[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Rules and Regulations]
[Pages 4427-4428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01948]
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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. 91, No. 21 / Monday, February 2, 2026 / Rules
and Regulations
[[Page 4427]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2023-0050 and NRC-2025-0070]
RIN 3150-AK93 and 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 Nos. 3 and 4; Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Correcting amendments.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published two
direct final rules in the Federal Register, which amended its spent
fuel storage regulations by revising the NUHOMS[supreg] EOS Dry Spent
Fuel Storage System listing within the ``List of approved spent fuel
storage casks'' to include Amendment Nos. 3 and 4 to Certificate of
Compliance No. 1042 on May 2, 2023 (88 FR 39119), and July 29, 2025 (90
FR 35640), respectively. Amendment No. 3 became effective on July 17,
2023, and Amendment No. 4 became effective on October 14, 2025. The
technical specifications for the NUHOMS[supreg] EOS Dry Spent Fuel
Storage System, Amendment Nos. 3 and 4 contained a typographical error.
The purpose of this action is to correct the errors. The final rule
contained minor errors in grammar, punctuation, and referencing. This
document corrects the final rule by revising the sections that contain
these errors.
DATES: The correction is effective February 2, 2026.
ADDRESSES: For Amendment No. 3, please refer to Docket ID NRC-2023-0050
and for Amendment No. 4, 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 using any of the following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket IDs NRC-2023-0050 or 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin ADAMS Public 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]. The ADAMS accession number for each document
referenced (if it is available in ADAMS) is provided the first time
that it is mentioned in the SUPPLEMENTARY INFORMATION 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.
FOR FURTHER INFORMATION CONTACT: John-Chau Nguyen, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-0262; email: [email protected].
SUPPLEMENTARY INFORMATION: The NRC published two direct final rules in
the Federal Register on May 2, 2023 (88 FR 39119) and July 29, 2025 (90
FR 35598), respectively, amending its regulations in part 72 of title
10 of the Code of Federal Regulations (10 CFR) by revising the ``List
of approved spent fuel storage casks'' to add Amendment Nos. 3 and 4 to
Certificate of Compliance No. 1042 for the NUHOMS[supreg] EOS Dry Spent
Fuel Storage System. Amendment No. 3 became effective on July 17, 2023,
and Amendment No. 4 became effective on October 14, 2025. The technical
specifications for these direct final rules contained an incorrect
table number in section 4.4.4, the `Justification and Compensatory
Measures' for reference ASME code section NB-5520.
On August 28, 2025, (ADAMS Accession No. ML25240B483), TN Americas
LLC (TN) notified the U.S. Nuclear Regulatory Commission (NRC) staff
that TN has identified an editorial, non-substantiative error which
appears in the Proposed Technical Specifications of Amendment No. 5 to
CoC No. 1042 and requested a correction to be included in the Final
Technical Specifications for the subject Amendment. Specifically, TN
requested that in section 4.4.4, the `Justification and Compensatory
Measures' for reference ASME code section NB-5520 be revised to invoke
Table NCA-7100-2, as opposed to the current listing of NCA-7000-1. In
addition, TN also requested the correction be applied to the Technical
Specifications of Amendments No. 3 and No. 4 of CoC No. 1042. The NRC
staff confirmed that table NCA-7000-1 does not and has not appeared in
ASME Code since the introduction of this text in the Final Technical
Specifications of Amendment No. 3 to CoC No. 1042. However, Table NCA-
7100-2 appears in ASME code endorsed by 10 CFR 50.55a since that time
and contains the pertinent information on SNT-TC-1A indicated by the
code case alternative.
The NRC is correcting the typographical error in Appendix A,
section 4.4.4, the ``Justification and Compensatory Measures'' for
reference ASME code section NB-5520 be revised to invoke Table NCA-
7100-2, as opposed to the current listing of NCA-7000-1. This document
corrects the final rule by revising the section that contains this
error.
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-2023-0050 or 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'' button; and (3) enter an email address and
click on the ``Subscribe'' button.
[[Page 4428]]
Rulemaking Procedure
Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency
may waive the normal notice and comment requirements if it finds, for
good cause, that they are impracticable, unnecessary, or contrary to
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC
finds good cause to waive notice and opportunity for comment on the
amendments because they will have no substantive impact and are of a
minor and administrative nature dealing with a correction to a CFR
section related to procedure and practice. Specifically, these
amendments are to correct a minor editorial and non-substantive error.
These amendments do not require action by any person or entity
regulated by the NRC. Also, this final rule does not change the
substantive responsibilities of any person or entity regulated by the
NRC. Accordingly, for the reasons stated, the NRC finds, pursuant to 5
U.S.C. 553(d)(3), that good cause exists to make this rule effective
upon publication.
List of Subjects in 10 CFR Part 72
Administrative practice and procedures, 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
amendment 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 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: January 28, 2026.
For the Nuclear Regulatory Commission.
Araceli Billoch Colon,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial Support Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2026-01948 Filed 1-30-26; 8:45 am]
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