List of Approved Spent Fuel Storage Casks: TN Americas LLC Standardized Advanced NUHOMS® System, Certificate of Compliance No. 1029, Amendment No. 4, 66585-66590 [2018-27949]
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
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*
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Dated: December 18, 2018.
Greg Ibach,
Under Secretary, Marketing and Regulatory
Programs.
[FR Doc. 2018–27787 Filed 12–26–18; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2018–0265]
RIN 3150–AK20
List of Approved Spent Fuel Storage
Casks: TN Americas LLC Standardized
Advanced NUHOMS® System,
Certificate of Compliance No. 1029,
Amendment No. 4
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the TN Americas LLC
Standardized Advanced NUHOMS®
Horizontal Modular Storage System
(NUHOMS® System) listing within the
‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 4 to
SUMMARY:
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66585
Certificate of Compliance No. 1029.
Amendment No. 4 revises the certificate
of compliance’s technical specifications
to: clarify the applicability of unloading
procedures and training modules
relative to spent fuel pool availability;
credit the use of the installed
temperature monitoring system
specified in lieu of performing daily
visual vent inspections; establish dose
rates on the front inlet bird screen and
the door of the concrete storage module
for the Advanced Horizontal Storage
Module; modify the criteria for
performing Advanced Horizontal
Storage Module air vent visual
inspections; identify the blocked vent
time limitations for each of the 24PT1
and 24PT4 dry shielded canisters; and
provide a new temperature rise value for
the Advanced Horizontal Storage
Module with a loaded 24PT4 dry
shielded canister.
DATES: This direct final rule is effective
March 12, 2019, unless significant
adverse comments are received by
January 28, 2019. 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is withdrawn as a result of such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–2018–0265. 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.
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
(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:
William Allen, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6877; email:
William.Allen@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
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2018–
0265 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–2018–0265.
• 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
‘‘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–
0265 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 No. 4 to
Certificate of Compliance No. 1029 and
does not include other aspects of the TN
Americas LLC Standardized Advanced
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 March 12, 2019. However,
if the NRC receives significant adverse
comments on this direct final rule by
January 28, 2019, 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 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
Nuclear Waste Policy Act 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
January 6, 2003 (68 FR 463), that
approved the TN Americas LLC
Standardized Advanced NUHOMS®
System design and added it to the list
of NRC-approved cask designs provided
in § 72.214 as Certificate of Compliance
No. 1029.
IV. Discussion of Changes
On November 15, 2017, TN Americas
LLC submitted a request to the NRC to
amend Certificate of Compliance No.
1029 and supplemented its request on
February 22, 2018, May 16, 2018, June
26, 2018, and July 18, 2018.
Amendment No. 4 revises the technical
specifications and final safety analysis
report as follows:
• For the 24PT1, 24PT4 and 32PTH
dry shielded canisters: (1) Clarify that
unloading procedures are only
applicable during the time period when
the spent fuel pool is available (i.e.,
prior to decommissioning of the spent
fuel pool); and (2) clarify that the option
of removing fuel from the dry shielded
canisters into the spent fuel pool is
performed only if the pool is available.
• Clarify in Technical Specification
5.2.2, ‘‘Training Program,’’ that training
modules associated with unloading
operations only need to address
reflooding if applicable.
• For the 24PT4 dry shielded canister
stored in the Advanced Horizontal
Storage Module, increase the
temperature limit associated with a
blocked vent accident condition based
on dual thermocouple locations.
• For the 24PT1 dry shielded
canister, credit the use of the installed
temperature monitoring system
specified in Technical Specification
5.2.5(b) in lieu of performing daily
visual vent inspections.
• For the 24PT1 and 24PT4 dry
shielded canisters, establish dose rate
limits at the front inlet bird screen and
at the door of the concrete storage
module in Technical Specification 5.4.
• For the 24PT1 dry shielded
canister, modify the criteria for
performing Advanced Horizontal
Storage Module air vent visual
inspections.
• For 24PT1 and 24PT4 dry shielded
canisters, identify blocked vent time
limitations for each canister, instead of
using one blocked vent time limitation
for both dry shielded canisters.
