List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS® System, Certificate of Compliance No. 1004, Renewed Amendment No. 15, 55601-55606 [2018-24255]
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Rules and Regulations
Federal Register
Vol. 83, No. 216
Wednesday, November 7, 2018
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.
general licensees in verifying
compliance regarding the storage pad
location and the soil-structure
interaction. Additionally, the
rulemaking makes clarifications to rule
text related to Certificate of Compliance
No. 1004 by removing redundant
language.
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
This direct final rule is effective
January 22, 2019, unless significant
adverse comments are received by
December 7, 2018. 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rule is withdrawn as a result of such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.
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the TN Americas LLC
Standardized NUHOMS® Horizontal
Modular Storage System (NUHOMS®
System) listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Renewed Amendment No. 15 to
Certificate of Compliance No. 1004.
Because this amendment is subsequent
to the renewal of the TN Americas LLC
Standardized NUHOMS® Certificate of
Compliance 1004 system and, therefore,
subject to the Aging Management
Program requirements of the renewed
certificate, it is referred to as ‘‘Renewed
Amendment No. 15.’’ Renewed
Amendment No. 15 revises the
Certificate of Compliance’s technical
specifications to: Unify and standardize
fuel qualification tables; revise existing
and add new heat load zoning
configurations; increase the allowable
maximum assembly average burnup;
allow loading of damaged fuel
assemblies under certain conditions;
expand the definition of the poison rod
assemblies to include rod cluster control
assembly materials; allow other
zirconium alloy cladding materials; add
model OS197 as an authorized transfer
cask; add the description for the solar
shield in the updated final safety
analysis report; and add flexibility to
You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0212. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
DATES:
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2018–0212]
RIN 3150–AK16
List of Approved Spent Fuel Storage
Casks: TN Americas LLC,
Standardized NUHOMS® System,
Certificate of Compliance No. 1004,
Renewed Amendment No. 15
AGENCY:
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SUMMARY:
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ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Christian Jacobs, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6825; email:
Christian.Jacobs@nrc.gov or Edward M.
Lohr, Office of Nuclear Material Safety
and Safeguards; telephone: 301–415–
0253; email: Edward.Lohr@nrc.gov. Both
are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0212 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable 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–2018–0212.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
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 pdr.resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents at
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the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC–2018–
0212 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.
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II. Rulemaking Procedure
This rule is limited to the changes
contained in Renewed Amendment No.
15 to Certificate of Compliance No. 1004
and does not include other aspects of
the TN Americas LLC Standardized
NUHOMS® 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 Certificate of Compliance
that is expected to be noncontroversial.
Adequate protection of public health
and safety continues to be ensured. The
amendment to the rule will become
effective on January 22, 2019. However,
if the NRC receives significant adverse
comments on this direct final rule by
December 7, 2018, 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. 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
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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-andcomment 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 detailed instructions on filing
comments, please see the companion
proposed rule published in the
Proposed Rules section of this issue of
the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste
Policy Act (NWPA) of 1982, as
amended, requires that ‘‘the 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
NWPA states, in part, that ‘‘[the
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 which 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
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contains procedures and criteria for
obtaining NRC approval of spent fuel
storage cask designs. The NRC
subsequently issued a final rule on
December 22, 1994 (59 FR 65898), that
approved the TN Americas LLC
Standardized NUHOMS® System design
and added it to the list of NRC-approved
cask designs provided in § 72.214 as
Certificate of Compliance No. 1004.
Most recently, on September 27, 2017
(82 FR 44879), the NRC issued a
Renewal of the revised initial certificate
and Amendment Nos. 1 through 11, 13
and 14.
IV. Discussion of Changes
On March 28, 2017, TN Americas LLC
submitted a request to the NRC to
amend Certificate of Compliance No.
1004 and supplemented its request on
July 18, 2017, December 14, 2017, and
March 22, 2018. Renewed Amendment
No. 15 revises the technical
specifications and updated final safety
analysis report to:
• Unify and standardize the fuel
qualification tables for four pressurized
water reactor systems in order to
simplify the technical specifications.
• For the 32PT System, add a new
heat load zoning configuration to allow
for the loading of fuel assemblies with
decay heat up to 2.2 kilowatt (kW)
corresponding to a 2-year cooled fuel.
• For the 32PT System, increase the
maximum assembly average burnup
from 55 gigawatt-days per metric ton of
uranium to 62 gigawatt-days per metric
ton of uranium.
• For the 32PT System, allow for the
loading of damaged fuel assemblies
confined within top and bottom end
caps and failed fuel assemblies loaded
within individual failed fuel canisters in
the 32PT System. Provide for a basket
option to increase the number of poison
plates from 24 to 32, resulting in an
increase in the allowable enrichment of
the authorized contents. Expand the
definition of the poison rod assemblies
in the technical specification and the
updated final safety analysis report to
include rod cluster control assembly
materials, specifically adding a silver
neutron absorber.
• For the 32PT System, include other
zirconium alloy cladding materials such
as ZIRLO® and M5® in the 32PT
System.
• For the 24PTH System, add a new
heat load zoning configuration to allow
for the loading of fuel assemblies with
decay heat up to 2.5 kW corresponding
to a 2-year cooled fuel, and a total heat
load of 35 kW per basket.
