[Federal Register Volume 90, Number 143 (Tuesday, July 29, 2025)]
[Rules and Regulations]
[Pages 35589-35594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14294]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 143 / Tuesday, July 29, 2025 / Rules
and Regulations
[[Page 35589]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2025-0070]
RIN 3150-AL33
List of Approved Spent Fuel Storage Casks: TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of
Compliance No. 1042, Amendment No. 4
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
4 to Certificate of Compliance No. 1042. Amendment No. 4 changes the
certificate of compliance to incorporate a method to determine new
loading patterns, introduce a steel plate composite option, introduce
the use of MAVRIC software for a confirmatory run of the HSM-MX dose
rates, make technical specification changes for consistency and
terminology clarification, make various updated final safety analysis
report editorial corrections for consistency and clarification, add
measured exposures from past loading campaigns, allow use of a blended
Portland cement, change the use of the MX-Loading Crane, and clarify
the scenarios under which the maximum heat loads can be reduced.
DATES: This direct final rule is effective October 14, 2025, unless
significant adverse comments are received by August 28, 2025. 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direct final rule is withdrawn as a result of such comments, timely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 of only comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2025-0070,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individual listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
You can read a plain language description of this direct final rule
at https://www.regulations.gov/docket/NRC-2025-0070. For additional
direction on obtaining information and submitting comments, see
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: George Tartal, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-0016, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. 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. Regulatory Planning and Review
XIV. Congressional Review Act
XV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-0070 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0070. Address
questions about NRC dockets to Helen Chang, telephone: 301-415-3228,
email: [email protected]. For technical questions contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2025-0070 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC
[[Page 35590]]
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
The NRC is using the ``direct final rule procedure'' to issue this
amendment because this action represents a limited and routine change
to an existing certificate of compliance (CoC) that is expected to be
non-controversial and, accordingly, is unlikely to result in
significant adverse public comments. Adequate protection of public
health and safety continues to be reasonably assured. The amendment to
the rule will become effective on October 14, 2025. However, if the NRC
receives significant adverse comments on this direct final rule by
August 28, 2025, then the NRC will publish a document that withdraws
this action and will subsequently address the comments received in a
final rule as a response to the companion proposed rule published in
the Proposed Rules section of this issue of the 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, CoC, or technical specifications (TS).
For detailed instructions on filing comments, please see the
ADDRESSES section of this document.
III. Background
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended,
requires that ``[t]he Secretary [of the Department of Energy] shall
establish a demonstration program, in cooperation with the private
sector, for the dry storage of spent nuclear fuel at civilian nuclear
power reactor sites, with the objective of establishing one or more
technologies that the [Nuclear Regulatory] Commission may, by rule,
approve for use at the sites of civilian nuclear power reactors
without, to the maximum extent practicable, the need for additional
site-specific approvals by the Commission.'' Section 133 of the Nuclear
Waste Policy Act states, in part, that ``[t]he Commission shall, by
rule, establish procedures for the licensing of any technology approved
by the Commission under section 219(a) [sic: 218(a)] for use at the
site of any civilian nuclear power reactor.''
To implement this mandate, the Commission approved dry storage of
spent nuclear fuel in NRC-approved casks under a general license by
publishing a final rule that added a new subpart K in part 72 of title
10 of the Code of Federal Regulations (10 CFR) entitled ``General
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR
29181; July 18, 1990). This rule also established a new subpart L in 10
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
March 24, 2017 (82 FR 14987), that approved the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System design and added it to
the list of NRC-approved cask designs in Sec. 72.214 as CoC No. 1042.
This rule is limited to the changes contained in Amendment No. 4 to
CoC No. 1042 and does not include other aspects of the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System design.
IV. Discussion of Changes
On September 29, 2022, TN Americas LLC submitted a request to the
NRC to amend CoC No. 1042. TN Americas LLC supplemented its request on
the following dates: March 30, 2023, June 28, 2023, April 22, 2024,
November 6, 2024, and February 12, 2025. Amendment No. 4 amends the CoC
to make the following changes:
For the EOS-37PTH, similar to the EOS-89BTH concept
submitted under Amendment No. 3, incorporate a method to determine new
loading patterns based on the maximum allowable heat load per dry
shielded canister (DSC), identified as the maximum allowable heat load
configuration (MHLC). The MHLC is applicable to the EOS-37PTH
transferred in the EOS-TC125 and stored in the EOS-horizontal storage
module (HSM). Two new heat load zone configurations (HLZCs) are
applicable to this MHLC.
