[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51209-51218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16160]



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 Rules and Regulations
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  Federal Register / Vol. 88 , No. 148 / Thursday, August 3, 2023 / 
Rules and Regulations  

[[Page 51209]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2023-0080]
RIN 3150-AK98


List of Approved Spent Fuel Storage Casks: NAC Multi-Purpose 
Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal 
of Initial Certificate and Amendment Numbers 1 Through 8

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 Multi-Purpose 
Canister (NAC-MPC) System listing within the ``List of approved spent 
fuel storage casks'' to renew, for 40 years, the initial certificate 
and Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025. 
The renewal of the initial certificate and Amendment Nos. 1 through 8 
revises the certificate of compliance's conditions and technical 
specifications to address aging management activities related to the 
structures, systems, and components important to safety of the dry 
storage system to ensure that these will maintain their intended 
functions during the period of extended storage operations.

DATES: This direct final rule is effective October 17, 2023, unless 
significant adverse comments are received by September 5, 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direct final rule is withdrawn as a result of such comments, timely 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-2023-0080, 
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: Chris Markley, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6293, email: 
[email protected] and Andrew Carrera, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-1078, 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-2023-0080 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-2023-0080. 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 
8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday, 
except Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2023-0080 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. 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

[[Page 51210]]

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 involves the renewal of Certificate of Compliance No. 
1025, which includes the initial certificate and Amendment Nos. 1 
through 8. The renewal only applies to the storage of spent fuel in an 
independent spent fuel storage installation at power reactor sites 
under a general license pursuant to the requirements of 10 CFR part 72, 
``Approval of Spent Fuel Storage Casks,'' and does not address or apply 
to transportation of the NAC-MPC System. Transport of the NAC-MPC 
System would be subject to the separate requirements of 10 CFR part 71, 
``Packaging and Transportation of Radioactive Material.'' As described 
in the Statement of Considerations to the final rule ``License and 
Certificate of Compliance Terms'' (76 FR 8872; February 16, 2011), a 
renewal reaffirms the original design basis, perhaps with some 
modifications, but does not involve reevaluating the original design 
basis in accordance with current review standards, which may be 
different from the standards in place when the cask design was 
initially certified. The NRC is using the ``direct final rule 
procedure'' to issue this renewal 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 October 17, 2023. However, if the NRC 
receives any significant adverse comment on this direct final rule by 
September 5, 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 ``Storage of 
Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites'' (55 
FR 29181; July 18, 1990). This rule also established a new subpart L in 
10 CFR part 72 which contains procedures and criteria for obtaining NRC 
approval of spent fuel storage cask designs. The NRC subsequently 
issued a final rule on April 10, 2000, that approved the NAC Multi-
Purpose Canister (NAC-MPC) System design and added it to the list of 
NRC-approved cask designs in Sec.  72.214 as Certificate of Compliance 
No. 1025. On August 28, 2007 (72 FR 49561), the NRC amended the scope 
of the general licenses issued under Sec.  72.210 to include the 
storage of spent fuel in an independent spent fuel storage installation 
(ISFSI) at power reactor sites to persons authorized to possess or 
operate nuclear power reactors under 10 CFR part 52, ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants.'' On February 
16, 2011 (76 FR 8872), the NRC amended subparts K and L in 10 CFR part 
72, to extend and clarify the term limits for certificates of 
compliance and revised the conditions for spent fuel storage casks 
renewals, including adding requirements for the safety analysis report 
to include time-limited aging analyses and a description of aging 
management programs. The NRC also clarified the terminology used in the 
regulations to use ``renewal'' rather than ``reapproval'' to better 
reflect that extending the term of a currently approved cask design is 
based on the cask design standards in effect at the time the 
certificate of compliance was approved rather than current standards.

IV. Discussion of Changes

    The term certified by the initial Certificate of Compliance No. 
1025 was 20 years. The period of extended operation for each cask 
begins 20 years after the cask is first used by the general licensee to 
store spent fuel. On December 18, 2019, as supplemented on August 10, 
2021; March 18, 2022; and July 22, 2022, NAC International, Inc. 
submitted a request to renew Certificate of Compliance No. 1025 for the 
NAC-MPC System design for an additional 40 years beyond the initial 
certificate term (ADAMS Accession Nos. ML19357A178, ML21231A154, 
ML22077A831, and ML22203A127 respectively).
    The NAC-MPC System is provided in three configurations for use at 
(1) Yankee Atomic Electric Company's Yankee Rowe (YR) Nuclear Station 
(hereafter ``YR-MPC''), (2) Connecticut Yankee (CY) Haddam Neck Nuclear 
Power Plant (hereafter ``CY-MPC''), and (3) Dairyland Power Cooperative 
La Crosse Boiling Water Reactor (LACBWR) Nuclear Power Plant (hereafter 
``LACBWR-MPC''). Each NAC-MPC System includes a transportable storage 
canister (TSC) provided with a fuel basket designed to accommodate the 
allowable spent fuel contents, a vertical concrete cask (VCC), and a 
transfer cask (TFR) sized to accommodate the pertinent TSC. The YR-MPC, 
CY-MPC,