• For the 24PTH System, add the
OS197 model as an authorized transfer
cask for the transfer of the 24PTH–S–LC
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dry shielded canister in addition to the
standardized transfer cask.
• For the 61BTH System, revise the
existing heat load zoning configuration
to allow loading of fuel assemblies with
decay heat up to 1.2 kW corresponding
to a 2-year cooling time. Add the GNF–
2 and ATRIUM–11 fuel assembly
designs as authorized contents.
• For the 32PTH System, add a new
heat load zoning configuration for the
loading of fuel assemblies with decay
heat up to 1.1 kW for a total heat load
of 35.2 kW per basket, and add a new
heat load zoning configuration to allow
for loading of fuel assemblies with
decay heat up to 1.3 kW for a total heat
load of 37.6 kW per basket.
• Provide a description in the
updated final safety analysis report for
the solar shield currently described in
the technical specifications for the
transfer cask during transfer operations.
• Revise Technical Specification 4.3.3
Item 11 to add flexibility to general
licensees in verifying compliance
regarding the storage pad location and
the soil-structure interaction.
Because this amendment is
subsequent to the renewal of the TN
Americas LLC Standardized NUHOMS®
Certificate of Compliance 1004 system
and, therefore, subject to the Aging
Management Program requirements of
the renewed certificate (see Technical
Specification 5.3.1), it is referred to as
‘‘Renewed Amendment No. 15.’’
Additionally, the rulemaking makes
clarifications to rule text related to
Certificate of Compliance No. 1004 by
removing redundant language.
As documented in the preliminary
safety evaluation report, the NRC
performed a detailed safety evaluation
of the proposed Certificate of
Compliance amendment request. There
are no significant changes to cask design
requirements in the proposed Certificate
of Compliance amendment. Considering
the specific design requirements for
each accident condition, the design of
the cask would prevent loss of
containment, shielding, and criticality
control in the event of an accident. This
amendment does not reflect a significant
change in design or fabrication of the
cask. In addition, any resulting
occupational exposure or offsite dose
rates from the implementation of
Renewed Amendment No. 15 would
remain well within the 10 CFR part 20
limits. 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.
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This direct final rule revises the TN
Americas LLC Standardized NUHOMS®
System listing in § 72.214 by adding
Renewed Amendment No. 15 to
Certificate of Compliance No. 1004. The
amendment consists of the changes
previously described, as set forth in the
revised Certificate of Compliance and
technical specifications. The revised
technical specifications are identified
and evaluated in the preliminary safety
evaluation report.
The amended TN Americas LLC
Standardized NUHOMS® cask design,
when used under the conditions
specified in the Certificate of
Compliance, technical specifications,
and NRC’s regulations, will meet the
requirements of 10 CFR part 72;
therefore, adequate protection of public
health and safety will continue to be
ensured. When this direct final rule
becomes effective, persons who hold a
general license under § 72.210 may,
consistent with the license conditions
under § 72.212, load spent nuclear fuel
into those TN Americas LLC
Standardized NUHOMS® System casks
that meet the criteria of Renewed
Amendment No. 15 to Certificate of
Compliance No. 1004.
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 will revise the TN Americas LLC
Standardized NUHOMS® System design
listed in § 72.214. This action does not
constitute the establishment of a
standard that contains generally
applicable requirements.
VI. Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
the Commission on June 30, 1997, and
published in the Federal Register on
September 3, 1997 (62 FR 46517), this
rule is classified as Compatibility
Category ‘‘NRC.’’ Compatibility is not
required for Category ‘‘NRC’’
regulations. 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. Although an Agreement State
may not adopt program elements
reserved to the NRC, and the Category
‘‘NRC’’ does not confer regulatory
authority on the State, the State may
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wish to inform its licensees of certain
requirements by means consistent with
the particular State’s administrative
procedure laws.
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 31883).
VIII. Environmental Assessment and
Finding of No Significant
Environmental Impact
A. The Action
The action is to amend § 72.214 to
revise the TN Americas LLC
Standardized NUHOMS® System listing
within the ‘‘List of Approved Spent Fuel
Storage Casks’’ to include Renewed
Amendment No. 15 to Certificate of
Compliance No. 1004. Under 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,’’ 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.
B. The Need for the Action
This direct final rule amends the
Certificate of Compliance for the TN
Americas LLC Standardized NUHOMS®
System design within the list of
approved spent fuel storage casks that
power reactor licensees can use to store
spent fuel at reactor sites under a
general license. Specifically, Renewed
Amendment No. 15 updates the
Certificate of Compliance as described
in Section IV, ‘‘Discussion of Changes,’’
of this document, for the use of the TN
Americas LLC Standardized NUHOMS®
System. Additionally, the rulemaking
makes clarifications to rule text related
to Certificate of Compliance No. 1004 by
removing redundant language.
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
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NRC-approved storage casks was
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Renewed Amendment No. 15 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 Standardized
NUHOMS® Systems are 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,
include tornado winds and tornadogenerated missiles, a design basis
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other events.
