[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49267-49275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16138]



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 Rules and Regulations
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  Federal Register / Vol. 88 , No. 145 / Monday, July 31, 2023 / Rules 
and Regulations  

[[Page 49267]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2023-0085]
RIN 3150-AK99


List of Approved Spent Fuel Storage Casks: NAC International, 
Inc. MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 
1031, Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 
Through 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, Inc. 
MAGNASTOR[supreg] Storage System listing within the ``List of approved 
spent fuel storage casks'' to include Amendment Nos. 11 and 12 and 
revisions to Amendment Nos. 0 through 9 to Certificate of Compliance 
No. 1031. Amendment No. 11 amends the certificate of compliance to add 
a new concrete cask, transfer cask, fuel baskets and revised contents. 
Amendment No. 11 also adds a definition for the concrete cask lid, 
revises the definition for the concrete cask to exclude the lid, adds a 
definition for the storage cask, and provides alternate fabrication 
criteria and techniques for the concrete cask lid. Amendment No. 12 and 
revisions to Amendment Nos. 0 through 9 add definitions for the storage 
cask and concrete cask lid, revise the definition of the concrete cask, 
and provide alternate fabrication criteria and techniques for the 
concrete cask lid to the certificate of compliance.

DATES: This direct final rule is effective October 16, 2023, unless 
significant adverse comments are received by August 30, 2023. 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direct final rule is withdrawn as a result of such comments, timely 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-2023-0085, 
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 
Materials Safety and Safeguards, telephone: 301-415-6577, email: 
[email protected] and Irene Wu, Office of Nuclear Materials Safety 
and Safeguards, telephone: 301-415-1951, email: [email protected]. 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-2023-0085 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-2023-0085. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: [email protected]. 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, 301-415-4737, 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: 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 
[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

    Please include Docket ID NRC-2023-0085 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.

[[Page 49268]]

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 Nos. 11 
and 12 and revisions to Amendment Nos. 0 through 9 to Certificate of 
Compliance No. 1031 and does not include other aspects of the NAC 
International, Inc. MAGNASTOR[supreg] 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 amendments to the rule will become effective on 
October 16, 2023. However, if the NRC receives any significant adverse 
comment on this direct final rule by August 30, 2023, 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 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.

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,'' that 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
November 21, 2008 (73 FR 70587), that approved the NAC International, 
Inc. MAGNASTOR[supreg] Storage System design and added it to the list 
of NRC-approved cask designs in Sec.  72.214 as Certificate of 
Compliance No. 1031.

IV. Discussion of Changes

    On July 14, 2020, NAC International, Inc. submitted a request to 
the NRC to add Amendment No. 11 to Certificate of Compliance No. 1031. 
NAC International, Inc. supplemented its request on August 23, 2021, 
January 11, 2022, March 18, 2022, April 18, 2022, and July 15, 2022. 
Amendment No. 11 amends the certificate of compliance as follows:
    1. Adds a seventh concrete overpack (CC7) and a lightweight 
MAGNASTOR[supreg] transfer cask (LMTC).
    2. Increases the maximum heat load for the system when using CC7 
and the LMTC.
    3. Adds new loading patterns.
    4. Adds new 81-assembly and 89-assembly boiling-water reactor (BWR) 
spent fuel basket designs and associated loading patterns.
    5. Removes existing 87-assembly and 82-assembly BWR basket designs.
    6. Adds a new BWR damaged fuel basket design with a capacity of up 
to 81 undamaged BWR fuel assemblies.
    7. Adds a new damaged fuel can for BWR fuel.
    8. Adds a definition for concrete cask lid.
    9. Revises the definition for concrete cask to exclude the lid.
    10. Adds a definition for storage cask.
    11. Provides alternate fabrication criteria and techniques for the 
concrete cask lid.
    On January 24, 2022, NAC International, Inc. submitted a request to 
the NRC to add Amendment No. 12 to Certificate of Compliance No. 1031. 
NAC International, Inc. supplemented its request on March 18, 2022, and 
April 18, 2022. As part of its request on March 18, 2022, as 
supplemented on April 18, 2022, and August 4, 2022, NAC International, 
Inc. also requested to revise Amendment Nos. 0 through 9 to Certificate 
of Compliance No. 1031. Amendment No. 12 amends the certificate of 
compliance as follows:
    1. Adds a definition for concrete cask lid.
    2. Revises the definition for concrete cask to exclude the lid.
    3. Adds a definition for storage cask.
    4. Provides alternate fabrication criteria and techniques for the 
concrete cask lid.
    Revision 2 to Amendment Nos. 0 through 3 and Revision 1 to 
Amendments Nos. 4 through 9 revise the certificate of compliance to 
incorporate the changes made by Amendment 12.
    As documented in the preliminary safety evaluation reports, the NRC 
performed safety evaluations of the proposed certificate of compliance 
amendment requests. The NRC determined that these amendments do not 
reflect a significant change in design or fabrication of the cask. 
Specifically, the NRC determined that the design of the casks would 
continue to maintain confinement, shielding, and criticality control in 
the event of each evaluated

