List of Approved Spent Fuel Storage Casks: TN Americas LLC NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, Amendment No. 2, 44262-44267 [2021-17227]
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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations
salable dried prunes is established for
California dried prunes.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2021–17267 Filed 8–11–21; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 52
[NRC–2017–0090]
RIN 3150–AK04
Advanced Boiling Water Reactor
(ABWR) Design Certification Renewal
Nuclear Regulatory
Commission.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is confirming the
effective date of September 29, 2021, for
the direct final rule that was published
in the Federal Register on July 1, 2021.
This direct final rule amended NRC’s
regulations to certify the U.S. Advanced
Boiling Water Reactor standard design
so that applicants intending to construct
and operate an U.S. Advanced Boiling
Water Reactor standard design may do
so by referencing the design certification
rule.
DATES: Effective date: The effective date
of September 29, 2021, for the direct
final rule published July 1, 2021 (86 FR
34905), is confirmed.
ADDRESSES: Please refer to Docket ID
NRC–2017–0090 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–2017–0090. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3463;
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• 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
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SUMMARY:
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the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
pdr.resource@nrc.gov.
• Attention: The 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.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room P1–B35, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Dennis Andrukat, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–3561, email:
Dennis.Andrukat@nrc.gov or James
Shea, Office of Nuclear Reactor
Regulation, telephone: 301–415–1388,
email: James.Shea@nrc.gov. Both are
staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
On July 1,
2021 (86 FR 34905), the NRC published
a direct final rule amending its
regulations in part 52 of title 10 of the
Code of Federal Regulations, ‘‘Domestic
licensing of production and utilization
facilities,’’ to renew the design
certification for the U.S. Advanced
Boiling Water Reactor (U.S. ABWR)
standard design so that future
applicants intending to construct and
operate the renewed U.S. ABWR design
may do so by referencing the design
certification rule. In the direct final rule,
the NRC stated that if no significant
adverse comments were received, the
direct final rule would become effective
on September 29, 2021. The NRC did
not receive any comments on the direct
final rule. Therefore, this direct final
rule will become effective as scheduled.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
This 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
(OMB), control number 3150–0151. The
effective date of the information
collection associated with this final rule
is September 29, 2021.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
document requesting or requiring the
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collection displays a currently valid
OMB control number.
Dated August 6, 2021.
For the Nuclear Regulatory Commission.
Richard F. Schofer,
Acting Chief, Regulatory Analysis and
Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial
Support, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2021–17115 Filed 8–11–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2021–0124]
RIN 3150–AK66
List of Approved Spent Fuel Storage
Casks: TN Americas LLC NUHOMS®
EOS Dry Spent Fuel Storage System,
Certificate of Compliance No. 1042,
Amendment No. 2
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,
NUHOMS® EOS Dry Spent Fuel Storage
System listing within the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment No. 2 to Certificate
of Compliance No. 1042. Amendment
No. 2 revises the certificate of
compliance to add a dry shielded
canister for storage, add new heat load
zone configurations, and make other
changes to the storage system.
Amendment No. 2 also changes the
certificate of compliance, technical
specifications, and updated final safety
analysis report for consistency and
clarity.
DATES: This direct final rule is effective
October 26, 2021 unless significant
adverse comments are received by
September 13, 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.
SUMMARY:
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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations
Submit your comments,
identified by Docket ID NRC–2021–
0124, at https://www.regulations.gov. If
your material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Christian J. Jacobs, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6825; email:
Christian.Jacobs@nrc.gov or Andrew G.
Carrera, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–1078; email: Andrew.Carrera@
nrc.gov. Both are staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents:
I. Obtaining Information and Submitting
Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding
of No Significant Impact
IX. 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
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A. Obtaining Information
Please refer to Docket ID NRC–2021–
0124 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–2021–0124. 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.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
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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 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
Please include Docket ID NRC–2021–
0124 in your comment submission. The
NRC requests that you submit comments
through the Federal rulemaking website
at https://www.regulations.gov. If your
material cannot be submitted using
https://www.regulations.gov, call or
email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document for alternate instructions.