Considering the specific design
requirements for each accident
condition, the design of the cask would
prevent loss of confinement, shielding,
and criticality control in the event of an
accident. If there is no loss of
confinement, shielding, or criticality
control, the environmental impacts
resulting from an accident would be
insignificant. 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 Renewed
Amendment No. 15 would remain well
within the 10 CFR part 20 limits.
Therefore, the proposed Certificate of
Compliance 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 amounts of any
effluent released, no significant increase
in individual or cumulative radiation
exposures, and no significant increase
in the potential for or consequences of
radiological accidents. The NRC
documented its safety findings in a
preliminary safety evaluation report.
rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into TN Americas LLC
Standardized NUHOMS® Systems in
accordance with the changes described
in proposed Renewed Amendment No.
15 would have to request an exemption
from the requirements of §§ 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. Therefore, the
environmental impacts of the alternative
action would be the same as, or more
likely greater than, the preferred action.
D. Alternative to the Action
The alternative to this action is to
deny approval of Renewed Amendment
No. 15 and not issue the direct final
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
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E. Alternative Use of Resources
Approval of Renewed Amendment
No. 15 to Certificate of Compliance No.
1004 would result in no irreversible
commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the
NRC were contacted in connection with
the preparation of this environmental
assessment.
G. Finding of No Significant Impact
The 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
entitled ‘‘List of Approved Spent Fuel
Storage Casks: TN Americas LLC
Standardized NUHOMS® System,
Certificate of Compliance No. 1004,
Renewed Amendment No. 15’’ 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.
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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 (§ 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 it
notifies the NRC in advance, the spent
fuel is stored under the conditions
specified in the cask’s Certificate of
Compliance, and the conditions of the
general license are met. A list of NRCapproved cask designs is contained in
§ 72.214. On December 22, 1994 (59 FR
65898), the NRC issued an amendment
to 10 CFR part 72 that approved the TN
Americas LLC Standardized NUHOMS®
System design by adding it to the list of
NRC-approved cask designs in § 72.214.
On March 28, 2017, and as
supplemented on July 18, 2017,
December 14, 2017, and March 22, 2018,
TN Americas LLC submitted an
application to amend the Standardized
NUHOMS® System as described in
Section IV, ‘‘Discussion of Changes,’’ of
this document.
The alternative to this action is to
withhold approval of Renewed
Amendment No. 15 and to require any
10 CFR part 72 general licensee seeking
to load spent nuclear fuel into TN
Americas LLC Standardized NUHOMS®
Systems under the changes described in
Renewed Amendment No. 15 to request
an exemption from the requirements of
§§ 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.
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Further, as documented in the
preliminary safety evaluation report and
environmental assessment, this direct
final rule will have no adverse effect on
public health and safety or the
environment. This direct final rule has
no significant identifiable impact or
benefit on other Government agencies.
Based on this regulatory analysis, the
NRC concludes that the requirements of
this direct final rule are commensurate
with the NRC’s responsibilities for
public health and safety and the
common defense and security. No other
available alternative is believed to be as
satisfactory, and therefore, this action is
recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the
backfit rule (10 CFR 72.62) does not
apply to this direct final rule. Therefore,
a backfit analysis is not required. This
direct final rule revises Certificate of
Compliance No. 1004 for the TN
Americas LLC Standardized NUHOMS®
System, as currently listed in § 72.214.
The revision consists of adding
Renewed Amendment No. 15, which
revises the Certificate of Compliance’s
technical specifications as described in
Section IV, ‘‘Discussion of Changes,’’ of
this document. Additionally, the
rulemaking makes clarifications to rule
text related to Certificate of Compliance
No. 1004 by removing redundant
language.
Renewed Amendment No. 15 to
Certificate of Compliance No. 1004 for
the TN Americas LLC Standardized
NUHOMS® System was initiated by TN
Americas LLC and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Renewed Amendment No. 15 applies
only to new casks fabricated and used
under Renewed Amendment No. 15.
These changes do not affect existing
users of the TN Americas LLC
Standardized NUHOMS® System, and
the current renewed Amendments Nos.
0 through 11, 13, and 14, continue to be
effective for existing users. While
current Certificate of Compliance users
may comply with the new requirements
in Renewed Amendment No. 15, this
would be a voluntary decision on the
part of current users. Additionally, the
clarifications to the text of the rule are
editorial in nature, and as such, do not
fall within the definition of backfit.
For these reasons, Renewed
Amendment No. 15 to Certificate of
Compliance No. 1004 does not
constitute backfitting under § 72.62 or
§ 50.109(a)(1), or otherwise represent an
inconsistency with the issue finality
provisions applicable to combined
licenses in 10 CFR part 52. Accordingly,
the NRC has not prepared a backfit
analysis for this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as
defined in the Congressional Review
Act.
XIV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS accession No./web
link/Federal Register
citation
Document
TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter dated March
28, 2017.
Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter
dated July 18, 2017.
Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter
dated December 14, 2017.
Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter
dated March 22, 2018.
TN Americas LLC Amendment No. 15 to Certificate of Compliance No. 1004 .............................................................
Technical Specifications for TN Americas LLC Amendment No. 15 to Certificate of Compliance No. 1004 ...............
Preliminary Safety Evaluation Report for TN Americas LLC Amendment No. 15 to Certificate of Compliance No.
