List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, Renewal of Initial Certificate and Amendment No. 1, 69978-69984 [2021-26628]
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of witnesses, and potential witnesses, and
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Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of
Homeland Security.
[FR Doc. 2021–26618 Filed 12–8–21; 8:45 am]
BILLING CODE 9112–AS–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2021–0161]
RIN 3150–AK69
List of Approved Spent Fuel Storage
Casks: TN Americas LLC, TN–68 Dry
Storage Cask, Certificate of
Compliance No. 1027, Renewal of
Initial Certificate and Amendment No. 1
Nuclear Regulatory
Commission.
ACTION: Direct final rule.
AGENCY:
Table of Contents
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
spent fuel storage regulations by
revising the TN Americas LLC, TN–68
Dry Storage Cask listing within the ‘‘List
of approved spent fuel storage casks’’ to
renew, for an additional 40 years, the
initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027.
The renewal of the initial certificate and
Amendment No. 1 revises the certificate
of compliance’s conditions and
technical specifications to address aging
management activities related to the
structures, systems, and components
(SSCs) of the dry storage system to
ensure that the SSCs will maintain their
intended functions during the period of
extended storage operations.
DATES: This direct final rule is effective
February 22, 2022, unless significant
adverse comments are received by
January 10, 2022. 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is withdrawn as a result of such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:
Submit your comments,
identified by Docket ID NRC–2021–
0161, at https://www.regulations.gov. If
your material cannot be submitted using
ADDRESSES:
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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 Jacobs, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–6825, email:
Christian.Jacobs@nrc.gov and Solomon
Sahle, Office of Nuclear Material Safety
and Safeguards, telephone: 301–415–
3781, email: Solomon.Sahle@nrc.gov.
Both are staff of the U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
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–
0161 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–2021–0161. 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 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
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the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. For the convenience of the
reader, instructions about obtaining
materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s Public
Document Room (PDR), Room P1 B35,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852. To
make an appointment to visit the PDR,
please send an email to PDR.Resource@
nrc.gov or call 1–800–397–4209 or 301–
415–4737, between 8:00 a.m. and 4:00
p.m. (ET), Monday through Friday,
except Federal holidays.
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B. Submitting Comments
Please include Docket ID NRC–2021–
0161 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 renewal of
the initial certificate and Amendment
No. 1 of Certificate of Compliance No.
1027 and does not include other aspects
of the TN Americas LLC, TN–68 Dry
Storage Cask system design. The NRC is
using the ‘‘direct final rule procedure’’
to issue this renewal because it
represents a limited and routine change
to an existing certificate of compliance
that is expected to be non-controversial.
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Adequate protection of public health
and safety continues to be reasonably
assured. The amendment to the rule will
become effective on February 22, 2022.
However, if the NRC receives any
significant adverse comments on this
direct final rule by January 10, 2022,
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
for additional site-specific approvals by
the Commission.’’ Section 133 of the
Nuclear Waste Policy Act states, in part,
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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 April 28, 2000 (65 FR
24855), that approved the TN–68 Dry
Storage Cask system design and added
it to the list of NRC-approved cask
designs in § 72.214 as Certificate of
Compliance No. 1027. The NRC issued
a direct final rule on August 16, 2007
(72 FR 45880), that approved
Amendment No. 1 to Certificate of
Compliance No. 1027 for the TN–68 Dry
Storage Cask system design and added
it to the list of NRC approved cask
designs in § 72.214.
IV. Discussion of Changes
On April 9, 2020, TN Americas LLC
submitted a request to the NRC to
renew, for an additional 40 years, the
initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027
for the TN–68 Dry Storage Cask system.
TN Americas LLC supplemented its
request on July 29, 2020; February 9,
2021; and March 24, 2021.
The renewal of the initial certificate
and Amendment No. 1 was conducted
in accordance with the renewal
provisions in § 72.240. This section of
the NRC spent fuel storage regulations
authorizes the NRC to include any
additional certificate conditions it
deems necessary to ensure the safe
operation of the cask during the
certificate’s renewal period. The NRC
included three additional conditions to
the renewal of the initial certificate of
compliance and Amendment No. 1:
• The submittal of an updated final
safety analysis report (UFSAR) to
address aging management activities
resulting from the renewal of the
certificate of compliance. This condition
ensures that the UFSAR changes are
made in a timely fashion to enable
general licensees using the storage
system during the period of extended
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operation to develop and implement
necessary procedures.
• The requirement that general
licensees initiating or using spent fuel
dry storage operations with the TN–68
Dry Storage Cask system ensure that
their evaluations are included in the
reports required by § 72.212,
‘‘Conditions of general license issued
under § 72.210.’’ These reports will
include appropriate considerations for
the period of extended operation, a
review of the UFSAR changes resulting
from the certificate of compliance
renewal, and a review of the NRC safety
evaluation report (SER) related to the
certificate of compliance renewal.
• The requirement that future
amendments and revisions to this
certificate of compliance include
evaluations of the impacts to aging
management activities to ensure that
they remain adequate for any changes to
the structures, systems, and components
(SSCs).
The NRC made one corresponding
change to the technical specifications
for the initial certificate of compliance
and Amendment No. 1. The change
added a new section, which ensures that
general licensees using the storage
system develop procedures to address
aging management activities required in
the period of extended operation.
As documented in the preliminary
SER, the NRC performed a safety
evaluation of the proposed certificate of
compliance renewal request. The NRC
determined that this renewal does not
change the cask design or fabrication
requirements in the proposed certificate
of compliance renewal request. 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 renewal of the
initial certificate of compliance and
Amendment No. 1 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. In its SER for the renewal of
the TN–68 Dry Storage Cask system, the
NRC staff has determined that if the
conditions specified in the certificate of
compliance to implement these
regulations are met, adequate protection
of public health and safety will continue
to be reasonably assured.
