Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66585 

adjustments are published by January 

1st and are not hindered by the 

rulemaking process. AMS will annually 

publish a Notice in the Federal Register 

on the fee adjustment and publish all 

fees on the public website. 

The Small Business Administration 

(SBA) defines small businesses by their 

North American Industry Classification 

System Codes (NAICS). This rulemaking 

affects customers of AMS’s official 

inspection and weighing services in the 

domestic and export grain markets 

(NAICS code 115114). 

Under the USGSA, all grain exported 

from the United States must be officially 

inspected and weighed. AMS provides 

mandatory inspection and weighing 

services at 43 export facilities in the 

United States and 7 facilities for U.S. 

grain transshipped through Canadian 

ports. Five delegated State agencies 

provide mandatory inspection and 

weighing services at 13 facilities. All of 

these facilities are owned by multinational corporations, large 

cooperatives, or public entities that do 

not meet the requirements for small 

entities established by the SBA. Further, 

the provisions of this rulemaking apply 

equally to all entities. The USGSA 

requires the registration of all persons 

engaged in the business of buying grain 

for sale in foreign commerce. In 

addition, those persons who handle, 

weigh, or transport grain for sale in 

foreign commerce must also register. 

The regulations found at 7 CFR 800.30 

define a foreign commerce grain 

business as persons who regularly 

engage in buying for sale, handling, 

weighing, or transporting grain totaling 

15,000 metric tons or more during the 

preceding or current calendar year. 

Currently, there are 97 businesses 

registered to export grain, most of which 

are not small businesses. 

Most users of the official inspection 

and weighing services do not meet the 

SBA requirements for small entities. 

Further, AMS is required by statute to 

make services available to all applicants 

and to recover the costs of providing 

such services as nearly as practicable, 

while maintaining a 3 to 6 month 

operating reserve. There are no 

additional reporting, record keeping, or 

other compliance requirements imposed 

upon small entities as a result of this 

rulemaking. AMS has not identified any 

other federal rules which may duplicate, 

overlap, or conflict with this 

rulemaking. Because this rulemaking 

does not have a significant economic 

impact on a substantial number of small 

entities, an initial regulatory flexibility 

analysis is not provided. 

Paperwork Reduction Act 

This final rule imposes no new 

reporting or recordkeeping requirements 

necessitating clearance by OMB. 

List of Subjects in 7 CFR Part 800 

Administrative practice and 

procedure, Exports, Grains, Reporting 

and recordkeeping requirements. 

For the reasons set out in the 

preamble, FGIS amends 7 CFR part 800 

as follows: 

PART 800—GENERAL REGULATIONS 

■ 1. The authority citation for part 800 

continues to read as follows: 

Authority: 7 U.S.C. 71–87k. 

■ 2. Section 800.71(a)(1) is revised to 

read as follows: 

§ 800.71 Fees assessed by the Service. 

(a) * * * 

(1) Schedule A—Fees for official 

inspection and weighing services 

performed in the United States and 

Canada. For each calendar year, FGIS 

will calculate Schedule A fees as 

defined in paragraph (b) of this section. 

FGIS will publish a notice in the 

Federal Register and post Schedule A 

fees on the Agency’s public website. 

* * * * * 

Dated: December 18, 2018. 

Greg Ibach, 

Under Secretary, Marketing and Regulatory 

Programs. 

[FR Doc. 2018–27787 Filed 12–26–18; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2018–0265] 

RIN 3150–AK20 

List of Approved Spent Fuel Storage 

Casks: TN Americas LLC Standardized 

Advanced NUHOMS® System, 

Certificate of Compliance No. 1029, 

Amendment No. 4 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

spent fuel storage regulations by 

revising the TN Americas LLC 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

(NUHOMS® System) listing within the 

‘‘List of approved spent fuel storage 

casks’’ to include Amendment No. 4 to 

Certificate of Compliance No. 1029. 