1004.
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–2018–0212. The
Federal Rulemaking website allows you
to receive alerts when changes or
additions occur in a docket folder. To
subscribe: (1) Navigate to the docket
folder (NRC–2018–0212); (2) click the
‘‘Sign up for Email Alerts’’ link; and (3)
enter your email address and select how
frequently you would like to receive
emails (daily, weekly, or monthly).
amozie on DSK3GDR082PROD with RULES
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,
Whistleblowing.
VerDate Sep<11>2014
16:15 Nov 06, 2018
Jkt 247001
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
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
PO 00000
Frm 00005
55605
Fmt 4700
Sfmt 4700
ML17094A714 (Package).
ML17202Q145.
ML17363A276 (Package).
ML18088A180.
ML18228A531.
ML18228A530.
ML18234A012.
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.
2. In § 72.214, Certificate of
Compliance 1004 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1004.
Initial Certificate Effective Date:
January 23, 1995, superseded by Initial
Certificate, Revision 1, on April 25,
2017, superseded by Renewed Initial
E:\FR\FM\07NOR1.SGM
07NOR1
amozie on DSK3GDR082PROD with RULES
55606
Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations
Certificate, Revision 1, on December 11,
2017.
Renewed Initial Certificate, Revision
1, Effective Date: December 11, 2017.
Amendment Number 1 Effective Date:
April 27, 2000, superseded by
Amendment Number 1, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 1, Revision 1, on
December 11, 2017.
Renewed Amendment Number 1,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 2 Effective Date:
September 5, 2000, superseded by
Amendment Number 2, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 2, Revision 1, on
December 11, 2017.
Renewed Amendment Number 2,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 3 Effective Date:
September 12, 2001, superseded by
Amendment Number 3, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 3, Revision 1, on
December 11, 2017.
Renewed Amendment Number 3,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 4 Effective Date:
February 12, 2002, superseded by
Amendment Number 4, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 4, Revision 1, on
December 11, 2017.
Renewed Amendment Number 4,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 5 Effective Date:
January 7, 2004, superseded by
Amendment Number 5, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 5, Revision 1, on
December 11, 2017.
Renewed Amendment Number 5,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 6 Effective Date:
December 22, 2003, superseded by
Amendment Number 6, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 6, Revision 1, on
December 11, 2017.
Renewed Amendment Number 6,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 7 Effective Date:
March 2, 2004, superseded by
Amendment Number 7, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 7, Revision 1, on
December 11, 2017.
Renewed Amendment Number 7,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 8 Effective Date:
December 5, 2005, superseded by
VerDate Sep<11>2014
16:15 Nov 06, 2018
Jkt 247001
Amendment Number 8, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 8, Revision 1, on
December 11, 2017.
Renewed Amendment Number 8,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 9 Effective Date:
April 17, 2007, superseded by
Amendment Number 9, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 9, Revision 1, on
December 11, 2017.
Renewed Amendment Number 9,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 10 Effective
Date: August 24, 2009, superseded by
Amendment Number 10, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 10, Revision 1, on
December 11, 2017.
Renewed Amendment Number 10,
Revision 1, Effective Date: December 11,
2017.
Amendment Number 11 Effective
Date: January 7, 2014, superseded by
Amendment Number 11, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 11, Revision 1, on
December 11, 2017.
Renewed Amendment Number 11,
Revision 1, Effective Date: December 11,
2017, as corrected (ADAMS Accession
No. ML18018A043).
Amendment Number 12 Effective
Date: Amendment not issued by the
NRC.
Amendment Number 13 Effective
Date: May 24, 2014, superseded by
Amendment Number 13, Revision 1, on
April 25, 2017, superseded by Renewed
Amendment Number 13, Revision 1, on
December 11, 2017.
Renewed Amendment Number 13,
Revision 1, Effective Date: December 11,
2017, as corrected (ADAMS Accession
No. ML18018A100).
Amendment Number 14 Effective
Date: April 25, 2017, superseded by
Renewed Amendment Number 14, on
December 11, 2017.
Renewed Amendment Number 14
Effective Date: December 11, 2017.
Renewed Amendment Number 15
Effective Date: January 22, 2019.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis
Report for the Standardized NUHOMS®
Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72–1004.
Certificate Expiration Date: January
23, 2015.
Renewed Certificate Expiration Date:
January 23, 2055.
Model Number: NUHOMS®–24P,
–24PHB, –24PTH, –32PT, –32PTH1,
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
–37PTH, –52B, –61BT, –61BTH, and
–69BTH.
*
*
*
*
*
Dated at Rockville, Maryland, this 24th day
of October 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018–24255 Filed 11–6–18; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0551; Product
Identifier 2018–NM–023–AD; Amendment
39–19485; AD 2018–22–12]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model CL–600–2C10
(Regional Jet Series 700, 701, & 702)
airplanes; Model CL–600–2D15
(Regional Jet Series 705) airplanes;
Model CL–600–2D24 (Regional Jet
Series 900) airplanes; and Model CL–
600–2E25 (Regional Jet Series 1000)
airplanes. This AD was prompted by
reports of damage to the protective
coating and corrosion on the piston/axle
of the main landing gear (MLG), caused
by friction between the inboard axle
sleeve and the axle thrust face. This AD
requires revising the maintenance or
inspection program, as applicable, to
incorporate a detailed inspection of the
MLG piston/axle for damage to the
protective coating and for corrosion. We
are issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December
12, 2018.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 12, 2018.
