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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Rules and Regulations]
[Pages 204-210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31095]

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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2024-0180]
RIN 3150-AL21

List of Approved Spent Fuel Storage Casks: NAC International, 
Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 
1031, Amendment No. 14 and Revisions to Amendment Nos. 0 Through 13

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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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. 14 and revisions to 
Amendment Nos. 0 through 13 to Certificate of Compliance No. 1031. 
Amendment No. 14 and revisions to Amendment Nos. 0 through 13 revise 
the certificate of compliance to add a revised method of evaluation for 
the non-mechanistic tipover accident, clarify in the technical 
specifications that damaged missing grid spacers only apply to 
pressurized-water reactor fuel assembles, clarify inlet and outlet vent 
blockage and surveillance requirements in limiting condition for 
operation 3.1.2 in Appendix A to the certificate of compliance and 
associated technical specification bases, and remove the reference to 
Type II Portland cement in the description of the certificate of 
compliance. The NRC is also correcting typographical errors in Revision 
1 to Amendment Nos. 11 to 13 and Amendment No. 14 to Certificate of 
Compliance No. 1031.

DATES: This direct final rule is effective March 19, 2025, unless 
significant adverse comments are received by February 3, 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direct final rule is withdrawn as a result of such comments, timely 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 will also be considered to be comments on a companion proposed 
rule published in the Proposed Rules section of this issue of the 
Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID NRC-2024-0180, 
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-2024-0180. 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 Nishka Devaser, telephone: 301-415-5196, 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-2024-0180 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-2024-0180. 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-2024-0180 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 comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for

[[Page 205]]

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. 14 
and revisions to Amendment Nos. 0 through 13 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 March 19, 
2025. However, if the NRC receives any significant adverse comment on 
this direct final rule by February 3, 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 as Certificate of 
Compliance No. 1031.

IV. Discussion of Changes

    On July 24, 2023, NAC International, Inc. submitted a request to 
the NRC to amend Certificate of Compliance No. 1031. NAC International, 
Inc. supplemented its request on June 26, 2024, October 18, 2023, and 
August 6, 2024. Amendment No. 14 and revisions to Amendment Nos. 0 
through 13 revise the certificate of compliance to add a revised method 
of evaluation for the non-mechanistic tipover accident, clarify in the 
technical specifications that damaged missing grid spacers only apply 
to pressurized-water reactor fuel assembles, clarify inlet and outlet 
vent blockage and surveillance requirements in limiting condition for 
operation 3.1.2 in Appendix A to the certificate of compliance and 
associated technical specification bases, and remove the reference to 
Type II Portland cement in the description of the certificate of 
compliance. The NRC is also correcting several typographical errors in: 
(1) tables B2-10c and B2-10d in Revision 1 to Amendment Nos. 11 through 
13 and (2) the section numbering in Appendix B to Amendment No. 14 and 
Revision 1 to Amendment No. 13. The changes to the aforementioned 
documents are identified with revisions bars in the margin of each 
document.
    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. 14 and revisions to Amendment Nos. 0 
through 13 would remain well within the limits specified by 10 CFR part 
20, ``Standards for Protection Against Radiation.'' Thus, the NRC found 
there will be 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 staff 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 may, consistent with the license conditions under Sec.  72.212, 
load spent nuclear fuel into NAC International, Inc. MAGNASTOR[supreg] 
Storage System casks that meet the criteria of the revised Amendment 
Nos. 0 through 13 and new Amendment No.

[[Page 206]]

14 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, ``List of approved spent fuel storage casks.'' 
This action does not constitute the establishment of a standard that 
contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``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).

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.

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. 
14 and to include revisions to Amendment Nos. 0 through 13 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. 14 and revisions to Amendment Nos. 0 through 13 revise the 
certificate of compliance to add a revised method of evaluation for the 
non-mechanistic tipover accident, clarify in the technical 
specifications that damaged missing grid spacers only apply to 
pressurized-water reactor fuel assembles, clarify inlet and outlet vent 
blockage and surveillance requirements in limiting condition for 
operation 3.1.2 in Appendix A to the certificate of compliance and 
associated technical specification bases, and remove the reference to 
Type II Portland cement in the description of the certificate of 
compliance.