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This direct final rule revises the TN–
68 Dry Storage Cask listing in § 72.214
by renewing for 40 more years, the
initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027.
The renewal consists of the changes
previously described, as set forth in the
renewed initial certificate and
amendment and their revised technical
specifications. The revised technical
specifications are identified in the SER.
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, TN–
68 Dry Storage 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).
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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–68 Dry Storage Cask
listing within the ‘‘List of approved
spent fuel storage casks’’ to renew, for
an additional 40 years, the initial
certificate and Amendment No. 1 of
Certificate of Compliance No. 1027.
B. The Need for the Action
This direct final rule renews the
initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027
for the TN Americas LLC, TN–68 Dry
Storage Cask 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, this rule
extends the expiration date for the TN
Americas LLC, TN–68 Dry Storage Cask
certificate for an additional 40 years,
allowing a reactor licensee to continue
using it under general license provisions
in an independent spent fuel storage
installation to store spent fuel in dry
casks in accordance with 10 CFR part
72.
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
renewal of the initial certificate and
Amendment No. 1 of Certificate of
Compliance No. 1027 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. As required by § 72.240,
applications for renewal of a spent fuel
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storage certificate of compliance design
are required to demonstrate that SSCs
important to safety will continue to
perform their intended function for the
requested renewal term. As discussed in
the NRC’s SER for the renewal of the
initial certificate and Amendment No. 1,
the NRC has approved conditions in the
renewed initial certificate and
Amendment No. 1 requiring the general
licensee to implement the aging
management activities described in the
renewal application and incorporated
into the UFSAR. These conditions
ensure that the TN Americas LLC, TN–
68 Dry Storage Cask system will
continue to perform its intended safety
functions and provide reasonable
assurance of adequate protection of
public health and safety throughout the
renewal period.
Incremental impacts from continued
use of the TN–68 Dry Storage Cask
system under a general license for an
additional 40 years are not considered
significant. When the general licensee
follows all procedures and
administrative controls, including the
conditions established because of this
renewal, no effluents are expected from
the sealed dry cask systems. Activities
associated with cask loading and
decontamination may result in some
small incremental liquid and gaseous
effluents, but these activities will be
conducted under 10 CFR parts 50 and
52 reactor operating licenses, and
effluents will be controlled within
existing reactor site technical
specifications. Because reactor sites are
relatively large, any incremental offsite
doses due to direct radiation exposure
from the spent fuel storage casks are
expected to be small, and when
combined with the contribution from
reactor operations, well within the
annual dose equivalent of 0.25 mSv (25
mrem) limit to the whole body specified
in § 72.104. Incremental impacts on
collective occupational exposures due
to dry cask spent fuel storage are
expected to be only a small fraction of
the exposures from operation of the
nuclear power station.
The TN–68 Dry Storage Cask 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 tornadogenerated missiles, a design-basis
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earthquake, a design-basis flood, an
accidental cask drop, lightning effects,
fire, explosions, and other incidents.
During the promulgation of the
amendments that added subpart K to 10
CFR part 72 (55 FR 29181; July 18,
1990), the NRC staff assessed the public
health consequences of dry cask storage
accidents and sabotage events. In the
supporting analyses for these
amendments, the NRC determined that
a release from a dry cask storage system
would be comparable in magnitude to a
release from the same quantity of fuel in
a spent fuel storage pool. As a result of
these evaluations, the NRC determined
that, because of the physical
characteristics of the storage casks and
conditions of storage that include
specific security provisions, the
potential risk to public health and safety
due to accidents or sabotage is very
small.
Considering the specific design
requirements for each accident or
sabotage condition, the design of the
cask would maintain confinement,
shielding, and criticality control. If
confinement, shielding, or criticality
control are maintained, the
environmental impacts from an accident
would be insignificant.
There are no changes to cask design
or fabrication requirements in the
renewed initial certificate or
Amendment No. 1. Because there are no
significant design or process changes,
any resulting occupational exposure or
offsite dose rates from the
implementation of the renewal of the
initial certificate and Amendment No. 1
would remain well within the 10 CFR
part 20 limits.
Decommissioning of dry cask spent
fuel storage systems under a general
license would be carried out as part of
a power reactor’s site decommissioning
plan. In general, decommissioning
would consist of removing the spent
fuel from the site, decontaminating cask
surfaces, and decontaminating and
dismantling the independent spent fuel
storage installation where the casks
were deployed. Under normal and offnormal operating conditions, no
residual contamination is expected to be
left behind on supporting structures.
The incremental impacts associated
with decommissioning dry cask storage
installations are expected to represent a
small fraction of the impacts of
decommissioning an entire nuclear
power station.
In summary, the proposed changes
will not result in any radiological or
nonradiological environmental impacts
that significantly differ from the
environmental impacts evaluated in the
environmental assessment supporting
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the July 18, 1990, final rule. Compliance
with the requirements of 10 CFR parts
20 and 72 would provide reasonable
assurance that adequate protection of
public health and safety will continue.
The NRC, in its SER for the renewal of
the TN–68 Dry Storage Cask system, has
determined if the conditions specified
in the certificate of compliance to
implement these regulations are met,
adequate protection of public health and
safety will continue to be reasonably
assured.
Based on the previously stated
assessments and its SER for the
requested renewal of the TN–68 Dry
Storage Cask certificates, the NRC has
determined that the expiration date of
this system in 10 CFR 72.214 can be
safely extended for an additional 40
years, and that commercial nuclear
power reactor licensees can continue
using the system during this period
under a general license without
significant impacts on the human
environment.
