[Federal Register Volume 91, Number 125 (Wednesday, July 1, 2026)]
[Rules and Regulations]
[Pages 39843-39850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13260]
========================================================================
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.
========================================================================
Federal Register / Vol. 91, No. 125 / Wednesday, July 1, 2026 / Rules
and Regulations
[[Page 39843]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2026-2047]
RIN 3150-AL68
List of Approved Spent Fuel Storage Casks: NAC International,
Inc., MAGNASTOR[supreg] Storage System, Certificate of Compliance No.
1031, Amendment Nos. 16 and 17 and Revisions to Amendment Nos. 0
Through 16
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
spent fuel storage regulations by revising the NAC International, Inc.
(NAC) MAGNASTOR[supreg] System listing within the ``List of approved
spent fuel storage casks'' to include Amendment Nos. 16 and 17 and
revisions to Amendment Nos. 0 through 16 to Certificate of Compliance
(CoC) No. 1031. Amendment No. 16 revises the CoC to permit alternate
methods for determining the free volume inside a loaded canister and
for measuring helium to ensure that Technical Specification limits are
met. It also clarifies that mixed loadings of different assembly types
or subtypes within a single Transportable Storage Canister (TSC) are
acceptable. Amendment No. 17 and revisions to Amendment Nos. 0 through
16 revise the CoC to incorporate changes to the design basis for the
MAGNASTOR[supreg] storage system to correct an error with M5 fuel
cladding material yield strength that was introduced in CoC No. 1031,
Amendment No. 14 and the associated revisions to Amendment Nos. 0
through 13.
DATES: This direct final rule is effective September 14, 2026, unless
significant adverse comments are received by July 31, 2026. 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-2026-2047,
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.
Do not include any personally identifiable information (such as
name, address, or other contact information) or confidential business
information that you do not want publicly disclosed. All comments are
public records; they are publicly displayed exactly as received, and
will not be deleted, modified, or redacted. Comments may be submitted
anonymously.
Follow the search instructions on https://www.regulations.gov to
view public comments.
You can read a plain language description of this direct final rule
at https://www.regulations.gov/docket/NRC-2026-2047. 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: Caylee Kenny, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7150, 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. Regulatory Planning and Review
X. Paperwork Reduction Act Statement
XI. Regulatory Flexibility Certification
XII. Regulatory Analysis
XIII. Backfitting and Issue Finality
XIV. Congressional Review Act
XV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2026-2047 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-2026-2047. 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 ADAMS Public Search.''
For problems with ADAMS, please contact the NRC's Public Document Room
(PDR) reference staff at 1-800-397-4209, at 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
[[Page 39844]]
Docket ID NRC-2026-2047 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
This rule is limited to the changes contained in Amendment Nos. 16
and 17 and revisions to Amendments Nos. 0 through 16 to Certificate of
Compliance (CoC) No. 1031 and does not include other aspects of the NAC
International, Inc., MAGNASTOR[supreg] System design. The NRC is using
the ``direct final rule procedure'' to issue this amendment because it
represents a limited and routine change to an existing CoC 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 September 14, 2026. However, if the NRC
receives any significant adverse comment on this direct final rule by
July 31, 2026, 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.
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
November 21, 2008 (73 FR 70587), that approved the NAC
MAGNASTOR[supreg] System design and added it to the list of NRC-
approved cask designs in Sec. 72.214 as CoC No. 1031.
IV. Discussion of Changes
On March 21, 2025, NAC International, Inc. submitted a request to
the NRC to add Amendment No. 16 to CoC 1031. NAC supplemented its
request on April 18, 2025. Amendment No. 16 revises the CoC to:
Allow an alternate method to determine the free volume
inside a loaded canister.
Allow an alternate method to measure the amount of helium
placed inside the canister to ensure that Technical Specification
limits for Helium density inside the TSC are met.
Clarify that mixed loadings of different assembly types
and/or assembly subtypes within a single TSC are acceptable.