[[Page 51211]]

and LACBWR-MPC have similar components and operating features but 
different physical dimensions, weights, fuel contents, and storage 
capacities. All configurations are designed such that subsequent 
transport of the dry-stored spent fuel contents inside each TSC could, 
if approved, use the certified NAC International's storage transport 
cask package. This rulemaking does not authorize the transport, 
instead, the rulemaking authorizes the design of the system, which 
provides a design compatible with future transport.
    The TSC provides the confinement pressure boundary, heat transfer, 
criticality control, and structural integrity for the safe dry storage 
of the spent fuel contents. The TSC is stored in the central cavity of 
the VCC. The VCC provides radiation shielding and structural protection 
for the TSC and contains internal air flow paths that allow the decay 
heat from the TSC contents to be removed by natural air circulation 
around the TSC shell. The principal components of the NAC MPC System 
include the following:

 TSC (YR-MPC, CY-MPC, and LACBWR-MPC) with pressurized-water 
reactor or boiling water reactor fuel basket (and damaged fuel cans)
 VCC (YR-MPC, CY-MPC, and LACBWR-MPC)
 TFR (YR-MPC as modified and transferred or sold to LACBWR-MPC, 
and CY-MPC) and transfer adapter
 spent fuel assemblies
 fuel transfer and auxiliary equipment (e.g., lift yoke, 
vertical cask transporter, air pads, heavy haul transfer trailer, 
vacuum drying and helium back-fill system with a helium mass 
spectrometer leak detector, welding equipment)
 VCC temperature monitoring system
 ISFSI storage pad
 ISFSI security equipment

    The renewal of the initial certificate and Amendment Nos. 1 through 
8 was conducted in accordance with the renewal provisions in Sec.  
72.240. The NRC's regulations require the safety analysis report for 
the renewal to include time-limited aging analyses that demonstrate 
that structures, systems, and components important to safety will 
continue to perform their intended function for the requested period of 
extended operation and a description of the aging management programs 
for the management of issues associated with aging that could adversely 
affect structures, systems, and components important to safety. The NRC 
spent fuel storage regulations in Sec.  72.240 authorize the NRC to 
revise the certificate of compliance to include any additional terms, 
conditions, and specifications it deems necessary to ensure the safe 
operation of the cask during the certificate of compliance's renewal 
term. Here, the NRC is adding four new conditions to the renewal of the 
certificate of compliance, which will ensure the safe operation of the 
cask during the certificate of compliance's renewal term and will allow 
the use of the NAC-MPC System during the approved period of extended 
operation. The NRC is amending the condition that describes the 
authorization for use of the NAC-MPC System design under the general 
license. Chapter 4 of the Preliminary Safety Evaluation Report, 
``Changes to Certificate of Compliance and Technical Specifications,'' 
(ML22297A270) provides a consolidated list of, and the basis for, the 
changes to the CoC conditions and technical specifications resulting 
from the staff's review of the renewal application.
    The new conditions added to the renewal of the initial certificate 
of compliance and Amendment Nos. 1 through 8 are:
     A condition requiring the certificate of compliance holder 
to submit an updated final safety analysis report within 90 days after 
the effective date of the renewal. The updated final safety analysis 
report must reflect the changes resulting from the review and approval 
of the renewal of the certificate of compliance. This condition ensures 
that final safety analysis report changes are made in a timely fashion 
to enable general licensees using the storage system during the period 
of extended operation to develop and implement necessary procedures 
related to renewal and aging management activities. The certificate of 
compliance holder is required to continue to update the final safety 
analysis report pursuant to the requirements of Sec.  72.248.
     A condition requiring each general licensee using the NAC-
MPC System design to include, in the evaluations required by Sec.  
72.212(b)(5), evaluations related to the terms, conditions, and 
specifications of this certificate of compliance amendment as modified 
(i.e., changed or added) as a result of the renewal of the certificate 
of compliance and include, in the document review required by Sec.  
72.212(b)(6), a review of the final safety analysis report changes 
resulting from the renewal of the certificate of compliance and the NRC 
Safety Evaluation Report for the renewal of the certificate of 
compliance. The general licensee would also be required to ensure that 
the evaluations required by Sec.  72.212(b)(7) in response to these 
changes are conducted and the determination required by Sec.  
72.212(b)(8) is made. This condition also makes it clear that to meet 
the requirements in Sec.  72.212(b)(11), general licensees that 
currently use a NAC-MPC System will need to update their Sec.  72.212 
reports, even if they do not put additional NAC-MPC Systems into 
service after the renewal's effective date. These evaluations, reviews, 
and determinations are to be completed before the dry storage system 
enters the period of extended operation (which begins 20 years after 
the first use of the NAC-MPC System) or no later than 365 days after 
the effective date of this rule, whichever is later. This will provide 
general licensees a minimum of 365 days to comply with the new terms, 
conditions, specifications, and other changes to the certificate of 
compliance and to make the necessary determinations required by Sec.  
72.212(b)(8) as to whether activities related to the storage of spent 
nuclear fuel using the renewed certificate of compliance involve a 
change in the facility Technical Specifications or requires a license 
amendment for the facility.
     A condition requiring all future amendments and revisions 
to the certificate of compliance (i.e., the initial certificate 1025 
and Amendment Nos. 1 through 8) to include evaluations of the impacts 
to aging management activities (i.e., time-limited aging analyses and 
aging management programs) to ensure they remain adequate for any 
changes to structures, systems, and components important to safety 
within the scope of renewal. This condition ensures that future 
amendments to the certificate of compliance address the renewed design 
bases for the certificate of compliance, including aging management 
impacts that may arise from the changes to the system in proposed 
future amendments.
    Additionally, the condition for the initial certificate and 
Amendment Nos. 1 through 8 would be amended to reflect changes to the 
scope of the general license granted by Sec.  72.210 that were made 
after the approval of the initial certificate. The authorization is 
amended to allow persons authorized to possess or operate a nuclear 
power reactor under 10 CFR part 52 to use the NAC-MPC System under the 
general license issued under Sec.  72.210.
    The NRC made one corresponding change from the technical 
specifications for the initial certificate of compliance and Amendment 
Nos. 1 through 8 by adding a section addressing the aging management 
program. General licensees using the NAC-MPC System design during the 
period of extended operation will need to establish, implement, and 
maintain written procedures for each