• For Technical Specification 5.4,
provide more specificity regarding the
locations at which dose rate
measurements are performed, and make
Technical Specification 5.4 applicable
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to all dry shielded canisters and storage
modules authorized for use under
Amendment No. 4 to Certificate of
Compliance No. 1029 by adding
‘‘Advanced Horizontal Storage Module
[AHSM] or,’’ removing ‘‘Advanced
Horizontal Storage Module High Burnup
and High Seismic [AHSM–HS],’’ or
removing ‘‘32PTH2,’’ as appropriate.
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
Amendment No. 4 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 Advanced
NUHOMS® System listing in § 72.214
by adding Amendment No. 4 to
Certificate of Compliance No. 1029. 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 Advanced NUHOMS®
cask design, when used under the
conditions specified in the certificate of
compliance, 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
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 Advanced NUHOMS®
System casks that meet the criteria of
Amendment No. 4 to Certificate of
Compliance No. 1029.
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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 Advanced 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 chapter I. 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 § 72.214 to
revise the TN Americas LLC
Standardized Advanced NUHOMS®
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 4 to Certificate
of Compliance No. 1029. Under the
National Environmental Policy Act of
1969, as amended, and the NRC’s
regulations in subpart A of 10 CFR part
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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.
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B. The Need for the Action
This direct final rule amends the
certificate of compliance for the TN
Americas LLC Standardized Advanced
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,
Amendment No. 4 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 Advanced
NUHOMS® System.
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
initially analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Amendment No. 4 tiers off of the
environmental assessment for the July
18, 1990, final rule. Tiering on past
environmental assessments is a standard
process under the National
Environmental Policy Act of 1969, as
amended.
The TN Americas LLC Standardized
Advanced NUHOMS® 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,
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
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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 Amendment No. 4
would remain well within the 10 CFR
part 20 limits. Therefore, the proposed
certificate of compliance changes will
not result in any radiological or nonradiological 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 Amendment No. 4 and
not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent
nuclear fuel into the TN Americas LLC
Standardized Advanced NUHOMS®
System in accordance with the changes
described in proposed Amendment No.
4 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.
E. Alternative Use of Resources
Approval of Amendment No. 4 to
Certificate of Compliance No. 1029
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.
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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. 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 Advanced NUHOMS®
System, Certificate of Compliance No.
1029, Amendment No. 4’’ will not have
a significant effect on the human
environment. Therefore, the NRC has
determined that an environmental
impact statement is not necessary for
this direct final rule.
IX. Paperwork Reduction Act
Statement
This direct final rule does not contain
any new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget,
approval number 3150–0132.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and TN Americas LLC.
These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
Act or the size standards established by
the NRC (§ 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
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general license are met. A list of NRCapproved cask designs is contained in
§ 72.214. On January 6, 2003 (68 FR
463), the NRC issued an amendment to
10 CFR part 72 that approved the TN
Americas LLC Standardized Advanced
NUHOMS® System design by adding it
to the list of NRC-approved cask designs
in § 72.214 as Certificate of Compliance
No. 1029.
On November 15, 2017, and as
supplemented on February 22, 2018,
May 16, 2018, June 26, 2018, and July
18, 2018, TN Americas LLC submitted
an application to amend the
Standardized Advanced NUHOMS®
System as described in Section IV,
‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment No. 4
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into the TN Americas LLC
Standardized Advanced NUHOMS®
System under the changes described in
Amendment No. 4 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.
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 (§ 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. 1029 for the TN Americas LLC
Standardized Advanced NUHOMS®
System, as currently listed in § 72.214.
The revision consists of adding
Amendment No. 4, which revises the
certificate of compliance’s technical
specifications as described in Section
IV, ‘‘Discussion of Changes,’’ of this
document.
Amendment No. 4 to Certificate of
Compliance No. 1029 for the TN
Americas LLC Standardized Advanced
NUHOMS® System was initiated by TN
Americas LLC and was not submitted in
response to new NRC requirements, or
an NRC request for amendment.
Amendment No. 4 applies only to new
casks fabricated and used under
Amendment No. 4. These changes do
not affect existing users of the TN
Americas LLC Standardized Advanced
NUHOMS® System, and the current
renewed Amendment Nos. 1 through 3
continue to be effective for existing
users. While current certificate of
compliance users may comply with the
new requirements in Amendment No. 4,
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
backfitting.
