List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 5

<RULE> NUCLEAR REGULATORY COMMISSION <CFR>10 CFR Part 72</CFR> <DEPDOC>[NRC-2025-1369]</DEPDOC> <RIN>RIN 3150-AL55</RIN> <SUBJECT>List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 5</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 TN Americas LLC, NUHOMS® Extended Optimized Storage (EOS) Dry Spent Fuel Storage System listing within the “List of approved spent fuel storage casks” to include Amendment No. 5 to Certificate of Compliance (CoC) No. 1042. Amendment No. 5 revises the CoC to add a new heat load zone configuration (HLZC) for the EOS-37PTH canister, increasing the maximum heat load to 54 kW per dry shielded canister (DSC) for storage in the EOS-Horizontal Storage Module (HSM) and transfer using EOS-Transfer Casks (TC)125/135; clarifies acceptance criteria for minor surface imperfections on high strength low-alloy (HSLA) basket plates in the Updated Final Safety Analysis Report (UFSAR); and makes editorial updates to the UFSAR and Technical Specification (TS) revisions to align with Amendment No. 4, improve readability, and correct code references. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This direct final rule is effective April 13, 2026, unless significant adverse comments are received by February 27, 2026. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the 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 of only 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-2025-1369, 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 individual 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-2025-1369.</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> Amy McKenna, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; email: <E T="03">amy.mckenna@nrc.gov.</E> </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. Regulatory Planning and Review</FP> <FP SOURCE="FP-2">XIV. Congressional Review Act</FP> <FP SOURCE="FP-2">XV. 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-2025-1369 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-2025-1369. Address questions about NRC dockets to Helen Chang, telephone: 301-415-3228, email: <E T="03">Helen.Chang@nrc.gov.</E> For technical questions contact the individual 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> 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 <E T="03">PDR.Resource@nrc.gov</E> 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. <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-2025-1369 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> The NRC is using the “direct final rule procedure” to issue this amendment because this action represents a limited and routine change to an existing certificate of compliance (CoC) that is expected to be non-controversial and, accordingly, is unlikely to result in significant adverse public comments. Adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on April 13, 2026. However, if the NRC receives significant adverse comments on this direct final rule by February 27, 2026, 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, CoC, or TS. For detailed instructions on filing comments, please see the <E T="02">ADDRESSES</E> section of this document. <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 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 33k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━