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.

Rules and Regulations Federal Register

64351 

Vol. 88, No. 180 

Tuesday, September 19, 2023 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2023–0085] 

RIN 3150–AK99 

List of Approved Spent Fuel Storage 

Casks: NAC International, Inc. 

MAGNASTOR® Storage System, 

Certificate of Compliance No. 1031, 

Amendment Nos. 11 and 12 and 

Revisions to Amendment Nos. 0 

Through 9 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of October 16, 2023, for 

the direct final rule that was published 

in the Federal Register on July 31, 2023. 

This direct final rule amended 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 Nos. 11 and 12 and 

revisions to Amendment Nos. 0 through 

9 to Certificate of Compliance No. 1031. 

DATES: The effective date of October 16, 

2023, for the direct final rule published 

July 31, 2023 (88 FR 49267), is 

confirmed. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0085 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–2023–0085. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@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, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. The proposed 

certificates of compliance, the proposed 

changes to the technical specifications, 

and the preliminary safety evaluation 

reports are available in ADAMS under 

Accession No. ML22220A149. The final 

certificates of compliance, the final 

changes to the technical specifications, 

and the final safety evaluation reports 

are available in ADAMS under 

Accession No. ML23250A323. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. 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. 

FOR FURTHER INFORMATION CONTACT: 

Bernard White, Office of Nuclear 

Materials Safety and Safeguards, 

telephone: 301–415–6577, email: 

Bernard.White@nrc.gov and Irene Wu, 

Office of Nuclear Materials Safety and 

Safeguards, telephone: 301–415–1951, 

email: Irene.Wu@nrc.gov. Both are staff 

of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: On July 

31, 2023 (88 FR 49267), the NRC 

published a direct final rule amending 

its regulations in part 72 of title 10 of 

the Code of Federal Regulations to 

include Amendment Nos. 11 and 12 and 

revisions to Amendment Nos. 0 through 

9 to Certificate of Compliance No. 1031. 

Amendment No. 11 revises the 

certificate of compliance to add a new 

concrete cask, transfer cask, fuel baskets 

and revised contents. Amendment No. 

11 also adds a definition for the 

concrete cask lid, clarifies the definition 

for the concrete cask to exclude the lid, 

clarifies the definition of storage cask, 

and provides alternate fabrication 

criteria and techniques for the concrete 

cask lid. Amendment No. 12 and 

revisions to Amendment Nos. 0 through 

9 add definitions for the storage cask 

and concrete cask lid, revise the 

definition of the concrete cask, and 

provide alternate fabrication criteria and 

techniques for the concrete cask lid to 

the certificate of compliance. 

In the direct final rule, the NRC stated 

that if no significant adverse comments 

were received, the direct final rule 

would become effective on October 16, 

2023. The NRC did not receive any 

comments on the direct final rule. 

Therefore, this direct final rule will 

become effective as scheduled. 

Dated: September 13, 2023. 

For the Nuclear Regulatory Commission. 

Cindy K. Bladey, 

Chief, Regulatory Analysis and Rulemaking 

Support Branch, Division of Rulemaking, 

Environmental, and Financial Support Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2023–20173 Filed 9–18–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2013–BT–STD–0030] 

RIN 1904–AB86 

Energy Conservation Program: Energy 

Conservation Standards for 

Commercial Packaged Boilers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Department of Energy 

(DOE) is amending its standards for 

commercial packaged boilers (CPB) in 

compliance with a United States Court 

of Appeals for the District Court of 

Columbia Circuit court decision 

vacating the January 10, 2020 rule that 

amended standards for CPB. 