For these reasons, Amendment No. 4
to Certificate of Compliance No. 1029
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
khammond on DSK30JT082PROD with RULES
TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance No. 1029,
letter dated November 15, 2017.
Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance
No. 1029, letter dated February 22, 2018.
Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance
No. 1029, letter dated May 16, 2018.
Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance
No. 1029, letter dated June 26, 2018.
Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance
No. 1029, letter dated July 18, 2018.
TN Americas LLC Amendment No. 4 Certificate of Compliance No. 1029 ....................................
Technical Specifications for TN Americas LLC Amendment No. 4 to Certificate of Compliance
No. 1029.
Preliminary Safety Evaluation Report for TN Americas LLC Amendment No. 4 to Certificate of
Compliance No. 1029.
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–2018–0265. 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
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ML17326A125 (Package).
ML18065A362.
ML18138A289.
ML18179A174.
ML18201A202.
ML18263A046.
ML18263A045.
ML18263A047.
folder (NRC–2018–0265); (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).
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
List of Subjects in 10 CFR Part 72
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,
Administrative practice and
procedure, Hazardous waste, Indians,
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
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:
FEDERAL ELECTION COMMISSION
11 CFR Parts 104 and 109
[Notice 2018–17]
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
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 1029 is revised to read as
follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
Certificate Number: 1029.
Initial Certificate Effective Date:
February 5, 2003.
Amendment Number 1 Effective Date:
May 16, 2005.
Amendment Number 2 Effective Date:
Amendment not issued by the NRC.
Amendment Number 3 Effective Date:
February 23, 2015.
Amendment Number 4 Effective Date:
March 12, 2019.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis
Report for the Standardized Advanced
NUHOMS® Horizontal Modular Storage
System for Irradiated Nuclear Fuel.
Docket Number: 72–1029.
Certificate Expiration Date: February
5, 2023.
Model Number: Standardized
Advanced NUHOMS®¥24PT1,
¥24PT4, and ¥32PTH2.
*
*
*
*
*
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*
Dated at Rockville, Maryland, this 19th day
of December, 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018–27949 Filed 12–26–18; 8:45 am]
BILLING CODE 7590–01–P
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Reporting Multistate Independent
Expenditures and Electioneering
Communications
Federal Election Commission.
Final rule.
AGENCY:
ACTION:
The Commission is adopting
final rules to address reporting of
independent expenditures and
electioneering communications that
relate to presidential primary elections
and that are publicly distributed in
multiple states but that do not refer to
any particular state’s primary election.
DATES: This rule is subject to subject to
Congressional review. 52 U.S.C.
30111(d). The effective date is March
31, 2019. However, at the conclusion of
the Congressional review, if the effective
date has been changed, the Commission
will publish a document in the Federal
Register to establish the actual effective
date.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert M. Knop, Assistant General
Counsel, or Ms. Joanna S.
Waldstreicher, Attorney, 1050 First St.
NE, Washington, DC 20463, (202) 694–
1650 or (800) 424–9530. Documents
relating to the rulemaking record are
available on the Commission’s website
at https://sers.fec.gov/fosers, reference
REG 2014–02.
SUPPLEMENTARY INFORMATION: The
Commission is revising its regulations
concerning independent expenditures
and electioneering communications as
they apply to communications that
relate to presidential primary elections
and that are publicly distributed in
multiple states but that do not refer to
any particular state’s primary election (a
‘‘multistate independent expenditure’’
or ‘‘multistate electioneering
communication’’). The Act and
Commission regulations require persons
who make independent expenditures
and electioneering communications to
report certain information to the
Commission within specified periods of
time. See 52 U.S.C. 30104(b)–(c), (f), (g);
11 CFR 104.3, 104.4, 104.20, 109.10.
The Commission is revising its
regulations to clarify when and how
multistate independent expenditures
and multistate electioneering
communications must be reported.
Although the Commission also
proposed revising its regulations
concerning independent expenditures
by authorized committees of candidates,
the Commission could not reach
SUMMARY:
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agreement to revise those regulations at
this time. See Independent
Expenditures by Authorized
Committees; Reporting Multistate
Independent Expenditures and
Electioneering Communications, 83 FR
3996, 3999–4000 (Jan. 29, 2018). The
Commission may reconsider revisions to
those regulations in a separate
rulemaking at a later date.