[[Page 49269]]

accident condition. The NRC found there will be no significant change 
in the types or amounts of any effluent released, no significant 
increase in the individual or cumulative radiation exposure, and no 
significant increase in the potential for or consequences from 
radiological accidents. Therefore, any resulting occupational exposure 
or offsite dose rates from the implementation of Amendment Nos. 11 and 
12 and revisions to Amendment Nos. 0 through 9 would remain well within 
the limits specified by 10 CFR part 20, ``Standards for Protection 
Against Radiation.''
    The NRC determined that the amended NAC International, Inc. 
MAGNASTOR[supreg] Storage System cask 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 Sec.  
72.210 may, consistent with the license conditions under Sec.  72.212, 
load spent nuclear fuel into NAC International, Inc. MAGNASTOR[supreg] 
Storage System casks that meet the criteria of the revised Amendment 
Nos. 0 through 9 and newly issued Amendment Nos. 11 and 12 to 
Certificate of Compliance No. 1031.

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, Inc. MAGNASTOR[supreg] Storage System design listed 
in Sec.  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 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.

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 Sec.  72.214 to revise the NAC 
International, Inc. MAGNASTOR[supreg] Storage System listing within the 
``List of approved spent fuel storage casks'' to include Amendment Nos. 
11 and 12 and to include revisions to Amendment Nos. 0 through 9 to 
Certificate of Compliance No. 1031.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
NAC International, Inc. MAGNASTOR[supreg] 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. 11 revises the certificate of compliance to add a new concrete 
cask, transfer cask, fuel baskets and revised contents. Amendment No. 
11 also adds a definition for the concrete cask lid, revises the 
definition for the concrete cask to exclude the lid, adds a definition 
for the storage cask, and provides alternate fabrication criteria and 
techniques for the concrete cask lid. Amendment No. 12 and the 
revisions to Amendment Nos. 0 through 9 add definitions for the storage 
cask and concrete cask lid, revise the definition of the concrete cask, 
and provide alternate fabrication criteria and techniques for the 
concrete cask lid to the certificate of compliance.

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 Amendment Nos. 11 and 12 and revisions to 
Amendment Nos. 0 through 9 tiers off of the environmental assessment 
for the July 18, 1990, final rule. Tiering on past environmental 
assessments is a standard process under the National Environmental 
Policy Act of 1969, as amended.
    The NAC International, Inc. MAGNASTOR[supreg] 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 that 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 tornado-
generated 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 Nos. 11 and 12 and revisions 
to Amendment Nos. 0 through 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 non-
radiological 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