On July 30, 2025, NAC International, Inc. submitted a request to
the NRC to amend CoC No. 1031 to add Amendment No. 17 and revisions to
Amendment Nos. 0-16. NAC supplemented its request on the following
dates: March 4, 2026, and March 13, 2026. Amendment No. 17 and
revisions to Amendment Nos. 0 through 16 revise the CoC to incorporate
changes to the design basis for the MAGNASTOR[supreg] storage system to
correct an error with M5 fuel cladding material yield strength that was
introduced in CoC No. 1031, Amendment No. 14 and the associated
revisions to Amendment Nos. 0 through 13.
The changes to the aforementioned documents are identified with
revisions bars in the margin of each document.
As documented in the preliminary safety evaluation reports, the NRC
performed safety evaluations of the proposed CoC amendment requests.
The NRC determined that these amendments do not reflect a significant
change in design or fabrication of the cask. Specifically, the NRC
determined that the design of the 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
Nos.16 and 17 and revisions to Amendment Nos. 0 through 16 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.
[[Page 39845]]
The NRC staff determined that the amended MAGNASTOR[supreg] system
cask design, when used under the conditions specified in the CoC, the
technical specifications, and the NRC's regulations, will meet the
requirements of 10 CFR part 72; therefore, adequate protection of
public health and safety will continue to be reasonably assured. When
this direct final rule becomes effective, persons who hold a general
license under Sec. 72.210 may, consistent with the license conditions
under Sec. 72.212, load spent nuclear fuel into MAGNASTOR[supreg]
casks that meet the criteria of Amendment Nos. 16 and 17 and revisions
to Amendment Nos. 0 through 16 to CoC No. 1031.
V. Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standards bodies unless
the use of such a standard is inconsistent with applicable law or
otherwise impractical. In this direct final rule, the NRC revises the
MAGNASTOR[supreg] Cask System design listed in Sec. 72.214, ``List of
approved spent fuel storage casks.'' This action does not constitute
the establishment of a standard that contains generally applicable
requirements.
VI. Agreement State Compatibility
Under the ``Agreement State Program Policy Statement'' approved by
the Commission on October 2, 2017, and published in the Federal
Register on October 18, 2017 (82 FR 48535), this rule is classified as
Compatibility Category NRC--Areas of Exclusive NRC Regulatory
Authority. The NRC program elements in this category are those that
relate directly to areas of regulation reserved to the NRC by the
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR
chapter I. Therefore, compatibility is not required for program
elements in this category.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. Environmental Assessment and Finding of No Significant Impact
Under the National Environmental Policy Act of 1969, as amended,
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the NRC has determined that this direct final rule, if adopted, would
not be a major Federal action significantly affecting the quality of
the human environment and, therefore, an environmental impact statement
is not required. The NRC has made a finding of no significant impact on
the basis of this environmental assessment. This environmental
assessment and finding of no significant impact can be tracked with
identification number NEPA ID EAXX-429-00-000-1777512751.
A. The Action
The action is to amend Sec. 72.214 to revise the NAC
International, Inc., MAGNASTOR[supreg] system listing within the ``List
of approved spent fuel storage casks'' to include Amendment Nos. 16 and
17 and revisions to Amendment Nos. 0 through 16 to CoC No. 1031.
B. The Need for the Action
This direct final rule amends the CoC for the NAC International,
Inc., MAGNASTOR[supreg] 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. 16 revises the CoC to
allow an alternate method to determine the free volume inside a loaded
canister, allow an alternate method to measure the amount of helium
placed inside the canister to assure that Technical Specification
limits for Helium density inside the TSC are met, and clarify that
mixed loadings of different assembly types and/or assembly subtypes
within a single TSC is acceptable. Amendment No. 17 and revisions to
Amendment Nos. 0 through 16 revises the CoC to incorporate changes to
the design basis for the MAGNASTOR[supreg] storage system to correct an
error with M5 fuel cladding material yield strength that was introduced
in CoC No. 1031, Amendment No. 14 and the associated revisions to
Amendment Nos. 0 through 13.