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. 2 to
Certificate of Compliance No. 1042 and
does not include other aspects of the TN
Americas LLC NUHOMS® EOS Dry
Spent Fuel Storage System cask 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
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non-controversial. The NRC has
determined that, with the requested
changes, adequate protection of public
health and safety will continue to be
reasonably assured. The amendment to
the rule will become effective on
October 26, 2021. However, if the NRC
receives any significant adverse
comment on this direct final rule by
September 13, 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
(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
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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 March 24, 2017 (82 FR
14987), as corrected (82 FR 34387; July
25, 2017), that approved the TN
Americas LLC NUHOMS® EOS Dry
Spent Fuel Storage System design and
added it to the list of NRC-approved
cask designs in § 72.214, ‘‘List of
approved spent fuel storage casks,’’ as
Certificate of Compliance No. 1042.
IV. Discussion of Changes
On April 18, 2019, as supplemented
on August 5, 2019; October 2, 2019;
October 29, 2019; June 30, 2020;
October 29, 2020; and January 27, 2021,
TN Americas LLC submitted a request to
amend Certificate of Compliance No.
1042 for the NUHOMS® EOS Dry Spent
Fuel Storage System. Amendment No. 2
revises the certificate of compliance as
follows:
• Adds the 61BTH Type 2 dry
shielded canister transferred in the
OS197 Transfer Cask for storage in the
NUHOMS® MATRIX (HSM–MX) design
approved in Amendment 1 to certificate
of compliance No. 1042;
• for the EOS–37PTH dry shielded
canister, adds two new heat load zone
configurations for the EOS–37PTH for
higher heat load assemblies, up to 3.5
kW/assembly, that also allow for
damaged and failed fuel storage;
• for the EOS–37PTH dry shielded
canister, adds basket type 4H,
previously introduced in certificate of
compliance No. 1042, Amendment 1, for
new heat load zone configurations 1, 4,
5, 6, 8, and 9;
• for the EOS–TC108 Transfer Cask
System with the EOS–37PTH dry
shielded canister, adds new heat load
zone configurations 4 through 9 for the
4H basket and reduce the minimum
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cooling times to 2 years (new heat load
zone configurations 2 through 9);
• for the EOS–37PTH dry shielded
canister, increases the control
component source terms to better
address potential control component
sources from various shutdown plants;
and
• revises certain certificate of
compliance and technical specification
items for consistency and clarity.
This amendment also revises the
certificate of compliance as follows:
• Adds a description of methodology
on Cobalt-60 equivalence to Section
6.2.4 of the updated final safety analysis
report (UFSAR), Control Components, to
clarify methodology for Control
Components;
• adds a description to UFSAR
Section 1.2.1.1 for EOS–37PTH and
Section 1.2.1.2 for EOS–89BTH to
clarify the option of using a shield plug
integrated with the inner top cover
plate;
• updates UFSAR Section 2.4.3 to
clarify the methodology to reduce the
maximum allowable heat load based on
the fuel assembly type; and
• replaces the phrase ‘‘28 days’’ with
‘‘which may be tested up to 56 days’’ in
paragraph 4.4.4 of the technical
specification to clarify whether concrete
testing is required based on horizontal
storage module component
temperatures.
As documented in the preliminary
safety evaluation report, the NRC
performed a safety review 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 Amendment No. 2
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 NUHOMS®
EOS Dry Spent Fuel Storage System
cask design, when used under the
conditions specified in the certificate of
compliance, the technical
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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 NUHOMS® EOS Dry
Spent Fuel Storage System casks that
meet the criteria of Amendment No. 2
to Certificate of Compliance No. 1402.
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
NUHOMS® EOS Dry Spent Fuel Storage
System cask 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 ‘‘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 wrote
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).