DATES: This action is effective on 

September 19, 2023. However, the 

opinion had legal effect on August 28, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Julia Hegarty, U.S. Department of 

Energy, Office of Energy Efficiency and 


ddrumheller on DSK120RN23PROD with RULES1
64352 Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 

Renewable Energy, Building 

Technologies Program, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Telephone: (240) 597– 

6737. Email: Julia Hegarty@ee.doe.gov. 

Ms. Amelia Whiting, U.S. Department 

of Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 586–2588. Email: 

Amelia.Whiting@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Energy Policy and Conservation Act of 

1975 (EPCA), as amended, requires DOE 

to, among other things, periodically 

consider whether amended energy 

conservation standards for commercial 

packaged boilers are warranted. On 

January 10, 2020, DOE published a final 

rule, 85 FR 1592 (January 10, 2020; 

‘‘January 2020 Final Rule’’), amending 

energy conservation standards for 

commercial packaged boilers (‘‘CPB’’). A 

commercial packaged boiler is a 

packaged boiler that meets all of the 

following requirements: (1) has rated 

input of 300,000 Btu/h or greater; (2) is 

to any significant extent, distributed in 

commerce for space conditioning and/or 

service water heating in buildings but 

does not meet the definition of ‘‘hot 

water supply boiler’’; (3) does not meet 

the definition of ‘‘field-constructed’’; 

and (4) is designed to operate a steam 

pressure at or below 15 psig; operate at 

or below a water pressure of 160 psig 

and water temperature of 250 °F, or 

operate at a steam pressure at or below 

15 psig and at or below a water pressure 

of 160 psig and water temperature of 

250 °F. 10 CFR 431.82. 

The American Public Gas Association 

(‘‘APGA’’), Air-Conditioning, Heating 

and Refrigeration Institute (‘‘AHRI’’), 

and Spire Inc. filed petitions for review 

of DOE’s January 2020 Final Rule in the 

United States Courts of Appeals for the 

D.C. Circuit, Fourth Circuit, and Eight 

Circuit, respectively. American Public 

Gas Association v. DOE, 22 F.4th 1018 

(D.C. Cir. 2022). The Petition was 

consolidated in the D.C. Circuit. In a 

January 18, 2022, opinion, the D.C. 

Circuit determined that DOE failed to 

provide meaningful responses to 

comments with respect to three distinct 

issues related to modeling used during 

the rulemaking proceeding: (1) the 

random assignment of boiler efficiencies 

to buildings; (2) forecasted fuel prices; 

and (3) estimated burner operating 

hours. As such, the court concluded 

DOE failed to adequately explain why 

the January 2020 Final Rule satisfies the 

applicable clear and convincing 

evidence standard and remanded, but 

did not vacate, the January 2020 Final 

Rule to DOE to cure the failures to 

explain. 

On remand, DOE published a 

supplemental response to comments 

providing additional explanation 

regarding these three issues. 87 FR 

23421 (April 20, 2022). APGA, AHRI, 

and Spire Inc. filed separate petitions 

for review of the supplemental response 

to comments, which were consolidated 

in the D.C. Circuit. The D.C. Circuit 

issued an opinion on July 7, 2023, 

granting the petition for review and 

vacating the energy conservation 

standards for CPBs established in the 

January 2020 Final Rule, and remanding 

the proceedings to DOE. (See 10 CFR 

431.87) 

This final rule is not subject to the 

requirement to provide prior notice and 

an opportunity for public comment 

pursuant to 5 U.S.C. 553(b)(B). DOE 

finds good cause to waive the 

requirement to provide prior notice and 

an opportunity for public comment as 

such procedure is unnecessary. DOE 

must comply with the order of a Federal 

court, and has no discretion to do 

otherwise. In implementation of that 

order, DOE is vacating the current 

energy conservation standards for 

commercial packaged boilers. 

Comments suggesting any other course 

would serve no useful purpose. 

Approval of the Office of the Secretary 

The Secretary of Energy has approved 

publication of this final rule; technical 

amendment. 

Signing Authority 

This document of the Department of 

Energy was signed on September 8, 

2023, by Francisco Alejandro Moreno, 

Acting Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on September 

11, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons stated in the 

preamble, DOE amends part 431 of 

chapter II, subchapter D, of title 10 of 

the Code of Federal Regulations, as set 

forth below: 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 

2461 note. 