Transmission of Final Rules to
Congress
Before final promulgation of any rules
or regulations to carry out the
provisions of the Federal Election
Campaign Act, the Commission
transmits the rules or regulations to the
Speaker of the House of Representatives
and the President of the Senate for a
thirty-legislative-day review period. 52
U.S.C. 30111(d). The effective date of
this final rule is March 31, 2019.
However, at the conclusion of the
Congressional review, if the effective
date has been changed, the Commission
will publish a document in the Federal
Register to establish the actual effective
date.
Explanation and Justification
I. Background
The Act and Commission regulations
require that political committees report
all disbursements. 52 U.S.C.
30104(b)(4); 11 CFR 104.3(b). Political
committees must also itemize their
disbursements according to specific
categories. 52 U.S.C. 30104(b)(4); 11
CFR 104.3(b)(1)–(2). An ‘‘independent
expenditure’’ is an expenditure that
expressly advocates the election or
defeat of a clearly identified federal
candidate and is not coordinated with
such candidate (or his or her opponent)
or political party. 52 U.S.C. 30101(17);
see also 11 CFR 100.16(a). Under
existing regulations, a political
committee (other than an authorized
committee) that makes independent
expenditures must itemize those
expenditures on its regular periodic
reports, stating, among other things, the
name of the candidate whom the
expenditure supports or opposes and
the office sought by that candidate. 52
U.S.C. 30104(b)(4)(H)(iii), (6)(B)(iii); 11
CFR 104.4(a). Any person other than a
political committee that makes
independent expenditures aggregating
in excess of $250 during a calendar year
must disclose the same information in a
statement filed with the Commission.1
52 U.S.C. 30104(c); 11 CFR 109.10(b).
1 Further, Commission regulations provide that
persons other than political committees ‘‘shall file
a report or statement . . . in any quarterly reporting
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]]>Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66585-66590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27949]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2018-0265]
RIN 3150-AK20
List of Approved Spent Fuel Storage Casks: TN Americas LLC
Standardized Advanced NUHOMS[supreg] System, Certificate of Compliance
No. 1029, Amendment No. 4
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 Advanced NUHOMS[supreg] Horizontal Modular Storage System
(NUHOMS[supreg] System) listing within the ``List of approved spent
fuel storage casks'' to include Amendment No. 4 to Certificate of
Compliance No. 1029. Amendment No. 4 revises the certificate of
compliance's technical specifications to: clarify the applicability of
unloading procedures and training modules relative to spent fuel pool
availability; credit the use of the installed temperature monitoring
system specified in lieu of performing daily visual vent inspections;
establish dose rates on the front inlet bird screen and the door of the
concrete storage module for the Advanced Horizontal Storage Module;
modify the criteria for performing Advanced Horizontal Storage Module
air vent visual inspections; identify the blocked vent time limitations
for each of the 24PT1 and 24PT4 dry shielded canisters; and provide a
new temperature rise value for the Advanced Horizontal Storage Module
with a loaded 24PT4 dry shielded canister.
DATES: This direct final rule is effective March 12, 2019, unless
significant adverse comments are received by January 28, 2019. 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-2018-0265. 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.
[[Page 66586]]
(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: William Allen, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6877; email:
William.Allen@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-2018-0265 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-2018-0265.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to 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 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-2018-0265 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 No. 4 to
Certificate of Compliance No. 1029 and does not include other aspects
of the TN Americas LLC Standardized Advanced 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 March 12, 2019. However, if the NRC receives significant
adverse comments on this direct final rule by January 28, 2019, 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 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 Nuclear
Waste Policy Act 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
[[Page 66587]]
contains procedures and criteria for obtaining NRC approval of spent
fuel storage cask designs. The NRC subsequently issued a final rule on
January 6, 2003 (68 FR 463), that approved the TN Americas LLC
Standardized Advanced 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. 1029.
IV. Discussion of Changes
On November 15, 2017, TN Americas LLC submitted a request to the
NRC to amend Certificate of Compliance No. 1029 and supplemented its
request on February 22, 2018, May 16, 2018, June 26, 2018, and July 18,
2018. Amendment No. 4 revises the technical specifications and final
safety analysis report as follows:
For the 24PT1, 24PT4 and 32PTH dry shielded canisters: (1)
Clarify that unloading procedures are only applicable during the time
period when the spent fuel pool is available (i.e., prior to
decommissioning of the spent fuel pool); and (2) clarify that the
option of removing fuel from the dry shielded canisters into the spent
fuel pool is performed only if the pool is available.