D. Alternative to the Action
The alternative to this action is to
deny approval of the renewal and not
issue the direct final rule. Under this
alternative, the NRC would either (1)
require general licensees using the TN–
68 Dry Storage Cask to unload the spent
fuel from these systems and either
return it to a spent fuel pool or re-load
it into a different dry storage cask
system listed in § 72.214; or (2) require
that users of the existing TN–68 Dry
Storage Cask request site-specific
licensing proceedings to continue
storage in these systems.
The environmental impacts of
requiring the licensee to unload the
spent fuel and either return it to the
spent fuel pool or re-load it into another
NRC-approved cask system would result
in increased radiological doses to
workers. These increased doses would
be due primarily to direct radiation from
the casks while the workers unloaded,
transferred, and re-loaded the spent
fuel. These activities would consist of
transferring the dry storage canisters to
a cask-handling building, opening the
canister lid welds, returning the canister
to a spent fuel pool or dry transfer
facility, removing the fuel assemblies,
and re-loading them, either into a spent
fuel pool storage rack or another NRCapproved dry storage system. In
addition to the increased occupational
doses to workers, these activities may
also result in additional liquid or
gaseous effluents.
Alternatively, users of the dry cask
storage system would need to apply for
a site-specific license. Under this option
for implementing the no-action
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alternative, interested licensees would
have to prepare, and the NRC would
have to review, each separate license
application, thereby increasing the
administrative burden upon the NRC
and the costs to each licensee.
In summary, the no-action alternative
would entail either (1) more
environmental impacts than the
preferred action from transferring the
spent fuel now in the TN–68 Dry
Storage Cask; or (2) cost and
administrative impacts from multiple
licensing actions that, in aggregate, are
likely to be the same as, or more likely
greater than, the preferred action.
E. Alternative Use of Resources
Renewal of the initial certificate and
Amendment No. 1 to Certificate of
Compliance No. 1027 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
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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, TN–
68 Dry Storage Cask, Certificate of
Compliance No. 1027, Renewal of Initial
Certificate and Amendment No. 1,’’ 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
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displays a currently valid Office of
Management and Budget control
number.
X. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 605(b)), the NRC
certifies that this direct final rule will
not, if issued, have a significant
economic impact on a substantial
number of small entities. This direct
final rule affects only nuclear power
plant licensees and TN Americas LLC.
These entities do not fall within the
scope of the definition of small entities
set forth in the Regulatory Flexibility
Act or the size standards established by
the NRC (§ 2.810).
XI. Regulatory Analysis
On July 18, 1990 (55 FR 29181), the
NRC issued an amendment to 10 CFR
part 72 to provide for the storage of
spent nuclear fuel under a general
license in cask designs approved by the
NRC. Any nuclear power reactor
licensee can use NRC-approved cask
designs to store spent nuclear fuel if (1)
it 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 April 28, 2000 (65 FR
24855), the NRC issued an amendment
to 10 CFR part 72 that approved the TN
Americas LLC, TN–68 Dry Storage Cask
by adding it to the list of NRC-approved
cask designs in § 72.214 as Certificate of
Compliance No. 1027.
On April 9, 2020, and as
supplemented on July 29, 2020;
February 9, 2021; and March 24, 2021,
TN Americas LLC requested a renewal
of the initial certificate and Amendment
No. 1 of the TN–68 Dry Storage Cask
system for an additional 40 years
beyond the initial certificate term as
discussed in Section IV, ‘‘Discussion of
Changes,’’ of this document. Because
TN Americas LLC filed its renewal
application at least 30 days before the
certificate expiration date of May 20,
2020, pursuant to the timely renewal
provisions in § 72.240(b), the initial
issuance of the certificate and
Amendment No. 1 of Certificate of
Compliance No. 1027 did not expire
during the pendency of the NRC’s
review.
The alternative to this action is to
deny approval of the renewal of the
initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027
and end this direct final rule. Under this
alternative, the NRC would either (1)
require general licensees using the TN–
68 Dry Storage Cask system to unload
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
spent fuel from these systems and return
it to a spent fuel pool or re-load it into
a different dry storage cask system listed
in § 72.214, or (2) require that users of
the existing TN–68 Dry Storage Cask
system request site-specific licensing
proceedings to continue storage in these
systems. Therefore, the no-action
alternative would result in a significant
burden on licensees and an additional
inspection or licensing caseload on the
NRC. In addition, the no action
alternative would entail either (1) more
environmental impacts than the
preferred action from transferring the
spent fuel now in the TN–68 Dry
Storage Cask system, or (2) cost and
administrative impacts from multiple
licensing actions that, in aggregate, are
likely to be the same as, or more likely
greater than, the preferred action.
Approval of this direct final rule is
consistent with previous NRC actions.
Further, as documented in the
preliminary SER 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 renews Certificate of Compliance
No. 1027 for the TN Americas LLC, TN–
68 Dry Storage Cask system, as currently
listed in § 72.214, to extend the
expiration date of the initial certificate
and Amendment No. 1 by 40 years. The
renewed initial certificate and
Amendment No. 1 consist of the
changes previously described, as set
forth in the revised certificate of
compliance and technical
specifications.
Extending the effective date of the
initial certificate and Amendment No. 1
for 40 more years and requiring the
implementation of aging management
activities does not impose any
modification or addition to the design of
a cask system’s SSCs, or to the
procedures or organization required to
operate the system during the initial 20year storage period of the system, as
authorized by the current certificate.
