List of Approved Spent Fuel Storage Casks: TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewed Amendment No. 17, 15563-15568 [2021-06076]

Download as PDF Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations List of Approved Spent Fuel Storage Casks: TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewed Amendment No. 17 List of Subjects in 7 CFR Part 927 AGENCY: Marketing agreements, Pears, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 927 is amended as follows: PART 927—PEARS GROWN IN OREGON AND WASHINGTON 1. The authority citation for 7 CFR part 927 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 927.316 is revised to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES (a) Shipments of fresh Beurre D’Anjou variety pears throughout the Continental United States or to Canada shall have a certification by the Federal-State Inspection Service, issued prior to shipment, showing that the core/pulp temperature of such pears has been lowered to 35 degrees Fahrenheit or less and any such pears have an average pressure test of 13 pounds or less. (b) Shipments of fresh Beurre D’Anjou variety pears to Mexico shall have a certification by the Federal-State Inspection Service, issued prior to shipment, showing that the core/pulp temperature of such pears has been lowered to 35 degrees Fahrenheit or less and any such pears have an average pressure test of 14 pounds or less. (c) The handler shall submit, or cause to be submitted, a copy of the certificate issued on the shipment to the Fresh Pear Committee. respond to the proposal. Two comments were received. One of the comments favored this action, and the other was not supportive of this rule. The comment that supported the rule did not address the merits of this action. The comment not in favor of the rule challenged the assumption—that these changes affecting the ripening of Anjou pears would increase sales—as being without merit. This comment also included that the removal of the minimum quantity exemption for shipments will affect small farmers. The Committee-funded research showed that fruits at lower pressures were ripening properly; and following consumer preferences, would lead to a better eating experience, increased repeat purchases, and increased sales of Anjou pears. By removing the minimum quantity exemption for shipments, all Anjou pears are subjected to the new regulation which will improve grower returns including those to small farmers. Accordingly, no changes will be made to the rule as proposed. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https:// www.ams.usda.gov/rules-regulations/ moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule will tend to effectuate the declared policy of the Act. § 927.316 Handling regulation. During the period August 15 through November 1, no person shall handle any fresh Beurre D’Anjou variety pears unless such pears meet the following requirements: VerDate Sep<11>2014 15:49 Mar 23, 2021 Jkt 253001 Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2021–05926 Filed 3–23–21; 8:45 am] BILLING CODE 3410–02–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC–2020–0274] RIN 3150–AK57 Nuclear Regulatory Commission. ACTION: Direct final rule. 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 listing within the ‘‘List of approved spent fuel storage casks’’ to include Renewed Amendment No. 17 to Certificate of Compliance No. 1004. Because this amendment is subsequent to the renewal of the TN Americas LLC Standardized NUHOMS® Horizontal Modular System Certificate of Compliance No. 1004 and, therefore, subject to the Aging Management Program requirements of the renewed certificate, it is referred to as ‘‘Renewed Amendment No. 17.’’ Renewed Amendment No. 17 revises the certificate of compliance technical SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 15563 specifications to add Heat Load Zoning Configurations 11–13 for the 61BTH Type 2 dry shielded canister and change the maximum assembly heat load from 1.2 kW to 1.7 kW. This amendment also makes minor clarifications to the certificate of compliance. DATES: This direct final rule is effective June 7, 2021, unless significant adverse comments are received by April 23, 2021. 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–2020–0274. Address questions about NRC dockets to Dawn Forder; telephone: 301–415–3407; email: Dawn.Forder@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. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. 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: YenJu Chen, Office of Nuclear Material Safety and Safeguards; telephone: 301– 415–1018; email: Yen-Ju.Chen@nrc.gov or Alexa Sieracki, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–7509; email: Alexa.Sieracki@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 E:\FR\FM\24MRR1.SGM 24MRR1 15564 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations II. Rulemaking Procedure III. Background IV. Discussion of Changes V. Voluntary Consensus Standards VI. Agreement State Compatibility VII. Plain Writing VIII. Environmental Assessment and Finding of No Significant Impact IX. 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 khammond on DSKJM1Z7X2PROD with RULES A. Obtaining Information Please refer to Docket ID NRC–2020– 0274 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–2020–0274. • 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. • Attention: The Public Document Room (PDR), where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1–800– 397–4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal Rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2020–0274 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 VerDate Sep<11>2014 15:49 Mar 23, 2021 Jkt 253001 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. 