Amendment No. 4 revises the certificate 

of compliance’s technical specifications 

to: clarify the applicability of unloading 

procedures and training modules 

relative to spent fuel pool availability; 

credit the use of the installed 

temperature monitoring system 

specified in lieu of performing daily 

visual vent inspections; establish dose 

rates on the front inlet bird screen and 

the door of the concrete storage module 

for the Advanced Horizontal Storage 

Module; modify the criteria for 

performing Advanced Horizontal 

Storage Module air vent visual 

inspections; identify the blocked vent 

time limitations for each of the 24PT1 

and 24PT4 dry shielded canisters; and 

provide a new temperature rise value for 

the Advanced Horizontal Storage 

Module with a loaded 24PT4 dry 

shielded canister. 

DATES: This direct final rule is effective 

March 12, 2019, unless significant 

adverse comments are received by 

January 28, 2019. If this direct final rule 

is withdrawn as a result of such 

comments, timely notice of the 

withdrawal will be published in the 

Federal Register. Comments received 

after this date will be considered if it is 

practical to do so, but the NRC is able 

to ensure consideration only for 

comments received on or before this 

date. Comments received on this direct 

final rule will also be considered to be 

comments on a companion proposed 

rule published in the Proposed Rules 

section of this issue of the Federal 

Register. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0265. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 


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66586 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

William Allen, Office of Nuclear 

Material Safety and Safeguards; 

telephone: 301–415–6877; email: 

William.Allen@nrc.gov or Edward M. 

Lohr, Office of Nuclear Material Safety 

and Safeguards; telephone: 301–415– 

0253; email: Edward.Lohr@nrc.gov. Both 

are staff of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Rulemaking Procedure 

III. Background 

IV. Discussion of Changes 

V. Voluntary Consensus Standards 

VI. Agreement State Compatibility 

VII. Plain Writing 

VIII. Environmental Assessment and Finding 

of No Significant Environmental Impact 

IX. Paperwork Reduction Act Statement 

X. Regulatory Flexibility Certification 

XI. Regulatory Analysis 

XII. Backfitting and Issue Finality 

XIII. Congressional Review Act 

XIV. Availability of Documents 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2018– 

0265 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0265. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. For the convenience of the 

reader, instructions about obtaining 

materials referenced in this document 

are provided in the ‘‘Availability of 

Documents’’ section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2018– 

0265 in your comment submission. The 

NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at http://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Rulemaking Procedure 

This rule is limited to the changes 

contained in Amendment No. 4 to 

Certificate of Compliance No. 1029 and 

does not include other aspects of the TN 

Americas LLC Standardized Advanced 

NUHOMS® System design. The NRC is 

using the ‘‘direct final rule procedure’’ 

to issue this amendment because it 

represents a limited and routine change 

to an existing certificate of compliance 

that is expected to be noncontroversial. 

Adequate protection of public health 

and safety continues to be ensured. The 

amendment to the rule will become 

effective on March 12, 2019. However, 

if the NRC receives significant adverse 

comments on this direct final rule by 

January 28, 2019, then the NRC will 

publish a document that withdraws this 

action and will subsequently address 

the comments received in a final rule as 

a response to the companion proposed 

rule published in the Proposed Rules 

section of this issue of the Federal 

Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC to 

reevaluate (or reconsider) its position or 

conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC to 

make a change (other than editorial) to 

the rule, certificate of compliance, or 

technical specifications. 

For detailed instructions on filing 

comments, please see the companion 

proposed rule published in the 

Proposed Rules section of this issue of 

the Federal Register. 

III. Background 

Section 218(a) of the Nuclear Waste 

Policy Act of 1982, as amended, 

requires that ‘‘the Secretary [of the 

Department of Energy] shall establish a 

demonstration program, in cooperation 

with the private sector, for the dry 

storage of spent nuclear fuel at civilian 

nuclear power reactor sites, with the 

objective of establishing one or more 

technologies that the [Nuclear 

Regulatory] Commission may, by rule, 

approve for use at the sites of civilian 

nuclear power reactors without, to the 

maximum extent practicable, the need 

for additional site-specific approvals by 

the Commission.’’ Section 133 of the 

Nuclear Waste Policy Act states, in part, 

that ‘‘[the Commission] shall, by rule, 

establish procedures for the licensing of 

any technology approved by the 

Commission under Section 219(a) [sic: 

218(a)] for use at the site of any civilian 

nuclear power reactor.’’ 