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. 14 and revisions to 
Amendment Nos. 0 through 13 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.
    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. 14 and revisions to 
Amendment Nos. 0 through 13 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. 
14 and revisions to Amendment Nos. 0 through 13 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. 14 and revisions to Amendment Nos. 
0 through 13 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. 14 and revisions to Amendment Nos. 0 
through 13 to Certificate of Compliance No. 1031 would result in no 
irreversible and

[[Page 207]]

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. 14 and Revisions to Amendment Nos. 0 through 13,'' will 
not have a significant effect on the human environment. Therefore, the 
NRC has determined that an environmental impact statement is not 
necessary for this direct final rule.

IX. Paperwork Reduction Act Statement

    This direct final rule does not contain any new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget, 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 July 24, 2023, and as supplemented on June 26, 2024, October 18, 
2023, and August 6, 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. 14 and revisions to Amendment Nos. 0 through 13 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. 14 and revisions to Amendment Nos. 0 
through 13 to request an exemption from the requirements of Sec.  
72.212 and Sec.  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. 14 and revisions to Amendment Nos. 0 through 13 
previously described, as set forth in the revised certificate of 
compliance and technical specifications.
    Amendment No. 14 to Certificate of Compliance No. 1031 for the NAC 
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. 14 applies 
only to new casks fabricated and used under Amendment No. 14. These 
changes do not affect existing users of the NAC International, Inc. 
MAGNASTOR[supreg] Storage System, and the current Amendment No. 13 
continues to be effective for existing users. While current users of 
this storage system may comply with the new requirements in Amendment 
No. 14, this would be a voluntary decision on the part of current 
users. For these reasons, Amendment No. 14 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.
    The general licensees using Amendment Nos. 0 through 13 that are 
being revised are required to meet the conditions of the revised 
certificates of compliance. The NRC added a condition to the revised 
certificates of compliance that require the general licensee to 
implement the revised certificates of compliance within 6 months and 
perform written evaluations in accordance with Sec.  72.212(b)(5), 
which establish that the cask will conform to the terms, conditions, 
and specifications of the revised certificates of compliance. The 6-
month timeframe in the condition is considered a standard timeframe for 
implementation, consistent with the information in Regulatory Issue 
Summary 2017-05, ``Administration of 10 CFR part 72 Certificate of 
Compliance Corrections and Revisions.''
    NAC International, Inc. has manufactured casks under the existing 
Certificate of Compliance No. 1031, Amendment Nos. 0 through 13, that 
are being revised by this final rule. As the

[[Page 208]]