ADDRESSES: For service information
identified in this final rule, contact
Bombardier, Inc., 400 Coˆte-Vertu Road
West, Dorval, Que´bec H4S 1Y9, Canada;
Widebody Customer Response Center
North America toll-free telephone 1–
866–538–1247 or direct-dial telephone
1–514–855–2999; fax 514–855–7401;
email ac.yul@aero.bombardier.com;
SUMMARY:
E:\FR\FM\07NOR1.SGM
07NOR1
]]>Agencies
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55601-55606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24255]
========================================================================
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. 83, No. 216 / Wednesday, November 7, 2018 /
Rules and Regulations
[[Page 55601]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0212]
RIN 3150-AK16
List of Approved Spent Fuel Storage Casks: TN Americas LLC,
Standardized NUHOMS[supreg] System, Certificate of Compliance No. 1004,
Renewed Amendment No. 15
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 TN Americas LLC
Standardized NUHOMS[supreg] Horizontal Modular Storage System
(NUHOMS[supreg] System) listing within the ``List of approved spent
fuel storage casks'' to include Renewed Amendment No. 15 to Certificate
of Compliance No. 1004. Because this amendment is subsequent to the
renewal of the TN Americas LLC Standardized NUHOMS[supreg] Certificate
of Compliance 1004 system and, therefore, subject to the Aging
Management Program requirements of the renewed certificate, it is
referred to as ``Renewed Amendment No. 15.'' Renewed Amendment No. 15
revises the Certificate of Compliance's technical specifications to:
Unify and standardize fuel qualification tables; revise existing and
add new heat load zoning configurations; increase the allowable maximum
assembly average burnup; allow loading of damaged fuel assemblies under
certain conditions; expand the definition of the poison rod assemblies
to include rod cluster control assembly materials; allow other
zirconium alloy cladding materials; add model OS197 as an authorized
transfer cask; add the description for the solar shield in the updated
final safety analysis report; and add flexibility to general licensees
in verifying compliance regarding the storage pad location and the
soil-structure interaction. Additionally, the rulemaking makes
clarifications to rule text related to Certificate of Compliance No.
1004 by removing redundant language.
DATES: This direct final rule is effective January 22, 2019, unless
significant adverse comments are received by December 7, 2018. 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: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0212. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Ca[email protected]. For technical questions contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
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: Christian Jacobs, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6825; email:
[email protected] or Edward M. Lohr, Office of Nuclear Material
Safety and Safeguards; telephone: 301-415-0253; email:
[email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2018-0212 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-2018-0212.
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 ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. For
the convenience of the reader, instructions about obtaining materials
referenced in this document are provided in the ``Availability of
Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents at
[[Page 55602]]
the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
B. Submitting Comments
Please include Docket ID NRC-2018-0212 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 Renewed Amendment
No. 15 to Certificate of Compliance No. 1004 and does not include other
aspects of the TN Americas LLC Standardized NUHOMS[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 Certificate of Compliance that is expected to be
noncontroversial. Adequate protection of public health and safety
continues to be ensured. The amendment to the rule will become
effective on January 22, 2019. However, if the NRC receives significant
adverse comments on this direct final rule by December 7, 2018, 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. Absent significant
modifications to the proposed revisions requiring republication, the
NRC will not initiate a second comment period on this action.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, a substantive response is required when:
(a) The comment causes the NRC to reevaluate (or reconsider) its
position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC to make a change (other than
editorial) to the rule, Certificate of Compliance, or technical
specifications.
For detailed instructions on filing comments, please see the
companion proposed rule published in the Proposed Rules section of this
issue of the Federal Register.
III. Background
Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as
amended, requires that ``the 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 NWPA
states, in part, that ``[the 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 which 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
December 22, 1994 (59 FR 65898), that approved the TN Americas LLC
Standardized NUHOMS[supreg] System design and added it to the list of
NRC-approved cask designs provided in Sec. 72.214 as Certificate of
Compliance No. 1004. Most recently, on September 27, 2017 (82 FR
44879), the NRC issued a Renewal of the revised initial certificate and
Amendment Nos. 1 through 11, 13 and 14.
IV. Discussion of Changes
On March 28, 2017, TN Americas LLC submitted a request to the NRC
to amend Certificate of Compliance No. 1004 and supplemented its
request on July 18, 2017, December 14, 2017, and March 22, 2018.
Renewed Amendment No. 15 revises the technical specifications and
updated final safety analysis report to:
Unify and standardize the fuel qualification tables for
four pressurized water reactor systems in order to simplify the
technical specifications.
For the 32PT System, add a new heat load zoning
configuration to allow for the loading of fuel assemblies with decay
heat up to 2.2 kilowatt (kW) corresponding to a 2-year cooled fuel.
For the 32PT System, increase the maximum assembly average
burnup from 55 gigawatt-days per metric ton of uranium to 62 gigawatt-
days per metric ton of uranium.