General licensees that have loaded these
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casks, or that load these casks in the
future under the specifications of the
applicable certificate, may continue to
store spent fuel in these systems for the
initial 20-year storage period consistent
with the original certificate. The aging
management activities required to be
implemented by this renewal are only
required after the storage cask system’s
initial 20-year service period ends. As
explained in the 2011 final rule that
amended 10 CFR part 72 (76 FR 8872,
Question I), the general licensee’s
authority to use a particular storage cask
design under an approved certificate of
compliance terminates 20 years after the
date that the general licensee first loads
the particular cask with spent fuel,
unless the cask’s certificate of
compliance is renewed. Because this
rulemaking renews the initial certificate
and Amendment No. 1, and renewal is
a separate licensing action voluntarily
implemented by vendors, the renewal of
the initial certificate and Amendment
No. 1 is not an imposition of new or
changed requirements from which these
licensees would otherwise be protected
by the backfitting provisions in § 72.62.
the initial 20-year period, these general
licensees will be required to implement
aging management activities for any
cask systems subject to a renewed
certificate of compliance, but such
continued use is voluntary.
For these reasons, renewing the initial
certificate and Amendment No. 1 of
Certificate of Compliance No. 1027, and
imposing the additional conditions
previously discussed, 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.
Document
ADAMS
accession No.
TN Americas LLC Renewal Application for the TN–68 Dry Storage Cask Certificate of Compliance No. 1027, dated April 9,
2020.
Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN–68
Dry Storage Cask, Certificate of Compliance No. 1027, dated July 29, 2020.
Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN–68
Dry Storage Cask, Certificate of Compliance No. 1027, dated February 9, 2021.
Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN–68
Dry Storage Cask, Certificate of Compliance No. 1027, dated March 24, 2021.
User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN–68 Dry Storage Cask, dated September 20, 2021.
Preliminary Safety Evaluation Report for the TN–32 Dry Storage Cask Certificate of Compliance Renewal ...................................
Proposed Certificate of Compliance No. 1027, Renewed Initial Certificate .......................................................................................
Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Initial Certificate .........................
Proposed Certificate of Compliance No. 1027, Renewed Amendment No. 1 ...................................................................................
Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Amendment No. 1 ......................
ML20100F295
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–2021–0161.
List of Subjects in 10 CFR Part 72
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Even if renewal of the initial
certificate and Amendment No. 1 of
Certificate of Compliance No. 1027
could be considered a backfit, TN
Americas LLC, as the holder of the
certificate of compliance and vendor of
the casks, is not protected by the
backfitting provisions in § 72.62.
Unlike a vendor, general licensees
using the existing systems subject to this
renewal would be protected by the
backfitting provisions in § 72.62 if the
renewal constituted new or changed
requirements applicable during the
initial 20-year storage period. But, as
previously explained, renewal of the
initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027
does not impose such requirements. The
general licensee using the initial
certificate or Amendment No. 1 of
Certificate of Compliance No. 1027 may
continue storing material in its
respective cask systems for the initial
20-year storage period identified in the
applicable certificate or amendment
with no changes. If general licensees
choose to continue to store spent fuel in
the TN–68 Dry Storage Cask system after
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.
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16:33 Dec 08, 2021
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552 and 553, the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
183, 184, 186, 187, 189, 223, 234, 274 (42
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,
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Fmt 4700
Sfmt 4700
ML20211L707
ML21040A406
ML21083A029
ML21174A125
ML21174A128
ML21174A126
ML21174A129
ML21174A127
ML21174A131
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. 1027 is revised to read
as follows:
■
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1027.
Initial Certificate Effective Date: May
30, 2000, superseded by Renewed Initial
Certificate on February 22, 2022.
Amendment Number 1 Effective Date:
October 30, 2007, superseded by
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Renewed Amendment Number 1 on
February 22, 2022.
SAR Submitted by: Transnuclear, Inc.,
now TN Americas LLC.
Renewal SAR Submitted by: TN
Americas LLC.
SAR Title: Final Safety Analysis
Report for the TN–68 Dry Storage Cask.
Docket Number: 72–1027.
Certificate Expiration Date: May 28,
2020.
Renewed Certificate Expiration Date:
May 28, 2060.
Model Number: TN–68.
*
*
*
*
*
Dated: November 29, 2021.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
Examining the AD Docket
[FR Doc. 2021–26628 Filed 12–8–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0953; Project
Identifier AD–2021–01169–T; Amendment
39–21810; AD 2021–23–12]
RIN 2120–AA64
Airworthiness Directives; Transport
and Commuter Category Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
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VerDate Sep<11>2014
16:33 Dec 08, 2021
Jkt 256001
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0953; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, any comments received, and
other information. The street address for
the Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT:
Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program
Management Section, Operational
Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 817–222–5390; email:
operationalsafety@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA is adopting a new
airworthiness directive (AD) for all
transport and commuter category
airplanes equipped with a radio (also
known as radar) altimeter. This AD was
prompted by a determination that radio
altimeters cannot be relied upon to
perform their intended function if they
experience interference from wireless
broadband operations in the 3.7–3.98
GHz frequency band (5G C-Band). This
AD requires revising the limitations
section of the existing airplane/aircraft
flight manual (AFM) to incorporate
limitations prohibiting certain
operations requiring radio altimeter data
when in the presence of 5G C-Band
interference as identified by Notices to
Air Missions (NOTAMs). The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December 9,
2021.
The FAA must receive comments on
this AD by January 24, 2022.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
SUMMARY:
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
In March 2020, the United States
Federal Communications Commission
(FCC) adopted final rules authorizing
flexible use of the 3.7–3.98 GHz band
for next generation services, including
5G and other advanced spectrum-based
services.1 Pursuant to these rules, CBand wireless broadband deployment is
permitted to occur in phases with the
opportunity for operations in the lower
100 megahertz of the band (3.7–3.8 GHz)
in 46 markets beginning as soon as
December 5, 2021; however, the FAA
does not expect actual deployment to
commence until January 5, 2022. This
AD refers to ‘‘5G C-Band’’ interference,
but wireless broadband technologies,
other than 5G, may use the same
frequency band.2 These other uses of the
same frequency band are within the
scope of this AD since they would
introduce the same risk of radio
altimeter interference as 5G C-Band.