17 to Certificate of Compliance No. 1004 and does not include other aspects of the TN Americas LLC, Standardized NUHOMS® Cask 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 non-controversial. The NRC has determined that, with the requested changes, adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on June 7, 2021. However, if the NRC receives any significant adverse comments on this direct final rule by April 23, 2021, 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-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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 (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. III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that ‘‘[t]he Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.’’ Section 133 of the Nuclear Waste Policy Act states, in part, that ‘‘[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219(a) [sic: 218(a)] for use at the site of any civilian nuclear power reactor.’’ To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled ‘‘General License for Storage of Spent Fuel at Power Reactor Sites’’ (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled ‘‘Approval of Spent Fuel Storage Casks,’’ which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on December 22, 1994 (59 FR 65898) that approved the TN Americas LLC Standardized NUHOMS® System design and added it to the list of NRCapproved cask designs in § 72.214 as Certificate of Compliance No. 1004. IV. Discussion of Changes On June 11, 2020, TN Americas LLC submitted a request to the NRC to amend Certificate of Compliance No. 1004. TN Americas LLC supplemented its request on September 11, 2020. Renewed Amendment No. 17 revises the certificate of compliance technical specifications to (1) add Heat Load E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES Zoning Configurations 11–13 for the 61BTH Type 2 dry shielded canister and (2) change the maximum assembly heat load from 1.2 kW to 1.7 kW. This amendment also includes minor clarification changes. As documented in the preliminary safety evaluation report (ADAMS Accession No. ML20308A495), the NRC performed a safety evaluation of the proposed certificate of compliance amendment request. The NRC determined that this amendment does not reflect a significant change in design or fabrication of the cask. Specifically, the NRC determined that the design of the cask would continue to maintain confinement, shielding, and criticality control in the event of each evaluated accident condition. In addition, any resulting occupational exposure or offsite dose rates from the implementation of Renewed Amendment No. 17 would remain well within the limits specified by 10 CFR part 20, ‘‘Standards for Protection Against Radiation.’’ Thus, the NRC found there will be no significant change in the types or amounts of any effluent released, no significant increase in the individual or cumulative radiation exposure, and no significant increase in the potential for or consequences from radiological accidents. The NRC staff determined that the amended TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System cask design, when used under the conditions specified in the certificate of compliance, the technical specifications, and the NRC’s regulations, will meet the requirements of 10 CFR part 72; therefore, adequate protection of public health and safety will continue to be reasonably assured. When this direct final rule becomes effective, persons who hold a general license under § 72.210 may, consistent with the license conditions under § 72.212, load spent nuclear fuel into TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System casks that meet the criteria of Renewed Amendment No. 17 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 revises the TN Americas LLC VerDate Sep<11>2014 15:49 Mar 23, 2021 Jkt 253001 Standardized NUHOMS® Horizontal Modular Storage System cask design listed in § 72.214, ‘‘List of approved spent fuel storage casks.’’ This action does not constitute the establishment of a standard that contains generally applicable requirements. VI. Agreement State Compatibility Under the ‘‘Agreement State Program Policy Statement’’ approved by the Commission on October 2, 2017, and published in the Federal Register on October 18, 2017 (82 FR 48535), this rule is classified as Compatibility Category NRC—Areas of Exclusive NRC Regulatory Authority. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR chapter I. Therefore, compatibility is not required for program elements in this category. 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 31885). VIII. Environmental Assessment and Finding of No Significant Impact Under the National Environmental Policy Act of 1969, as amended, and the NRC’s regulations in 10 CFR part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,’’ the NRC has determined that this direct final rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has made a finding of no significant impact on the basis of this environmental assessment. A. The Action The action is to amend § 72.214 to revise the TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System listing within the ‘‘List of approved spent fuel storage casks’’ to include Renewed Amendment PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 15565 No. 17 to Certificate of Compliance No. 1004. 