ``Standards for Protection Against
Radiation.'' Therefore, the NRC found there will be
[[Page 13049]]
no significant change in the types or 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 determined that the amended NAC International, Inc.
MAGNASTOR[supreg] Storage System cask design, when used under the
conditions specified in the certificate of compliance, the technical
specifications, 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 reasonably assured. When this direct final
rule becomes effective, persons who hold a general license under Sec.
72.210, ``General license issued,'' may, consistent with the license
conditions under Sec. 72.212, ``Conditions of general license issued
under Sec. 72.210,'' load spent nuclear fuel into NAC International,
Inc. MAGNASTOR[supreg] Storage System casks that meet the criteria of
Amendment No. 15 to Certificate of Compliance No. 1031.
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 revises the
NAC International, Inc. MAGNASTOR[supreg] Storage Cask System design
listed in Sec. 72.214. This action does not constitute the
establishment of a standard that contains generally applicable
requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. 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
chapter I. Therefore, compatibility is not required for program
elements in this category.
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
31885). The NRC requests comment on this direct final rule with respect
to clarity and effectiveness of the language used.
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 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. This environmental
assessment and finding of no significant impact can be tracked with
identification number CEQ ID EAXX-429-00-000-1737689343.
A. The Action
The action is to amend Sec. 72.214 to revise the NAC
International, Inc. MAGNASTOR[supreg] Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
15 to Certificate of Compliance No. 1031.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
NAC International, Inc. MAGNASTOR[supreg] Storage System design within
the list of approved spent fuel storage casks to allow power reactor
licensees to store spent fuel at reactor sites in casks with the
approved modifications under a general license. Specifically, Amendment
No. 15 revises the certificate of compliance as follows:
1. Add a new variation of the LMTC ``Reduced Width LMTC.''
2. Add a new concrete cask design known as CC8. The CC8 is based on
the CC7 configuration and uses high density concrete for enhanced
shielding.
3. Increase the maximum system heat load capacity.
4. Add new PWR loading patterns L, M and N (pattern N is a short
loading pattern).
5. Add a ``thermal shunt'' to allow for short loading patterns.
6. Add new boiling water reactor loading patterns E and F.
7. Remove the 5 percent burnup ``penalty.''
8. Increase the PMTC heat load (30 kW to 35.5 kW including
preferential loading pattern B).
9. Revise previously approved drawings for the concrete cask for
CC8, PMTC, and LMTC.
10. Revise Technical Specifications, Appendix A to include
increased heat loads and loading patterns.
11. Revise Technical Specifications, Appendix B to include
increased heat loads and loading patterns and removal of cool-time
tables B2-13 through B2-43.
12. Add two new PWR fuel types to support future site operations,
resulting in revisions to structural, thermal, shielding, and
criticality chapters of the final safety analysis report.
13. Modify the transportable storage canister lid to allow
additional clearance near the top center of the basket.
14. Revise license drawings 71160-584, -585, -684, and -685.
15. Correct and clarify the principal design criteria, operating
procedures, and the acceptance criteria and maintenance program.
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 analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 15 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 of 1969, as amended.
The NAC International, Inc. MAGNASTOR[supreg] Storage System is
designed to mitigate the effects of design basis accidents that could
occur during storage. Design basis accidents account for human-induced
events and the most severe natural phenomena reported for the site and
surrounding area. Postulated accidents analyzed for an independent
spent fuel storage installation, the type of facility at which a holder
of a power reactor operating license would store spent fuel in casks in
accordance with 10 CFR part 72, can 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.
[[Page 13050]]
This amendment does not reflect a significant change in design or
fabrication of the cask. Because there are no significant design or
process changes, any resulting occupational exposure or offsite dose
rates from the implementation of Amendment No. 15 would remain well
within the 10 CFR part 20 limits. The NRC has also determined that the
design of the cask as modified by this rule would maintain confinement,
shielding, and criticality control in the event of an accident.
Therefore, the proposed 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 exposures, and no significant increase in the
potential for, or consequences from, radiological accidents. The NRC
documented its safety findings in the preliminary safety evaluation
report.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment No.