For the 32PT System, allow for the loading of damaged fuel
assemblies confined within top and bottom end caps and failed fuel
assemblies loaded within individual failed fuel canisters in the 32PT
System. Provide for a basket option to increase the number of poison
plates from 24 to 32, resulting in an increase in the allowable
enrichment of the authorized contents. Expand the definition of the
poison rod assemblies in the technical specification and the updated
final safety analysis report to include rod cluster control assembly
materials, specifically adding a silver neutron absorber.
For the 32PT System, include other zirconium alloy
cladding materials such as ZIRLO[supreg] and M5[supreg] in the 32PT
System.
For the 24PTH System, add a new heat load zoning
configuration to allow for the loading of fuel assemblies with decay
heat up to 2.5 kW corresponding to a 2-year cooled fuel, and a total
heat load of 35 kW per basket.
For the 24PTH System, add the OS197 model as an authorized
transfer cask for the transfer of the 24PTH-S-LC
[[Page 55603]]
dry shielded canister in addition to the standardized transfer cask.
For the 61BTH System, revise the existing heat load zoning
configuration to allow loading of fuel assemblies with decay heat up to
1.2 kW corresponding to a 2-year cooling time. Add the GNF-2 and
ATRIUM-11 fuel assembly designs as authorized contents.
For the 32PTH System, add a new heat load zoning
configuration for the loading of fuel assemblies with decay heat up to
1.1 kW for a total heat load of 35.2 kW per basket, and add a new heat
load zoning configuration to allow for loading of fuel assemblies with
decay heat up to 1.3 kW for a total heat load of 37.6 kW per basket.
Provide a description in the updated final safety analysis
report for the solar shield currently described in the technical
specifications for the transfer cask during transfer operations.
Revise Technical Specification 4.3.3 Item 11 to add
flexibility to general licensees in verifying compliance regarding the
storage pad location and the soil-structure interaction.
Because this amendment is subsequent to the renewal of the TN
Americas LLC Standardized NUHOMS[supreg] Certificate of Compliance 1004
system and, therefore, subject to the Aging Management Program
requirements of the renewed certificate (see Technical Specification
5.3.1), it is referred to as ``Renewed Amendment No. 15.''
Additionally, the rulemaking makes clarifications to rule text related
to Certificate of Compliance No. 1004 by removing redundant language.
As documented in the preliminary safety evaluation report, the NRC
performed a detailed safety evaluation of the proposed Certificate of
Compliance amendment request. There are no significant changes to cask
design requirements in the proposed Certificate of Compliance
amendment. Considering the specific design requirements for each
accident condition, the design of the cask would prevent loss of
containment, shielding, and criticality control in the event of an
accident. This amendment does not reflect a significant change in
design or fabrication of the cask. In addition, any resulting
occupational exposure or offsite dose rates from the implementation of
Renewed Amendment No. 15 would remain well within the 10 CFR part 20
limits. 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.
This direct final rule revises the TN Americas LLC Standardized
NUHOMS[supreg] System listing in Sec. 72.214 by adding Renewed
Amendment No. 15 to Certificate of Compliance No. 1004. The amendment
consists of the changes previously described, as set forth in the
revised Certificate of Compliance and technical specifications. The
revised technical specifications are identified and evaluated in the
preliminary safety evaluation report.
The amended TN Americas LLC Standardized NUHOMS[supreg] cask
design, when used under the conditions specified in the Certificate of
Compliance, technical specifications, and NRC's regulations, will meet
the requirements of 10 CFR part 72; therefore, adequate protection of
public health and safety will continue to be ensured. 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 those TN Americas LLC Standardized
NUHOMS[supreg] System casks that meet the criteria of Renewed Amendment
No. 15 to Certificate of Compliance No. 1004.
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 will revise
the TN Americas LLC Standardized NUHOMS[supreg] System design listed in
Sec. 72.214. This action does not constitute the establishment of a
standard that contains generally applicable requirements.
VI. Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' approved by the Commission on June 30, 1997,
and published in the Federal Register on September 3, 1997 (62 FR
46517), this rule is classified as Compatibility Category ``NRC.''
Compatibility is not required for Category ``NRC'' regulations. 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. Although an Agreement
State may not adopt program elements reserved to the NRC, and the
Category ``NRC'' does not confer regulatory authority on the State, the
State may wish to inform its licensees of certain requirements by means
consistent with the particular State's administrative procedure laws.
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
31883).
VIII. Environmental Assessment and Finding of No Significant
Environmental Impact
A. The Action
The action is to amend Sec. 72.214 to revise the TN Americas LLC
Standardized NUHOMS[supreg] System listing within the ``List of
Approved Spent Fuel Storage Casks'' to include Renewed Amendment No. 15
to Certificate of Compliance No. 1004. Under 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,'' 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.
B. The Need for the Action
This direct final rule amends the Certificate of Compliance for the
TN Americas LLC Standardized NUHOMS[supreg] System design within the
list of approved spent fuel storage casks that power reactor licensees
can use to store spent fuel at reactor sites under a general license.
Specifically, Renewed Amendment No. 15 updates the Certificate of
Compliance as described in Section IV, ``Discussion of Changes,'' of
this document, for the use of the TN Americas LLC Standardized
NUHOMS[supreg] System. Additionally, the rulemaking makes
clarifications to rule text related to Certificate of Compliance No.