[[Page 51212]]

applicable aging management program in the final safety analysis report 
to use the NAC-MPC System design during the approved period of extended 
operation. The procedures will need to include provisions for changing 
aging management program elements, as necessary, and within the 
limitations of the approved design bases to address new information on 
aging effects based on inspection findings and/or industry operating 
experience. General licensees will also be required to perform tollgate 
assessments on the state of knowledge of aging-related operational 
experience, research, monitoring, and inspections to ascertain the 
ability of in-scope NAC-MPC System to continue to perform their 
intended safety functions throughout the renewed period of extended 
operation.
    General licensees will need to establish and implement these 
written procedures prior to entering the period of extended operation 
(which begins 20 years after the first use of the cask system) or no 
later than 365 days after the effective date of this rule, whichever is 
later. The general licensee is required to maintain these written 
procedures for as long as the general licensee continues to operate 
NAC-MPC System in service for longer than 20 years.
    Under Sec.  72.240(d), the design of a spent fuel storage cask will 
be renewed if (1) the quality assurance requirements in 10 CFR part 72, 
subpart G, ``Quality Assurance,'' are met, (2) the requirements of 
Sec.  72.236(a) through (i) are met, and (3) the application includes a 
demonstration that the storage of spent fuel has not, in a significant 
manner, adversely affected the structures, systems, and components 
important to safety. Additionally, Sec.  72.240(c) requires that the 
safety analysis report accompanying the application contain time-
limited aging analyses that demonstrate that the structures, systems, 
and components important to safety will continue to perform their 
intended function for the requested period of extended operation and a 
description of the aging management program for management of aging 
issues that could adversely affect structures, systems, and components 
important to safety.
    As documented in the preliminary safety evaluation report, the NRC 
reviewed the application for the renewal of the certificate of 
compliance and the conditions in the certificate of compliance and 
determined that the conditions in subpart G, Sec.  72.236(a) through 
(i), and Sec.  72.238 have been met and the application includes a 
demonstration that the storage of spent nuclear fuel has not, in a 
significant manner, adversely affected structures, systems, and 
components important to safety. The NRC's safety review determined that 
the NAC-MPC System, with the added terms, conditions, and 
specifications in the certificate of compliance and the technical 
specifications, will continue to meet the requirements of 10 CFR part 
72 for an additional 40 years beyond the initial certificate term. 
Consistent with Sec.  72.240, the NRC is renewing the NAC International 
Inc. NAC-MPC System initial certificate 1025 and Amendment Nos. 1 
through 8.
    Extending the expiration date of the approval for the initial 
certificate and Amendment Nos. 1 through 8 for 40 years and requiring 
the implementation of aging management activities during the period of 
extended operation does not impose any modification or addition to the 
design of a cask system's structures, systems, and components important 
to safety, or to the procedures or organization required to operate the 
system during the initial 20-year storage term certified by the cask's 
initial certificate of compliance. General licensees who have loaded 
these casks, or who load these casks in the future under the 
specifications of the applicable renewed certificate of compliance, may 
store spent fuel in these cask system designs for 20 years without 
implementing the aging management program. For any casks that have been 
in use for more than 20 years, the general licensee will have 365 days 
to complete the analyses required to use the cask system design 
pursuant to the terms and conditions in the renewed certificate of 
compliance. As explained in the 2011 final rule that amended 10 CFR 
part 72 (76 FR 8872), the general licensee's authority to use a 
particular storage cask design under an approved certificate of 
compliance will be for at least the term certified by the cask's 
certificate of compliance. For casks placed into service before the 
expiration date of the initial certificate, the general licensee's 
authority to use the cask would be extended for an additional 40 years 
from the date the initial certificate expired. For casks placed into 
service after the expiration date of the initial certificate and before 
the effective date of this rule, the general licensee's authority to 
use the cask would last the length of the term certified by the cask's 
certificate of compliance (i.e., 40 years after the cask is placed into 
service). For casks placed into service after this rule becomes 
effective, the general licensee's authority to use the cask would 
expire 40 years after the cask is first placed into service.
    This direct final rule revises the NAC-MPC System design listing in 
Sec.  72.214 by renewing, for 40 more years, the initial certificate 
and Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025. 
The renewed certificate of compliance includes the changes to the 
certificate of compliance and technical specifications previously 
described. The renewed certificate of compliance includes the terms, 
conditions, and specifications that will ensure the safe operation of 
the cask during the renewal term and the added conditions that will 
require the implementation of an aging management program. The 
preliminary safety evaluation report describes the new and revised 
conditions in the certificate of compliance, the changes to the 
technical specifications, and the NRC staff evaluation.