C. Environmental Impacts of the Action
On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent fuel under a general
license in cask designs approved by the NRC. The potential
environmental impact of using NRC-approved storage casks was analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for Amendment Nos. 16 and 17 and revisions to
Amendment Nos. 0 through 16 tiers off of the environmental assessment
for the July 18, 1990, final rule. Tiering on past environmental
assessments is a standard process under the National Environmental
Policy Act of 1969, as amended.
The NAC International, Inc., MAGNASTOR[supreg] 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 Nos. 16 and 17 and revisions
to Amendment Nos. 0 through 16 would remain well within the 10 CFR part
20 limits. The NRC has also determined that the design of the cask as
modified by this rule would maintain confinement, shielding, and
criticality control in the event of an accident. Therefore, the
proposed changes will not result in any radiological or non-
radiological environmental impacts that significantly differ from the
environmental impacts evaluated in the environmental assessment
supporting the July 18, 1990, final rule. There will be no significant
change in the types or significant revisions in the amounts of any
effluent released, no significant increase in the individual or
cumulative radiation exposures, and no significant increase in the
potential for, or consequences from, radiological accidents. The NRC
documented its safety findings in the preliminary safety evaluation
reports.
D. Alternative to the Action
The alternative to this action is to deny approval of Amendment
Nos. 16 and 17 and revision to Amendment Nos. 0 through 16 and not
issue the direct final rule. Consequently, any 10 CFR part 72 general
licensee that seeks to load spent nuclear fuel into the NAC
International, Inc., MAGNASTOR[supreg] system in accordance with the
changes
[[Page 39846]]
described in proposed Amendment Nos. 16 and 17 and revision to
Amendment Nos. 0 through 16 would have to request an exemption from the
requirements of Sec. Sec. 72.212 and 72.214. Under this alternative,
interested licensees would have to prepare, and the NRC would have to
review, a separate exemption request, thereby increasing the
administrative burden upon the NRC and the costs to each licensee. The
environmental impacts would be the same as the proposed action.
E. Alternative Use of Resources
Approval of Amendment Nos. 16 and 17 and revision to Amendment Nos.
0 through 16 to CoC No. 1031 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: MAGNASTOR[supreg], CoC No. 1031,
Amendment Nos. 16 and 17 and revisions to Amendment Nos. 0 through
16,'' 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. 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.
X. 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 collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
XI. 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. 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).
XII. 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 November 21, 2008 (73 FR
70587), the NRC issued an amendment to 10 CFR part 72 that approved the
NAC International, Inc., MAGNASTOR[supreg] system by adding it to the
list of NRC-approved cask designs in Sec. 72.214.
On March 21, 2025, and as supplemented on April 18, 2025, NAC
submitted a request for Amendment No. 16 to amend the MAGNASTOR[supreg]
system. On July 30, 2025, and as supplemented on March 4, 2026, and
March 13, 2026, NAC submitted a request for Amendment No. 17 and
revisions to Amendment Nos. 0 through 16 to amend the MAGNASTOR[supreg]
system as described in Section IV, ``Discussion of Changes,'' of this
document.
The alternative to this action is to withhold approval of Amendment
Nos. 16 and 17 and revisions to Amendment Nos. 0 through 16 and to
require any 10 CFR part 72 general licensee seeking to load spent
nuclear fuel into the NAC International, Inc., MAGNASTOR[supreg] system
under the changes described in Amendment Nos. 16 and 17 and revisions
to Amendment Nos. 0 through 16 to request an exemption from the
requirements of Sec. Sec. 72.212 and 72.214. Under this alternative,
each interested 10 CFR part 72 licensee would have to prepare, and the
NRC would have to review, a separate exemption request, thereby
increasing the administrative burden upon the NRC and the costs to each
licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
reports and environmental assessment, this direct final rule will have
no adverse effect on public health and safety or the environment. This
direct final rule has no significant identifiable impact or benefit on
other government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory; therefore, this action
is recommended.
