[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]


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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.

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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
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``PSER--EOS Amendment No. 4''................  ML25078A252
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      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.
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                             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]
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