1004 by removing redundant language.
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
[[Page 55604]]
NRC-approved storage casks was initially analyzed in the environmental
assessment for the 1990 final rule. The environmental assessment for
this Renewed Amendment No. 15 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 Standardized NUHOMS[supreg] Systems are
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, 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
events.
Considering the specific design requirements for each accident
condition, the design of the cask would prevent loss of confinement,
shielding, and criticality control in the event of an accident. If
there is no loss of confinement, shielding, or criticality control, the
environmental impacts resulting from an accident would be
insignificant. 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 Renewed Amendment No. 15
would remain well within the 10 CFR part 20 limits. Therefore, the
proposed Certificate of Compliance 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 amounts of any
effluent released, no significant increase in individual or cumulative
radiation exposures, and no significant increase in the potential for
or consequences of radiological accidents. The NRC documented its
safety findings in a preliminary safety evaluation report.
D. Alternative to the Action
The alternative to this action is to deny approval of Renewed
Amendment No. 15 and not issue the direct final rule. Consequently, any
10 CFR part 72 general licensee that seeks to load spent nuclear fuel
into TN Americas LLC Standardized NUHOMS[supreg] Systems in accordance
with the changes described in proposed Renewed Amendment No. 15 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. Therefore, the environmental impacts of the
alternative action would be the same as, or more likely greater than,
the preferred action.
E. Alternative Use of Resources
Approval of Renewed Amendment No. 15 to Certificate of Compliance
No. 1004 would result in no irreversible commitment of resources.
F. Agencies and Persons Contacted
No agencies or persons outside the NRC were contacted in connection
with the preparation of this environmental assessment.
G. Finding of No Significant Impact
The 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 entitled
``List of Approved Spent Fuel Storage Casks: TN Americas LLC
Standardized NUHOMS[supreg] System, Certificate of Compliance No. 1004,
Renewed Amendment No. 15'' 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 it notifies the NRC in advance, the spent fuel is
stored under the conditions specified in the cask's Certificate of
Compliance, and the conditions of the general license are met. A list
of NRC-approved cask designs is contained in Sec. 72.214. On December
22, 1994 (59 FR 65898), the NRC issued an amendment to 10 CFR part 72
that approved the TN Americas LLC Standardized NUHOMS[supreg] System
design by adding it to the list of NRC-approved cask designs in Sec.
72.214.
On March 28, 2017, and as supplemented on July 18, 2017, December
14, 2017, and March 22, 2018, TN Americas LLC submitted an application
to amend the Standardized NUHOMS[supreg] System as described in Section
IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Renewed
Amendment No. 15 and to require any 10 CFR part 72 general licensee
seeking to load spent nuclear fuel into TN Americas LLC Standardized
NUHOMS[supreg] Systems under the changes described in Renewed Amendment
No. 15 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.
[[Page 55605]]
Further, as documented in the preliminary safety evaluation report and
environmental assessment, this direct final rule will have no adverse
effect on public health and safety or the environment. This direct
final rule has no significant identifiable impact or benefit on other
Government agencies. Based on this regulatory analysis, the NRC
concludes that the requirements of this direct final rule are
commensurate with the NRC's responsibilities for public health and
safety and the common defense and security. No other available
alternative is believed to be as satisfactory, and therefore, this
action is recommended.
XII. Backfitting and Issue Finality
The NRC has determined that the backfit rule (10 CFR 72.62) does
not apply to this direct final rule. Therefore, a backfit analysis is
not required. This direct final rule revises Certificate of Compliance
No. 1004 for the TN Americas LLC Standardized NUHOMS[supreg] System, as
currently listed in Sec. 72.214. The revision consists of adding
Renewed Amendment No. 15, which revises the Certificate of Compliance's
technical specifications as described in Section IV, ``Discussion of
Changes,'' of this document. Additionally, the rulemaking makes
clarifications to rule text related to Certificate of Compliance No.
1004 by removing redundant language.
Renewed Amendment No. 15 to Certificate of Compliance No. 1004 for
the TN Americas LLC Standardized NUHOMS[supreg] System was initiated by
TN Americas LLC and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Renewed Amendment No. 15
applies only to new casks fabricated and used under Renewed Amendment
No. 15. These changes do not affect existing users of the TN Americas
LLC Standardized NUHOMS[supreg] System, and the current renewed
Amendments Nos. 0 through 11, 13, and 14, continue to be effective for
existing users. While current Certificate of Compliance users may
comply with the new requirements in Renewed Amendment No. 15, this
would be a voluntary decision on the part of current users.
Additionally, the clarifications to the text of the rule are editorial
in nature, and as such, do not fall within the definition of backfit.
For these reasons, Renewed Amendment No. 15 to Certificate of
Compliance No. 1004 does not constitute backfitting under Sec. 72.62
or Sec. 50.109(a)(1), or otherwise represent an inconsistency with the
issue finality provisions applicable to combined licenses in 10 CFR
part 52. Accordingly, the NRC has not prepared a backfit analysis for
this rulemaking.