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-MPC 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

[[Page 51213]]

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 proposed action is to amend Sec.  72.214 to revise the NAC-MPC 
System listing within the ``List of approved spent fuel storage casks'' 
to renew, for an additional 40 years, the initial certificate and 
Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025.

B. The Need for the Action

    This direct final rule renews the certificate of compliance for the 
NAC-MPC 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 the general 
license provisions in 10 CFR part 72. Specifically, this rule extends 
the expiration date for the NAC-MPC System certificate of compliance 
for an additional 40 years, allowing a power reactor licensee to 
continue using the cask design during a period of extended operation 
for a term certified by the cask's renewed certificate of compliance. 
The renewal only applies to the storage of spent fuel in an independent 
spent fuel storage installation at power reactor sites under a general 
license pursuant to the requirements of 10 CFR part 72; it does not 
address or apply to transportation of the NAC-MPC System. Transport of 
the NAC-MPC System would be subject to the separate requirements of 10 
CFR part 71.
    This direct final rule would add conditions to the certificate of 
compliance and technical specifications necessary to have confidence 
that the structures, systems, and components important to safety will 
continue to perform their intended functions during the requested 
period of extended operation and that the design of the cask would 
continue to maintain confinement, shielding, and criticality control in 
the event of an accident during the period of extended operation. These 
conditions are needed to provide reasonable assurance that adequate 
protection of public health and safety will continue during the period 
of extended operation. Chapter 4 of the Preliminary Safety Evaluation 
Report, ``Changes to Certificate of Compliance and Technical 
Specifications,'' (ML22297A270) provides a consolidated list of, and 
the basis for, the changes to the CoC conditions and technical 
specifications resulting from the staff's review of the renewal 
application.
    The new conditions added to the renewal of the initial certificate 
of compliance and Amendment Nos. 1 through 8 are:
     A condition requiring the certificate of compliance holder 
to submit an updated final safety analysis report within 90 days after 
the effective date of the renewal. The updated final safety analysis 
report must reflect the changes resulting from the review and approval 
of the renewal of the certificate of compliance. This condition ensures 
that final safety analysis report changes are made in a timely fashion 
to enable general licensees using the storage system during the period 
of extended operation to develop and implement necessary procedures 
related to renewal and aging management activities. The certificate of 
compliance holder is required to continue to update the final safety 
analysis report pursuant to the requirements of Sec.  72.248.
     A condition requiring each general licensee using the NAC-
MPC System design to include, in the evaluations required by Sec.  
72.212(b)(5), evaluations related to the terms, conditions, and 
specifications of this certificate of compliance amendment as modified 
(i.e., changed or added) as a result of the renewal of the certificate 
of compliance and include, in the document review required by Sec.  
72.212(b)(6), a review of the final safety analysis report changes 
resulting from the renewal of the certificate of compliance and the NRC 
Safety Evaluation Report for the renewal of the certificate of 
compliance. The general licensee would also be required to ensure that 
the evaluations required by Sec.  72.212(b)(7) in response to these 
changes are conducted and the determination required by Sec.  
72.212(b)(8) is made. This condition also makes it clear that to meet 
the requirements in Sec.  72.212(b)(11), general licensees that 
currently use a NAC-MPC System will need to update their Sec.  72.212 
reports, even if they do not put additional NAC-MPC Systems into 
service after the renewal's effective date. These evaluations, reviews, 
and determinations are to be completed before the dry storage system 
enters the period of extended operation (which begins 20 years after 
the first use of the NAC-MPC System) or no later than 365 days after 
the effective date of this rule, whichever is later. This will provide 
general licensees a minimum of 365 days to comply with the new terms, 
conditions, specifications, and other changes to the certificate of 
compliance and to make the necessary determinations required by Sec.  
72.212(b)(8) as to whether activities related to the storage of spent 
nuclear fuel using the renewed certificate of compliance involve a 
change in the facility Technical Specifications or requires a license 
amendment for the facility.
     A condition requiring all future amendments and revisions 
to the certificate of compliance (i.e., the initial certificate 1025 
and Amendment Nos. 1 through 8) to include evaluations of the impacts 
to aging management activities (i.e., time-limited aging analyses and 
aging management programs) to ensure they remain adequate for any 
changes to structures, systems, and components important to safety 
within the scope of renewal. This condition ensures that future 
amendments to the certificate of compliance address the renewed design 
bases for the certificate of compliance, including aging management 
impacts that may arise from the changes to the system in proposed 
future amendments.
    Additionally, the condition for the initial certificate and 
Amendment Nos. 1 through 8 would be amended to reflect changes to the 
scope of the general license granted by Sec.  72.210 that were made 
after the approval of the initial certificate. The authorization is 
amended to allow persons authorized to possess or operate a nuclear 
power reactor under 10 CFR part 52 to use the NAC-MPC System under the 
general license issued under Sec.  72.210.
    The NRC made one corresponding change from the technical 
specifications for the initial certificate of compliance and Amendment 
Nos. 1 through 8 by adding a section addressing the aging management 
program. General licensees using the NAC-MPC System design during the 
period of extended operation will need to establish, implement, and 
maintain written procedures for each applicable aging management 
program in the final safety analysis report to use the NAC-MPC System 
design during the approved period of extended operation. The procedures 
will need to include provisions for changing aging management program 
elements, as necessary, and within the limitations of