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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 NUHOMS®
EOS Dry Spent Fuel Storage System
listing within the ‘‘List of approved
spent fuel storage casks’’ to include
Amendment No. 2 to Certificate of
Compliance No. 1042.
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B. The Need for the Action
This direct final rule amends the
certificate of compliance for the TN
Americas LLC NUHOMS® EOS Dry
Spent Fuel Storage System within the
list of approved spent fuel storage casks
to allow power reactor licensees to store
spent fuel at reactor sites in casks with
the approved modifications under a
general license. Specifically,
Amendment No. 2 revises the certificate
of compliance as described in Section
IV, ‘‘Discussion of Changes,’’ of this
document, for the use of the TN
Americas LLC NUHOMS® EOS Dry
Spent Fuel Storage 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
analyzed in the environmental
assessment for the 1990 final rule. The
environmental assessment for this
Amendment No. 2 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 NUHOMS®
EOS Dry Spent Fuel 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
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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 tornadogenerated missiles, a design basis
earthquake, a design basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
This amendment does not reflect a
significant change in design or
fabrication of the cask. Because there are
no significant design or process
changes, any resulting occupational
exposure or offsite dose rates from the
implementation of Amendment No. 2
would remain well within the 10 CFR
part 20 limits. The NRC has also
determined that the design of the cask
as modified by this rule would still
maintain confinement, shielding, and
criticality control in the event of an
accident. Therefore, the proposed
changes will not result in any
radiological or non-radiological
environmental impacts that significantly
differ from the environmental impacts
evaluated in the environmental
assessment supporting the July 18, 1990,
final rule. There will be no significant
change in the types or 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
E. Alternative Use of Resources
Approval of Amendment No. 2 to
Certificate of Compliance No. 1042
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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, ‘‘List of Approved Spent Fuel
Storage Casks: TN Americas LLC
NUHOMS® EOS Dry Spent Fuel Storage
System, Certificate of Compliance No.
1042, Amendment No. 2,’’ 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 alternative to this action is to
deny approval of Amendment No. 2 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
NUHOMS® EOS Dry Spent Fuel Storage
System in accordance with the changes
described in proposed Amendment No.
2 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.
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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).
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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) and the conditions
of the general license are met. A list of
NRC-approved cask designs is contained
in § 72.214. On March 24, 2017 (82 FR
14987), as corrected (82 FR 34387; July
25, 2017), the NRC issued an
amendment to 10 CFR part 72 that
approved the TN Americas LLC
NUHOMS® EOS Dry Spent Fuel Storage
System design by adding it to the list of
NRC-approved cask designs in § 72.214.
On April 18, 2019, as supplemented
on August 5, 2019; October 2, 2019;
October 29, 2019; June 30, 2020;
October 29, 2020; and January 27, 2021,
TN Americas LLC submitted a request to
amend the TN Americas LLC
NUHOMS® EOS Dry Spent Fuel Storage
System as described in Section IV,
‘‘Discussion of Changes,’’ of this
document.
The alternative to this action is to
withhold approval of Amendment No. 2
and to require any 10 CFR part 72
general licensee seeking to load spent
nuclear fuel into TN Americas LLC
NUHOMS® EOS Dry Spent Fuel Storage
System under the changes described in
Amendment No. 2 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.
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. 1042 for the TN Americas LLC
NUHOMS® EOS Dry Spent Fuel Storage
System, as currently listed in § 72.214.
The revision consists of the changes in
Amendment No. 2 previously described,
as set forth in the revised certificate of
compliance and technical
specifications.
Amendment No. 2 to Certificate of
Compliance No. 1042 for the TN
Americas LLC NUHOMS® EOS Dry
Spent Fuel Storage 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. 2 applies
only to new casks fabricated and used
under Amendment No. 2. These changes
do not affect existing users of the TN
Americas LLC NUHOMS® EOS Dry
Spent Fuel Storage System, and the
current Amendment No. 1 continues to
be effective for existing users. While
current users of this storage system may
comply with the new requirements in
Amendment No. 2, this would be a
voluntary decision on the part of current
users.