1 The FCC’s rules did not make C-Band wireless
broadband available in Alaska, Hawaii, and the U.S.
Territories.
2 The regulatory text of the AD uses the term ‘‘5G
C-Band’’ which, for purposes of this AD, has the
same meaning as ‘‘5G’’, ‘‘C-Band’’ and ‘‘3.7–3.98
GHz’’
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Fmt 4700
Sfmt 4700
In April 2020, RTCA formed a 5G
Task Force, including members from
RTCA, the FAA, aircraft and radio
altimeter manufacturers, European
Organisation for Civil Aviation
Equipment (EUROCAE), industry
organizations, and operators, to perform
‘‘a quantitative evaluation of radar
altimeter performance regarding RF
interference from expected 5G
emissions in the 3.7–3.98 GHz band, as
well as a detailed assessment of the risk
of such interference occurring and
impacting aviation safety.’’ 3 Based on
the work of the task force, RTCA
published a report which concludes that
there is ‘‘a major risk that 5G
telecommunications systems in the 3.7–
3.98 GHz band will cause harmful
interference to radar altimeters on all
types of civil aircraft—including
commercial transport airplanes;
business, regional, and general aviation
airplanes; and both transport and
general aviation helicopters.’’ 4
The report further concludes that the
likelihood and severity of radio
frequency interference increases for
operations at lower altitudes. That
interference could cause the radio
altimeter to either become inoperable or
present misleading information, and/or
also affect associated systems on civil
aircraft. The RTCA report refers to FCC
Report and Order (R&O) FCC 20–22,5
which identifies radio frequencies and
power level conditions for the new CBand services. The RTCA report
identified the possibility of interference
from both wireless emitters (on base
stations, for example) as well as onboard
user handsets. The RTCA report and
conclusions remain under review,
including by federal spectrum
regulators. The FAA risk assessment
included consideration of the RTCA
report, public comments to the RTCA
report, and analyses from radio
altimeter manufacturers and aircraft
manufacturers in support of the safety
risk determination. The analyses FAA
considered were consistent with RTCA’s
conclusions pertaining to radio
altimeter interference from C-Band
3 RTCA Paper No. 274–20/PMC–2073,
Assessment of C-Band Mobile Telecommunications
Interference Impact on Low Range Radar Altimeter
Options, dated October 7, 2020 (RTCA Paper No.
274–20/PMC–2073), page i. This document is
available in Docket No. FAA–2021–0953, and at
https://www.rtca.org/wp-content/uploads/2020/10/
SC-239-5G-Interference-Assessment-Report_274-20PMC-2073_accepted_changes.pdf.
4 RTCA Paper No. 274–20/PMC–2073, page i.
5 FCC Report and Order (R&O) FCC 20–22 in the
Matter of Expanding Flexible Use of the 3.7–4.2
GHz Band, adopted February 28, 2020, and released
March 3, 2020. This document is available in
Docket No. FAA–2021–0953, and at https://
www.fcc.gov/document/fcc-expands-flexible-use-cband-5g-0.
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]]>Agencies
[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 69978-69984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26628]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 72
[NRC-2021-0161]
RIN 3150-AK69
List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-68
Dry Storage Cask, Certificate of Compliance No. 1027, Renewal of
Initial Certificate and Amendment No. 1
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, TN-68
Dry Storage Cask listing within the ``List of approved spent fuel
storage casks'' to renew, for an additional 40 years, the initial
certificate and Amendment No. 1 of Certificate of Compliance No. 1027.
The renewal of the initial certificate and Amendment No. 1 revises the
certificate of compliance's conditions and technical specifications to
address aging management activities related to the structures, systems,
and components (SSCs) of the dry storage system to ensure that the SSCs
will maintain their intended functions during the period of extended
storage operations.
DATES: This direct final rule is effective February 22, 2022, unless
significant adverse comments are received by January 10, 2022. If this
direct final rule is withdrawn as a result of such comments, timely
notice of the withdrawal will be published in the Federal Register.
Comments received after this date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Comments received on this direct final
rule will also be considered to be comments on a companion proposed
rule published in the Proposed Rules section of this issue of the
Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0161,
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 Jacobs, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-6825, email:
[email protected] and Solomon Sahle, Office of Nuclear Material
Safety and Safeguards, telephone: 301-415-3781, 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-2021-0161 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-2021-0161. 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
[[Page 69979]]
the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209,
301-415-4737, or by email to [email protected]. For the convenience
of the reader, instructions about obtaining materials referenced in
this document are provided in the ``Availability of Documents''
section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's Public Document Room (PDR),
Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852. To make an appointment to visit the PDR, please send an
email to [email protected] or call 1-800-397-4209 or 301-415-4737,
between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2021-0161 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 renewal of the initial certificate and
Amendment No. 1 of Certificate of Compliance No. 1027 and does not
include other aspects of the TN Americas LLC, TN-68 Dry Storage Cask
system design. The NRC is using the ``direct final rule procedure'' to
issue this renewal because it represents a limited and routine change
to an existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety
continues to be reasonably assured. The amendment to the rule will
become effective on February 22, 2022. However, if the NRC receives any
significant adverse comments on this direct final rule by January 10,
2022, 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
April 28, 2000 (65 FR 24855), that approved the TN-68 Dry Storage Cask
system design and added it to the list of NRC-approved cask designs in
Sec. 72.214 as Certificate of Compliance No. 1027. The NRC issued a
direct final rule on August 16, 2007 (72 FR 45880), that approved
Amendment No. 1 to Certificate of Compliance No. 1027 for the TN-68 Dry
Storage Cask system design and added it to the list of NRC approved
cask designs in Sec. 72.214.