[[Page 51214]]

the approved design bases, to address new information on aging effects 
based on inspection findings and/or industry operating experience. 
General licensees will also be required to perform tollgate assessments 
on the state of knowledge of aging-related operational experience, 
research, monitoring, and inspections to ascertain the ability of in-
scope NAC-MPC System to continue to perform their intended safety 
functions throughout the renewed period of extended operation.

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 impacts of using NRC-approved storage casks were analyzed 
in the environmental assessment for the 1990 final rule and are 
described in ``Environmental Assessment for Proposed Rule Entitled, 
`Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear 
Power Reactor Sites.' '' The potential environmental impacts for the 
longer-term use of dry cask designs and the renewal of certificates of 
compliance were analyzed in the environmental assessment for the 2011 
final rule establishing the regulatory requirements for renewing 
certificates of compliance and are described in ``Environmental 
Assessment and Finding of No Significant Impact for the Final Rule 
Amending 10 CFR part 72 License and Certificate of Compliance Terms'' 
(ML100710441). The environmental impacts from continued storage were 
also considered in NUREG-2157, ``Generic Environmental Impact Statement 
for Continued Storage of Spent Nuclear Fuel.'' The environmental 
assessment for this renewal of the initial certificate and Amendment 
Nos. 1 through 8 tiers off of the environmental assessment for the 
February 16, 2011, final rule and NUREG-2157. Tiering from past 
environmental assessments is a standard process under the National 
Environmental Policy Act of 1969, as amended.
    The NAC-MPC System design 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 at which 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.
    A renewal reaffirms the original design basis, perhaps with some 
modifications. The renewal allows the cask to be used during a period 
of extended operation that corresponds to the term certified by the 
cask's certificate of compliance in the renewal. As a condition of the 
renewal, the NRC requires an aging management program that will ensure 
that structures, systems, and components important to safety will 
perform as designers intended during the renewal period. The renewal 
does not reflect a change in design or fabrication of the cask system. 
Because the aging management program will ensure the structures, 
systems, and components important to safety for the cask will perform 
as designed for the renewal period, any resulting occupational exposure 
or offsite dose rates from the renewal of the initial certificate and 
Amendment Nos. 1 through 8 would remain well within the limits provided 
in 10 CFR part 20, ``Standards for Protection Against Radiation.'' The 
NRC has also determined that the design of the cask system would 
continue to maintain confinement, shielding, and criticality control in 
the event of an accident. The NRC determined that the structures, 
systems, and components important to safety will continue to perform 
their intended functions during the requested period of extended 
operation. The NRC determined that the renewed NAC-MPC System design, 
when used under the conditions specified in the renewed 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. 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 renewing the NAC-MPC 
System design and to not issue the direct final rule. Consequently, any 
10 CFR part 72 general licensee that seeks to load spent nuclear fuel 
into the NAC-MPC System design after the expiration date of the 
certificate of compliance or that seeks to continue storing spent 
nuclear fuel in the NAC-MPC System design for longer than the term 
certified by the cask's certificate of compliance for the initial 
certificate (i.e., more than 20 years) would have to request an 
exemption from the requirements of Sec. Sec.  72.212 and 72.214 or 
would have to load the spent nuclear fuel into a different approved 
cask design. Under this alternative, those licensees interested in 
continuing to use the NAC-MPC System design 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. If the general licensee is granted an exemption, the 
environmental impacts would be the same as the proposed action. If the 
general licensee is not granted an exemption, the general licensee 
would need to unload the NAC-MPC system and load the fuel into another 
cask system design, which would result in environmental impacts that 
are greater than for the proposed action because activities associated 
with cask loading and decontamination may result in some small liquid 
and gaseous effluent.