XIII. Backfitting and Issue Finality
This direct final rule revises CoC No. 1031 for the NAC
International, Inc., MAGNASTOR[supreg] storage system, as currently
listed in 10 CFR 72.214, ``List of approved spent fuel storage casks.''
Revisions to Amendment Nos. 0 through 16 (specifically, Initial
Certificate, Revision 4; Amendment No. 1, Revision 4; Amendment No. 2,
Revision 4; Amendment No. 3, Revision 4; Amendment No. 4, Revision 3;
Amendment No. 5, Revision 3; Amendment No. 6, Revision 3; Amendment No.
7, Revision 3; Amendment No. 8, Revision 3; Amendment No. 9, Revision
3; Amendment No. 10, Revision 2; Amendment No. 11, Revision 2;
Amendment No. 12, Revision 2; Amendment No. 13, Revision 2; Amendment
No. 14, Revision 1; Amendment No. 15, Revision 1; and Amendment No. 16,
Revision 1), changes the design basis for the MAGNASTOR[supreg] storage
system to correct an error with M5 fuel cladding material yield
strength that was introduced in CoC No. 1031, Amendment No. 14 and the
associated revisions to Amendment Nos. 0 through 13. For the reasons
set forth in this section, the NRC has determined that this direct
final rule does not constitute backfitting under 10 CFR 72.62,
``Backfitting.''
As stated in Sec. 72.62(a), ``backfitting'' means the ``addition,
elimination or modification, after the license has been issued, of: (1)
Structures, systems, or
[[Page 39847]]
components of an ISFSI [independent spent fuel storage installation]. .
. , or (2) Procedures or organization required to operate an ISFSI.''
NAC is not within the scope of the backfitting provisions in Sec.
72.62 because the provisions of Sec. 72.62 are applicable to the NRC
actions that affect general licensees, not vendors.
According to NAC, no general licensees have purchased or use the
system under CoC No. 1031, Amendment Nos. 0-5, Amendment No. 8,
Amendment Nos. 10-12, Amendment No. 14, and Amendment No. 16, which is
the subject of this revision. This NRC action would not result in an
addition, elimination, or modification of a structure, system, or
component of a general licensee's ISFSI or the procedures or
organization required to operate a general licensee's ISFSI. Therefore,
the changes in Amendment No. 0, Revision 4; Amendment No. 1, Revision
4; Amendment No. 2, Revision 4; Amendment No. 3, Revision 4; Amendment
No. 4, Revision 3; Amendment No. 5, Revision 3; Amendment No. 8,
Revision 3; Amendment No. 10, Revision 2; Amendment No. 11, Revision 2;
Amendment No. 12, Revision 2; Amendment No. 14, Revision 1; and
Amendment No. 16, Revision 1 that are approved in this direct final
rule do not fall within the definition of backfitting under Sec.
72.62.
According to NAC, two general licensees have purchased or use casks
from NAC under existing CoC No. 1031, Amendment No. 6, Revision 2,
which is the subject of this revision. This NRC action would result in
a change in procedures or organization required to operate an ISFSI
and, therefore, would constitute backfitting under Sec. 72.62(a)(2).
However, in this instance, the general licensees (Kewaunee Solutions
for the Kewaunee ISFSI, and Constellation Energy Generation LLC for the
Zion Nuclear Power Station, Units 1 and 2 ISFSI) indicated their
willingness to voluntarily comply with the revised CoC and implement
the CoC revision after approval. Because the general licensees intend
to voluntarily implement the revision, the NRC's action would not be
imposing the technical change on the licensees, thereby eliminating the
potential backfitting. Therefore, the issuance of Revision 3 to
Amendment No. 6 does not fall within the definition of backfitting
under 10 CFR 72.62.
According to NAC, one general licensee has purchased or uses casks
from NAC under existing CoC No. 1031, Amendment No. 7, Revision 2,
which is the subject of this revision. This NRC action would result in
a change in procedures or organization required to operate an ISFSI
and, therefore, would constitute backfitting under 10 CFR 72.62(a)(2).