For these reasons, Amendment No. 2
to Certificate of Compliance No. 1042
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, as indicated.
ADAMS Accession No./
Federal Register Citation
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Document
Direct Final Rule, 10 CFR part 72, ‘‘List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS®
EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042; [NRC–2016–0254] RIN 3150–AJ88,
March 24, 2017.
Correcting Amendment, 10 CFR part 72, ‘‘List of Approved Spent Fuel Storage Casks: TN Americas LLC,
NUHOMS® EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042; [NRC–2016–0254] RIN
3150–AJ88, July 25, 2017.
Initial Application from TN Americas LLC for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS
EOS Dry Spent Fuel Storage System Certificate of Compliance No. 1042, April 18, 2019.
Submittal of Acceptance Review of TN Americas LLC Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 1, Response to Request for Supplemental Information, August
5, 2019.
Acceptance Review of TN Americas LLC Application for Certificate of Compliance No. 1042, Amendment No. 2, to
NUHOMS EOS System, Revision 2, Supplemental Information, October 2, 2019.
Acceptance Review of TN Americas LLC Application for Certificate of Compliance No. 1042, Amendment No. 2, to
NUHOMS EOS System, Revision 3—Supplemental Information, October 29, 2019.
TN Americas LLC, Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 5, June 30, 2020.
Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 6, Revised Responses to Request for Additional Information, October 29, 2020.
TN America, LLC—Application for Certificate of Compliance No. 1042 Amendment No. 2 to NUHOMS EOS System,
Revision 7—Revised Response to Request for Additional Information, January 27, 2021.
User Need Memorandum Package to T. Martinez Navedo from J. McKirgan with Proposed Certificate of Compliance No. 1042, Amendment No. 2; Associated Proposed Technical Specifications; and the Preliminary Safety
Evaluation Report, June 7, 2021.
VerDate Sep<11>2014
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82 FR 14987.
82 FR 34387.
ML19114A227 (package).
ML19225C845.
ML19282A518.
ML19311C551.
ML20190A135.
ML20315A417.
ML21027A324.
ML21125A103 (package).
Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations
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–2021–0124.
Dated: August 4, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
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:
BILLING CODE 7590–01–P
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, revise Certificate of
Compliance No. 1042 to read as follows:
■
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*
*
*
*
Certificate Number: 1042.
Initial Certificate Effective Date: June
7, 2017
Amendment Number 1 Effective Date:
June 17, 2020.
Amendment Number 2 Effective Date:
October 26, 2021.
SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis
Report for the NUHOMS® EOS Dry
Spent Fuel Storage System.
Docket Number: 72–1042.
Certificate Expiration Date: June 7,
2037.
Model Number: EOS–37PTH, EOS–
89BTH, 61BTH Type 2.
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BUREAU OF CONSUMER FINANCIAL
PROTECTION
12 CFR Part 1026
Truth in Lending (Regulation Z);
Impact of the 2021 Juneteenth Holiday
on Certain Closed-End Mortgage
Requirements
Bureau of Consumer Financial
Protection.
ACTION: Interpretive rule.
AGENCY:
The Bureau of Consumer
Financial Protection (Bureau) is issuing
this interpretive rule to provide
guidance on certain Regulation Z timing
requirements related to rescission of
closed-end mortgages and the TILA–
RESPA Integrated Disclosures (TRID).
These timing requirements are based on
a definition of ‘‘business day’’ that
excludes days that are designated as
legal public holidays under Federal law.