Introduce a steel plate composite option for the EOS-HSM.
The steel plate composite option allows for the HSM components to be
constructed from concrete-filled integrated steel wall forms. The walls
are tied together with tie bars and studs that are welded to the inside
of the walls to provide concrete reinforcement. When used without
distinction, EOS-HSM-SC refers to both the segmented and one-piece
base. The EOS-HSM-SC is used only with the flat plate support
structure.
Introduce the use of MAVRIC software for a confirmatory
run of the HSM-MX dose rates.
Technical specification changes for consistency among DSC
types and terminology clarification.
Various updated final safety analysis report (UFSAR)
editorial corrections for consistency and clarification.
Add measured exposures from past loading campaigns to
highlight that measured exposures are significantly less than
calculated exposures.
Add an additional scope item to allow use of a blended
Portland cement that would be certified to the requirements of American
Society for Testing and Materials (ASTM) C595. The reason for this
change is that the cement supplier will no longer provide cement in
accordance with ASTM C150 since the supplier is transitioning to a
cement with a smaller carbon footprint that includes 10 percent
limestone. This change supports continued EOS-HSM and EOS HSM-MX
fabrication activities. In support of this additional scope, revise
UFSAR sections 8.2.1.3, EOS HSM Horizontal Storage Module; 8.7,
References; A.8.2.1.3, HSM-MX Horizontal Storage Module; and A.8.7,
References. Also add an editorial clarification to UFSAR chapters 8 and
A.8 regarding the use of a blended Portland cement that would be
certified to the requirements of ASTM C595.
Add an additional scope item related to the use of the MX-
Loading Crane (LC) for the 61BTH Type 2 DSCs. The reason for this
change is that, under Amendment No. 3, TN Americas LLC added detail to
demonstrate the single failure proof capability of the MX-LC. That
information was provided to demonstrate compliance with CoC No.
[[Page 35591]]
1042, Amendment No. 3, Condition 5 for lifts of the DSC and transfer
cask above heights not analyzed for an accidental drop, and to comply
with CoC No. 1042, Amendment No. 3, TS 5.2.1 for transfer cask/DSC
lifting height limits. However, TN Americas LLC omitted addressing use
of the MX-LC for the 61BTH DSCs. This change supports the continued use
of the HSM-MX in conjunction with the MX-LC for 61BTH DSCs. In support
of this additional scope, revise UFSAR sections B.9.1.6, DSC Transfer
to the HSM-MX; B.9.2.1, DSC Retrieval from the HSM-MX; B.9.3,
References; B.12.3.1, OS197 Transfer Cask (TC) Drop; and B.12.4,
References.
Add an additional scope item to clarify the scenarios
under which the maximum heat loads can be reduced for EOS-37PTH. The
reason for this change is to clarify the different site-specific
conditions that could result in a reduction in the maximum heat load
for existing HLZCs and to also note that one could develop new HLZCs
based on the MHLC methodology described in UFSAR section 2.4.3.1. Add
this clarifying language to the fourth paragraph on UFSAR page 2-10 and
to page 2-2 of the TS.
The changes to the aforementioned documents are identified with
revisions bars in the margin of each document.
As documented in the preliminary safety evaluation report, the NRC
performed a safety evaluation of the proposed CoC amendment request.
The NRC determined that this amendment does not reflect a significant
change in design or fabrication of the cask. Specifically, the NRC
determined that the design of the cask would continue to maintain
confinement, shielding, and criticality control in the event of each
evaluated accident condition. In addition, any resulting occupational
exposure or offsite dose rates from the implementation of Amendment No.
4 would remain well within the limits specified by 10 CFR part 20,
``Standards for Protection Against Radiation.'' Thus, 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.
The NRC determined that the amended TN Americas LLC, NUHOMS[supreg]
EOS Dry Spent Fuel Storage System cask design, when used under the
conditions specified in the CoC, the TS, 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. This direct final rule changes the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing in Sec.