IV. Discussion of Changes
On April 9, 2020, TN Americas LLC submitted a request to the NRC to
renew, for an additional 40 years, the initial certificate and
Amendment No. 1 of Certificate of Compliance No. 1027 for the TN-68 Dry
Storage Cask system. TN Americas LLC supplemented its request on July
29, 2020; February 9, 2021; and March 24, 2021.
The renewal of the initial certificate and Amendment No. 1 was
conducted in accordance with the renewal provisions in Sec. 72.240.
This section of the NRC spent fuel storage regulations authorizes the
NRC to include any additional certificate conditions it deems necessary
to ensure the safe operation of the cask during the certificate's
renewal period. The NRC included three additional conditions to the
renewal of the initial certificate of compliance and Amendment No. 1:
The submittal of an updated final safety analysis report
(UFSAR) to address aging management activities resulting from the
renewal of the certificate of compliance. This condition ensures that
the UFSAR changes are made in a timely fashion to enable general
licensees using the storage system during the period of extended
[[Page 69980]]
operation to develop and implement necessary procedures.
The requirement that general licensees initiating or using
spent fuel dry storage operations with the TN-68 Dry Storage Cask
system ensure that their evaluations are included in the reports
required by Sec. 72.212, ``Conditions of general license issued under
Sec. 72.210.'' These reports will include appropriate considerations
for the period of extended operation, a review of the UFSAR changes
resulting from the certificate of compliance renewal, and a review of
the NRC safety evaluation report (SER) related to the certificate of
compliance renewal.
The requirement that future amendments and revisions to
this certificate of compliance include evaluations of the impacts to
aging management activities to ensure that they remain adequate for any
changes to the structures, systems, and components (SSCs).
The NRC made one corresponding change to the technical
specifications for the initial certificate of compliance and Amendment
No. 1. The change added a new section, which ensures that general
licensees using the storage system develop procedures to address aging
management activities required in the period of extended operation.
As documented in the preliminary SER, the NRC performed a safety
evaluation of the proposed certificate of compliance renewal request.
The NRC determined that this renewal does not change the cask design or
fabrication requirements in the proposed certificate of compliance
renewal request. 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 renewal
of the initial certificate of compliance and Amendment No. 1 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. In its SER for the renewal of
the TN-68 Dry Storage Cask system, the NRC staff has determined that if
the conditions specified in the certificate of compliance to implement
these regulations are met, adequate protection of public health and
safety will continue to be reasonably assured.
This direct final rule revises the TN-68 Dry Storage Cask listing
in Sec. 72.214 by renewing for 40 more years, the initial certificate
and Amendment No. 1 of Certificate of Compliance No. 1027. The renewal
consists of the changes previously described, as set forth in the
renewed initial certificate and amendment and their revised technical
specifications. The revised technical specifications are identified in
the SER.
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, TN-68 Dry Storage 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-68 Dry Storage
Cask listing within the ``List of approved spent fuel storage casks''
to renew, for an additional 40 years, the initial certificate and
Amendment No. 1 of Certificate of Compliance No. 1027.
B. The Need for the Action
This direct final rule renews the initial certificate and Amendment
No. 1 of Certificate of Compliance No. 1027 for the TN Americas LLC,
TN-68 Dry Storage Cask 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, this rule extends the expiration date
for the TN Americas LLC, TN-68 Dry Storage Cask certificate for an
additional 40 years, allowing a reactor licensee to continue using it
under general license provisions in an independent spent fuel storage
installation to store spent fuel in dry casks in accordance with 10 CFR
part 72.
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 renewal of the initial certificate
and Amendment No. 1 of Certificate of Compliance No. 1027 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. As required by
Sec. 72.240, applications for renewal of a spent fuel
[[Page 69981]]
storage certificate of compliance design are required to demonstrate
that SSCs important to safety will continue to perform their intended
function for the requested renewal term. As discussed in the NRC's SER
for the renewal of the initial certificate and Amendment No. 1, the NRC
has approved conditions in the renewed initial certificate and
Amendment No. 1 requiring the general licensee to implement the aging
management activities described in the renewal application and
incorporated into the UFSAR. These conditions ensure that the TN
Americas LLC, TN-68 Dry Storage Cask system will continue to perform
its intended safety functions and provide reasonable assurance of
adequate protection of public health and safety throughout the renewal
period.
Incremental impacts from continued use of the TN-68 Dry Storage
Cask system under a general license for an additional 40 years are not
considered significant. When the general licensee follows all
procedures and administrative controls, including the conditions
established because of this renewal, no effluents are expected from the
sealed dry cask systems. Activities associated with cask loading and
decontamination may result in some small incremental liquid and gaseous
effluents, but these activities will be conducted under 10 CFR parts 50
and 52 reactor operating licenses, and effluents will be controlled
within existing reactor site technical specifications. Because reactor
sites are relatively large, any incremental offsite doses due to direct
radiation exposure from the spent fuel storage casks are expected to be
small, and when combined with the contribution from reactor operations,
well within the annual dose equivalent of 0.25 mSv (25 mrem) limit to
the whole body specified in Sec. 72.104. Incremental impacts on
collective occupational exposures due to dry cask spent fuel storage
are expected to be only a small fraction of the exposures from
operation of the nuclear power station.
The TN-68 Dry Storage Cask 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.
During the promulgation of the amendments that added subpart K to
10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the
public health consequences of dry cask storage accidents and sabotage
events. In the supporting analyses for these amendments, the NRC
determined that a release from a dry cask storage system would be
comparable in magnitude to a release from the same quantity of fuel in
a spent fuel storage pool. As a result of these evaluations, the NRC
determined that, because of the physical characteristics of the storage
casks and conditions of storage that include specific security
provisions, the potential risk to public health and safety due to
accidents or sabotage is very small.