[[Page 49270]]

in the potential for, or consequences from, radiological accidents. The 
NRC documented its safety findings in the preliminary safety evaluation 
report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment 
Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 and not 
issue the direct final rule. Consequently, any 10 CFR part 72 general 
licensee that seeks to load spent nuclear fuel into the NAC 
International, Inc. MAGNASTOR[supreg] Storage System in accordance with 
the changes described in proposed Amendment Nos. 11 and 12 and 
revisions to Amendment Nos. 0 through 9, including those licensees with 
fuel already loaded in casks that need these revisions, would have to 
request an exemption from the requirements of Sec. Sec.  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 Nos. 11 and 12 and revisions to Amendment 
Nos. 0 through 9 to Certificate of Compliance No. 1031 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, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.'' Based on the foregoing environmental 
assessment, the NRC concludes that this direct final rule, ``List of 
Approved Spent Fuel Storage Casks: NAC International, Inc. 
MAGNASTOR[supreg] Storage System, Certificate of Compliance No. 1031, 
Amendment Nos. 11 and 12 and Revisions to Amendment Nos. 0 through 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, Inc. 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 (Sec.  
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 Sec.  72.214. On 
November 21, 2008 (73 FR 70587), the NRC issued an amendment to 10 CFR 
part 72 that approved the NAC International, Inc. MAGNASTOR[supreg] 
Storage System design by adding it to the list of NRC-approved cask 
designs in Sec.  72.214.
    On July 14, 2020, and as supplemented on August 23, 2021, January 
11, 2022, March 18, 2022, April 18, 2022, and July 15, 2022, NAC 
International, Inc. submitted a request for Amendment No. 11 to amend 
the MAGNASTOR[supreg] Storage System. On January 24, 2022, and as 
supplemented on March 18, 2022 and April 18, 2022, NAC International, 
Inc. submitted a request for Amendment No. 12 to amend the 
MAGNASTOR[supreg] Storage System. Lastly, on March 18, 2022, and as 
supplemented on April 18, 2022 and August 4, 2022, NAC International, 
Inc. submitted a request to revise Amendment Nos. 0 through 9 of the 
MAGNASTOR[supreg] Storage System. All of these changes are described in 
Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
Nos. 11 and 12 and revisions to Amendment Nos. 0 through 9 and to 
require any 10 CFR part 72 general licensee seeking to load spent 
nuclear fuel into the NAC International, Inc. MAGNASTOR[supreg] Storage 
System under the changes described in Amendment Nos. 11 and 12 and 
revisions to Amendment Nos. 0 through 9 to request an exemption from 
the requirements of Sec. Sec.  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 preliminary safety evaluation 
reports 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

    The NRC has determined that this direct final rule does not 
constitute backfitting under 10 CFR part 72. Certificate of compliance 
holders like NAC International, Inc. are not within the scope of the 
backfit rule in Sec.  72.62. Additionally, Amendment Nos. 11 and 12 are 
outside the scope of backfitting because they apply only to new casks 
and are voluntary for existing users. Although general licensees that 
are affected by the revisions to Amendment Nos. 0-9 are within the 
scope of the backfitting regulations in Sec.  72.62, the affected 
licensees have stated that they will voluntarily adopt the revisions, 
and therefore, this direct final rule does not constitute a backfit for 
those licensees.

[[Page 49271]]