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 to allow power reactor licensees to store spent fuel at reactor sites in casks with the approved modifications under a general license. Specifically, Renewed Amendment No. 17 revises the certificate of compliance technical specifications to (1) add Heat Load Zoning Configurations 11–13 for the 61BTH Type 2 dry shielded canister and (2) change the maximum assembly heat load from 1.2 kW to 1.7 kW. This amendment also includes minor clarifications to the certificate of compliance. C. Environmental Impacts of the Action On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent fuel under a general license in cask designs approved by the NRC. The potential environmental impact of using NRC-approved storage casks was analyzed in the environmental assessment for the 1990 final rule. The environmental assessment for this Renewed Amendment No. 17 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. TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an independent spent fuel storage installation, the type of facility at which a holder of a power reactor operating license would store spent fuel in casks in accordance with 10 CFR part 72, can include tornado winds and tornado-generated missiles, a design basis earthquake, a design basis flood, an accidental cask drop, lightning effects, fire, explosions, and other incidents. The design of the cask would prevent loss of confinement, shielding, and criticality control in the event of each evaluated accident condition. If there is no loss of confinement, shielding, or criticality control, the environmental impacts resulting from an accident E:\FR\FM\24MRR1.SGM 24MRR1 15566 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations 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. 17 would remain well within the 10 CFR part 20 limits. Therefore, the proposed changes will not result in any radiological or non-radiological environmental impacts that significantly differ from the environmental impacts evaluated in the environmental assessment supporting the July 18, 1990, final rule. There will be no significant change in the types or significant revisions in the amounts of any effluent released, no significant increase in the individual or cumulative radiation exposures, and no significant increase in the potential for, or consequences from, radiological accidents. The NRC documented its safety findings in the preliminary safety evaluation report. D. Alternative to the Action The alternative to this action is to deny approval of Renewed Amendment No. 17 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® Horizontal Modular Storage System in accordance with the changes described in proposed Renewed Amendment No. 17 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. The environmental impacts would be the same as the proposed action. E. Alternative Use of Resources Approval of Renewed Amendment No. 17 to Certificate of Compliance No. 1004 would result in no irreversible commitment of resources. khammond on DSKJM1Z7X2PROD with RULES 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, VerDate Sep<11>2014 15:49 Mar 23, 2021 Jkt 253001 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). FR 65898), the NRC issued an amendment to 10 CFR part 72 that approved the TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System design by adding it to the list of NRC-approved cask designs in § 72.214. On June 11, 2020, and as supplemented on September 11, 2020, TN Americas LLC submitted a request to amend the TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage 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. 17 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System under the changes described in Renewed Amendment No. 17 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; therefore, this action is recommended. 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 (1) notifies the NRC in advance, (2) the spent fuel is stored under the conditions specified in the cask’s certificate of compliance, and (3) the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On December 22, 1994 (59 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. 1004 for the TN Americas LLC Standardized NUHOMS® Horizontal Modular Storage System, as currently listed in § 72.214. The revision consists of the changes in Renewed Amendment No. 17 previously described, as set forth in the revised certificate of compliance and technical specifications. Renewed Amendment No. 17 to Certificate of Compliance No. 1004 for ‘‘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® Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewed Amendment No. 17’’ 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. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\24MRR1.SGM 24MRR1 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations the TN Americas LLC, Standardized NUHOMS® Horizontal Modular Storage 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. 