However, in this instance, the general licensee (Arizona Public Service
for the Palo Verde Generating Station ISFSI) indicated its willingness
to voluntarily comply with the revised CoC and implement the latest
Amendment No. 17 when approved. Because the general licensee intends to
voluntarily implement the latest Amendment No. 17, the NRC's action
would not be imposing the technical change on the licensee, thereby
eliminating the potential backfitting. Therefore, the issuance of
Revision 3 to Amendment No. 7 does not fall within the definition of
backfitting under 10 CFR 72.62.
According to NAC, one general licensee has purchased or uses casks
from NAC under existing CoC No. 1031, Amendment No. 9, Revision 2,
which is the subject of this revision. This NRC action would result in
a change in procedures or organization required to operate an ISFSI
and, therefore, would constitute backfitting under 10 CFR 72.62(a)(2).
However, in this instance, the general licensee (Constellation Energy
Generation LLC for Christopher M. Crane Clean Energy Center, Unit 1
ISFSI) indicated its willingness to voluntarily comply with the revised
CoC and implement the CoC revision after approval. Because the general
licensee intends to voluntarily implement the revision, the NRC's
action would not be imposing the technical change on the licensee,
thereby eliminating the potential backfitting. Therefore, the issuance
of Revision 3 to Amendment No. 9 does not fall within the definition of
backfitting under 10 CFR 72.62.
According to NAC, one general licensee has purchased or uses casks
from NAC under existing CoC No. 1031, Amendment No. 13, Revision 1,
which is the subject of this revision. This NRC action would result in
a change in procedures or organization required to operate an ISFSI
and, therefore, would constitute backfitting under 10 CFR 72.62(a)(2).
However, in this instance, the general licensee (Three Mile lsland
Nuclear Station, Unit 2 Solutions for the Three Mile Island Nuclear
Station, Unit 2 ISFSI) indicated its willingness to voluntarily comply
with the revised CoC and implement the CoC revision after approval.
Because the general licensee intends to voluntarily implement the
revision, the NRC's action would not be imposing the technical change
on the licensee, thereby eliminating the potential backfitting.
Therefore, the issuance of Revision 2 to Amendment No. 13 does not fall
within the definition of backfitting under 10 CFR 72.62.
According to NAC, one general licensee has purchased or uses casks
from NAC under existing CoC No. 1031, Amendment No. 15, which is the
subject of this revision. This NRC action would result in a change in
procedures or organization required to operate an ISFSI and, therefore,
would constitute backfitting under 10 CFR 72.62(a)(2). However, in this
instance, the general licensee (Duke Energy for the Catawba ISFSI and
McGuire ISFSI) indicated its willingness to voluntarily comply with the
revised CoC and implement the latest Amendment No. 17 when approved.
Because the general licensee intends to voluntarily implement the
latest Amendment No. 17, the NRC's action would not be imposing the
technical change on the licensee, thereby eliminating the potential
backfitting. Therefore, the issuance of Revision 1 to Amendment No. 15
does not fall within the definition of backfitting under 10 CFR 72.62.
XIV. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act (5 U.S.C. 801-808).
XV. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
ADAMS accession No./web link/
Document Federal Register citation
------------------------------------------------------------------------
Documents Related to Initial Certificate (Amendment No. 0), Revision 4
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 0 ML26098A208
Revision 4.
Proposed CoC 1031 Amendment No. 0 ML26098A209
Revision 4 Technical Specifications
(TS) Appendix A.
[[Page 39848]]
Proposed CoC 1031 Amendment No. 0 ML26098A210
Revision 4 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 1, Revision 4
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 1 ML26098A211
Revision 4.
Proposed CoC 1031 Amendment No. 1 ML26098A212
Revision 4 TS Appendix A.
Proposed CoC 1031 Amendment No. 1 ML26098A213
Revision 4 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 2, Revision 4
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 2 ML26098A214
Revision 4.