Considering the specific design requirements for each accident or
sabotage condition, the design of the cask would maintain confinement,
shielding, and criticality control. If confinement, shielding, or
criticality control are maintained, the environmental impacts from an
accident would be insignificant.
There are no changes to cask design or fabrication requirements in
the renewed initial certificate or Amendment No. 1. Because there are
no significant design or process changes, any resulting occupational
exposure or offsite dose rates from the implementation of the renewal
of the initial certificate and Amendment No. 1 would remain well within
the 10 CFR part 20 limits.
Decommissioning of dry cask spent fuel storage systems under a
general license would be carried out as part of a power reactor's site
decommissioning plan. In general, decommissioning would consist of
removing the spent fuel from the site, decontaminating cask surfaces,
and decontaminating and dismantling the independent spent fuel storage
installation where the casks were deployed. Under normal and off-normal
operating conditions, no residual contamination is expected to be left
behind on supporting structures. The incremental impacts associated
with decommissioning dry cask storage installations are expected to
represent a small fraction of the impacts of decommissioning an entire
nuclear power station.
In summary, the proposed changes will not result in any
radiological or nonradiological environmental impacts that
significantly differ from the environmental impacts evaluated in the
environmental assessment supporting the July 18, 1990, final rule.
Compliance with the requirements of 10 CFR parts 20 and 72 would
provide reasonable assurance that adequate protection of public health
and safety will continue. The NRC, in its SER for the renewal of the
TN-68 Dry Storage Cask system, has determined if the conditions
specified in the certificate of compliance to implement these
regulations are met, adequate protection of public health and safety
will continue to be reasonably assured.
Based on the previously stated assessments and its SER for the
requested renewal of the TN-68 Dry Storage Cask certificates, the NRC
has determined that the expiration date of this system in 10 CFR 72.214
can be safely extended for an additional 40 years, and that commercial
nuclear power reactor licensees can continue using the system during
this period under a general license without significant impacts on the
human environment.
D. Alternative to the Action
The alternative to this action is to deny approval of the renewal
and not issue the direct final rule. Under this alternative, the NRC
would either (1) require general licensees using the TN-68 Dry Storage
Cask to unload the spent fuel from these systems and either return it
to a spent fuel pool or re-load it into a different dry storage cask
system listed in Sec. 72.214; or (2) require that users of the
existing TN-68 Dry Storage Cask request site-specific licensing
proceedings to continue storage in these systems.
The environmental impacts of requiring the licensee to unload the
spent fuel and either return it to the spent fuel pool or re-load it
into another NRC-approved cask system would result in increased
radiological doses to workers. These increased doses would be due
primarily to direct radiation from the casks while the workers
unloaded, transferred, and re-loaded the spent fuel. These activities
would consist of transferring the dry storage canisters to a cask-
handling building, opening the canister lid welds, returning the
canister to a spent fuel pool or dry transfer facility, removing the
fuel assemblies, and re-loading them, either into a spent fuel pool
storage rack or another NRC-approved dry storage system. In addition to
the increased occupational doses to workers, these activities may also
result in additional liquid or gaseous effluents.
Alternatively, users of the dry cask storage system would need to
apply for a site-specific license. Under this option for implementing
the no-action
[[Page 69982]]
alternative, interested licensees would have to prepare, and the NRC
would have to review, each separate license application, thereby
increasing the administrative burden upon the NRC and the costs to each
licensee.
In summary, the no-action alternative would entail either (1) more
environmental impacts than the preferred action from transferring the
spent fuel now in the TN-68 Dry Storage Cask; or (2) cost and
administrative impacts from multiple licensing actions that, in
aggregate, are likely to be the same as, or more likely greater than,
the preferred action.
E. Alternative Use of Resources
Renewal of the initial certificate and Amendment No. 1 to
Certificate of Compliance No. 1027 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, TN-68 Dry Storage
Cask, Certificate of Compliance No. 1027, Renewal of Initial
Certificate and Amendment No. 1,'' 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 (1) it 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
April 28, 2000 (65 FR 24855), the NRC issued an amendment to 10 CFR
part 72 that approved the TN Americas LLC, TN-68 Dry Storage Cask by
adding it to the list of NRC-approved cask designs in Sec. 72.214 as
Certificate of Compliance No. 1027.
On April 9, 2020, and as supplemented on July 29, 2020; February 9,
2021; and March 24, 2021, TN Americas LLC requested a renewal of the
initial certificate and Amendment No. 1 of the TN-68 Dry Storage Cask
system for an additional 40 years beyond the initial certificate term
as discussed in Section IV, ``Discussion of Changes,'' of this
document. Because TN Americas LLC filed its renewal application at
least 30 days before the certificate expiration date of May 20, 2020,
pursuant to the timely renewal provisions in Sec. 72.240(b), the
initial issuance of the certificate and Amendment No. 1 of Certificate
of Compliance No. 1027 did not expire during the pendency of the NRC's
review.
The alternative to this action is to deny approval of the renewal
of the initial certificate and Amendment No. 1 of Certificate of
Compliance No. 1027 and end this direct final rule. Under this
alternative, the NRC would either (1) require general licensees using
the TN-68 Dry Storage Cask system to unload spent fuel from these
systems and return it to a spent fuel pool or re-load it into a
different dry storage cask system listed in Sec. 72.214, or (2)
require that users of the existing TN-68 Dry Storage Cask system
request site-specific licensing proceedings to continue storage in
these systems. Therefore, the no-action alternative would result in a
significant burden on licensees and an additional inspection or
licensing caseload on the NRC. In addition, the no action alternative
would entail either (1) more environmental impacts than the preferred
action from transferring the spent fuel now in the TN-68 Dry Storage
Cask system, or (2) cost and administrative impacts from multiple
licensing actions that, in aggregate, are likely to be the same as, or
more likely greater than, the preferred action.