17 applies only to new casks fabricated and used under Renewed Amendment No. 17. These changes do not affect existing users of the TN Americas LLC, Standardized NUHOMS Horizontal Modular Storage System, and the current Renewed Amendment No. 16 continues to be effective for existing users. While current users of this storage system may comply with the new requirements in Renewed Amendment No. 17, this would be a voluntary decision on the part of current users. For these reasons, Renewed Amendment No. 17 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./ Federal Register Citation Document TN Americas LLC, Submittal of Application for Amendment 17 to Standardized NUHOMS® Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 0. TN America, LLC—Response to Request for Additional Information—Application for Amendment 17 to Standardized NUHOMS® Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 1 (Docket No. 72– 1004. CAC No. 001028, EPID: L–2020–LLA–0128). User Need Memo for Rulemaking for the Standardized NUHOMS® System, Certificate of Compliance No. 1004, Renewed Amendment No. 17. 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–2020–0274. 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–2020–0274); (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). khammond on DSKJM1Z7X2PROD 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, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72: 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: ■ VerDate Sep<11>2014 15:49 Mar 23, 2021 Jkt 253001 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 No. 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 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 PO 00000 Frm 00007 15567 Fmt 4700 Sfmt 4700 ML20174A089 (package). ML20255A206 (package). ML20308A485 (package). 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 E:\FR\FM\24MRR1.SGM 24MRR1 khammond on DSKJM1Z7X2PROD with RULES 15568 Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations 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. Renewed Amendment Number 16 Effective Date: September 14, 2020. Renewed Amendment Number 17 Effective Date: June 7, 2021. VerDate Sep<11>2014 15:49 Mar 23, 2021 Jkt 253001 SAR Submitted by: TN Americas LLC. 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, –37PTH, –52B, –61BT, –61BTH, and –69BTH. * * * * * Dated: March 9, 2021. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2021–06076 Filed 3–23–21; 8:45 am] BILLING CODE 7590–01–P NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 725 [NCUA–2021–0037] RIN 3133–AF15 Central Liquidity Facility National Credit Union Administration (NCUA). ACTION: Interim final rule with request for comments. AGENCY: In response to the enactment of the Consolidated Appropriations Act, 2021, (CAA) the NCUA Board (Board) is issuing this interim final rule to cohere the NCUA’s regulations to the statutory changes made by the CAA. Specifically, the CAA extended several enhancements to the NCUA’s Central Liquidity Facility (CLF or Facility), which were first enacted by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This rule amends the NCUA’s CLF regulation to reflect these extensions. This rule also extends the withdrawal from CLF membership provisions that the Board included in the April 2020 interim final rule that made the aforementioned regulatory changes related to the CARES Act. DATES: This rule is effective on March 24, 2021. The amendment to § 725.6 at instruction number 4 is effective March 24, 2021, until January 1, 2023. Comments must be received on or before May 24, 2021. ADDRESSES: You may submit written comments, identified by RIN 3133– AF15, by any of the following methods (Please send comments by one method only): SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: (703) 518–6319. Include ‘‘[Your Name]—Comments on Interim Final Rule: CLF 2021—NCUA–2021– 0037’’ in the transmittal. • Mail: Address to Melane ConyersAusbrooks, Secretary of the Board, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314–3428. • Hand Delivery/Courier: Same as mail address. Public inspection: You may view all public comments on the Federal eRulemaking Portal at https:// www.regulations.gov, as submitted, except for those we cannot post for technical reasons. The NCUA will not edit or remove any identifying or contact information from the public comments submitted. Due to social distancing measures in effect, the usual opportunity to inspect paper copies of comments in the NCUA’s law library is not currently available. After social distancing measures are relaxed, visitors may make an appointment to review paper copies by calling (703) 518–6540 or emailing OGCMail@ncua.gov. FOR FURTHER INFORMATION CONTACT: Anthony Cappetta, CLF Vice President, Office of Examination and Insurance; or Justin M. Anderson, Senior Staff Attorney, Office of General Counsel, 1775 Duke Street, Alexandria, VA 22314–3428. Anthony Cappetta can also be reached at (703) 518–1592, and Justin Anderson can be reached at (703) 518– 6556. SUPPLEMENTARY INFORMATION: I. Background The CARES Act made several changes to Title III of the Federal Credit Union Act (the FCU Act),1 which governs the CLF.2 On April 16, 2020, the Board approved an interim final rule to amend the NCUA’s CLF regulation, Part 725.3 This interim final rule made several changes to part 725, some of which effectuated or mirrored the changes made by the CARES Act. Other changes, made in the April interim final rule, were intended to make membership in the CLF more advantageous to credit unions. The changes directly related to the CARES Act were scheduled to sunset in accordance with the same on December 31, 2020. As noted above, however, the CAA, among other things, extended the 1 12 U.S.C. 1795 et. seq. Aid, Relief, and Economic Security Act, Public Law 116–136, 134 Stat 281 (March 27, 2020). 3 85 FR 23731 (Apr. 29, 2020). 2 Coronavirus E:\FR\FM\24MRR1.SGM 24MRR1