■ 2. Revise § 431.87 to read as follows: 

§ 431.87 Energy conservation standards 

and their effective dates. 

(a) Each commercial packaged boiler 

listed in table 1 of this paragraph (a) and 

manufactured on or after the effective 

date listed must meet the indicated 

energy conservation standard. 

TABLE 1 TO PARAGRAPH (a)—COMMERCIAL PACKAGED BOILER ENERGY CONSERVATION STANDARDS

Equipment category Subcategory Certified rated input 

Efficiency level— 

effective date: 

March 2, 2012 * 

Hot Water Commercial Packaged Boilers ........ Gas-fired .......................................................... ≥300,000 Btu/h and ≤2,500,000 Btu/h ............. 80.0% ET. 

Hot Water Commercial Packaged Boilers ........ Gas-fired .......................................................... >2,500,000 Btu/h ............................................. 82.0% EC. 

Hot Water Commercial Packaged Boilers ........ Oil-fired ............................................................ ≥300,000 Btu/h and ≤2,500,000 Btu/h ............. 82.0% ET. 

Hot Water Commercial Packaged Boilers ........ Oil-fired ............................................................ >2,500,000 Btu/h ............................................. 84.0% EC. 

Steam Commercial Packaged Boilers .............. Gas-fired, all, except natural draft ................... ≥300,000 Btu/h and ≤2,500,000 Btu/h ............. 79.0% ET. 

Steam Commercial Packaged Boilers .............. Gas-fired, all, except natural draft ................... >2,500,000 Btu/h ............................................. 79.0% ET. 

Steam Commercial Packaged Boilers .............. Gas-fired—natural draft ................................... ≥300,000 Btu/h and ≤2,500,000 Btu/h ............. 77.0% ET. 

Steam Commercial Packaged Boilers .............. Gas-fired—natural draft ................................... >2,500,000 Btu/h ............................................. 77.0% ET. 

Steam Commercial Packaged Boilers .............. Oil-fired ............................................................ ≥300,000 Btu/h and ≤2,500,000 Btu/h ............. 81.0% ET. 

Steam Commercial Packaged Boilers .............. Oil-fired ............................................................ >2,500,000 Btu/h ............................................. 81.0% ET. 

* Where EC is combustion efficiency and ET is thermal efficiency. 


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Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations 64353 

(b) Each commercial packaged boiler 

listed in table 2 of this paragraph (b) and 

manufactured on or after the effective 

date listed in Table 2 must meet the 

indicated energy conservation standard. 

TABLE 2 TO PARAGRAPH (b)—COMMERCIAL PACKAGED BOILER ENERGY CONSERVATION STANDARDS

Equipment category Subcategory Certified rated input 

Efficiency level— 

effective date: 

March 2, 2022 * 

Steam Commercial Packaged Boilers .............. Gas-fired—natural draft ................................... ≥300,000 Btu/h and ≤2,500,000 Btu/h ............. 79.0% ET. 

Steam Commercial Packaged Boilers .............. Gas-fired—natural draft ................................... >2,500,000 Btu/h ............................................. 79.0% ET. 

* Where ET is thermal efficiency. 

[FR Doc. 2023–19908 Filed 9–18–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1709 

[Docket No. DNFSB–2023–01] 

Debt Collection Procedures 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (DNFSB) is 

confirming the effective date of October 

10, 2023, for the direct final rule that 

was published in the Federal Register 

on July 11, 2023. 

DATES: The effective date of October 10, 

2023, for the direct final rule published 

on July 11, 2023, (88 FR 44031), is 

confirmed. 

ADDRESSES: DNFSB’s General Counsel 

web page: Go to https://www.dnfsb.gov/ 

office-general-counsel and click 

‘‘Federal Register Notices’’ to access 

publicly available information related to 

this rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Hargrave, Associate General 

Counsel, Defense Nuclear Facilities 

Safety Board, 625 Indiana Avenue NW, 

Suite 700, Washington, DC 20004–2901, 

(202) 694–7000. 