E. Alternative Use of Resources

    Renewal of the initial certificate and Amendment Nos. 1 through 8 
to Certificate of Compliance No. 1025 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 proposed action is to amend Sec.  72.214 to revise the NAC-MPC 
System listing within the ``List of Approved Spent Fuel Storage Casks'' 
to renew, for an additional 40 years, the initial certificate and 
Amendment Nos. 1 through 8 of Certificate of Compliance No. 1025. 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, and 
are described in the preceding environmental assessment in Section VIII 
of this notice.
    The renewal does not reflect a change in design or fabrication of 
the cask system as approved for the initial certificate or Amendment 
Nos. 1 through 8. The NRC determined that the renewed NAC-MPC System 
design, when used under the conditions specified in the renewed 
certificate of compliance, the technical specifications, and the NRC's 
regulations, will meet the requirements of 10 CFR part 72; therefore, 
adequate

[[Page 51215]]

protection of public health and safety will continue to be reasonably 
assured.
    Based on the foregoing environmental assessment, the NRC concludes 
that this direct final rule, ``List of Approved Spent Fuel Storage 
Casks: NAC-MPC System, Certificate of Compliance No. 1025, Renewal of 
the initial certificate and Amendment Nos. 1 through 8,'' will not have 
a significant effect on the quality of the human environment. 
Therefore, the NRC has determined that an environmental impact 
statement is not necessary for this direct final rule and the 
Commission has determined not to prepare an environmental impact 
statement for the proposed action.
    The final finding of no significant impact and the other related 
environmental documents, including NUREG-2157, the ``Environmental 
Assessment and Finding of No Significant Impact for the Final Rule 
Amending 10 CFR part 72 License and Certificate of Compliance Terms'' 
(2010) are available for public inspection through the NRC public 
website using ADAMS as described in Section I, ``Obtaining Information 
and Submitting Comments.''

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. NAC International, Inc. is a diversified energy 
technology company that engages in manufacturing, has more than 500 
employees, and does not qualify as a small entity based on the 
Regulatory Flexibility Act or the NRC size standards at Sec.  2.810. 
Similarly, none of the existing nuclear power plants storing spent 
nuclear fuel qualify as small entities under the Regulatory Flexibility 
Act or NRC size standards. Therefore, neither the current licensees 
affected by this rule, nor NAC International, Inc., 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. 
Therefore, pursuant to its delegated authority, the Executive Director 
for Operations certifies under section 605 of the Regulatory 
Flexibility Act ``that the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.''

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 under a general 
license 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 April 10, 2000 (64 FR 12444), the NRC 
issued an amendment to 10 CFR part 72 that approved the NAC-MPC System 
design by adding it to the list of NRC-approved cask designs in Sec.  
72.214.
    On December 18, 2019, as supplemented on August 10, 2021; March 18, 
2022; and July 22, 2022, NAC International, Inc. submitted a request to 
renew Certificate of Compliance No. 1025 for the NAC-MPC System design 
for an additional 40 years beyond the initial certificate term 
(ML19357A178, ML21231A154, ML22077A831, and ML22203A127 respectively).
    The alternative to this action is to withhold approval of the 
renewal of the initial certificate and Amendments Nos. 1 through 8 and 
to require any 10 CFR part 72 general licensee seeking to continue the 
storage of spent nuclear fuel in the NAC-MPC System design using the 
initial certificate or Amendments No. 1 through 8 beyond the initial 
20-year storage term certified by the cask's initial certificate of 
compliance to request an exemption from the requirements of Sec. Sec.  
72.212 and 72.214. The term for general licenses would not be extended 
from 20 years to 40 years. 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 
report 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 and Issue Finality

    The NRC has determined that the actions in this direct final rule 
do not require a backfit analysis because they do not fall within the 
definition of backfitting under Sec.  72.62 or Sec.  50.109(a)(1), they 
do not impact the issue finality provisions applicable to combined 
licenses under 10 CFR part 52, and they do not impact general licensees 
that are using these systems for the duration of their current general 
licenses.
    Certificate of Compliance No. 1025 for the NAC-MPC System design, 
as currently listed in Sec.  72.214, ``List of Approved Spent Fuel 
Storage Casks,'' was initially approved for a 20-year term. This direct 
final rule would renew the initial certificate and Amendment Nos. 1 
through 8, extending their approval period by 40 years. The term 
certified by the cask's certificate of compliance for a renewed 
certificate of compliance is the period of time commencing with the 
most recent certificate of compliance renewal date and ending with the 
certificate of compliance expiration date. With this renewal, the term 
certified by the cask's certificate of compliance would change from 20 
years to 40 years, with the period of extended operation beginning 20 
years after the cask is placed into service. The revision to the 
certificate of compliance through the renewal consists of the changes 
in the renewed initial certificate and renewed Amendment Nos. 1 through 
8 as previously described, and as set forth in the renewed certificates 
of compliance and technical specifications. These changes would not 
affect the use of the NAC-MPC System design for the initial 20-year 
term for previously loaded casks. The renewed certificates would 
require implementation of aging