Proposed CoC 1031 Amendment No. 2 ML26098A215
Revision 4 TS Appendix A.
Proposed CoC 1031 Amendment No. 2 ML26098A216
Revision 4 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 3, Revision 4
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 3 ML26098A217
Revision 4.
Proposed CoC 1031 Amendment No. 3 ML26098A218
Revision 4 TS Appendix A.
Proposed CoC 1031 Amendment No. 3 ML26098A219
Revision 4 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 4, Revision 3
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 4 ML26098A220
Revision 3.
Proposed CoC 1031 Amendment No. 4 ML26098A221
Revision 3 TS Appendix A.
Proposed CoC 1031 Amendment No. 4 ML26098A222
Revision 3 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 5, Revision 3
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 5 ML26098A223
Revision 3.
Proposed CoC 1031 Amendment No. 5 ML26098A225
Revision 3 TS Appendix A.
Proposed CoC 1031 Amendment No. 5 ML26098A227
Revision 3 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 6, Revision 3
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 6 ML26098A228
Revision 3.
Proposed CoC 1031 Amendment No. 6 ML26098A229
Revision 3 TS Appendix A.
Proposed CoC 1031 Amendment No. 6 ML26098A230
Revision 3 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 7, Revision 3
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 7 ML26098A231
Revision 3.
Proposed CoC 1031 Amendment No. 7 ML26098A232
Revision 3 TS Appendix A.
Proposed CoC 1031 Amendment No. 7 ML26098A233
Revision 3 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 8, Revision 3
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 8 ML26098A234
Revision 3.
Proposed CoC 1031 Amendment No. 8 ML26098A235
Revision 3 TS Appendix A.
Proposed CoC 1031 Amendment No. 8 ML26098A236
Revision 3 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 9, Revision 3
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 9 ML26098A237
Revision 3.
Proposed CoC 1031 Amendment No. 9 ML26098A238
Revision 3 TS Appendix A.
Proposed CoC 1031 Amendment No. 9 ML26098A239
Revision 3 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 10, Revision 2
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 10 ML26098A240
Revision 2.
Proposed CoC 1031 Amendment No. 10 ML26098A241
Revision 2, TS Appendix A.
Proposed CoC 1031 Amendment No. 10 ML26098A242
Revision 2, TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 11, Revision 2
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 11 ML26098A243
Revision 2.
Proposed CoC 1031 Amendment No. 11 ML26098A244
Revision 2 TS Appendix A.
Proposed CoC 1031 Amendment No. 11 ML26098A245
Revision 2 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 12, Revision 2
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 12 ML26098A246
Revision 2.
Proposed CoC 1031 Amendment No. 12 ML26098A247
Revision 2 TS Appendix A.
[[Page 39849]]
Proposed CoC 1031 Amendment No. 12 ML26098A248
Revision 2 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 13, Revision 2
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 13 ML26098A249
Revision 2.
Proposed CoC 1031 Amendment No. 13 ML26098A250
Revision 2 TS Appendix A.
Proposed CoC 1031 Amendment No. 13 ML26098A251
Revision 2 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 14, Revision 1
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 14 ML26098A252
Revision 1.
Proposed CoC 1031 Amendment No. 14 ML26098A253
Revision 1 TS Appendix A.
Proposed CoC 1031 Amendment No. 14 ML26098A254
Revision 1 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 15, Revision 1
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 15 ML26098A255
Revision 1.
Proposed CoC 1031 Amendment No. 15 ML26098A256
Revision 1 TS Appendix A.
Proposed CoC 1031 Amendment No. 15 ML26098A257
Revision 1 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 16, Revision 0
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 16, ML25217A298
Revision 0.
Proposed CoC 1031 Amendment No. 16 ML25217A300
Revision 0 TS Appendix A.
Proposed CoC 1031 Amendment No. 16 ML25217A302
Revision 0 TS Appendix B.