SUPPLEMENTARY INFORMATION: On August 

30, 2021 (88 FR 44031), the DNFSB 

published a direct final rule to 

implement the Debt Collection Act 

(DCA), as amended, 31 U.S.C. 3701, et 

seq. The DCA governs the federal 

government’s debt collection activities. 

In accordance with this law, the 

Treasury Department and the 

Department of Justice jointly 

promulgated Federal Claims Collection 

Standards (FCCS), 31 CFR parts 900 

through 904. Agencies may adopt the 

FCCS without change or may prescribe 

agency regulations for collecting debts 

by administrative offset that are 

consistent with the FCCS. 31 U.S.C. 

3716. These regulations are required 

before an agency may collect a debt by 

administrative offset. 

In the direct final rule, the DNFSB 

stated that, if no significant adverse 

comments were received, the direct 

final rule would become effective on 

October 11, 2023. The DNFSB received 

one comment. The DNFSB evaluated the 

comment against the criteria described 

in the direct final rule and determined 

that the comment was not significant 

and adverse. Specifically, the 

commentator stated that the rule would 

be ‘‘great’’ due to ‘‘the added measure of 

structure and accountability that will 

result from this rule.’’ The comment was 

positive and supportive. The direct final 

rule will become effective as scheduled. 

Dated: September 7, 2023. 

Joyce Connery, 

Chair. 

[FR Doc. 2023–19718 Filed 9–18–23; 8:45 am] 

BILLING CODE 3670–01–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1710 

[Docket No. DNFSB–2023–02] 

RIN 3155–AA02 

Federal Employee Salary Offset 

Procedures for the Collection of a Debt 

Owed to the Federal Government 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (Board) is issuing 

interim regulations to govern the 

collection of debts owed to the Board 

and to the United States by federal 

employees. 

DATES: This interim final rule is 

effective October 19, 2023. Comments 

must be submitted on or before October 

19, 2023. 

ADDRESSES: You may submit comments 

at any time prior to the comment 

deadline by the following methods: 

Email: Send an email to comment@

dnfsb.gov. Please include ‘‘Federal 

Employee Offset Procedures’’ in the 

subject line of your email. 

Mail: Send hard copy comments to 

the Defense Nuclear Facilities Safety 

Board, Attn: Office of the General 

Counsel, 625 Indiana Avenue NW, Suite 

700, Washington, DC 20004–2901. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Hargrave, Associate General 

Counsel, Defense Nuclear Facilities 

Safety Board, 625 Indiana Avenue NW, 

Suite 700, Washington, DC 20004–2901, 

(202) 694–7000. 

SUPPLEMENTARY INFORMATION: 

I. Background 

These regulations implement the debt 

collection procedures provided under 

section 5 of the Debt Collection Act 

(DCA), as amended, codified at 5 U.S.C. 

5514. The DCA authorizes the federal 

government to collect debts by offset 

from the salaries of federal employees 

without the employee’s consent, 

provided that the employee is properly 

notified and given the opportunity to 

exercise certain administrative rights. 

The DCA, codified at 5 U.S.C. 5514, 

made changes in the way executive 

agencies collect debts owed to the 

federal government. The purpose of the 

DCA is to improve the ability of the 

government to collect money owed to it. 

The DCA requires each agency to 

establish a salary offset program for the 

collection of debts owed by federal 

employees to the federal government. 

Before an agency may collect a debt by 

salary offset, an employee-debtor must 

be provided with notice of the debt and 

the opportunity to (1) inspect and copy 

government records relating to the debt, 

(2) enter into a written repayment 

agreement, and (3) request an impartial 

hearing on the agency’s determination 

of the existence or the amount of the 

debt. The employee must notify the 

agency of his or her intent to exercise 

these rights within the time prescribed 

in the agency’s regulations. 


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