vendor, NAC International, Inc. is not within the scope of the 
backfitting provisions in Sec.  72.62. Under Sec.  72.62, general 
licensees are entities that are within the scope of the backfitting 
regulations. However, according to NAC International, Inc., no general 
licensees have purchased the MAGNASTOR[supreg] Storage System under 
Certificate of Compliance No. 1031, Amendment Nos. 0 through 5, 
Amendment No. 8, and Amendment Nos. 10 through 12. In addition, by 
letter dated October 18, 2023, NAC International, Inc. provided letters 
from all its users for the MAGNASTOR[supreg] Storage System. None of 
the users in the letters are using Amendment Nos. 0 through 5, 
Amendment No. 8, and Amendment Nos. 10 through 12. Therefore, because 
Certificate of Compliance No. 1031, Amendment Nos. 0 through 5, 
Amendment No. 8, and Amendment Nos. 10 through 12 are not in use by a 
licensee and no licensee has contracted with NAC International, Inc. to 
utilize storage casks for these amendments, the changes in the revision 
to Certificate of Compliance No. 1031, Amendment Nos. 0 through 5, 
Amendment No. 8, and Amendment Nos. 10 through 12, which are approved 
in this direct final rule, do not fall within the definition of 
backfitting under Sec.  72.62.
    Dominion Energy Kewaunee at the Kewaunee independent spent fuel 
storage installation and ZionSolutions at its independent spent fuel 
storage installation are the two general licensees using revision 1 to 
Amendment No. 6 that could be affected by the issuance of revision 2 to 
Amendment No. 6. In a letter to NAC International, Inc., Dominion 
Energy Kewaunee stated that it would voluntarily adopt revision 2 to 
Amendment No. 6. Zion Solutions also stated in a letter that it intends 
to implement the revised certificate after its issuance. Because both 
licensees voluntarily intend to implement the revision, the issuance of 
revision 2 to Amendment No. 6 does not fall within the definition of 
backfitting under Sec.  72.62.
    Arizona Public Service Company at the Palo Verde independent spent 
fuel storage installation and Duke Energy at the Catawba and McGuire 
independent spent fuel storage installations are the general licensees 
using revision 1 to Amendment No. 7 that could be affected by the 
issuance of revision 2 to Amendment No. 7. In their letters to NAC 
International, Inc., Arizona Public Service Company and Duke Energy 
stated that they intend to implement revision 2 to Amendment No. 7. 
Therefore, because the licensees voluntarily intend to implement the 
revision, issuance of revision 2 to Amendment No. 7 does not fall 
within the definition of backfitting under Sec.  72.62.
    Constellation Energy Generation at its Three Mile Island Unit 1 
independent spent fuel storage installation is the only general 
licensee using revision 1 to Amendment No. 9 that could be affected by 
the issuance of revision 2 to Amendment No. 9. In its letter to NAC 
International, Inc., Constellation Energy Generation stated that it 
intends to implement revision 2 to Amendment No. 9 in a timely manner 
after NRC approval of the revision has been received. Therefore, 
because the licensee voluntarily intends to implement the revision, 
issuance of revision 2 to Amendment No. 9 does not fall within the 
definition of backfitting under Sec.  72.62.
    Three Mile Island Nuclear Station, Unit 2 Solutions contracted with 
NAC International, Inc. to utilize storage casks using Amendment No. 13 
and could be affected by the issuance of revision 1 to Amendment No. 
13. In its letter to NAC International, Inc., Three Mile Island Nuclear 
Station, Unit 2 Solutions stated that it intends to implement the 
revised certificate for Amendment No. 13 for MAGNASTOR[supreg] Storage 
System at the Three Mile Island Nuclear Station, Unit 2, independent 
spent fuel storage installation after NRC approval of the revision. 
Therefore, because Three Mile Island Nuclear Station, Unit 2 Solutions 
voluntarily intends to implement the revision, issuance of revision 1 
to Amendment No. 13 does not fall within the definition of backfitting 
under Sec.  72.62.

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./  weblink/
                       Document                         Federal Register
                                                            citation
------------------------------------------------------------------------
Proposed Certificate of Compliance and Proposed Technical Specifications
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,                 ML24211A240
 Amendment No. 14....................................
Proposed Certificate of Compliance No. 1031,                 ML24211A241
 Amendment No. 14, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A242
 Amendment No. 14, Appendix B: Approved Contents.....
Proposed Certificate of Compliance No. 1031,                 ML24211A244
 Amendment No. 0, Revision 3.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A245
 Amendment No. 0, Revision 3, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A246
 Amendment No. 0, Revision 3, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A247
 Amendment No. 1, Revision 3.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A248
 Amendment No. 1, Revision 3, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A249
 Amendment No. 1, Revision 3, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A250
 Amendment No. 2, Revision 3.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A251
 Amendment No. 2, Revision 3, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A252
 Amendment No. 2, Revision 3, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A253
 Amendment No. 3, Revision 3.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A254
 Amendment No. 3, Revision 3, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A255
 Amendment No. 3, Revision 3, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A256
 Amendment No. 4, Revision 2.........................

[[Page 209]]