Preliminary Safety Evaluation Report for ML25217A304
CoC 1031 Amendment 16 Revision 0.
Initial Submission of an Amendment ML25080A349
Request for the NAC International
MAGNASTOR[supreg] Cask System Amendment
No. 16, March 21, 2025.
Supplement to NAC International's ML25108A159
Request to Amendment MAGNASTOR[supreg]
Cask System, Amendment No. 16, April
18, 2025.
------------------------------------------------------------------------
Documents Related to Amendment No. 16, Revision 1
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 16 ML26098A258
Revision 1.
Proposed CoC 1031 Amendment No. 16 ML26098A259
Revision 1 TS Appendix A.
Proposed CoC 1031 Amendment No. 16 ML26098A260
Revision 1 TS Appendix B.
------------------------------------------------------------------------
Documents Related to Amendment No. 17, Revision 0 and Revisions to
Amendment Nos. 0 through 16
------------------------------------------------------------------------
Proposed CoC 1031 Amendment No. 17...... ML26098A262
Proposed CoC 1031 Amendment No. 17 TS ML26098A263
Appendix A.
Proposed CoC 1031 Amendment No. 17 TS ML26098A264
Appendix B.
Preliminary Safety Evaluation Report, ML26098A207
CoC No. 1031, Amendment 17 and
Revisions to Amendments 0-16.
NAC International--Initial Submission of ML25211A197
an Amendment Request for the NAC
International MAGNASTOR[supreg] Cask
System Amendment No. 17, July 30, 2025.
Submission of a Supplement to Amendment ML26064A039
Request No. 17 for the NAC
International MAGNASTOR[supreg] Cask
System, March 4, 2026.
Submission of a Supplement to Amendment ML26075E865
Request No. 17 for the NAC
International MAGNASTOR[supreg] Cask
System, March 13, 2026.
------------------------------------------------------------------------
Other Documents
------------------------------------------------------------------------
User Need Memorandum for Amendment No. ML25217A296
16.
User Need Memorandum for Amendment No. ML26098A206
17 and Revisions to Amendment Nos. 0
through 16.
Final Rule, ``List of Approved Spent 73 FR 70587
Fuel Storage Casks: MAGNASTOR[supreg]
Addition,'' published November 21, 2008.
Revision to Policy Statement, 82 FR 48535
``Agreement State Program Policy
Statement; Correction,'' published
October 18, 2017.
Presidential Memorandum, ``Plain 63 FR 31885
Language in Government Writing,''
published June 10, 1998.
------------------------------------------------------------------------
The NRC may post materials related to this document, including
public comments, on the Federal rulemaking website at https://
www.regulations.gov under Docket ID NRC-2026-2047. 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-2026-2047); (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:
[[Page 39850]]
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
1. The authority citation for part 72 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63,
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e,
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C.
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a),
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C.
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168,
10198(a)); 44 U.S.C. 3504 note.
0
2. In Sec. 72.214, Certificate of Compliance No. 1031 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1031.
Initial Certificate Effective Date: February 4, 2009, superseded by
Initial Certificate, Revision 1, on February 1, 2016, superseded by
Initial Certificate, Revision 2, on October 16, 2023, superseded by
Initial Certificate, Revision 3, on March 19, 2025, superseded by
Initial Certificate, Revision 4, on September 14, 2026.
Amendment Number 1 Effective Date: August 30, 2010, superseded by
Amendment Number 1, Revision 1, on February 1, 2016, superseded by
Amendment Number 1, Revision 2, on October 16, 2023, superseded by
Amendment Number 1, Revision 3, on March 19, 2025, superseded by
Amendment Number 1, Revision 4, on September 14, 2026.
Amendment Number 2 Effective Date: January 30, 2012, superseded by
Amendment Number 2, Revision 1, on February 1, 2016, superseded by
Amendment Number 2, Revision 2, on October 16, 2023, superseded by
Amendment Number 2, Revision 3, on March 19, 2025, superseded by
Amendment Number 2, Revision 4, on September 14, 2026.