The interpretive rule explains these
timing requirements in light of recent
legislation that designated ‘‘Juneteenth
National Independence Day, June 19’’
(Juneteenth) as a Federal legal public
holiday. It clarifies that, if the relevant
closed-end rescission or TRID time
period began on or before June 17, 2021,
then June 19, 2021, was considered a
business day, but nothing prohibits
creditors from providing longer time
periods. Therefore, it would also be
compliant for creditors to have
considered June 19, 2021, a Federal
holiday for purposes of these
provisions.
SUMMARY:
This interpretive rule is effective
on August 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Pedro De Oliveira, Lanique Eubanks,
Jaclyn Maier, or Priscilla Walton-Fein,
Senior Counsels, Office of Regulations,
at 202–435–7700. If you require this
document in an alternative electronic
format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION:
DATES:
§ 72.214 List of approved spent fuel
storage casks.
*
[FR Doc. 2021–17227 Filed 8–11–21; 8:45 am]
I. Background
On June 17, 2021, the President
signed legislation that amended 5 U.S.C.
6103(a) to add ‘‘Juneteenth National
Independence Day, June 19’’
(Juneteenth) to the list of Federal legal
PO 00000
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Fmt 4700
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44267
public holidays (Federal holidays).1
Various regulatory provisions crossreference or otherwise refer to the
Federal holidays listed in 5 U.S.C.
6103(a), including the Regulation Z
definition of ‘‘business day.’’ In
Regulation Z, ‘‘business day’’ is defined
in § 1026.2(a)(6) generally to mean ‘‘a
day on which the creditor’s offices are
open to the public for carrying on
substantially all of its business
functions.’’ However, for purposes of
certain specified Regulation Z
provisions, § 1026.2(a)(6) defines
business day to mean: ‘‘[A]ll calendar
days except Sundays and the legal
public holidays specified in 5 U.S.C.
6103(a), such as New Year’s Day, the
Birthday of Martin Luther King, Jr.,
Washington’s Birthday, Memorial Day,
Independence Day, Labor Day,
Columbus Day, Veterans Day,
Thanksgiving Day, and Christmas
Day.’’ 2 This is referred to herein as the
‘‘specific business day’’ definition.
The legislation that made Juneteenth
a Federal holiday took effect
immediately.3 Therefore, June 19
became a Federal holiday on June 17,
2021. By virtue of the cross-reference to
5 U.S.C. 6103(a) in § 1026.2(a)(6), the
days that are considered Federal
holidays under the specific business day
definition in Regulation Z also changed
on June 17, 2021. The Bureau
understands that this presented
interpretive questions and compliance
challenges for the mortgage industry
because the Juneteenth holiday occurred
only two days after the date of the law
change. Based on industry inquiries and
outreach to the Bureau following the
June 17, 2021, amendment to 5 U.S.C.
6103(a), the Bureau understands these
issues were particularly acute for
transactions that either (1) closed on or
before June 17, 2021, but for which
consumers’ rescission periods had not
yet expired or (2) were close to the
1 Juneteenth National Independence Day Act,
Public Law 117–17, 135 Stat. 287 (2021).
2 Comment 2(a)(6)–2 further provides that four
Federal holidays are identified in 5 U.S.C. 6103(a)
by a specific date: New Year’s Day, January 1;
Independence Day, July 4; Veterans Day, November
11; and Christmas Day, December 25. The comment
states that when one of these holidays falls on a
Saturday, Federal offices and other entities might
observe the holiday on the preceding Friday but,
nonetheless, the observed holiday is a business day
for purposes of the specific business day definition.
Like the four Federal holidays listed in comment
2(a)(6)–2, Juneteenth is identified in 5 U.S.C.
6103(a) by a specific date. For 2021, Federal offices
observed the Juneteenth holiday on Friday, June 18,
2021. For purposes of the specific business day
definition, June 18, 2021, was a business day.
3 The law took effect when it was signed by the
President on June 17, 2021. See, e.g., United States
v. Casson, 434 F.2d 415 (D.C. Cir. 1970) (indicating
that a law that is effective on enactment goes into
effect at the exact time that the President signs it).
