204 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 

(B) The unit was installed on a 

permanent foundation complying with 

manufacturer and HUD installation 

standards. The foundation design meets 

HUD standards for manufactured 

housing; 

(C) The unit has not had any 

alterations or modifications since 

construction in the factory, except for 

porches, decks or other structures which 

were built to engineered designs or were 

approved and inspected by local code 

officials; and 

(D) The unit was constructed on or 

after a date determined by the Agency. 

* * * * * 

(e) HUD requirements. The FMHCSS 

and HUD requirements may be found in 

24 CFR part 3280. 

* * * * * 

Yvonne Hsu, 

Acting Administrator, Rural Housing Service. 

[FR Doc. 2024–30270 Filed 1–2–25; 8:45 am] 

BILLING CODE 3410–XV–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2024–0180] 

RIN 3150–AL21 

List of Approved Spent Fuel Storage 

Casks: NAC International, Inc. 

MAGNASTOR® 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. 

SUMMARY: 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. 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 pressurizedwater 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: Irene.Wu@nrc.gov, and 

Nishka Devaser, telephone: 301–415– 

5196, email: Nishka.Devaser@nrc.gov. 

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: 

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–2024–0180 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 


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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® 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-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. 

(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 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® 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 may, consistent 

with the license conditions under 

§ 72.212, load spent nuclear fuel into 

NAC International, Inc. MAGNASTOR®

Storage System casks that meet the 

criteria of the revised Amendment Nos. 

0 through 13 and new Amendment No. 


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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® Storage Cask System 

design listed in § 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 § 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. 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®

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® 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. 

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® 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 §§ 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 


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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® 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 (§ 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 § 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 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®

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 § 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. 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®

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® 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 § 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. 

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 § 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 


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vendor, NAC International, Inc. is not 

within the scope of the backfitting 

provisions in § 72.62. Under § 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®

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® 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 § 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 

§ 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 

§ 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 § 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®

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 § 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. 

Document 

ADAMS 

Accession No./ 

weblink/ 

Federal Register 

citation 

Proposed Certificate of Compliance and Proposed Technical Specifications 

Proposed Certificate of Compliance No. 1031, Amendment No. 14 ............................................................................................ ML24211A240 

Proposed Certificate of Compliance No. 1031, Amendment No. 14, Appendix A: Technical Specifications and Design Features ........................................................................................................................................................................................... ML24211A241 

Proposed Certificate of Compliance No. 1031, Amendment No. 14, Appendix B: Approved Contents ...................................... ML24211A242 

Proposed Certificate of Compliance No. 1031, Amendment No. 0, Revision 3 ........................................................................... ML24211A244 

Proposed Certificate of Compliance No. 1031, Amendment No. 0, Revision 3, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A245 

Proposed Certificate of Compliance No. 1031, Amendment No. 0, Revision 3, Appendix B: Approved Contents ..................... ML24211A246 

Proposed Certificate of Compliance No. 1031, Amendment No. 1, Revision 3 ........................................................................... ML24211A247 

Proposed Certificate of Compliance No. 1031, Amendment No. 1, Revision 3, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A248 

Proposed Certificate of Compliance No. 1031, Amendment No. 1, Revision 3, Appendix B: Approved Contents ..................... ML24211A249 

Proposed Certificate of Compliance No. 1031, Amendment No. 2, Revision 3 ........................................................................... ML24211A250 

Proposed Certificate of Compliance No. 1031, Amendment No. 2, Revision 3, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A251 

Proposed Certificate of Compliance No. 1031, Amendment No. 2, Revision 3, Appendix B: Approved Contents ..................... ML24211A252 

Proposed Certificate of Compliance No. 1031, Amendment No. 3, Revision 3 ........................................................................... ML24211A253 

Proposed Certificate of Compliance No. 1031, Amendment No. 3, Revision 3, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A254 

Proposed Certificate of Compliance No. 1031, Amendment No. 3, Revision 3, Appendix B: Approved Contents ..................... ML24211A255 

Proposed Certificate of Compliance No. 1031, Amendment No. 4, Revision 2 ........................................................................... ML24211A256 


