35858 Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules and Regulations 

a nominal consideration, or at a 

consideration that is reduced for the 

purpose of assisting the recipient or in 

recognition of the public interest to be 

served by such sale, lease, or furnishing 

of services to the recipient; or any 

improvements made with Federal 

financial assistance extended to the 

State by USDA. This assistance also 

includes any Federal agreement, 

arrangement, or other contract that has 

as one of its purposes the provision of 

cash assistance for the purchase of food, 

cash assistance for purchase or rental of 

food service equipment or any other 

financial assistance extended in reliance 

on the representations and agreements 

made in this assurance. 

By accepting this assurance, the State 

agency agrees to compile data, maintain 

records, and submit records and reports 

as required, to permit effective 

enforcement of nondiscrimination laws 

and permit authorized USDA personnel 

during hours of program operation to 

review and copy such records, books, 

and accounts, access such facilities and 

interview such personnel as needed to 

ascertain compliance with the 

nondiscrimination laws. If there are any 

violations of this assurance, USDA, 

FNS, shall have the right to seek judicial 

enforcement of this assurance. This 

assurance is binding on the State 

agency, its successors, transferees and 

assignees as long as it receives 

assistance or retains possession of any 

assistance from USDA. The person or 

persons whose signatures appear below 

are authorized to sign this assurance on 

behalf of the State agency. 

3. (For States with Indian 

Reservations only). Implement the 

Program in a manner that is responsive 

to the special needs of American 

Indians on reservations and consult in 

good faith with tribal organizations 

about that portion of the State’s Plan of 

Operation pertaining to the 

implementation of the Program for 

members of the tribe on reservations. 

4. FNS agrees to: 1. Pay administrative 

costs in accordance with the Food and 

Nutrition Act of 2008, implementing 

regulations, and an approved Cost 

Allocation Plan. 

2. Carry out any other responsibilities 

delegated by the Secretary in the Food 

and Nutrition Act of 2008, as amended. 

Date llllllllllllllllll

Signature llllllllllllllll

(Chief Executive Officer of a State or 

Authorized Designee) 

Date llllllllllllllllll

Signature llllllllllllllll

(Regional Administrator, FNS) 

* * * * * 

Cynthia Long, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2022–12748 Filed 6–13–22; 8:45 am] 

BILLING CODE 3410–30–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2022–0049] 

RIN 3150–AK76 

List of Approved Spent Fuel Storage 

Casks: NAC International NAC–UMS 

Universal Storage System, Certificate 

of Compliance No. 1015, Amendment 

No. 9 

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 NAC– 

UMS Universal Storage System listing 

within the ‘‘List of approved spent fuel 

storage casks’’ to include Amendment 

No. 9 to Certificate of Compliance No. 

1015. Amendment No. 9 revises the 

certificate of compliance to correct the 

effective thermal properties for 

pressurized-water reactor fuel 

assemblies used in the certification 

basis ANSYS thermal models and to 

update modeling assumptions. In 

addition, this direct final rule makes 

editorial corrections to Amendment No. 

8. 

DATES: This direct final rule is effective 

August 29, 2022, unless significant 

adverse comments are received by July 

14, 2022. 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–2022– 

0049, 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. 

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: 

Bernard White, Office of Nuclear 

Material Safety and Safeguards; 

telephone: 301–415–6577, email: 

Bernard.White@nrc.gov and Vanessa 

Cox, Office of Nuclear Material Safety 

and Safeguards, telephone: 301–415– 

8342, email: Vanessa.Cox@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–2022– 

0049 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–2022–0049. Address 

questions about NRC dockets to Dawn 

Forder, telephone: 301–415–3407, 

email: Dawn.Forder@nrc.gov. For 

technical questions contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 


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Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules and Regulations 35859 

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: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Maryland 20852. 

To make an appointment to visit the 

PDR, please send an email to 

PDR.Resource@nrc.gov or call 1–800– 

397–4209 or 301–415–4737, between 

8:00 a.m. and 4:00 p.m. (ET), Monday 

through Friday, except Federal holidays. 

B. Submitting Comments 

Please include Docket ID NRC–2022– 

0049 in your comment submission. The 

NRC requests that you submit comments 

through the Federal rulemaking website 

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. 

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 

This rule is limited to the changes 

contained in Amendment No. 9 to 

Certificate of Compliance No. 1015 and 

editorial corrections to Amendment No. 

8 and does not include other aspects of 

the NAC International NAC–UMS 

Universal Storage System design. The 

NRC is using the ‘‘direct final rule 

procedure’’ to issue this amendment 

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 

August 29, 2022. However, if the NRC 

receives any significant adverse 

comment on this direct final rule by July 

14, 2022, 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. 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] . . . 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 October 19, 2000 (65 FR 

62581), that approved the NAC 

International NAC–UMS Universal 

Storage System and added it to the list 

of NRC-approved cask designs in 

§ 72.214 as Certificate of Compliance 

No. 1015. 

IV. Discussion of Changes 

On July 30, 2021, NAC International 

submitted a request to the NRC to 

amend Certificate of Compliance No. 