E:\FR\FM\12AUR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Rules and Regulations]
[Pages 44262-44267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17227]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2021-0124]
RIN 3150-AK66
List of Approved Spent Fuel Storage Casks: TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of
Compliance No. 1042, Amendment No. 2
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,
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
2 to Certificate of Compliance No. 1042. Amendment No. 2 revises the
certificate of compliance to add a dry shielded canister for storage,
add new heat load zone configurations, and make other changes to the
storage system. Amendment No. 2 also changes the certificate of
compliance, technical specifications, and updated final safety analysis
report for consistency and clarity.
DATES: This direct final rule is effective October 26, 2021 unless
significant adverse comments are received by September 13, 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.
[[Page 44263]]
ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0124,
at https://www.regulations.gov. If your material cannot be submitted
using https://www.regulations.gov, call or email the individuals listed
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Christian J. Jacobs, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-6825; email:
[email protected] or Andrew G. Carrera, Office of Nuclear
Material Safety and Safeguards; telephone: 301-415-1078; email:
[email protected]. Both are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents:
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant 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-2021-0124 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-2021-0124. 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.
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 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
Please include Docket ID NRC-2021-0124 in your comment submission.
The NRC requests that you submit comments through the Federal
rulemaking website at https://www.regulations.gov. If your material
cannot be submitted using https://www.regulations.gov, call or email
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document for alternate instructions.
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. 2 to
Certificate of Compliance No. 1042 and does not include other aspects
of the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System
cask 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 will continue to be
reasonably assured. The amendment to the rule will become effective on
October 26, 2021. However, if the NRC receives any significant adverse
comment on this direct final rule by September 13, 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
[[Page 44264]]
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
March 24, 2017 (82 FR 14987), as corrected (82 FR 34387; July 25,
2017), that approved the TN Americas LLC NUHOMS[supreg] EOS Dry Spent
Fuel Storage System design and added it to the list of NRC-approved
cask designs in Sec. 72.214, ``List of approved spent fuel storage
casks,'' as Certificate of Compliance No. 1042.
IV. Discussion of Changes
On April 18, 2019, as supplemented on August 5, 2019; October 2,
2019; October 29, 2019; June 30, 2020; October 29, 2020; and January
27, 2021, TN Americas LLC submitted a request to amend Certificate of
Compliance No. 1042 for the NUHOMS[supreg] EOS Dry Spent Fuel Storage
System. Amendment No. 2 revises the certificate of compliance as
follows:
Adds the 61BTH Type 2 dry shielded canister transferred in
the OS197 Transfer Cask for storage in the NUHOMS[supreg] MATRIX (HSM-
MX) design approved in Amendment 1 to certificate of compliance No.
1042;
for the EOS-37PTH dry shielded canister, adds two new heat
load zone configurations for the EOS-37PTH for higher heat load
assemblies, up to 3.5 kW/assembly, that also allow for damaged and
failed fuel storage;
for the EOS-37PTH dry shielded canister, adds basket type
4H, previously introduced in certificate of compliance No. 1042,
Amendment 1, for new heat load zone configurations 1, 4, 5, 6, 8, and
9;
for the EOS-TC108 Transfer Cask System with the EOS-37PTH
dry shielded canister, adds new heat load zone configurations 4 through
9 for the 4H basket and reduce the minimum cooling times to 2 years
(new heat load zone configurations 2 through 9);
for the EOS-37PTH dry shielded canister, increases the
control component source terms to better address potential control
component sources from various shutdown plants; and
revises certain certificate of compliance and technical
specification items for consistency and clarity.