Agencies

[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Rules and Regulations]
[Pages 15563-15568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06076]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2020-0274]
RIN 3150-AK57


List of Approved Spent Fuel Storage Casks: TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System, 
Certificate of Compliance No. 1004, Renewed Amendment No. 17

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 listing 
within the ``List of approved spent fuel storage casks'' to include 
Renewed Amendment No. 17 to Certificate of Compliance No. 1004. Because 
this amendment is subsequent to the renewal of the TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular System Certificate of 
Compliance No. 1004 and, therefore, subject to the Aging Management 
Program requirements of the renewed certificate, it is referred to as 
``Renewed Amendment No. 17.'' Renewed Amendment No. 17 revises the 
certificate of compliance technical specifications to add Heat Load 
Zoning Configurations 11-13 for the 61BTH Type 2 dry shielded canister 
and change the maximum assembly heat load from 1.2 kW to 1.7 kW. This 
amendment also makes minor clarifications to the certificate of 
compliance.

DATES: This direct final rule is effective June 7, 2021, unless 
significant adverse comments are received by April 23, 2021. 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-2020-0274. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [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.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    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: Yen-Ju Chen, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1018; email: [email protected] or Alexa Sieracki, Office of Nuclear Material Safety 
and Safeguards; telephone: 301-415-7509; 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

[[Page 15564]]

II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant Impact
IX. 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-2020-0274 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-2020-0274.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     Attention: The Public Document Room (PDR), where you may 
examine and order copies of public documents, is currently closed. You 
may submit your request to the PDR via email at [email protected] or 
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday 
through Friday, except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal Rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2020-0274 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. 17 to Certificate of Compliance No. 1004 and does not include other 
aspects of the TN Americas LLC, Standardized NUHOMS[supreg] Cask 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 non-
controversial. The NRC has determined that, with the requested changes, 
adequate protection of public health and safety continues to be 
reasonably assured. The amendment to the rule will become effective on 
June 7, 2021. However, if the NRC receives any significant adverse 
comments on this direct final rule by April 23, 2021, 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.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[t]he Commission shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule that added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
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 in Sec.  72.214 as Certificate of Compliance 
No. 1004.

IV. Discussion of Changes

    On June 11, 2020, TN Americas LLC submitted a request to the NRC to 
amend Certificate of Compliance No. 1004. TN Americas LLC supplemented 
its request on September 11, 2020. Renewed Amendment No. 17 revises the 
certificate of compliance technical specifications to (1) add Heat Load

[[Page 15565]]