1015. Amendment No. 9 revises the 

certificate of compliance to correct the 

effective thermal properties for 

pressurized-water reactor fuel 

assemblies used in the certification 

basis ANSYS thermal models and 

update some modeling assumptions. 

This direct final rule also corrects a 

page number and number in a footer of 

Technical Specifications, Appendix B in 

Amendment No. 8. The changes to the 

aforementioned documents are 

identified with revisions bars in the 

margin of each document. 

As documented in the 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. 9 would remain well 

within the limits specified by 10 CFR 

part 20, ‘‘Standards for Protection 

Against Radiation.’’ Therefore, the NRC 

found that there will be no significant 

change in the types or amounts of any 

effluent released, no significant increase 


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in the individual or cumulative 

radiation exposure, and no significant 

increase in the potential for or 

consequences from radiological 

accidents. 

The NRC determined that the 

amended NAC International NAC–UMS 

Universal Storage System 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 NAC–UMS Universal 

Storage System that meet the criteria of 

Amendment No. 9 to Certificate of 

Compliance No. 1015. 

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 

NAC–UMS Universal Storage 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 

direct final 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. Although an Agreement State 

may not adopt program elements 

reserved to the NRC, and the Category 

‘‘NRC’’ does not confer regulatory 

authority on the State, the State may 

wish to inform its licensees of certain 

requirements by means consistent with 

the particular State’s administrative 

procedure laws. 

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 NAC–UMS 

Universal Storage System listing within 

the ‘‘List of approved spent fuel storage 

casks’’ to include Amendment No. 9 to 

Certificate of Compliance No. 1015 and 

correct Amendment No. 8. 

B. The Need for the Action 

This direct final rule amends the 

certificate of compliance for the NAC 

International NAC–UMS Universal 

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. 9 revises the certificate 

of compliance to correct the effective 

thermal properties for pressurized-water 

reactor fuel assemblies used in the 

certification basis ANSYS thermal 

models and update some modeling 

assumptions. 

This direct final rule also corrects a 

page number and number in a footer of 

Technical Specifications, Appendix B in 

Amendment No. 8. 

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. 9 is based on the 

environmental assessment for the July 

18, 1990, final rule. Referencing past 

environmental assessments is a standard 

process under the National 

Environmental Policy Act of 1969, as 

amended. 

The NAC International NAC–UMS 

Universal 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. 9 

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 nonradiological 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 safety evaluation 

report. 

D. Alternative to the Action 

The alternative to this action is to 

deny approval of Amendment No. 9 and 

not issue the direct final rule. 

Consequently, any 10 CFR part 72 

general licensee that seeks to load spent 

nuclear fuel into NAC International 

NAC–UMS Universal Storage System in 

accordance with the changes described 

in proposed Amendment No. 9 would 


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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. 9 to 

Certificate of Compliance No. 1015 

would result in no irreversible 

commitment of 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. Based on 

the foregoing environmental assessment, 

the NRC concludes that this direct final 

rule, ‘‘List of Approved Spent Fuel 

Storage Casks: NAC International NAC– 

UMS Universal Storage System, 

Certificate of Compliance No. 1015, 

Amendment No. 9,’’ 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. 

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 October 19, 2000 (65 FR 

62581), the NRC issued an amendment 

to 10 CFR part 72 that approved the 

NAC–UMS Universal Storage System by 

adding it to the list of NRC-approved 

cask designs in § 72.214. On July 30, 

2021, NAC International submitted a 

request to amend the NAC–UMS 

Universal Storage System as described 

in Section IV, ‘‘Discussion of Changes,’’ 

of this document. 

The alternative to this action is to 

withhold approval of Amendment No. 

9, correct Amendment No. 8 in a 

separate action, and to require any 10 

CFR part 72 general licensee seeking to 

load spent nuclear fuel into NAC 

International NAC–UMS Universal 

Storage System under the changes 

described in Amendment No. 9 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 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 

backfit rule (§ 72.62) does not apply to 

this direct final rule. Therefore, a backfit 

analysis is not required. This direct final 

rule revises Certificate of Compliance 

No. 1015 for the NAC International 

NAC–UMS Universal Storage System, as 

currently listed in § 72.214. The revision 

consists of the changes in Amendment 

No. 9 previously described, as set forth 

in the revised certificate of compliance 

and technical specifications. 

Amendment No. 9 to Certificate of 

Compliance No. 1015 for the NAC 

International NAC–UMS Universal 

Storage System was initiated by NAC 

International and was not submitted in 

response to new NRC requirements, or 

an NRC request for amendment. 

Amendment No. 9 applies only to new 

casks fabricated and used under 

Amendment No. 9. These changes do 

not affect existing users of the NAC 

International NAC–UMS Universal 

Storage System, and the current 

Amendment No. 8 continues to be 

effective for existing users. While 

current users of this storage system may 

comply with the new requirements in 

Amendment No. 9, this would be a 

voluntary decision on the part of current 

users. 

For these reasons, Amendment No. 9 

to Certificate of Compliance No. 1015 

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. 

Accordingly, the NRC has not prepared 

a backfit analysis for this rulemaking. 

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. 


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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 


lotter on DSK11XQN23PROD with RULES1