72.214 by adding Amendment No. 4 to CoC No. 1042. The amendment
consists of the changes previously described, as set forth in the
referenced CoC and TS. The referenced TS are identified in the
preliminary safety evaluation report. 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 TN Americas LLC, NUHOMS[supreg] EOS Dry
Spent Fuel Storage System casks that meet the criteria of Amendment No.
4 to CoC No. 1042.
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
TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel 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; therefore,
the National Technology Transfer and Advancement Act is not applicable.
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). The NRC requests comment on this document with respect to the
clarity and effectiveness of the language used.
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. This environmental
assessment and finding of no significant impact can be tracked with
identification number NEPA ID EAXX-429-00-000-1743148474.
A. The Action
The action is to amend Sec. 72.214 to change the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
4 to CoC No. 1042.
B. The Need for the Action
This direct final rule amends the CoC for the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel 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. 4
changes the CoC to incorporate a method to determine new loading
patterns, introduce a steel plate composite option, introduce the use
of MAVRIC software for a confirmatory run of the HSM-MX dose rates,
make TS changes for consistency and terminology clarification, make
various UFSAR editorial corrections for consistency and clarification,
add measured exposures from past loading campaigns, allow use of a
blended Portland cement, change the use of the MX-LC, and clarify the
scenarios under which the maximum heat loads can be reduced.
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
[[Page 35592]]
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 4 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 TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel 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 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.
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 No. 4 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 continue to 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 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 No.
4 and not issue the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the TN
Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System in
accordance with the changes described in proposed Amendment No. 4 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 No. 4 to CoC No. 1042 would result in no
irreversible and irretrievable commitments of Federal 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: TN Americas LLC, NUHOMS[supreg] EOS
Dry Spent Fuel Storage System, Certificate of Compliance No. 1042,
Amendment No. 4,'' 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
TN Americas LLC. 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 CoC; and (3) the
conditions of the general license are met. A list of NRC-approved cask
designs is contained in Sec. 72.214. On March 24, 2017 (82 FR 14987),
the NRC issued an amendment to 10 CFR part 72 that approved the TN
Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System by
adding it to the list of NRC-approved cask designs in Sec. 72.214.
On September 29, 2022, and as supplemented on March 30, 2023, June
28, 2023, April 22, 2024, November 6, 2024, and February 12, 2025, TN
Americas LLC submitted a request to amend the NUHOMS[supreg] EOS Dry
Spent Fuel Storage System as described in section IV, ``Discussion of
Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 4 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into TN Americas LLC, NUHOMS[supreg] EOS Dry
Spent Fuel Storage System under the changes described in Amendment No.
4 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
report and environmental assessment, this direct final rule will have
no adverse effect on
[[Page 35593]]
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 justified.
XII. Backfitting and Issue Finality
The NRC has determined that this direct final rule does not
constitute backfitting under Sec. 72.62. This direct final rule adds
an amendment to CoC No. 1042 for the TN Americas LLC, NUHOMS[supreg]
EOS Dry Spent Fuel Storage System, as currently listed in Sec. 72.214.
The amendment consists of the changes in Amendment No. 4 previously
described, as set forth in the amended CoC and TS.
Amendment No. 4 to CoC No. 1042 for the TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System was initiated by TN
Americas LLC and was not submitted in response to new NRC requirements
or an NRC request for amendment. Certificate of compliance holders like
TN Americas LLC are not within the scope of the backfit rule in Sec.
72.62 because they do not hold a 10 CFR part 72 license. Additionally,
Amendment No. 4 applies only to new casks fabricated and used under
Amendment No. 4. These changes do not affect existing users of the TN
Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and the
previous Amendment No. 3 continues to be effective for existing users.
Although current users of this storage system may comply with the new
requirements in Amendment No. 4, this would be a voluntary decision on
the part of current users. Therefore, Amendment No. 4 does not meet the
definition of backfitting in Sec. 72.62.
For these reasons, Amendment No. 4 to CoC No. 1042 does not
constitute backfitting under Sec. 72.62.
XIII. Regulatory Planning and Review
Executive Order (E.O.) 12866, as amended by E.O. 14215, provides
that the Office of Information and Regulatory Affairs (OIRA) will
determine whether a regulatory action is significant as defined by E.O.
12866 and will review significant regulatory actions. OIRA determined
that this direct final rule is not a significant regulatory action
under E.O. 12866.
