35862 Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules and Regulations 

Document ADAMS 

accession No. 

Submittal of Request for NAC International NAC–UMS Universal Storage System, Certificate of Compliance No. 1015, 

Amendment No. 9 dated July 30, 2021.

ML21222A017 

(package) 

Proposed Certificate of Compliance for NAC International NAC–UMS Universal Storage System, Certificate of Compliance 

No. 1015, Amendment No. 9.

ML21313A071 

Safety Evaluation Report for NAC International NAC–UMS Certificate of Compliance No. 1015, Amendment 9 ......................... ML21312A495 

Corrected pages B–2, B–4, and B3–2 from NAC International NAC–UMS Certificate of Compliance No. 1015, Amendment 8 

Technical Specifications (Appendix B).

ML21312A499 

Proposed Technical Specifications (Appendix A) for NAC International NAC–UMS Certificate of Compliance No. 1015, 

Amendment 9.

ML21312A501 

Proposed Technical Specifications (Appendix B) for NAC International NAC–UMS Certificate of Compliance No. 1015, 

Amendment 9.

ML21312A500 

User Need Memorandum for forwarding Certificate of Compliance, Technical Specifications and Safety Evaluation Report for 

NAC International NAC–UMS Certificate of Compliance No. 1015, Amendment 9.

ML21312A488 

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–2022–0049. 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– 

2022–0049); (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. 1015 is revised to read 

as follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1015. 

Initial Certificate Effective Date: 

November 20, 2000. 

Amendment Number 1 Effective Date: 

February 20, 2001. 

Amendment Number 2 Effective Date: 

December 31, 2001. 

Amendment Number 3 Effective Date: 

March 31, 2004. 

Amendment Number 4 Effective Date: 

October 11, 2005. 

Amendment Number 5 Effective Date: 

January 12, 2009. 

Amendment Number 6 Effective Date: 

January 7, 2019. 

Amendment Number 7 Effective Date: 

July 29, 2019. 

Amendment Number 8 Effective Date: 

October 19, 2021, as corrected (ADAMS 

Accession No. ML21312A499). 

Amendment Number 9 Effective Date: 

August 29, 2022. 

SAR Submitted by: NAC 

International, Inc. 

SAR Title: Final Safety Analysis 

Report for the NAC–UMS Universal 

Storage System. 

Docket Number: 72–1015. 

Certificate Expiration Date: November 

20, 2020. 

Model Number: NAC–UMS. 

* * * * * 

Dated: June 1, 2022. 

For the Nuclear Regulatory Commission. 

Daniel H. Dorman, 

Executive Director for Operations. 

[FR Doc. 2022–12746 Filed 6–13–22; 8:45 am] 

BILLING CODE 7590–01–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1707 

[Docket No. DNFSB–2022–0001] 

Testimony by DNFSB Employees and 

Production of Official Records in Legal 

Proceedings 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (DNFSB or 

Board) is confirming the effective date 

of July 14, 2022, for the direct final rule 

that was published in the Federal 

Register on April 15, 2022. The direct 

final rule revised the Board’s Touhy 

regulations to clarify that they only 

apply when the United States or DNFSB 

is not a party in the underlying legal 

proceeding. 

DATES: The effective date of July 14, 

2022, for the direct final rule published 

April 15, 2022 (87 FR 22436), is 

confirmed. 

ADDRESSES: DNFSB’s General Counsel 

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

office-general-counsel and click 

‘‘Rulemaking–DNFSB–2022–0001’’ to 

access publicly available information 

related to this rulemaking. 

FOR FURTHER INFORMATION CONTACT: Eric 

Fox, Associate General Counsel, Defense 

Nuclear Facilities Safety Board, 625 

Indiana Avenue NW, Suite 700, 

Washington, DC 20004–2901, (202) 694– 

7000. 

SUPPLEMENTARY INFORMATION: On April 

15, 2022 (87 FR 22436), the DNFSB 

published a direct final rule amending 

its regulations in part 1707 of title 10 of 

the Code of Federal Regulations 

regarding testimony by DNFSB 

employees and production of 

documents in legal proceedings. The 

DNFSB published this direct final rule 


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Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules and Regulations 35863 

1The court stayed its vacatur of the rule for 45 

days from the date of the order. 

to clarify that the regulations do not 

apply to legal proceedings in which the 

DNFSB or United States is not a party. 

In the direct final rule, the DNFSB 

stated that if no significant adverse 

comments were received, the direct 

final rule would become effective on 

July 14, 2022. The DNFSB received no 

comments, and the direct final rule will 

become effective as scheduled. 

Dated: June 9, 2022. 

Joyce Connery, 

Chair. 

[FR Doc. 2022–12784 Filed 6–13–22; 8:45 am] 

BILLING CODE 3670–01–P 

FEDERAL ELECTION COMMISSION 

11 CFR Part 109 

[Notice 2022–13] 

Reporting Independent Expenditures 

AGENCY: Federal Election Commission. 

ACTION: Interim final rule. 

SUMMARY: The Federal Election 

Commission is removing a regulation 

requiring that certain persons making 

independent expenditures disclose on 

their reports the identification of each 

person who made a contribution over 

$200 to the persons filing such reports 

‘‘for the purpose of furthering the 

reported independent expenditure.’’ 

The Commission is taking this action to 

comply with the decision of the United 

States Court of Appeals for the District 

of Columbia Circuit, which affirmed a 

district court decision holding that the 

disclosure regulation was invalid. The 

Commission is accepting comments on 

this revision to its regulation and any 

comments received may be addressed in 

a subsequent rulemaking document. 