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Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 209 

Document 

ADAMS 

Accession No./ 

weblink/ 

Federal Register 

citation 

Proposed Certificate of Compliance No. 1031, Amendment No. 4, Revision 2, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A257 

Proposed Certificate of Compliance No. 1031, Amendment No. 4, Revision 2, Appendix B: Approved Contents ..................... ML24211A258 

Proposed Certificate of Compliance No. 1031, Amendment No. 5, Revision 2 ........................................................................... ML24211A259 

Proposed Certificate of Compliance No. 1031, Amendment No. 5, Revision 2, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A260 

Proposed Certificate of Compliance No. 1031, Amendment No. 5, Revision 2, Appendix B: Approved Contents ..................... ML24211A261 

Proposed Certificate of Compliance No. 1031, Amendment No. 6, Revision 2 ........................................................................... ML24211A262 

Proposed Certificate of Compliance No. 1031, Amendment No. 6, Revision 2, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A263 

Proposed Certificate of Compliance No. 1031, Amendment No. 6, Revision 2, Appendix B: Approved Contents ..................... ML24211A264 

Proposed Certificate of Compliance No. 1031, Amendment No. 7, Revision 2 ........................................................................... ML24211A265 

Proposed Certificate of Compliance No. 1031, Amendment No. 7, Revision 2, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A266 

Proposed Certificate of Compliance No. 1031, Amendment No. 7, Revision 2, Appendix B: Approved Contents ..................... ML24211A267 

Proposed Certificate of Compliance No. 1031, Amendment No. 8, Revision 2 ........................................................................... ML24211A268 

Proposed Certificate of Compliance No. 1031, Amendment No. 8, Revision 2, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A269 

Proposed Certificate of Compliance No. 1031, Amendment No. 8, Revision 2, Appendix B: Approved Contents ..................... ML24211A270 

Proposed Certificate of Compliance No. 1031, Amendment No. 9, Revision 2 ........................................................................... ML24211A271 

Proposed Certificate of Compliance No. 1031, Amendment No. 9, Revision 2, Appendix A: Technical Specifications and Design Features ............................................................................................................................................................................. ML24211A272 

Proposed Certificate of Compliance No. 1031, Amendment No. 9, Revision 2, Appendix B: Approved Contents ..................... ML24211A273 

Proposed Certificate of Compliance No. 1031, Amendment No. 10, Revision 1 ......................................................................... ML24211A274 

Proposed Certificate of Compliance No. 1031, Amendment No. 10, Revision 1, Appendix A: Technical Specifications and 

Design Features ......................................................................................................................................................................... ML24211A275 

Proposed Certificate of Compliance No. 1031, Amendment No. 10, Revision 1, Appendix B: Approved Contents ................... ML24211A276 

Proposed Certificate of Compliance No. 1031, Amendment No. 11, Revision 1 ......................................................................... ML24211A277 

Proposed Certificate of Compliance No. 1031, Amendment No. 11, Revision 1, Appendix A: Technical Specifications and 

Design Features ......................................................................................................................................................................... ML24211A278 

Proposed Certificate of Compliance No. 1031, Amendment No. 11, Revision 1, Appendix B: Approved Contents ................... ML24211A279 

Proposed Certificate of Compliance No. 1031, Amendment No. 12, Revision 1 ......................................................................... ML24211A280 

Proposed Certificate of Compliance No. 1031, Amendment No. 12, Revision 1, Appendix A: Technical Specifications and 

Design Features ......................................................................................................................................................................... ML24211A281 

Proposed Certificate of Compliance No. 1031, Amendment No. 12, Revision 1, Appendix B: Approved Contents ................... ML24211A282 

Proposed Certificate of Compliance No. 1031, Amendment No. 13, Revision 1 ......................................................................... ML24211A283 

Proposed Certificate of Compliance No. 1031, Amendment No. 13, Revision 1, Appendix A: Technical Specifications and 

Design Features ......................................................................................................................................................................... ML24211A284 

Proposed Certificate of Compliance No. 1031, Amendment No. 13, Revision 1, Appendix B: Approved Contents ................... ML24211A285 