    This direct final rule revises Certificate of Compliance No. 1031 
for the MAGNASTOR[supreg] Storage System, as currently listed in Sec.  
72.214, to add Amendment Nos. 11 and 12 and revisions to Amendment Nos. 
0 through 9. Amendment Nos. 11 and 12 and revisions to Amendment Nos. 0 
through 9 to Certificate of Compliance No. 1031 for the NAC 
International, Inc. MAGNASTOR[supreg] Storage System were initiated by 
NAC International, Inc. and were not submitted in response to new NRC 
requirements or an NRC request for amendment. Amendment Nos. 11 and 12 
apply only to new casks fabricated and used under Amendment Nos. 11 and 
12. These changes do not affect existing users of the NAC 
International, Inc. MAGNASTOR[supreg] Storage System, and the current 
Amendment No. 10 continues to be effective for existing users. While 
current users of this storage system may comply with the new 
requirements in Amendment Nos. 11 and 12, this would be a voluntary 
decision on the part of current users. Although NAC International, Inc. 
has manufactured casks under the existing Certificate of Compliance No. 
1031, Amendment Nos. 0 through 9, NAC International, Inc., as the 
certificate of compliance holder, is not within the scope of 
backfitting under 10 CFR 72.62.
    General licensees are entities that are within the scope of the 
backfitting regulations in 10 CFR 72.62. However, according to NAC 
International, Inc., no general licensees have purchased the 
MAGNASTOR[supreg] Storage Systems under Certificate of Compliance No. 
1031, Amendment Nos. 0 through 5 and Amendment No. 8, that are, in 
part, the subject of these revisions. Therefore, the changes in 
Certificate of Compliance No. 1031, Amendment Nos. 0 through 5 and 
Amendment No. 8, that are approved in this direct final rule, do not 
fall within the definition of backfitting under 10 CFR 72.62.
    Dominion Energy Kewaunee at the Kewaunee independent spent fuel 
storage installation and ZionSolutions at its independent spent fuel 
storage installation are two general licensees using Amendment No. 6 
that could be affected by issuance of Revision 1 to Amendment No. 6. In 
its letter to NAC International, Inc., Dominion Energy Kewaunee stated 
that it would voluntarily adopt Revision 1 to Amendment No. 6. 
ZionSolutions stated it intends to rely on issuance of Revision 1 to 
Amendment No. 6 and Amendment No. 12 to reconcile the lid licensing 
issue and close the open action in its corrective action program. The 
NRC interprets these letters to mean that the licensees will 
voluntarily comply with Revision 1 to Amendment No. 6. Therefore, the 
issuance of Revision 1 to Amendment No. 6 does not fall within the 
definition of backfitting under 10 CFR 72.62.
    Arizona Public Service Company at the Palo Verde independent spent 
fuel storage installation and Duke Energy at the Catawba and McGuire 
independent spent fuel storage installations are general licensees 
using Amendment No. 7 that could be affected by issuance of Revision 1 
to Amendment No. 7. In its letter to NAC International, Inc., both 
Arizona Public Service Company and Duke Energy stated that they intend 
to implement Revision 1 to Amendment No. 7. The NRC interprets these 
letters to mean that the licensees will voluntarily comply with 
Revision 1 to Amendment No. 7. Therefore, issuance of Revision 1 to 
Amendment No. 7 does not fall within the definition of backfitting 
under 10 CFR 72.62.
    Constellation Energy Generation at its Three Mile Island Unit 1 
independent spent fuel storage installation is the only general 
licensee using Amendment No. 9 that could be affected by issuance of 
Revision 1 to Amendment No. 9. In its letter to NAC International, 
Inc., Constellation Energy Generation stated that it intends to 
implement Revision 1 to Amendment No. 9 in a timely manner after 
issuance of the revision. The NRC interprets this letter to mean that 
the licensee will voluntarily comply with Revision 1 to Amendment No. 
9. Therefore, issuance of Revision 1 to Amendment No. 9 does not fall 
within the definition of backfitting under 10 CFR 72.62.
    For these reasons, Amendment Nos. 11 and 12 and revisions to 
Amendment Nos. 0 through 9 to Certificate of Compliance No. 1031 do not 
constitute backfitting under Sec.  72.62. Accordingly, the NRC does not 
need to prepare 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.

------------------------------------------------------------------------
                                                   ADAMS accession No./
                    Document                         Federal Register
                                                         citation
------------------------------------------------------------------------
 Documents Related to Initial Certificate (Amendment No. 0), Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A151
 Amendment No. 0, Revision 2.
Proposed Certificate of Compliance No. 1031,      ML22220A152
 Amendment No. 0, Revision 2, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A154
 Amendment No. 0, Revision 2, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 1, Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A156
 Amendment No. 1, Revision 2.
Proposed Certificate of Compliance No. 1031,      ML22220A157
 Amendment No. 1, Revision 2, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A158
 Amendment No. 1, Revision 2, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.