Further information is provided in the 

SUPPLEMENTARY INFORMATION that 

follows. 

DATES: The interim final rule is effective 

on September 30, 2022. Comments must 

be received on or before July 14, 2022. 

ADDRESSES: All comments must be in 

writing. Commenters are encouraged to 

submit comments electronically via the 

Commission’s website at https://

sers.fec.gov/fosers/, reference REG 

2020–05. Alternatively, commenters 

may submit comments in paper form, 

addressed to the Federal Election 

Commission, Attn.: Mr. Robert M. Knop, 

Assistant General Counsel, 1050 First 

Street NE, Washington, DC 20463. 

Each commenter must provide, at a 

minimum, his or her first name, last 

name, city, and state. All properly 

submitted comments, including 

attachments, will become part of the 

public record, and the Commission will 

make comments available for public 

viewing on the Commission’s website 

and in the Commission’s Public Records 

Office. Accordingly, commenters should 

not provide in their comments any 

information that they do not wish to 

make public, such as a home street 

address, personal email address, date of 

birth, phone number, social security 

number, or driver’s license number, or 

any information that is restricted from 

disclosure, such as trade secrets or 

commercial or financial information 

that is privileged or confidential. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Knop, Assistant General 

Counsel, or Ms. Joanna S. 

Waldstreicher, Attorney, 1050 First 

Street NE, Washington, DC 20463, (202) 

694–1650 or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: The 

Federal Election Campaign Act (the 

‘‘Act’’) provides that any person that is 

not a political committee and that 

makes independent expenditures 

aggregating in excess of $250 per 

calendar year must file a statement 

containing certain information about the 

funds they received and spent, 

including identifying each person (other 

than a political committee) whose 

contributions to the person filing such 

statement aggregated in excess of $200 

within the calendar year, together with 

the date and amount of such 

contribution. 52 U.S.C. 30104(c)(1); see 

also 52 U.S.C. 30104(b)(3)(A). The Act 

also provides that the statement must 

identify ‘‘each person who made a 

contribution in excess of $200 to the 

person filing such statement which was 

made for the purpose of furthering an 

independent expenditure.’’ 52 U.S.C. 

30104(c)(2)(C). 

To implement these and other 

independent expenditure reporting 

provisions of the Act, the Commission 

promulgated the regulation at 11 CFR 

109.10, requiring that ‘‘[e]very person 

that is not a political committee and that 

makes independent expenditures 

aggregating in excess of $250 with 

respect to a given election in a calendar 

year shall file a verified statement or 

report . . .’’ including certain 

information about the expenditures and 

‘‘[t]he identification of each person who 

made a contribution in excess of $200 

to the person filing such report, which 

contribution was made for the purpose 

of furthering the reported independent 

expenditure.’’ 11 CFR 109.10(b), 

(e)(1)(vi). 

On Aug. 3, 2018, the United States 

District Court for the District of 

Columbia Circuit held that the 

regulation at 11 CFR 109.10(e)(1)(vi) is 

invalid because it conflicts with the 

terms of the statute, which ‘‘mandate 

significantly more disclosure than that 

required by the challenged regulation.’’ 

CREW v. FEC, 316 F. Supp. 3d 349, 410 

(D.D.C. 2018). The district court held 

that 52 U.S.C. 30104(c)(1) ‘‘plainly 

requires broader disclosure than just 

those donors making contributions for 

the purposes of funding the 

independent expenditures made by the 

reporting entity.’’ Id. at 389. The district 

court further held that the regulation 

‘‘substantially narrows subsection 

(c)(2)’’ of the statute, id. at 394, and that 

‘‘the challenged regulation’s 

substitution of ‘the reported’ for ‘an’ is 

not in accord with the statutory text.’’ 

Id. at 406. The district court therefore 

vacated the regulation, effective 

September 17, 2018. Order, CREW v. 

FEC, No. 16–259 (Aug. 3, 2018) at 2.1

Shortly after the vacatur of the 

regulation became effective, the 

Commission issued guidance on how 

persons other than political committees 

should report their independent 

expenditures following the court’s 

decision, available at: https://

www.fec.gov/updates/fec-providesguidance-following-us-district-courtdecision-crew-v-fec-316-f-supp-3d-349- 

ddc-2018/. 

On August 21, 2020, the U.S. Court of 

Appeals for the District of Columbia 

Circuit affirmed the district court’s 

decision. CREW v. FEC, 971 F.3d 340 

(D.C. Cir 2020). The D.C. Circuit found 

that 11 CFR 109.10 ‘‘disregards [52 

U.S.C. 30104](c)(1)’s requirement that IE 

makers disclose each donation from 

contributors who give more than $200 

. . . .’’ Id. at 350–51. It also found that 

the regulation ‘‘impermissibly narrows 

[52 U.S.C. 30104](c)(2)(C)’s requirement 

that contributors be identified if their 

donations are ‘made for the purpose of 

furthering an independent 

expenditure’ ’’ by requiring disclosure 

only of donations linked to a particular 

independent expenditure. Id. at 351. 

The court concluded that, because the 

statute ‘‘establishes a broader disclosure 

mandate than the [Commission’s] Rule 

ostensibly implementing it, the Rule is 

invalid.’’ Id. at 356. 

Commissioners have previously made 

efforts to reach consensus on revising 

the regulatory description of the 

reporting requirements, but were unable 

to find agreement by the required four 

affirmative votes. 

In order to conform with the court 

opinion, the Commission is now 

striking 11 CFR 109.10(e)(1)(vi). The 


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