Zoning Configurations 11-13 for the 61BTH Type 2 dry shielded canister 
and (2) change the maximum assembly heat load from 1.2 kW to 1.7 kW. 
This amendment also includes minor clarification changes.
    As documented in the preliminary safety evaluation report (ADAMS 
Accession No. ML20308A495), the NRC performed a safety evaluation of 
the proposed certificate of compliance amendment request. The NRC 
determined that this amendment does not reflect a significant change in 
design or fabrication of the cask. Specifically, the NRC determined 
that the design of the cask would continue to maintain confinement, 
shielding, and criticality control in the event of each evaluated 
accident condition. In addition, any resulting occupational exposure or 
offsite dose rates from the implementation of Renewed Amendment No. 17 
would remain well within the limits specified by 10 CFR part 20, 
``Standards for Protection Against Radiation.'' Thus, the NRC found 
there will be no significant change in the types or amounts of any 
effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for or consequences from radiological accidents.
    The NRC staff determined that the amended TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System cask 
design, when used under the conditions specified in the certificate of 
compliance, the technical specifications, and the NRC's regulations, 
will meet the requirements of 10 CFR part 72; therefore, adequate 
protection of public health and safety will continue to be reasonably 
assured. When this direct final rule becomes effective, persons who 
hold a general license under Sec.  72.210 may, consistent with the 
license conditions under Sec.  72.212, load spent nuclear fuel into TN 
Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage 
System casks that meet the criteria of Renewed Amendment No. 17 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 revises the 
TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage 
System cask design listed in Sec.  72.214, ``List of approved spent 
fuel storage casks.'' This action does not constitute the establishment 
of a standard that contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017 (82 FR 48535), this rule is classified as 
Compatibility Category NRC--Areas of Exclusive NRC Regulatory 
Authority. The NRC program elements in this category are those that 
relate directly to areas of regulation reserved to the NRC by the 
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR 
chapter I. Therefore, compatibility is not required for program 
elements in this category. 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 
31885).

VIII. Environmental Assessment and Finding of No Significant Impact

    Under the National Environmental Policy Act of 1969, as amended, 
and the NRC's regulations in 10 CFR part 51, ``Environmental Protection 
Regulations for Domestic Licensing and Related Regulatory Functions,'' 
the NRC has determined that this direct final rule, if adopted, would 
not be a major Federal action significantly affecting the quality of 
the human environment and, therefore, an environmental impact statement 
is not required. The NRC has made a finding of no significant impact on 
the basis of this environmental assessment.

A. The Action

    The action is to amend Sec.  72.214 to revise the TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System listing 
within the ``List of approved spent fuel storage casks'' to include 
Renewed Amendment No. 17 to Certificate of Compliance No. 1004.

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 to allow power reactor 
licensees to store spent fuel at reactor sites in casks with the 
approved modifications under a general license. Specifically, Renewed 
Amendment No. 17 revises the certificate of compliance technical 
specifications to (1) add Heat Load Zoning Configurations 11-13 for the 
61BTH Type 2 dry shielded canister and (2) change the maximum assembly 
heat load from 1.2 kW to 1.7 kW. This amendment also includes minor 
clarifications to the certificate of compliance.

C. Environmental Impacts of the Action

    On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was analyzed 
in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Renewed Amendment No. 17 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.
    TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular 
Storage System is designed to mitigate the effects of design basis 
accidents that could occur during storage. Design basis accidents 
account for human-induced events and the most severe natural phenomena 
reported for the site and surrounding area. Postulated accidents 
analyzed for an independent spent fuel storage installation, the type 
of facility at which a holder of a power reactor operating license 
would store spent fuel in casks in accordance with 10 CFR part 72, can 
include tornado winds and tornado-generated missiles, a design basis 
earthquake, a design basis flood, an accidental cask drop, lightning 
effects, fire, explosions, and other incidents.
    The design of the cask would prevent loss of confinement, 
shielding, and criticality control in the event of each evaluated 
accident condition. If there is no loss of confinement, shielding, or 
criticality control, the environmental impacts resulting from an 
accident

[[Page 15566]]