[[Page 49272]]

 
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 2, Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A159
 Amendment No. 2, Revision 2.
Proposed Certificate of Compliance No. 1031,      ML22220A160
 Amendment No. 2, Revision 2, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A161
 Amendment No. 2, Revision 2, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 3, Revision 2
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A163
 Amendment No. 3, Revision 2.
Proposed Certificate of Compliance No. 1031,      ML22220A164
 Amendment No. 3, Revision 2, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A165
 Amendment No. 3, Revision 2, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 4, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A166
 Amendment No. 4, Revision 1.
Proposed Certificate of Compliance No. 1031,      ML22220A167
 Amendment No. 4, Revision 1, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A168
 Amendment No. 4, Revision 1, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 5, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A169
 Amendment No. 5, Revision 1.
Proposed Certificate of Compliance No. 1031,      ML22220A170
 Amendment No. 5, Revision 1, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A171
 Amendment No. 5, Revision 1, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.

[[Page 49273]]

 
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 6, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A172
 Amendment No. 6, Revision 1.
Proposed Certificate of Compliance No. 1031,      ML22220A173
 Amendment No. 6, Revision 1, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A174
 Amendment No. 6, Revision 1, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 7, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A175
 Amendment No. 7, Revision 1.
Proposed Certificate of Compliance No. 1031,      ML22220A176
 Amendment No. 7, Revision 1, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A177
 Amendment No. 7, Revision 1, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 8, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A178
 Amendment No. 8, Revision 1.
Proposed Certificate of Compliance No. 1031,      ML22220A179
 Amendment No. 8, Revision 1, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A180
 Amendment No. 8, Revision 1, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22227A174
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment Nos.
 0-8.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
------------------------------------------------------------------------
            Documents Related to Amendment No. 9, Revision 1
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A181
 Amendment No. 9, Revision 1.
Proposed Certificate of Compliance No. 1031,      ML22220A182
 Amendment No. 9, Revision 1, Appendix A:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A183
 Amendment No. 9, Revision 1, Appendix B:
 Technical Specifications for the
 MAGNASTOR[supreg] Storage System.
Preliminary Safety Evaluation Report for NAC      ML22220A184
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Revision to Amendment No. 9.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
NAC International, MAGNASTOR[supreg] Cask System  ML22216A110
 Users CoC Amendments 0 thru 9 Intent to Adopt
 Letters, dated August 4, 2022.
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                  Documents Related to Amendment No. 11
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A185
 Amendment No. 11.
Proposed Certificate of Compliance No. 1031,      ML22220A186
 Amendment No. 11, Appendix A: Technical
 Specifications for the MAGNASTOR[supreg]
 Storage System.

[[Page 49274]]

 
Proposed Certificate of Compliance No. 1031,      ML22220A187
 Amendment No. 11, Appendix B: Technical
 Specifications for the MAGNASTOR[supreg]
 Storage System.
Preliminary Safety Evaluation Report for NAC      ML22220A188
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Amendment No. 11.
NAC International, Submission of a Request to     ML20210M079 (package)
 Amend Certificate of Compliance No. 1031 for
 the NAC International MAGNASTOR[supreg] Cask
 System, Docket No. 72-1031, dated July 14, 2020.
NAC International, Submission of RAI Responses    ML21242A053 (package)
 for the NAC International MAGNASTOR[supreg]
 Cask System Amendment No. 11, Docket No. 72-
 1031, dated August 23, 2021.
NAC International, Submission of Supplemental     ML22018A059
 Information to the RAI for the NAC
 International MAGNASTOR[supreg] Cask System
 Amendment No. 11, Docket No. 72-1031, dated
 January 11, 2022.
NAC International, Submission of Supplemental     ML22196A022 (package)
 Information to the RAI for the NAC
 International MAGNASTOR[supreg] Cask System
 Amendment No. 11, Docket No. 72-1031, dated
 July 15, 2022.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
------------------------------------------------------------------------
                  Documents Related to Amendment No. 12
------------------------------------------------------------------------
Proposed Certificate of Compliance No. 1031,      ML22220A189
 Amendment No. 12.
Proposed Certificate of Compliance No. 1031,      ML22220A190
 Amendment No. 12, Appendix A: Technical
 Specifications for the MAGNASTOR[supreg]
 Storage System.
Proposed Certificate of Compliance No. 1031,      ML22220A191
 Amendment No. 12, Appendix B: Technical
 Specifications for the MAGNASTOR[supreg]
 Storage System.
Preliminary Safety Evaluation Report for NAC      ML22220A192
 International, Inc. MAGNASTOR[supreg] Storage
 System: Certificate of Compliance No. 1031,
 Docket No. 72-1031, Amendment No. 12.
NAC International, Submission of an Amendment     ML22024A374
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated January 24, 2022.
NAC International, Supplement to NAC's Amendment  ML22077A769
 Request for the NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated March 18, 2022.
NAC International, Submittal of RAI Response to   ML22108A197
 Amendment Request for NAC International
 MAGNASTOR[supreg] Cask System Amendment No. 12,
 dated April 18, 2022.
------------------------------------------------------------------------
                             Other Documents
------------------------------------------------------------------------
User Need Memorandum for Amendment Nos. 11 and    ML22220A150
 12, and Revision to Amendment Nos. 0 through 9
 for the MAGNASTOR[supreg] Storage System, dated
 March 7, 2023.
Final Rule, ``Storage of Spent Fuel in NRC-       55 FR 29181
 Approved Storage Casks at Power Reactor
 Sites,'' published July 18, 1990.
Final Rule, ``List of Approved Spent Fuel         73 FR 70587
 Storage Casks: MAGNASTOR Addition,'' published
 November 21, 2008.
Revision to Policy Statement, ``Agreement State   82 FR 48535
 Program Policy Statement; Correction,''
 published October 18, 2017.
Presidential Memorandum, ``Plain Language in      63 FR 31885
 Government Writing,'' published June 10, 1998.
------------------------------------------------------------------------

