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[Federal Register Volume 90, Number 2 (Friday, January 3, 2025)]
[Proposed Rules]
[Pages 268-271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31096]

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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: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its spent fuel 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

[[Page 269]]

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: Submit comments by February 3, 2025. 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.

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 proposed 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. Plain Writing
V. 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 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

    Because the NRC considers this action to be non-controversial, the 
NRC is publishing this proposed rule concurrently with a direct final 
rule in the Rules and Regulations section of this issue of the Federal 
Register. The direct final rule will become effective on March 19, 
2025. However, if the NRC receives any significant adverse comment by 
February 3, 2025, then the NRC will publish a document that withdraws 
the direct final rule. If the direct final rule is withdrawn, the NRC 
will address the comments in a subsequent final rule. In general, 
absent significant modifications to the proposed revisions requiring 
republication, the NRC will not initiate a second comment period on 
this action in the event the direct final rule is withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC 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.
    For a more detailed discussion of the proposed rule changes and 
associated analyses, see the direct final rule published in the Rules 
and Regulations section of this issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation

[[Page 270]]

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. 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 the proposed rule with respect to 
clarity and effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

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                                                        ADAMS accession
                                                         No./web link/
                       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.........................
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........................

[[Page 271]]

 
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
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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''.....................................
------------------------------------------------------------------------

    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.

    Dated: December 20, 2024.
    For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2024-31096 Filed 1-2-25; 8:45 am]
BILLING CODE 7590-01-P
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