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. 17 would remain well within the 10 CFR part 20 limits. 
Therefore, the proposed changes will not result in any radiological or 
non-radiological environmental impacts that significantly differ from 
the environmental impacts evaluated in the environmental assessment 
supporting the July 18, 1990, final rule. There will be no significant 
change in the types or significant revisions in the amounts of any 
effluent released, no significant increase in the individual or 
cumulative radiation exposures, and no significant increase in the 
potential for, or consequences from, radiological accidents. The NRC 
documented its safety findings in the preliminary safety evaluation 
report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Renewed 
Amendment No. 17 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] Horizontal Modular 
Storage System in accordance with the changes described in proposed 
Renewed Amendment No. 17 would have to request an exemption from the 
requirements of Sec. Sec.  72.212 and 72.214. Under this alternative, 
interested licensees would have to prepare, and the NRC would have to 
review, a separate exemption request, thereby increasing the 
administrative burden upon the NRC and the costs to each licensee. The 
environmental impacts would be the same as the proposed action.

E. Alternative Use of Resources

    Approval of Renewed Amendment No. 17 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] Horizontal Modular Storage System, 
Certificate of Compliance No. 1004, Renewed Amendment No. 17'' 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 (1) notifies the NRC in advance, (2) the spent fuel 
is stored under the conditions specified in the cask's certificate of 
compliance, and (3) 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] 
Horizontal Modular Storage System design by adding it to the list of 
NRC-approved cask designs in Sec.  72.214.
    On June 11, 2020, and as supplemented on September 11, 2020, TN 
Americas LLC submitted a request to amend the TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage 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. 17 and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into the TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System under the 
changes described in Renewed Amendment No. 17 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; 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. 
1004 for the TN Americas LLC Standardized NUHOMS[supreg] Horizontal 
Modular Storage System, as currently listed in Sec.  72.214. The 
revision consists of the changes in Renewed Amendment No. 17 previously 
described, as set forth in the revised certificate of compliance and 
technical specifications.
    Renewed Amendment No. 17 to Certificate of Compliance No. 1004 for

[[Page 15567]]

the TN Americas LLC, Standardized NUHOMS[supreg] Horizontal Modular 
Storage 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. 17 applies only to new casks fabricated and used 
under Renewed Amendment No. 17. These changes do not affect existing 
users of the TN Americas LLC, Standardized NUHOMS Horizontal Modular 
Storage System, and the current Renewed Amendment No. 16 continues to 
be effective for existing users. While current users of this storage 
system may comply with the new requirements in Renewed Amendment No. 
17, this would be a voluntary decision on the part of current users.
    For these reasons, Renewed Amendment No. 17 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./
                    Document                         Federal Register
                                                         Citation
------------------------------------------------------------------------
TN Americas LLC, Submittal of Application for     ML20174A089 (package).
 Amendment 17 to Standardized NUHOMS[supreg]
 Certificate of Compliance No. 1004 for Spent
 Fuel Storage Casks, Revision 0.
TN America, LLC--Response to Request for          ML20255A206 (package).
 Additional Information--Application for
 Amendment 17 to Standardized NUHOMS[supreg]
 Certificate of Compliance No. 1004 for Spent
 Fuel Storage Casks, Revision 1 (Docket No. 72-
 1004. CAC No. 001028, EPID: L-2020-LLA-0128).
User Need Memo for Rulemaking for the             ML20308A485 (package).
 Standardized NUHOMS[supreg] System, Certificate
 of Compliance No. 1004, Renewed Amendment No.
 17.
------------------------------------------------------------------------

    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-2020-0274. 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-2020-0274); (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, 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 No. 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 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

[[Page 15568]]

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.
    Renewed Amendment Number 16 Effective Date: September 14, 2020.
    Renewed Amendment Number 17 Effective Date: June 7, 2021.
    SAR Submitted by: TN Americas LLC.
    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: March 9, 2021.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-06076 Filed 3-23-21; 8:45 am]
BILLING CODE 7590-01-P
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