[[Page 51216]]

management programs during the period of extended operation, which 
begins after the storage cask system's initial 20-year service period.
    Because the term for the renewal would be longer than the initial 
term certified by the cask's certificate of compliance, the general 
licensee's authority to use the cask would be extended and would be no 
less than 40 years. This change would not add, eliminate, or modify (1) 
structures, systems, or components of an independent spent fuel storage 
installation or a monitored retrievable storage installation or (2) the 
procedures or organization required to operate an independent spent 
fuel storage installation or a monitored retrievable storage 
installation.
    Renewing these certificates does not fall within the definition of 
backfit under Sec.  72.62 or Sec.  50.109, or otherwise represent an 
inconsistency with the issue finality provisions applicable to combined 
licenses in 10 CFR part 52. General licensees who have loaded these 
casks, or who load these casks in the future under the specifications 
of the applicable certificate, may continue to store spent fuel in 
these systems for the initial 20-year storage period authorized by the 
original certificate. Extending the certificates' expiration dates for 
40 more years and requiring the implementation of aging management 
programs does not impose any modification or addition to the design of 
the structures, systems, and components important to safety of a cask 
system, or to the procedures or organization required to operate the 
system during this initial 20-year term certified by the cask's 
certificate of compliance. The aging management programs required to be 
implemented by this renewal are only required to be implemented after 
the storage cask system's initial 20-year service period ends.
    Because this rulemaking renews the certificates, and because 
renewal is a separate NRC licensing action voluntarily implemented by 
vendors or licensees, the renewal of these certificates is not an 
imposition of new or changed requirements from which these certificate 
of compliance holders or licensees would otherwise be protected by the 
backfitting provisions in Sec.  72.62 or Sec.  50.109. Even if renewal 
of this certificate of compliance cask system design could be 
considered a backfit, NAC International, Inc., as the certificate of 
compliance holder and vendor of the casks, is not protected by the 
backfitting provisions in Sec.  72.62 in this capacity.
    NAC International, Inc. is also a general licensee using the NAC-
MPC System design under a general license. General licensees, including 
NAC International, Inc., using the existing systems subject to these 
renewals would be protected by the backfitting provisions in Sec.  
72.62 and Sec.  50.109 if the renewals constituted new or changed 
requirements. But as previously explained, renewal of the certificates 
for these systems does not impose such requirements. The general 
licensees using these certificates of compliance may continue storing 
material in the NAC-MPC System design for the initial 20-year storage 
period identified in the applicable certificate or amendment with no 
changes. If general licensees choose to continue to store spent fuel in 
the NAC-MPC System design after the initial 20-year period, these 
general licensees will be required to implement the applicable aging 
management programs for any cask systems subject to a renewed 
certificate of compliance, but such continued use is voluntary.
    Additionally, the actions in this direct final rule do not impact 
issue finality provisions applicable to combined licenses under 10 CFR 
part 52. Currently, there are no NAC-MPC system used at an independent 
fuel storage installation associated with a nuclear power reactor 
licensed pursuant to 10 CFR part 52 under the general license granted 
by Sec.  72.210.
    For these reasons, renewing the initial certificate and Amendment 
Nos. 1 through 8 of Certificate of Compliance No. 1025 does not 
constitute backfitting under Sec.  72.62 or Sec.  50.109(a)(1), or 
otherwise represent an inconsistency with the issue finality provisions 
applicable to combined licenses in 10 CFR part 52. Accordingly, the NRC 
has not prepared 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.

----------------------------------------------------------------------------------------------------------------
                          Document                              ADAMS accession No./ Federal Register citation
----------------------------------------------------------------------------------------------------------------
   Preliminary Certificates of Compliance and Preliminary Conditions for Cask Use and Technical Specifications
----------------------------------------------------------------------------------------------------------------
Preliminary Renewed Initial Certificate of Compliance No.    ML22297A272.
 1025.
Preliminary Conditions for Cask Use and Technical            ML22297A281.
 Specifications, Renewed Initial Certificate.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A273.
 Renewed Amendment No. 1.
Preliminary Conditions for Cask Use and Technical            ML22297A282.
 Specifications, Renewed Amendment No. 1.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A274.
 Renewed Amendment No. 2.
Preliminary Conditions for Cask Use and Technical            ML22297A283.
 Specifications, Renewed Amendment No. 2.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A275.
 Renewed Amendment No. 3.
Preliminary Conditions for Cask Use and Technical            ML22297A284.
 Specifications, Renewed Amendment No. 3.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A276.
 Renewed Amendment No. 4.
Preliminary Conditions for Cask Use and Technical            ML22297A285.
 Specifications, Renewed Amendment No. 4.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A277.
 Renewed Amendment No. 5.
Preliminary Conditions for Cask Use and Technical            ML22297A286.
 Specifications, Renewed Amendment No. 5.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A278.
 Renewed Amendment No. 6.
Preliminary Conditions for Cask Use and Technical            ML22297A287.
 Specifications, Renewed Amendment No. 6.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A279.
 Renewed Amendment No. 7.
Preliminary Conditions for Cask Use and Technical            ML22297A288.
 Specifications, Renewed Amendment No. 7.
Preliminary Renewed Certificate of Compliance No. 1025,      ML22297A280.
 Renewed Amendment No. 8.
Preliminary Conditions for Cask Use and Technical            ML22297A289.
 Specifications, Renewed Amendment No. 8.
----------------------------------------------------------------------------------------------------------------

[[Page 51217]]