15 and not issue the direct final rule. Consequently, any 10 CFR part
72 general licensee that seeks to load spent nuclear fuel into the NAC
International, Inc. MAGNASTOR[supreg] Storage System in accordance with
the changes described in proposed Amendment No. 15 would have to
request an exemption from the requirements of Sec. Sec. 72.212 and
72.214. Under this alternative, interested licensees 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. The environmental impacts would be the same
as the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 15 to Certificate of Compliance No. 1031
would result in no irreversible and irretrievable commitments of
Federal 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 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.'' Based on the foregoing environmental
assessment, the NRC concludes that this direct final rule, ``List of
Approved Spent Fuel Storage Casks: NAC International, Inc.
MAGNASTOR[supreg] Storage System Certificate of Compliance No. 1031,
Amendment No. 15,'' will not have a significant effect on the quality
of 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, approval number 3150-
0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final 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 International, Inc. 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 (Sec.
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 (1) it notifies the NRC in advance; (2) the spent fuel
is stored under the conditions specified in the cask's certificate of
compliance; and (3) the conditions of the general license are met. A
list of NRC-approved cask designs is contained in Sec. 72.214. On
November 21, 2008 (73 FR 70587), the NRC issued an amendment to 10 CFR
part 72 that approved the NAC International, Inc. MAGNASTOR[supreg]
Storage System design by adding it to the list of NRC-approved cask
designs in Sec. 72.214.
On August 29, 2023, and as supplemented on October 26, 2023,
October 8, 2024, and December 9, 2024, NAC International, Inc.
submitted a request to amend Certificate of Compliance No. 1031 as
described in Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 15 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the NAC International, Inc.
MAGNASTOR[supreg] Storage System under the changes described in
Amendment No. 15 to request an exemption from the requirements of
Sec. Sec. 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 preliminary safety evaluation
report and 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; therefore, this action
is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the regulations in 10 CFR 72.62,
``Backfitting,'' do not apply to this direct final rule. This direct
final rule revises Certificate of Compliance No. 1031 for the NAC
International, Inc. MAGNASTOR[supreg] Storage System, as currently
listed in Sec. 72.214. The revision consists of the changes in
Amendment No. 15 previously described, as set forth in the revised
certificate of compliance and technical specifications.
Amendment No. 15 to Certificate of Compliance No. 1031 for the NAC
[[Page 13051]]
International, Inc. MAGNASTOR[supreg] Storage System was initiated by
NAC International, Inc. and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 15 applies
only to new casks fabricated and used under Amendment No. 15. These
changes do not affect existing users of the NAC International, Inc.
MAGNASTOR[supreg] Storage System, and the current Amendment No. 14
continues to be effective for existing users. While current users of
this storage system may comply with the new requirements in Amendment
No. 15, this would be a voluntary decision on the part of current
users.
For these reasons, Amendment No. 15 to Certificate of Compliance
No. 1031 does not constitute backfitting under Sec. 72.62 or Sec.
50.109(a)(1), or otherwise represent an inconsistency with the issue
finality provisions applicable to combined licenses in 10 CFR part 52.
Accordingly, the NRC has not prepared a backfit analysis for this
rulemaking.
XIII. Congressional Review Act
This direct final rule is not a 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.
------------------------------------------------------------------------
ADAMS Accession No./ Web link/
Document Federal Register citation
------------------------------------------------------------------------
Proposed Certificate of Compliance and Proposed Technical Specifications
------------------------------------------------------------------------
Proposed Certificate of Compliance ML24340A131.
No. 1031, Amendment No. 15.
Proposed Certificate of Compliance ML24340A132.
No. 1031, Amendment No. 15,
Appendix A: Technical
Specifications and Design
Features.
Proposed Certificate of Compliance ML24340A133.
No. 1031, Amendment No. 15,
Appendix B: Approved Contents.
Preliminary Safety Evaluation ML24340A134.
Report, Certificate of Compliance
No. 1031, Amendment No. 15.
------------------------------------------------------------------------
NAC International, Inc. MAGNASTOR[supreg] Storage System Amendment No.
15 Request Documents
------------------------------------------------------------------------
NAC International, Inc., ML23241B052 (package).
Submission of an Amendment
Request for the MAGNASTOR[supreg]
Cask System, Amendment No. 15,
dated August 29, 2023.
NAC International, Inc., ML23300A137 (package).
Supplement to the Amendment
Request No. 15 for the
MAGNASTOR[supreg] Cask System,
dated October 26, 2023.
NAC International, Inc., ML24283A084 (package).
Submission of Responses to the
NRC's Request for Additional
Information for MAGNASTOR[supreg]
Cask System, Amendment No. 15,
dated October 8, 2024.
