[Federal Register Volume 91, Number 18 (Wednesday, January 28, 2026)]
[Proposed Rules]
[Pages 3683-3685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01650]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 18 / Wednesday, January 28, 2026 /
Proposed Rules
[[Page 3683]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2025-1369]
RIN 3150-AL55
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. 5
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its spent fuel storage regulations by revising the TN Americas
LLC, NUHOMS[supreg] Extended Optimized Storage (EOS) Dry Spent Fuel
Storage System listing within the ``List of approved spent fuel storage
casks'' to include Amendment No. 5 to Certificate of Compliance (CoC)
No. 1042. Amendment No. 5 would revise the CoC to add a new heat load
zone configuration for the EOS-37PTH canister, increasing the maximum
heat load to 54 kW per dry shielded canister for storage in the EOS-
Horizontal Storage Module and transfer using EOS-Transfer Casks TC125/
135; clarify acceptance criteria for minor surface imperfections on
high strength low-alloy basket plates in the Updated Final Safety
Analysis Report (UFSAR); and make editorial updates to the UFSAR and
Technical Specification revisions to align with Amendment No. 4,
improve readability, and correct code references.
DATES: Submit comments by February 27, 2026. 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.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2025-1369,
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-2025-1369. 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: Amy McKenna, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Regulatory Planning and Review
VI. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2025-1369 when contacting the NRC
about the availability of information for this action. You may obtain
publicly available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-1369. 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-2025-1369 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
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 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
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently with a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on April 13,
2026. However, if the NRC receives any significant adverse comment by
February 27, 2026, then the NRC will publish a document that withdraws
the direct final rule. If the direct final rule is withdrawn, the NRC
will address the comments in a subsequent final rule. In general,
absent significant modifications to the proposed revisions requiring
republication, the NRC will not initiate a second comment period on
this action
[[Page 3684]]
in the event the direct final rule is withdrawn.
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.
For a more detailed discussion of the proposed rule changes and
associated analyses, see the direct final rule published in the Rules
and Regulations section of this issue of the Federal Register.
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 would be limited to the changes contained in Amendment
No. 5 to CoC No. 1042 and would not include other aspects of the TN
Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System design.
IV. 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 proposed rule with respect to
clarity and effectiveness of the language used.
V. Regulatory Planning and Review
Executive Order (E.O.) 12866
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 proposed rule is not a significant regulatory action under
E.O. 12866.
Review Under E.O.s 14154, 14192, 14215, and 14300
The NRC has examined this proposed rule and has determined that it
is consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy,'' E.O. 14192, ``Unleashing Prosperity
Through Deregulation,'' E.O. 14215 ``Ensuring Accountability for All
Agencies,'' and E.O. 14300, ``Ordering the Reform of the Nuclear
Regulatory Commission.'' This proposed rule is not considered an E.O.
14192 deregulatory action.''
VI. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
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ADAMS accession No./
Document Federal Register citation
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Proposed Certificate of Compliance
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``Proposed Certificate of Compliance ML25231A254
No.1042--EOS Amendment No. 5.
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Preliminary Safety Evaluation Report
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Preliminary Safety Evaluation Report for ML25231A256
Certificate of Compliance No. 1042,
Amendment No. 5.
Proposed Technical Specifications for CoC ML25231A255
No. 1042, Amendment No. 5 Rev 0.
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Other Documents
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Final Rule, List of Approved Spent Fuel 82 FR 14987
Storage Casks: TN Americas LLC,
NUHOMS[supreg] EOS Dry Spent Fuel Storage
System, Certificate of Compliance No.
1042,'' published March 24, 2017.
Final Rule, ``Storage of Spent Fuel in NRC- 55 FR 29181
Approved Storage Casks at Power Reactor
Sites,'' published July 18, 1990.
Presidential Memorandum, ``Plain Language in 63 FR 31885
Government Writing,'' published June 10,
1998.
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[[Page 3685]]
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-2025-1369. 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-2025-1369; (2) click
the ``Subscribe'' link; and (3) enter an email address and click on the
``Subscribe'' link.
Dated: January 15, 2026.
For the Nuclear Regulatory Commission.
Michael King,
Executive Director for Operations.
[FR Doc. 2026-01650 Filed 1-27-26; 8:45 am]
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