    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-2023-0085. 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-2023-0085); (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

0
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.


0
2. In Sec.  72.214, Certificate of Compliance No. 1031 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1031.
    Initial Certificate Effective Date: February 4, 2009, superseded by 
Initial Certificate, Revision 1, on February 1,

[[Page 49275]]

2016, superseded by Initial Certificate, Revision 2, on October 16, 
2023.
    Amendment Number 1 Effective Date: August 30, 2010, superseded by 
Amendment Number 1, Revision 1, on February 1, 2016, superseded by 
Amendment Number 1, Revision 2, on October 16, 2023.
    Amendment Number 2 Effective Date: January 30, 2012, superseded by 
Amendment Number 2, Revision 1, on February 1, 2016, superseded by 
Amendment Number 2, Revision 2, on October 16, 2023.
    Amendment Number 3 Effective Date: July 25, 2013, superseded by 
Amendment Number 3, Revision 1, on February 1, 2016, superseded by 
Amendment Number 3, Revision 2, on October 16, 2023.
    Amendment Number 4 Effective Date: April 14, 2015, superseded by 
Amendment Number 4, Revision 1, on October 16, 2023.
    Amendment Number 5 Effective Date: June 29, 2015, superseded by 
Amendment Number 5, Revision 1, on October 16, 2023.
    Amendment Number 6 Effective Date: December 21, 2016, superseded by 
Amendment Number 6, Revision 1, on October 16, 2023.
    Amendment Number 7 Effective Date: August 21, 2017, as corrected 
(ADAMS Accession No. ML19045A346), superseded by Amendment Number 7, 
Revision 1, on October 16, 2023.
    Amendment Number 8, Effective Date: March 24, 2020, superseded by 
Amendment Number 8, Revision 1, on October 16, 2023.
    Amendment Number 9, Effective Date: December 7, 2020, superseded by 
Amendment Number 9, Revision 1, on October 16, 2023.
    Amendment Number 10, Effective Date: January 18, 2023.
    Amendment Number 11, Effective Date: October 16, 2023.
    Amendment Number 12, Effective Date: October 16, 2023.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg] 
System.
    Docket Number: 72-1031.
    Certificate Expiration Date: February 4, 2029.
    Model Number: MAGNASTOR[supreg].
* * * * *

    Dated: July 18, 2023.

    For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-16138 Filed 7-28-23; 8:45 am]
BILLING CODE 7590-01-P