Preliminary Safety Evaluation Report, Certificate of Compliance No. 1031, Amendment No. 14 and Revision to Amendment 

Nos. 0 through 13 ...................................................................................................................................................................... ML24211A243 

NAC International, Inc. MAGNASTOR® Storage System Amendment No. 14 and Revisions to Amendment Nos. 0 through 13 Request 

Documents 

NAC International, Inc., Submission of an Amendment Request for the MAGNASTOR® Cask System, Amendment No. 14, 

dated July 24, 2023 ................................................................................................................................................................... ML23205A238 

NAC International, Inc., Submission of Data Files to Support the NRC Review of MAGNASTOR® Amendment No. 14, dated 

July 24, 2023 .............................................................................................................................................................................. ML23208A062 

NAC International, Inc., Submission of Responses to the NRC Request for Additional Information for MAGNASTOR® Cask 

System, Amendment No. 14, dated June 26, 2024 .................................................................................................................. ML24179A071 

(package) 

NAC International, Inc., Supplement to the Amendment Request No. 14 for the MAGNASTOR® Cask System, dated October 18, 2023 ............................................................................................................................................................................... ML23291A167 

NAC International, Inc., Supplement to the Amendment Request No. 14 for the MAGNASTOR® Cask System, dated August 

6, 2024 ....................................................................................................................................................................................... ML24219A227 

NAC International, Inc., MAGNASTOR® Cask System Users Certificate of Compliance No. 1031 Amendment Nos. 0 

through 9 Intent to Adopt Letters, dated August 4, 2022 .......................................................................................................... ML22216A110 

Other Documents 

Rulemaking Memorandum for Amendment No. 14 and Revision to Amendment Nos. 0 through 13 for the MAGNASTOR®

Storage System, dated September 20, 2024 ............................................................................................................................ ML24211A239 

Final Rule, ‘‘Storage of Spent Fuel in NRC-Approved Storage Casks at Power Reactor Sites,’’ published July 18, 1990 ........ 55 FR 29181 

Final Rule, ‘‘List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition,’’ published November 21, 2008 ................. 73 FR 70587 

Revision to Policy Statement, ‘‘Agreement State Program Policy Statement; Correction,’’ published October 18, 2017 ........... 82 FR 48535 

Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 ............................................... 63 FR 31885 

Regulatory Issue Summary 2017–05, ‘‘Administration of 10 CFR Part 72 Certificate of Compliance Corrections and Revisions’’ ......................................................................................................................................................................................... ML17165A183 


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210 Federal Register / Vol. 90, No. 2 / Friday, January 3, 2025 / Rules and Regulations 

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 

■ 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. 

■ 2. In § 72.214, Certificate of 

Compliance No. 1031 is revised to read 

as follows: 

§ 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® System. 

Docket Number: 72–1031. 

Certificate Expiration Date: February 

4, 2029. 

Model Number: MAGNASTOR®. 

* * * * * 

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 

FEDERAL ELECTION COMMISSION 

11 CFR Part 111 

[NOTICE 2024–31] 

Civil Monetary Penalties Annual 

Inflation Adjustments 

AGENCY: Federal Election Commission. 

ACTION: Final rules. 

SUMMARY: As required by the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, the Federal Election 

Commission is adjusting for inflation 

the civil monetary penalties established 

under the Federal Election Campaign 

Act, the Presidential Election Campaign 

Fund Act, and the Presidential Primary 

Matching Payment Account Act. The 

civil monetary penalties being adjusted 

are those negotiated by the Commission 

or imposed by a court for certain 

statutory violations, and those imposed 

by the Commission for late filing of or 

failure to file certain reports required by 

the Federal Election Campaign Act. The 

adjusted civil monetary penalties are 

calculated according to a statutory 

formula and the adjusted amounts will 

apply to penalties assessed after the 

effective date of these rules. 

DATES: The final rules are effective on 

January 3, 2025. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Knop, Assistant General 

Counsel, Mr. Joseph P. Wenzinger, 

Attorney, or Ms. Terrell D. Stansbury, 


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