Clarify in Technical Specification 5.2.2, ``Training
Program,'' that training modules associated with unloading operations
only need to address reflooding if applicable.
For the 24PT4 dry shielded canister stored in the Advanced
Horizontal Storage Module, increase the temperature limit associated
with a blocked vent accident condition based on dual thermocouple
locations.
For the 24PT1 dry shielded canister, credit the use of the
installed temperature monitoring system specified in Technical
Specification 5.2.5(b) in lieu of performing daily visual vent
inspections.
For the 24PT1 and 24PT4 dry shielded canisters, establish
dose rate limits at the front inlet bird screen and at the door of the
concrete storage module in Technical Specification 5.4.
For the 24PT1 dry shielded canister, modify the criteria
for performing Advanced Horizontal Storage Module air vent visual
inspections.
For 24PT1 and 24PT4 dry shielded canisters, identify
blocked vent time limitations for each canister, instead of using one
blocked vent time limitation for both dry shielded canisters.
For Technical Specification 5.4, provide more specificity
regarding the locations at which dose rate measurements are performed,
and make Technical Specification 5.4 applicable to all dry shielded
canisters and storage modules authorized for use under Amendment No. 4
to Certificate of Compliance No. 1029 by adding ``Advanced Horizontal
Storage Module [AHSM] or,'' removing ``Advanced Horizontal Storage
Module High Burnup and High Seismic [AHSM-HS],'' or removing
``32PTH2,'' as appropriate.
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
Amendment No. 4 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
Advanced NUHOMS[supreg] System listing in Sec. 72.214 by adding
Amendment No. 4 to Certificate of Compliance No. 1029. 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 Advanced NUHOMS[supreg]
cask design, when used under the conditions specified in the
certificate of compliance, 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
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 Advanced NUHOMS[supreg] System casks
that meet the criteria of Amendment No. 4 to Certificate of Compliance
No. 1029.
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 Advanced 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 chapter I. 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 Advanced NUHOMS[supreg] System listing within the ``List
of approved spent fuel storage casks'' to include Amendment No. 4 to
Certificate of Compliance No. 1029. Under the National Environmental
Policy Act of 1969, as amended, and the NRC's regulations in subpart A
of 10 CFR part
[[Page 66588]]
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 Advanced 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, Amendment No. 4 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 Advanced
NUHOMS[supreg] System.
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 initially
analyzed in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 4 tiers off of the
environmental assessment for the July 18, 1990, final rule. Tiering on
past environmental assessments is a standard process under the National
Environmental Policy Act of 1969, as amended.
The TN Americas LLC Standardized Advanced NUHOMS[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, 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 Amendment No. 4 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 Amendment No.
4 and not issue the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the TN
Americas LLC Standardized Advanced NUHOMS[supreg] System in accordance
with the changes described in proposed Amendment No. 4 would have to
request an exemption from the requirements of Sec. Sec. 72.212 and
72.214. Under this alternative, interested licensees would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee. 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 Amendment No. 4 to Certificate of Compliance No. 1029
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.
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 Advanced NUHOMS[supreg] System,
Certificate of Compliance No. 1029, Amendment No. 4'' will not have a
significant effect on the human environment. Therefore, the NRC has
determined that an environmental impact statement is not necessary for
this direct final rule.
IX. Paperwork Reduction Act Statement
This direct final rule does not contain any new or amended
collections of information subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were
approved by the Office of Management and Budget, approval number 3150-
0132.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the
NRC certifies that this direct final rule will not, if issued, have a
significant economic impact on a substantial number of small entities.
This direct final rule affects only nuclear power plant licensees and
TN Americas LLC. These entities do not fall within the scope of the
definition of small entities set forth in the Regulatory Flexibility
Act or the size standards established by the NRC (Sec. 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10
CFR part 72 to provide for the storage of spent nuclear fuel under a
general license in cask designs approved by the NRC. Any nuclear power
reactor licensee can use NRC-approved cask designs to store spent
nuclear fuel if 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
[[Page 66589]]
general license are met. A list of NRC-approved cask designs is
contained in Sec. 72.214. On January 6, 2003 (68 FR 463), the NRC
issued an amendment to 10 CFR part 72 that approved the TN Americas LLC
Standardized Advanced NUHOMS[supreg] System design by adding it to the
list of NRC-approved cask designs in Sec. 72.214 as Certificate of
Compliance No. 1029.
