<RULE>
NUCLEAR REGULATORY COMMISSION
<CFR>10 CFR Part 72</CFR>
<DEPDOC>[NRC-2024-0200]</DEPDOC>
<RIN>RIN 3150-AL23</RIN>
<SUBJECT>List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Amendment No. 9, and Revision to Amendment Nos. 6, 7, and 8</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Nuclear Regulatory Commission.
<HD SOURCE="HED">ACTION:</HD>
Direct final rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC Multi-Purpose Canister (NAC-MPC) System listing within the “List of approved spent fuel storage casks” to include Amendment No. 9 and revise Amendment Nos. 6, 7, and 8 to Certificate of Compliance (CoC) No. 1025. The addition of Amendment No. 9 and the revisions to Amendment Nos. 6, 7, and 8 amend the description of the vertical concrete cask (VCC) in the CoC and technical specifications to make a distinction between the VCC body and the VCC lid, in terms of applicability of the American Concrete Institute (ACI) Specifications ACI 349 and ACI 318.
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
This direct final rule is effective May 13, 2025, unless significant adverse comments are received by March 31, 2025. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the
<E T="04">Federal Register</E>
. 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
<E T="04">Federal Register</E>
.
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
Submit your comments, identified by Docket ID NRC-2024-0200, at
<E T="03">https://www.regulations.gov.</E>
If your material cannot be submitted using
<E T="03">https://www.regulations.gov,</E>
call or email the individuals listed in the
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
section of this document for alternate instructions.
You can read a plain language description of this direct final rule at
<E T="03">https://www.regulations.gov/docket/NRC-2024-0200.</E>
For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the
<E T="02">SUPPLEMENTARY INFORMATION</E>
section of this document.
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Kristina Banovac, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-7116, email:
<E T="03">kristina.banovac@nrc.gov</E>
or Amy McKenna, Office of Nuclear Material Safety and Safeguards, email:
<E T="03">amy.mckenna@nrc.gov.</E>
Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">Table of Contents</HD>
<EXTRACT>
<FP SOURCE="FP-2">I. Obtaining Information and Submitting Comments</FP>
<FP SOURCE="FP-2">II. Rulemaking Procedure</FP>
<FP SOURCE="FP-2">III. Background</FP>
<FP SOURCE="FP-2">IV. Discussion of Changes</FP>
<FP SOURCE="FP-2">V. Voluntary Consensus Standards</FP>
<FP SOURCE="FP-2">VI. Agreement State Compatibility</FP>
<FP SOURCE="FP-2">VII. Plain Writing</FP>
<FP SOURCE="FP-2">VIII. Environmental Assessment and Finding of No Significant Impact</FP>
<FP SOURCE="FP-2">IX. Paperwork Reduction Act Statement</FP>
<FP SOURCE="FP-2">X. Regulatory Flexibility Certification</FP>
<FP SOURCE="FP-2">XI. Regulatory Analysis</FP>
<FP SOURCE="FP-2">XII. Backfitting and Issue Finality</FP>
<FP SOURCE="FP-2">XIII. Congressional Review Act</FP>
<FP SOURCE="FP-2">XIV. Availability of Documents</FP>
</EXTRACT>
<HD SOURCE="HD1">I. Obtaining Information and Submitting Comments</HD>
<HD SOURCE="HD2">A. Obtaining Information</HD>
Please refer to Docket ID NRC-2024-0200 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:
•
<E T="03">Federal Rulemaking Website:</E>
Go to
<E T="03">https://www.regulations.gov</E>
and search for Docket ID NRC-2024-0200. Address questions about NRC dockets to Helen Chang, telephone: 301-415-3407, email:
<E T="03">Helen.Chang@nrc.gov.</E>
For technical questions contact the individuals listed in the
<E T="02">FOR FURTHER INFORMATION CONTACT</E>
section of this document.
•
<E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
You may obtain publicly available documents online in the ADAMS Public Documents collection at
<E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
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
<E T="03">PDR.Resource@nrc.gov.</E>
For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the “Availability of Documents” section.
•
<E T="03">NRC's PDR:</E>
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, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to
<E T="03">PDR.Resource@nrc.gov</E>
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.
<HD SOURCE="HD2">B. Submitting Comments</HD>
The NRC encourages electronic comment submission through the Federal rulemaking website (
<E T="03">https://www.regulations.gov</E>
). Please include Docket ID NRC-2024-0200 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
<E T="03">https://www.regulations.gov</E>
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.
<HD SOURCE="HD1">II. Rulemaking Procedure</HD>
This rule is limited to the changes contained in Amendment No. 9 and the revision to Amendment Nos. 6, 7, and 8 to CoC No. 1025 and does not include other aspects of the NAC-MPC 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 May 13, 2025. However, if the NRC receives any significant adverse comment on this direct final rule by March 31, 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
<E T="04">Federal Register</E>
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-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.
<HD SOURCE="HD1">III. Background</HD>
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 te
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