Amendment Number 3 Effective Date: July 25, 2013, superseded by
Amendment Number 3, Revision 1, on February 1, 2016, superseded by
Amendment Number 3, Revision 2, on October 16, 2023, superseded by
Amendment Number 3, Revision 3, on March 19, 2025, superseded by
Amendment Number 3, Revision 4, on September 14, 2026.
Amendment Number 4 Effective Date: April 14, 2015, superseded by
Amendment Number 4, Revision 1, on October 16, 2023, superseded by
Amendment Number 4, Revision 2, on March 19, 2025, superseded by
Amendment Number 4, Revision 3, on September 14, 2026.
Amendment Number 5 Effective Date: June 29, 2015, superseded by
Amendment Number 5, Revision 1, on October 16, 2023, superseded by
Amendment Number 5, Revision 2, on March 19, 2025, superseded by
Amendment Number 5, Revision 3, on September 14, 2026.
Amendment Number 6 Effective Date: December 21, 2016, superseded by
Amendment Number 6, Revision 1, on October 16, 2023, superseded by
Amendment Number 6, Revision 2, on March 19, 2025, superseded by
Amendment Number 6, Revision 3, on September 14, 2026.
Amendment Number 7 Effective Date: August 21, 2017, as corrected
(ADAMS Accession No. ML19045A346), superseded by Amendment Number 7,
Revision 1, on October 16, 2023, superseded by Amendment Number 7,
Revision 2, on March 19, 2025, superseded by Amendment Number 7,
Revision 3, on September 14, 2026.
Amendment Number 8, Effective Date: March 24, 2020, superseded by
Amendment Number 8, Revision 1, on October 16, 2023, superseded by
Amendment Number 8, Revision 2, on March 19, 2025, superseded by
Amendment Number 8, Revision 3, on September 14, 2026.
Amendment Number 9, Effective Date: December 7, 2020, superseded by
Amendment Number 9, Revision 1, on October 16, 2023, superseded by
Amendment Number 9, Revision 2, on March 19, 2025, superseded by
Amendment Number 9, Revision 3, on September 14, 2026.
Amendment Number 10, Effective Date: January 18, 2023, superseded
by Amendment Number 10, Revision 1, on March 19, 2025, superseded by
Amendment Number 10, Revision 2, on September 14, 2026.
Amendment Number 11, Effective Date: October 16, 2023, superseded
by Amendment Number 11, Revision 1, on March 19, 2025, superseded by
Amendment Number 11, Revision 2, on September 14, 2026.
Amendment Number 12, Effective Date: October 16, 2023, superseded
by Amendment Number 12, Revision 1, on March 19, 2025, superseded by
Amendment Number 12, Revision 2, on September 14, 2026.
Amendment Number 13, Effective Date: November 19, 2024, superseded
by Amendment Number 13, Revision 1, on March 19, 2025, superseded by
Amendment Number 13, Revision 2, on September 14, 2026.
Amendment Number 14, Effective Date: March 19, 2025, superseded by
Amendment Number 14, Revision 1, on September 14, 2026.
Amendment Number 15, Effective Date: June 3, 2025, superseded by
Amendment Number 15, Revision 1, on September 14, 2026.
Amendment Number 16, Effective Date: September 14, 2026, superseded
by Amendment Number 16, Revision 1, on September 14, 2026.
Amendment Number 17, Effective Date: September 14, 2026.
Safety Analysis Report (SAR) Submitted by: NAC International, Inc.
SAR Title: Final Safety Analysis Report for the MAGNASTOR[supreg]
System.
Docket Number: 72-1031.
Certificate Expiration Date: February 4, 2029.
Model Number: MAGNASTOR.
* * * * *
Dated: June 17, 2026.
For the Nuclear Regulatory Commission.
Michael King,
Executive Director of Operations.
[FR Doc. 2026-13260 Filed 6-30-26; 8:45 am]
BILLING CODE 7590-01-P