This amendment also revises the certificate of compliance as
follows:
Adds a description of methodology on Cobalt-60 equivalence
to Section 6.2.4 of the updated final safety analysis report (UFSAR),
Control Components, to clarify methodology for Control Components;
adds a description to UFSAR Section 1.2.1.1 for EOS-37PTH
and Section 1.2.1.2 for EOS-89BTH to clarify the option of using a
shield plug integrated with the inner top cover plate;
updates UFSAR Section 2.4.3 to clarify the methodology to
reduce the maximum allowable heat load based on the fuel assembly type;
and
replaces the phrase ``28 days'' with ``which may be tested
up to 56 days'' in paragraph 4.4.4 of the technical specification to
clarify whether concrete testing is required based on horizontal
storage module component temperatures.
As documented in the preliminary safety evaluation report, the NRC
performed a safety review 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 Amendment No. 2 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
NUHOMS[supreg] EOS Dry Spent Fuel 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
NUHOMS[supreg] EOS Dry Spent Fuel Storage System casks that meet the
criteria of Amendment No. 2 to Certificate of Compliance No. 1402.
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 NUHOMS[supreg] EOS Dry Spent Fuel Storage System cask
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 ``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 wrote 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).
[[Page 44265]]
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
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the
``List of approved spent fuel storage casks'' to include Amendment No.
2 to Certificate of Compliance No. 1042.
B. The Need for the Action
This direct final rule amends the certificate of compliance for the
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System within
the list of approved spent fuel storage casks to allow power reactor
licensees to store spent fuel at reactor sites in casks with the
approved modifications under a general license. Specifically, Amendment
No. 2 revises the certificate of compliance as described in Section IV,
``Discussion of Changes,'' of this document, for the use of the TN
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 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 analyzed
in the environmental assessment for the 1990 final rule. The
environmental assessment for this Amendment No. 2 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 NUHOMS[supreg] EOS Dry Spent Fuel 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.
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. 2 would remain well
within the 10 CFR part 20 limits. The NRC has also determined that the
design of the cask as modified by this rule would still maintain
confinement, shielding, and criticality control in the event of an
accident. Therefore, the proposed changes will not result in any
radiological or non-radiological environmental impacts that
significantly differ from the environmental impacts evaluated in the
environmental assessment supporting the July 18, 1990, final rule.
There will be no significant change in the types or 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 Amendment No.
2 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 NUHOMS[supreg] EOS Dry Spent Fuel Storage System in
accordance with the changes described in proposed Amendment No. 2 would
have to request an exemption from the requirements of Sec. Sec. 72.212
and 72.214. Under this alternative, interested licensees would have to
prepare, and the NRC would have to review, a separate exemption
request, thereby increasing the administrative burden upon the NRC and
the costs to each licensee. The environmental impacts would be the same
as the proposed action.
E. Alternative Use of Resources
Approval of Amendment No. 2 to Certificate of Compliance No. 1042
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, ``List of
Approved Spent Fuel Storage Casks: TN Americas LLC NUHOMS[supreg] EOS
Dry Spent Fuel Storage System, Certificate of Compliance No. 1042,
Amendment No. 2,'' 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).
[[Page 44266]]
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) and the conditions of the general license are met.
A list of NRC-approved cask designs is contained in Sec. 72.214. On
March 24, 2017 (82 FR 14987), as corrected (82 FR 34387; July 25,
2017), the NRC issued an amendment to 10 CFR part 72 that approved the
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System design
by adding it to the list of NRC-approved cask designs in Sec. 72.214.
On April 18, 2019, as supplemented on August 5, 2019; October 2,
2019; October 29, 2019; June 30, 2020; October 29, 2020; and January
27, 2021, TN Americas LLC submitted a request to amend the TN Americas
LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System as described in
Section IV, ``Discussion of Changes,'' of this document.
The alternative to this action is to withhold approval of Amendment
No. 2 and to require any 10 CFR part 72 general licensee seeking to
load spent nuclear fuel into TN Americas LLC NUHOMS[supreg] EOS Dry
Spent Fuel Storage System under the changes described in Amendment No.
2 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.
1042 for the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage
System, as currently listed in Sec. 72.214. The revision consists of
the changes in Amendment No. 2 previously described, as set forth in
the revised certificate of compliance and technical specifications.