On November 15, 2017, and as supplemented on February 22, 2018, May
16, 2018, June 26, 2018, and July 18, 2018, TN Americas LLC submitted
an application to amend the Standardized Advanced NUHOMS[supreg] System
as described in Section IV, ``Discussion of Changes,'' of this
document.
The alternative to this action is to withhold approval of Amendment
No. 4 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into the TN Americas LLC Standardized Advanced
NUHOMS[supreg] System under the changes described in Amendment No. 4 to
request an exemption from the requirements of Sec. Sec. 72.212 and
72.214. Under this alternative, each interested 10 CFR part 72 licensee
would have to prepare, and the NRC would have to review, a separate
exemption request, thereby increasing the administrative burden upon
the NRC and the costs to each licensee.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary safety evaluation
report and environmental assessment, this direct final rule will have
no adverse effect on 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 (Sec. 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.
1029 for the TN Americas LLC Standardized Advanced NUHOMS[supreg]
System, as currently listed in Sec. 72.214. The revision consists of
adding Amendment No. 4, which revises the certificate of compliance's
technical specifications as described in Section IV, ``Discussion of
Changes,'' of this document.
Amendment No. 4 to Certificate of Compliance No. 1029 for the TN
Americas LLC Standardized Advanced 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. Amendment No. 4 applies
only to new casks fabricated and used under Amendment No. 4. These
changes do not affect existing users of the TN Americas LLC
Standardized Advanced NUHOMS[supreg] System, and the current renewed
Amendment Nos. 1 through 3 continue to be effective for existing users.
While current certificate of compliance users may comply with the new
requirements in Amendment No. 4, 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 backfitting.
For these reasons, Amendment No. 4 to Certificate of Compliance No.
1029 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
Document link/Federal Register
Citation
------------------------------------------------------------------------
TN Americas LLC Request to Add Amendment ML17326A125 (Package).
No. 4 to Certificate of Compliance No.
1029, letter dated November 15, 2017.
Revision to TN Americas LLC Request to Add ML18065A362.
Amendment No. 4 to Certificate of
Compliance No. 1029, letter dated February
22, 2018.
Revision to TN Americas LLC Request to Add ML18138A289.
Amendment No. 4 to Certificate of
Compliance No. 1029, letter dated May 16,
2018.
Revision to TN Americas LLC Request to Add ML18179A174.
Amendment No. 4 to Certificate of
Compliance No. 1029, letter dated June 26,
2018.
Revision to TN Americas LLC Request to Add ML18201A202.
Amendment No. 4 to Certificate of
Compliance No. 1029, letter dated July 18,
2018.
TN Americas LLC Amendment No. 4 Certificate ML18263A046.
of Compliance No. 1029.
Technical Specifications for TN Americas ML18263A045.
LLC Amendment No. 4 to Certificate of
Compliance No. 1029.
Preliminary Safety Evaluation Report for TN ML18263A047.
Americas LLC Amendment No. 4 to
Certificate of Compliance No. 1029.
------------------------------------------------------------------------
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-2018-0265. 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-2018-0265); (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, 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,
[[Page 66590]]
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 1029 is revised to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1029.
Initial Certificate Effective Date: February 5, 2003.
Amendment Number 1 Effective Date: May 16, 2005.
Amendment Number 2 Effective Date: Amendment not issued by the NRC.
Amendment Number 3 Effective Date: February 23, 2015.
Amendment Number 4 Effective Date: March 12, 2019.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis Report for the Standardized
Advanced NUHOMS[supreg] Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72-1029.
Certificate Expiration Date: February 5, 2023.
Model Number: Standardized Advanced NUHOMS[supreg]-24PT1, -24PT4,
and -32PTH2.
* * * * *
Dated at Rockville, Maryland, this 19th day of December, 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-27949 Filed 12-26-18; 8:45 am]
BILLING CODE 7590-01-P