NAC International, Inc., ML24284A267.
Submission of Data Files to
Support the NRC's Review of
MAGNASTOR[supreg] Amendment No.
15, dated October 8, 2024.
NAC International, Inc., ML24344A171 (package).
Submission of a Supplement for
Responses to the NRC's Request
for Additional Information for
MAGNASTOR[supreg] Cask System,
Amendment No. 15, dated December
9, 2024.
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
Rulemaking Memorandum for ML24340A130.
Amendment No. 15 for the
MAGNASTOR[supreg] Storage System,
dated January 12, 2025.
Final Rule, ``Storage of Spent 55 FR 29181.
Fuel in NRC-Approved Storage
Casks at Power Reactor Sites,''
published July 18, 1990.
Final Rule, ``List of Approved 73 FR 70587.
Spent Fuel Storage Casks:
MAGNASTOR Addition,'' published
November 21, 2008.
Revision to Policy Statement, 82 FR 48535.
``Agreement State Program Policy
Statement; Correction,''
published October 18, 2017.
Presidential Memorandum, ``Plain 63 FR 31885.
Language in Government Writing,''
published June 10, 1998.
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2024-0216. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder (NRC-2024-0216); (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear energy, 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),
[[Page 13052]]
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 No. 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, superseded by
Initial Certificate, Revision 2, on October 16, 2023, superseded by
Initial Certificate, Revision 3, on March 19, 2025.
Amendment Number 1 Effective Date: August 30, 2010, superseded by
Amendment Number 1, Revision 1, on February 1, 2016, superseded by
Amendment Number 1, Revision 2, on October 16, 2023, superseded by
Amendment Number 1, Revision 3, on March 19, 2025.
Amendment Number 2 Effective Date: January 30, 2012, superseded by
Amendment Number 2, Revision 1, on February 1, 2016, superseded by
Amendment Number 2, Revision 2, on October 16, 2023, superseded by
Amendment Number 2, Revision 3, on March 19, 2025.
Amendment Number 3 Effective Date: July 25, 2013, superseded by
Amendment Number 3, Revision 1, on February 1, 2016, superseded by
Amendment Number 3, Revision 2, on October 16, 2023, superseded by
Amendment Number 3, Revision 3, on March 19, 2025.
Amendment Number 4 Effective Date: April 14, 2015, superseded by
Amendment Number 4, Revision 1, on October 16, 2023, superseded by
Amendment Number 4, Revision 2, on March 19, 2025.
Amendment Number 5 Effective Date: June 29, 2015, superseded by
Amendment Number 5, Revision 1, on October 16, 2023, superseded by
Amendment Number 5, Revision 2, on March 19, 2025.
Amendment Number 6 Effective Date: December 21, 2016, superseded by
Amendment Number 6, Revision 1, on October 16, 2023, superseded by
Amendment Number 6, Revision 2, on March 19, 2025.
Amendment Number 7 Effective Date: August 21, 2017, as corrected
(ADAMS Accession No. ML19045A346), superseded by Amendment Number 7,
Revision 1, on October 16, 2023, superseded by Amendment Number 7,
Revision 2, on March 19, 2025.
Amendment Number 8 Effective Date: March 24, 2020, superseded by
Amendment Number 8, Revision 1, on October 16, 2023, superseded by
Amendment Number 8, Revision 2, on March 19, 2025.
Amendment Number 9 Effective Date: December 7, 2020, superseded by
Amendment Number 9, Revision 1, on October 16, 2023, superseded by
Amendment Number 9, Revision 2, on March 19, 2025.
Amendment Number 10 Effective Date: January 18, 2023, superseded by
Amendment Number 10, Revision 1, on March 19, 2025.
Amendment Number 11 Effective Date: October 16, 2023, superseded by
Amendment Number 11, Revision 1, on March 19, 2025.
Amendment Number 12 Effective Date: October 16, 2023, superseded by
Amendment Number 12, Revision 1, on March 19, 2025.
Amendment Number 13 Effective Date: November 19, 2024, superseded
by Amendment Number 13, Revision 1, on March 19, 2025.
Amendment Number 14 Effective Date: March 19, 2025.
Amendment Number 15 Effective Date: June 3, 2025.
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: March 14, 2025.
For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2025-04651 Filed 3-19-25; 8:45 am]
BILLING CODE 7590-01-P