Amendment No. 2 to Certificate of Compliance No. 1042 for the TN
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 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. 2
applies only to new casks fabricated and used under Amendment No. 2.
These changes do not affect existing users of the TN Americas LLC
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and the current
Amendment No. 1 continues to be effective for existing users. While
current users of this storage system may comply with the new
requirements in Amendment No. 2, this would be a voluntary decision on
the part of current users.
For these reasons, Amendment No. 2 to Certificate of Compliance No.
1042 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, as indicated.
------------------------------------------------------------------------
ADAMS Accession No./ Federal Register
Document Citation
------------------------------------------------------------------------
Direct Final Rule, 10 CFR part 82 FR 14987.
72, ``List of Approved Spent
Fuel Storage Casks: TN Americas
LLC, NUHOMS[supreg] EOS Dry
Spent Fuel Storage System,
Certificate of Compliance No.
1042; [NRC-2016-0254] RIN 3150-
AJ88, March 24, 2017.
Correcting Amendment, 10 CFR part 82 FR 34387.
72, ``List of Approved Spent
Fuel Storage Casks: TN Americas
LLC, NUHOMS[supreg] EOS Dry
Spent Fuel Storage System,
Certificate of Compliance No.
1042; [NRC-2016-0254] RIN 3150-
AJ88, July 25, 2017.
Initial Application from TN ML19114A227 (package).
Americas LLC for Certificate of
Compliance No. 1042, Amendment
No. 2, to NUHOMS EOS Dry Spent
Fuel Storage System Certificate
of Compliance No. 1042, April
18, 2019.
Submittal of Acceptance Review of ML19225C845.
TN Americas LLC Application for
Certificate of Compliance No.
1042, Amendment No. 2, to NUHOMS
EOS System, Revision 1, Response
to Request for Supplemental
Information, August 5, 2019.
Acceptance Review of TN Americas ML19282A518.
LLC Application for Certificate
of Compliance No. 1042,
Amendment No. 2, to NUHOMS EOS
System, Revision 2, Supplemental
Information, October 2, 2019.
Acceptance Review of TN Americas ML19311C551.
LLC Application for Certificate
of Compliance No. 1042,
Amendment No. 2, to NUHOMS EOS
System, Revision 3--Supplemental
Information, October 29, 2019.
TN Americas LLC, Application for ML20190A135.
Certificate of Compliance No.
1042, Amendment No. 2, to NUHOMS
EOS System, Revision 5, June 30,
2020.
Application for Certificate of ML20315A417.
Compliance No. 1042, Amendment
No. 2, to NUHOMS EOS System,
Revision 6, Revised Responses to
Request for Additional
Information, October 29, 2020.
TN America, LLC--Application for ML21027A324.
Certificate of Compliance No.
1042 Amendment No. 2 to NUHOMS
EOS System, Revision 7--Revised
Response to Request for
Additional Information, January
27, 2021.
User Need Memorandum Package to ML21125A103 (package).
T. Martinez Navedo from J.
McKirgan with Proposed
Certificate of Compliance No.
1042, Amendment No. 2;
Associated Proposed Technical
Specifications; and the
Preliminary Safety Evaluation
Report, June 7, 2021.
------------------------------------------------------------------------
[[Page 44267]]
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-2021-0124.
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, revise Certificate of Compliance No. 1042 to read
as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1042.
Initial Certificate Effective Date: June 7, 2017
Amendment Number 1 Effective Date: June 17, 2020.
Amendment Number 2 Effective Date: October 26, 2021.
SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS
Dry Spent Fuel Storage System.
Docket Number: 72-1042.
Certificate Expiration Date: June 7, 2037.
Model Number: EOS-37PTH, EOS-89BTH, 61BTH Type 2.
Dated: August 4, 2021.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-17227 Filed 8-11-21; 8:45 am]
BILLING CODE 7590-01-P