Approval of this direct final rule is consistent with previous NRC
actions. Further, as documented in the preliminary SER 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 renews Certificate of Compliance No.
1027 for the TN Americas LLC, TN-68 Dry Storage Cask system, as
currently listed in Sec. 72.214, to extend the expiration date of the
initial certificate and Amendment No. 1 by 40 years. The renewed
initial certificate and Amendment No. 1 consist of the changes
previously described, as set forth in the revised certificate of
compliance and technical specifications.
Extending the effective date of the initial certificate and
Amendment No. 1 for 40 more years and requiring the implementation of
aging management activities does not impose any modification or
addition to the design of a cask system's SSCs, or to the procedures or
organization required to operate the system during the initial 20-year
storage period of the system, as authorized by the current certificate.
General licensees that have loaded these
[[Page 69983]]
casks, or that load these casks in the future under the specifications
of the applicable certificate, may continue to store spent fuel in
these systems for the initial 20-year storage period consistent with
the original certificate. The aging management activities required to
be implemented by this renewal are only required after the storage cask
system's initial 20-year service period ends. As explained in the 2011
final rule that amended 10 CFR part 72 (76 FR 8872, Question I), the
general licensee's authority to use a particular storage cask design
under an approved certificate of compliance terminates 20 years after
the date that the general licensee first loads the particular cask with
spent fuel, unless the cask's certificate of compliance is renewed.
Because this rulemaking renews the initial certificate and Amendment
No. 1, and renewal is a separate licensing action voluntarily
implemented by vendors, the renewal of the initial certificate and
Amendment No. 1 is not an imposition of new or changed requirements
from which these licensees would otherwise be protected by the
backfitting provisions in Sec. 72.62.
Even if renewal of the initial certificate and Amendment No. 1 of
Certificate of Compliance No. 1027 could be considered a backfit, TN
Americas LLC, as the holder of the certificate of compliance and vendor
of the casks, is not protected by the backfitting provisions in Sec.
72.62.
Unlike a vendor, general licensees using the existing systems
subject to this renewal would be protected by the backfitting
provisions in Sec. 72.62 if the renewal constituted new or changed
requirements applicable during the initial 20-year storage period. But,
as previously explained, renewal of the initial certificate and
Amendment No. 1 of Certificate of Compliance No. 1027 does not impose
such requirements. The general licensee using the initial certificate
or Amendment No. 1 of Certificate of Compliance No. 1027 may continue
storing material in its respective cask systems for the initial 20-year
storage period identified in the applicable certificate or amendment
with no changes. If general licensees choose to continue to store spent
fuel in the TN-68 Dry Storage Cask system after the initial 20-year
period, these general licensees will be required to implement aging
management activities for any cask systems subject to a renewed
certificate of compliance, but such continued use is voluntary.
For these reasons, renewing the initial certificate and Amendment
No. 1 of Certificate of Compliance No. 1027, and imposing the
additional conditions previously discussed, 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.
------------------------------------------------------------------------
Document ADAMS accession No.
------------------------------------------------------------------------
TN Americas LLC Renewal Application for the TN- ML20100F295
68 Dry Storage Cask Certificate of Compliance
No. 1027, dated April 9, 2020.
Supplemental Response to Request for ML20211L707
Additional Information for the TN Americas
LLC Application for Renewal of the TN-68 Dry
Storage Cask, Certificate of Compliance No.
1027, dated July 29, 2020.
Supplemental Response to Request for ML21040A406
Additional Information for the TN Americas
LLC Application for Renewal of the TN-68 Dry
Storage Cask, Certificate of Compliance No.
1027, dated February 9, 2021.
Supplemental Response to Request for ML21083A029
Additional Information for the TN Americas
LLC Application for Renewal of the TN-68 Dry
Storage Cask, Certificate of Compliance No.
1027, dated March 24, 2021.
User Need Memorandum for Rulemaking for ML21174A125
Certificate of Compliance Renewal, Initial
Issue (Amendment Number 0), Amendment Number
1 to TN-68 Dry Storage Cask, dated September
20, 2021.
Preliminary Safety Evaluation Report for the ML21174A128
TN-32 Dry Storage Cask Certificate of
Compliance Renewal.
Proposed Certificate of Compliance No. 1027, ML21174A126
Renewed Initial Certificate.
Proposed Technical Specifications, Appendix A, ML21174A129
Certificate of Compliance No. 1027, Renewed
Initial Certificate.
Proposed Certificate of Compliance No. 1027, ML21174A127
Renewed Amendment No. 1.
Proposed Technical Specifications, Appendix A, ML21174A131
Certificate of Compliance No. 1027, Renewed
Amendment No. 1.
------------------------------------------------------------------------
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-2021-0161.
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. 1027 is revised to
read as follows:
Sec. 72.214 List of approved spent fuel storage casks.
* * * * *
Certificate Number: 1027.
Initial Certificate Effective Date: May 30, 2000, superseded by
Renewed Initial Certificate on February 22, 2022.
Amendment Number 1 Effective Date: October 30, 2007, superseded by
[[Page 69984]]
Renewed Amendment Number 1 on February 22, 2022.
SAR Submitted by: Transnuclear, Inc., now TN Americas LLC.
Renewal SAR Submitted by: TN Americas LLC.
SAR Title: Final Safety Analysis Report for the TN-68 Dry Storage
Cask.
Docket Number: 72-1027.
Certificate Expiration Date: May 28, 2020.
Renewed Certificate Expiration Date: May 28, 2060.
Model Number: TN-68.
* * * * *
Dated: November 29, 2021.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2021-26628 Filed 12-8-21; 8:45 am]
BILLING CODE 7590-01-P