XIII. Congressional Review Act
This direct final rule is not a rule as defined in the
Congressional Review Act.
XIV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS accession No./web link/Federal
Document Register citation
------------------------------------------------------------------------
TN Americas LLC Request to Add ML17094A714 (Package).
Amendment No. 15 to Certificate
of Compliance No. 1004, letter
dated March 28, 2017.
Revision to TN Americas LLC ML17202Q145.
Request to Add Amendment No. 15
to Certificate of Compliance No.
1004, letter dated July 18, 2017.
Revision to TN Americas LLC ML17363A276 (Package).
Request to Add Amendment No. 15
to Certificate of Compliance No.
1004, letter dated December 14,
2017.
Revision to TN Americas LLC ML18088A180.
Request to Add Amendment No. 15
to Certificate of Compliance No.
1004, letter dated March 22,
2018.
TN Americas LLC Amendment No. 15 ML18228A531.
to Certificate of Compliance No.
1004.
Technical Specifications for TN ML18228A530.
Americas LLC Amendment No. 15 to
Certificate of Compliance No.
1004.
Preliminary Safety Evaluation ML18234A012.
Report for TN Americas LLC
Amendment No. 15 to Certificate
of Compliance No. 1004.
------------------------------------------------------------------------
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-2018-0212. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2018-0212); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
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, 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 1004 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1004.
Initial Certificate Effective Date: January 23, 1995, superseded by
Initial Certificate, Revision 1, on April 25, 2017, superseded by
Renewed Initial
[[Page 55606]]
Certificate, Revision 1, on December 11, 2017.
Renewed Initial Certificate, Revision 1, Effective Date: December
11, 2017.
Amendment Number 1 Effective Date: April 27, 2000, superseded by
Amendment Number 1, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 1, Revision 1, on December 11, 2017.
Renewed Amendment Number 1, Revision 1, Effective Date: December
11, 2017.
Amendment Number 2 Effective Date: September 5, 2000, superseded by
Amendment Number 2, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 2, Revision 1, on December 11, 2017.
Renewed Amendment Number 2, Revision 1, Effective Date: December
11, 2017.
Amendment Number 3 Effective Date: September 12, 2001, superseded
by Amendment Number 3, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 3, Revision 1, on December 11, 2017.
Renewed Amendment Number 3, Revision 1, Effective Date: December
11, 2017.
Amendment Number 4 Effective Date: February 12, 2002, superseded by
Amendment Number 4, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 4, Revision 1, on December 11, 2017.
Renewed Amendment Number 4, Revision 1, Effective Date: December
11, 2017.
Amendment Number 5 Effective Date: January 7, 2004, superseded by
Amendment Number 5, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 5, Revision 1, on December 11, 2017.
Renewed Amendment Number 5, Revision 1, Effective Date: December
11, 2017.
Amendment Number 6 Effective Date: December 22, 2003, superseded by
Amendment Number 6, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 6, Revision 1, on December 11, 2017.
Renewed Amendment Number 6, Revision 1, Effective Date: December
11, 2017.
Amendment Number 7 Effective Date: March 2, 2004, superseded by
Amendment Number 7, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 7, Revision 1, on December 11, 2017.
Renewed Amendment Number 7, Revision 1, Effective Date: December
11, 2017.
Amendment Number 8 Effective Date: December 5, 2005, superseded by
Amendment Number 8, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 8, Revision 1, on December 11, 2017.
Renewed Amendment Number 8, Revision 1, Effective Date: December
11, 2017.
Amendment Number 9 Effective Date: April 17, 2007, superseded by
Amendment Number 9, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 9, Revision 1, on December 11, 2017.
Renewed Amendment Number 9, Revision 1, Effective Date: December
11, 2017.
Amendment Number 10 Effective Date: August 24, 2009, superseded by
Amendment Number 10, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 10, Revision 1, on December 11, 2017.
Renewed Amendment Number 10, Revision 1, Effective Date: December
11, 2017.
Amendment Number 11 Effective Date: January 7, 2014, superseded by
Amendment Number 11, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 11, Revision 1, on December 11, 2017.
Renewed Amendment Number 11, Revision 1, Effective Date: December
11, 2017, as corrected (ADAMS Accession No. ML18018A043).
Amendment Number 12 Effective Date: Amendment not issued by the
NRC.
Amendment Number 13 Effective Date: May 24, 2014, superseded by
Amendment Number 13, Revision 1, on April 25, 2017, superseded by
Renewed Amendment Number 13, Revision 1, on December 11, 2017.
Renewed Amendment Number 13, Revision 1, Effective Date: December
11, 2017, as corrected (ADAMS Accession No. ML18018A100).
Amendment Number 14 Effective Date: April 25, 2017, superseded by
Renewed Amendment Number 14, on December 11, 2017.
Renewed Amendment Number 14 Effective Date: December 11, 2017.
Renewed Amendment Number 15 Effective Date: January 22, 2019.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear
Fuel.
Docket Number: 72-1004.
Certificate Expiration Date: January 23, 2015.
Renewed Certificate Expiration Date: January 23, 2055.
Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *
Dated at Rockville, Maryland, this 24th day of October 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-24255 Filed 11-6-18; 8:45 am]
BILLING CODE 7590-01-P