 
Proposed Certificate of Compliance No. 1031,                 ML24211A257
 Amendment No. 4, Revision 2, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A258
 Amendment No. 4, Revision 2, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A259
 Amendment No. 5, Revision 2.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A260
 Amendment No. 5, Revision 2, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A261
 Amendment No. 5, Revision 2, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A262
 Amendment No. 6, Revision 2.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A263
 Amendment No. 6, Revision 2, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A264
 Amendment No. 6, Revision 2, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A265
 Amendment No. 7, Revision 2.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A266
 Amendment No. 7, Revision 2, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A267
 Amendment No. 7, Revision 2, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A268
 Amendment No. 8, Revision 2.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A269
 Amendment No. 8, Revision 2, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A270
 Amendment No. 8, Revision 2, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A271
 Amendment No. 9, Revision 2.........................
Proposed Certificate of Compliance No. 1031,                 ML24211A272
 Amendment No. 9, Revision 2, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A273
 Amendment No. 9, Revision 2, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A274
 Amendment No. 10, Revision 1........................
Proposed Certificate of Compliance No. 1031,                 ML24211A275
 Amendment No. 10, Revision 1, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A276
 Amendment No. 10, Revision 1, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A277
 Amendment No. 11, Revision 1........................
Proposed Certificate of Compliance No. 1031,                 ML24211A278
 Amendment No. 11, Revision 1, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A279
 Amendment No. 11, Revision 1, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A280
 Amendment No. 12, Revision 1........................
Proposed Certificate of Compliance No. 1031,                 ML24211A281
 Amendment No. 12, Revision 1, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A282
 Amendment No. 12, Revision 1, Appendix B: Approved
 Contents............................................
Proposed Certificate of Compliance No. 1031,                 ML24211A283
 Amendment No. 13, Revision 1........................
Proposed Certificate of Compliance No. 1031,                 ML24211A284
 Amendment No. 13, Revision 1, Appendix A: Technical
 Specifications and Design Features..................
Proposed Certificate of Compliance No. 1031,                 ML24211A285
 Amendment No. 13, Revision 1, Appendix B: Approved
 Contents............................................
Preliminary Safety Evaluation Report, Certificate of         ML24211A243
 Compliance No. 1031, Amendment No. 14 and Revision
 to Amendment Nos. 0 through 13......................
------------------------------------------------------------------------
 NAC International, Inc. MAGNASTOR[supreg] Storage System Amendment No.
    14 and Revisions to Amendment Nos. 0 through 13 Request Documents
------------------------------------------------------------------------
NAC International, Inc., Submission of an Amendment          ML23205A238
 Request for the MAGNASTOR[supreg] Cask System,
 Amendment No. 14, dated July 24, 2023...............
NAC International, Inc., Submission of Data Files to         ML23208A062
 Support the NRC Review of MAGNASTOR[supreg]
 Amendment No. 14, dated July 24, 2023...............
NAC International, Inc., Submission of Responses to          ML24179A071
 the NRC Request for Additional Information for                (package)
 MAGNASTOR[supreg] Cask System, Amendment No. 14,
 dated June 26, 2024.................................
NAC International, Inc., Supplement to the Amendment         ML23291A167
 Request No. 14 for the MAGNASTOR[supreg] Cask
 System, dated October 18, 2023......................
NAC International, Inc., Supplement to the Amendment         ML24219A227
 Request No. 14 for the MAGNASTOR[supreg] Cask
 System, dated August 6, 2024........................
NAC International, Inc., MAGNASTOR[supreg] Cask              ML22216A110
 System Users Certificate of Compliance No. 1031
 Amendment Nos. 0 through 9 Intent to Adopt Letters,
 dated August 4, 2022................................
------------------------------------------------------------------------
                             Other Documents
------------------------------------------------------------------------
Rulemaking Memorandum for Amendment No. 14 and               ML24211A239
 Revision to Amendment Nos. 0 through 13 for the
 MAGNASTOR[supreg] Storage System, dated September
 20, 2024............................................
Final Rule, ``Storage of Spent Fuel in NRC-Approved          55 FR 29181
 Storage Casks at Power Reactor Sites,'' published
 July 18, 1990.......................................
Final Rule, ``List of Approved Spent Fuel Storage            73 FR 70587
 Casks: MAGNASTOR Addition,'' published November 21,
 2008................................................
Revision to Policy Statement, ``Agreement State              82 FR 48535
 Program Policy Statement; Correction,'' published
 October 18, 2017....................................
Presidential Memorandum, ``Plain Language in                 63 FR 31885
 Government Writing,'' published June 10, 1998.......
Regulatory Issue Summary 2017-05, ``Administration of        ML17165A183
 10 CFR Part 72 Certificate of Compliance Corrections
 and Revisions''.....................................
------------------------------------------------------------------------

[[Page 210]]

    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-2024-0180. 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-2024-0180); (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), 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.
    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: December 20, 2024.

    For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2024-31095 Filed 1-2-25; 8:45 am]
BILLING CODE 7590-01-P
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