[Federal Register Volume 90, Number 143 (Tuesday, July 29, 2025)] [Proposed Rules] [Pages 35640-35642] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-14293] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 90, No. 143 / Tuesday, July 29, 2025 / Proposed Rules [[Page 35640]] NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2025-0070] RIN 3150-AL33 List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 4 AGENCY: Nuclear Regulatory Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 4 to Certificate of Compliance No. 1042. Amendment No. 4 would change the certificate of compliance to incorporate a method to determine new loading patterns, introduce a steel plate composite option, introduce the use of MAVRIC software for a confirmatory run of the HSM-MX dose rates, make technical specification changes for consistency and terminology clarification, make various updated final safety analysis report editorial corrections for consistency and clarification, add measured exposures from past loading campaigns, allow use of a blended Portland cement, change the use of the MX- Loading Crane, and clarify the scenarios under which the maximum heat loads can be reduced. DATES: Submit comments by August 28, 2025. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration of only comments received on or before this date. ADDRESSES: Submit your comments, identified by Docket ID NRC-2025-0070, at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individual 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-2025-0070. 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: George Tartal, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-0016, email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Plain Writing V. Regulatory Planning and Review VI. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2025-0070 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-2025-0070. Address questions about NRC dockets to Helen Chang, telephone: 301-415-3228, email: [email protected]. For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ``Availability of Documents'' section. NRC's PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to [email protected] or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https://www.regulations.gov). Please include Docket ID NRC-2025-0070 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Rulemaking Procedure Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently with a direct final rule in the Rules and Regulations section of this issue of the Federal Register. The direct final rule will become effective on October 14, 2025. However, if the NRC receives any significant adverse comment by August 28, 2025, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments in a subsequent final rule. In general, absent significant modifications to the proposed revisions requiring [[Page 35641]] republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when: (a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule, certificate of compliance, or technical specifications. For a more detailed discussion of the proposed rule changes and associated analyses, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register. For detailed instructions on filing comments, please see the ADDRESSES section of this document. 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 March 24, 2017 (82 FR 14987), that approved the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System design and added it to the list of NRC-approved cask designs in Sec. 72.214 as Certificate of Compliance No. 1042. This rule would be limited to the changes contained in Amendment No. 4 to Certificate of Compliance No. 1042 and would not include other aspects of the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System design. IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ``Plain Language in Government Writing,'' published June 10, 1998 (63 FR 31885). The NRC requests comment on this proposed rule with respect to clarity and effectiveness of the language used. V. Regulatory Planning and Review Executive Order (E.O.) 12866, as amended by E.O. 14215, provides that the Office of Information and Regulatory Affairs (OIRA) will determine whether a regulatory action is significant as defined by E.O. 12866 and will review significant regulatory actions. OIRA determined that this proposed rule is not a significant regulatory action under E.O. 12866. VI. Availability of Documents The documents identified in the following table are available to interested persons as indicated. ------------------------------------------------------------------------ ADAMS accession No./ Document Federal Register citation ------------------------------------------------------------------------ Proposed Certificate of Compliance ------------------------------------------------------------------------ ``Proposed CoC No.1042--EOS Amendment No. 4'' ML25078A250 ------------------------------------------------------------------------ Preliminary Safety Evaluation Report ------------------------------------------------------------------------ ``PSER--EOS Amendment No. 4''................ ML25078A252 ------------------------------------------------------------------------ Proposed Conditions for Cask Use and Technical Specifications ------------------------------------------------------------------------ ``Proposed Technical Specifications--EOS ML25078A251 Amendment No. 4''. ------------------------------------------------------------------------ Environmental Documents ------------------------------------------------------------------------ ``Storage of Spent Fuel In NRC-Approved 55 FR 29181 Storage Casks at Power Reactor Sites'' Final Rule (July 18, 1990). ------------------------------------------------------------------------ TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System Amendment Application Documents ------------------------------------------------------------------------ ``Application for Amendment 4 to NUHOMS EOS ML22272A575 Certificate of Compliance No. 1042, Revision 0 (Docket 72-1042),'' September 29, 2022. ``TN Americas LLC Application for Amendment 4 ML23089A175 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 1--Response to Request for Supplemental Information,'' March 30, 2023. [[Page 35642]] ``Application for Amendment 4 to NUHOMS EOS ML23179A120 Certificate of Compliance No. 1042, Revision 2 (Docket 72-1042, CAC No. 001028, EPID: L- 2022-LLA-0017)--Supplemental Responses to Request for Supplemental Information,'' June 28, 2023. ``TN Americas LLC, Application for Amendment ML24113A307 4 to NUHOMS EOS Certificate of Compliance No. 1042, Revision 3 (Docket 72-1042, CAC No. 001028, EPID: L-2022-LLA-0017)--Response to Request for Additional Information,'' April 22, 2024. ``Application for Amendment 4 to NUHOMS EOS ML24311A209 Certificate of Compliance No. 1042, Revision 4 (Docket 72-1042, CAC No. 001028, EPID: L- 2022-LLA-0017)--Revised Response to Request for Additional Information,'' November 6, 2024. ``Application for Amendment 4 to NUHOMS EOS ML25043A122 Certificate of Compliance No. 1042, Revision 5 (Docket 72-1042, CAC No. 001028, EPID: L- 2022-LLA-0017)--Supplemental Responses to Request for Additional Information,'' February 12, 2025. ------------------------------------------------------------------------ Other Documents ------------------------------------------------------------------------ ``Agreement State Program Policy Statement; 82 FR 48535 Correction.'' (October 18, 2017). Presidential Memorandum, ``Plain Language in 63 FR 31885 Government Writing.'' (June 10, 1998). List of Approved Spent Fuel Storage Casks: TN 82 FR 14987 Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042: Direct Final Rule, March 24, 2017. ------------------------------------------------------------------------ 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-2025-0070. 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-2025-0070; (2) click the ``Subscribe'' link; and (3) enter an email address and click on the ``Subscribe'' link. Dated: July 17, 2025. For the Nuclear Regulatory Commission. Michael King, Acting Executive Director for Operations. [FR Doc. 2025-14293 Filed 7-28-25; 8:45 am] BILLING CODE 7590-01-P