XIV. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
ADAMS Accession No./
Document Federal Register
Citation
------------------------------------------------------------------------
Proposed Certificate of Compliance
------------------------------------------------------------------------
``Proposed CoC No.1042--EOS Amendment No. 4'' ML25078A250
------------------------------------------------------------------------
Preliminary Safety Evaluation Report
------------------------------------------------------------------------
``PSER--EOS Amendment No. 4''................ ML25078A252
------------------------------------------------------------------------
Proposed Conditions for Cask Use and Technical Specifications
------------------------------------------------------------------------
``Proposed Technical Specifications--EOS ML25078A251
Amendment No. 4''.
------------------------------------------------------------------------
Environmental Documents
------------------------------------------------------------------------
``Storage of Spent Fuel In NRC-Approved 55 FR 29181
Storage Casks at Power Reactor Sites'' Final
Rule (July 18, 1990).
------------------------------------------------------------------------
TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System
Amendment Application Documents
------------------------------------------------------------------------
``Application for Amendment 4 to NUHOMS EOS ML22272A575
Certificate of Compliance No. 1042, Revision
0 (Docket 72-1042),'' September 29, 2022.
``TN Americas LLC Application for Amendment 4 ML23089A175
to NUHOMS EOS Certificate of Compliance No.
1042, Revision 1--Response to Request for
Supplemental Information,'' March 30, 2023.
``Application for Amendment 4 to NUHOMS EOS ML23179A120
Certificate of Compliance No. 1042, Revision
2 (Docket 72-1042, CAC No. 001028, EPID: L-
2022-LLA-0017)--Supplemental Responses to
Request for Supplemental Information,'' June
28, 2023.
``TN Americas LLC, Application for Amendment ML24113A307
4 to NUHOMS EOS Certificate of Compliance
No. 1042, Revision 3 (Docket 72-1042, CAC
No. 001028, EPID: L-2022-LLA-0017)--Response
to Request for Additional Information,''
April 22, 2024.
``Application for Amendment 4 to NUHOMS EOS ML24311A209
Certificate of Compliance No. 1042, Revision
4 (Docket 72-1042, CAC No. 001028, EPID: L-
2022-LLA-0017)--Revised Response to Request
for Additional Information,'' November 6,
2024.
``Application for Amendment 4 to NUHOMS EOS ML25043A122
Certificate of Compliance No. 1042, Revision
5 (Docket 72-1042, CAC No. 001028, EPID: L-
2022-LLA-0017)--Supplemental Responses to
Request for Additional Information,''
February 12, 2025.
------------------------------------------------------------------------
Other Documents
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``Agreement State Program Policy Statement; 82 FR 48535
Correction.'' (October 18, 2017).
Presidential Memorandum, ``Plain Language in 63 FR 31885
Government Writing.'' (June 10, 1998).
List of Approved Spent Fuel Storage Casks: TN 82 FR 14987
Americas LLC, NUHOMS[supreg] EOS Dry Spent
Fuel Storage System, Certificate of
Compliance No. 1042: Direct Final Rule,
March 24, 2017.
List of Approved Spent Fuel Storage Casks: TN 88 FR 27397
Americas LLC, NUHOMS[supreg] EOS Dry Spent
Fuel Storage System, Certificate of
Compliance No. 1042, Amendment 3: Direct
Final Rule, May 2, 2023.
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[[Page 35594]]
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2025-0070. In addition, the
Federal rulemaking website allows members of the public to receive
alerts when changes or additions occur in a docket folder. To
subscribe: (1) navigate to the docket folder NRC-2025-0070; (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
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. 1042 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1042.
Initial Certificate Effective Date: June 7, 2017.
Amendment Number 1 Effective Date: June 17, 2020.
Amendment Number 2 Effective Date: October 26, 2021.
Amendment Number 3 Effective Date: July 17, 2023.
Amendment Number 4 Effective Date: October 14, 2025.
SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS
Dry Spent Fuel Storage System.
Docket Number: 72-1042.
Certificate Expiration Date: June 7, 2037.
Model Number: EOS-37PTH, EOS-89BTH, 61BTH Type 2.
* * * * *
Dated: July 17, 2025.
For the Nuclear Regulatory Commission.
Michael King,
Acting Executive Director for Operations.
[FR Doc. 2025-14294 Filed 7-28-25; 8:45 am]
BILLING CODE 7590-01-P