 
                                      Preliminary Safety Evaluation Report
----------------------------------------------------------------------------------------------------------------
Preliminary Final Safety Evaluation Report for Renewal of    ML22297A270.
 Initial Certificate and Amendments Nos. 1 through 8, of
 CoC No. 1025 for the NAC Multi-Purpose Canister.
----------------------------------------------------------------------------------------------------------------
                                             Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled,         ML051230231.
 ``Storage of Spent Nuclear Fuel in NRC-Approved Storage
 Casks at Nuclear Power Reactor Sites.'' (1989).
``Environmental Assessment and Finding of No Significant     ML100710441.
 Impact for the Final Rule Amending 10 CFR Part 72 License
 and Certificate of Compliance Terms'' (2010).
Generic Environmental Impact Statement for Continued         ML14198A440 (package).
 Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
 Volumes 1 and 2) (2014).
``Storage of Spent Fuel In NRC-Approved Storage Casks at     55 FR 29181.
 Power Reactor Sites'' Final Rule (July 18, 1990).
----------------------------------------------------------------------------------------------------------------
 NAC Multi-Purpose Canister (NAC-MPC) System, Certificate of Compliance No. 1025, Renewal Application Documents
----------------------------------------------------------------------------------------------------------------
Preliminary Renewal Package for the NAC-MPC System, CoC      ML22297A269 (package).
 1025.
NAC International--Submission of a Request to Renew the      ML19357A178 (package).
 U.S. Nuclear Regulatory Commission Certificate of
 Compliance No. 1025 for the NAC-MPC Cask System.
NAC International, Inc.--Responses to the Nuclear            ML21231A154 (package).
 Regulatory Commission's (NRC) Request for Additional
 Information for the Request to Renew the NRC Certificate
 of Compliance No. 1025 for the NAC-MPC Cask System.
NAC, Submittal of Responses to the Nuclear Regulatory        ML22077A831 (package).
 Commission's (NRC) Request for Additional Information for
 the Request to Renew the NRC Certificate of Compliance No.
 1025 for the NAC-MPC Cask System.
Supplement to the Submission of Responses to the Nuclear     ML22203A127.
 Regulatory Commission's (NRC) Request for Additional
 Information for the Request to Renew the NRC Certificate
 of Compliance No. 1025 for the NAC-MPC Cask System.
User Need For Rulemaking For Certificate Of Compliance       ML22297A271.
 Renewal, Initial Issue (Amendment Number 0), Amendment
 Numbers 1 Through 8 To The NAC Multipurpose Canister
 System.
----------------------------------------------------------------------------------------------------------------
                                                 Other Documents
----------------------------------------------------------------------------------------------------------------
``Standard Review Plan for Renewal of Specific Licenses and  ML16179A148.
 Certificates of Compliance for Dry Storage of Spent
 Nuclear Fuel.'' NUREG-1927, Revision 1. Washington, DC.
 June 2016.
``Managing Aging Processes in Storage (MAPS) Report.''       ML19214A111.
 Final Report. NUREG-2214. Washington, DC. July 2019.
``Agreement State Program Policy Statement; Correction''     82 FR 48535.
 (October 18, 2017).
Regulatory Guide 3.76, Revision 0, ``Implementation of       ML21098A022.
 Aging Management Requirements for Spent Fuel Storage
 Renewals.'' July 2021.
----------------------------------------------------------------------------------------------------------------

    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-2023-0080.

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. 1025 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1025.
    Initial Certificate Effective Date: April 10, 2000, superseded by 
Renewed Initial Certificate Effective Date: October 17, 2023.
    Amendment Number 1 Effective Date: November 13, 2001, superseded by 
Renewed Amendment Number 1 Effective Date: October 17, 2023.
    Amendment Number 2 Effective Date: May 29, 2002, superseded by 
Renewed Amendment Number 2 Effective Date: October 17, 2023.
    Amendment Number 3 Effective Date: October 1, 2003, superseded by 
Renewed Amendment Number 3 Effective Date: October 17, 2023.
    Amendment Number 4 Effective Date: October 27, 2004, superseded by 
Renewed Amendment Number 4 Effective Date: October 17, 2023.
    Amendment Number 5 Effective Date: July 24, 2007, superseded by 
Renewed Amendment Number 5 Effective Date: October 17, 2023.
    Amendment Number 6 Effective Date: October 4, 2010, superseded by

[[Page 51218]]

Renewed Amendment Number 6 Effective Date: October 17, 2023.
    Amendment Number 7 Effective Date: March 4, 2019, superseded by 
Renewed Amendment Number 7 Effective Date: October 17, 2023.
    Amendment Number 8 Effective Date: March 4, 2019, superseded by 
Renewed Amendment Number 8 Effective Date: October 17, 2023.
    Safety Analysis Report (SAR) Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose 
Canister System (NAC-MPC System).
    Docket Number: 72-1025.
    Certificate Expiration Date: May 31, 2020.
    Renewed Certificate Expiration Date: April 10, 2060.
    Model Number: NAC-MPC System.
* * * * *

    Dated: July 18, 2023.

    For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-16160 Filed 8-2-23; 8:45 am]
BILLING CODE 7590-01-P