To implement this mandate, the 

Commission approved dry storage of 

spent nuclear fuel in NRC-approved 

casks under a general license by 

publishing a final rule which added a 

new subpart K in part 72 of title 10 of 

the Code of Federal Regulations (10 

CFR) entitled ‘‘General License for 

Storage of Spent Fuel at Power Reactor 

Sites’’ (55 FR 29181; July 18, 1990). This 

rule also established a new subpart L in 

10 CFR part 72 entitled ‘‘Approval of 

Spent Fuel Storage Casks,’’ which 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66587 

contains procedures and criteria for 

obtaining NRC approval of spent fuel 

storage cask designs. The NRC 

subsequently issued a final rule on 

January 6, 2003 (68 FR 463), that 

approved the TN Americas LLC 

Standardized Advanced NUHOMS®

System design and added it to the list 

of NRC-approved cask designs provided 

in § 72.214 as Certificate of Compliance 

No. 1029. 

IV. Discussion of Changes 

On November 15, 2017, TN Americas 

LLC submitted a request to the NRC to 

amend Certificate of Compliance No. 

1029 and supplemented its request on 

February 22, 2018, May 16, 2018, June 

26, 2018, and July 18, 2018. 

Amendment No. 4 revises the technical 

specifications and final safety analysis 

report as follows: 

• For the 24PT1, 24PT4 and 32PTH 

dry shielded canisters: (1) Clarify that 

unloading procedures are only 

applicable during the time period when 

the spent fuel pool is available (i.e., 

prior to decommissioning of the spent 

fuel pool); and (2) clarify that the option 

of removing fuel from the dry shielded 

canisters into the spent fuel pool is 

performed only if the pool is available. 

• Clarify in Technical Specification 

5.2.2, ‘‘Training Program,’’ that training 

modules associated with unloading 

operations only need to address 

reflooding if applicable. 

• For the 24PT4 dry shielded canister 

stored in the Advanced Horizontal 

Storage Module, increase the 

temperature limit associated with a 

blocked vent accident condition based 

on dual thermocouple locations. 

• For the 24PT1 dry shielded 

canister, credit the use of the installed 

temperature monitoring system 

specified in Technical Specification 

5.2.5(b) in lieu of performing daily 

visual vent inspections. 

• For the 24PT1 and 24PT4 dry 

shielded canisters, establish dose rate 

limits at the front inlet bird screen and 

at the door of the concrete storage 

module in Technical Specification 5.4. 

• For the 24PT1 dry shielded 

canister, modify the criteria for 

performing Advanced Horizontal 

Storage Module air vent visual 

inspections. 

• For 24PT1 and 24PT4 dry shielded 

canisters, identify blocked vent time 

limitations for each canister, instead of 

using one blocked vent time limitation 

for both dry shielded canisters. 

• For Technical Specification 5.4, 

provide more specificity regarding the 

locations at which dose rate 

measurements are performed, and make 

Technical Specification 5.4 applicable 

to all dry shielded canisters and storage 

modules authorized for use under 

Amendment No. 4 to Certificate of 

Compliance No. 1029 by adding 

‘‘Advanced Horizontal Storage Module 

[AHSM] or,’’ removing ‘‘Advanced 

Horizontal Storage Module High Burnup 

and High Seismic [AHSM–HS],’’ or 

removing ‘‘32PTH2,’’ as appropriate. 

As documented in the preliminary 

safety evaluation report, the NRC 

performed a detailed safety evaluation 

of the proposed certificate of 

compliance amendment request. There 

are no significant changes to cask design 

requirements in the proposed certificate 

of compliance amendment. Considering 

the specific design requirements for 

each accident condition, the design of 

the cask would prevent loss of 

containment, shielding, and criticality 

control in the event of an accident. This 

amendment does not reflect a significant 

change in design or fabrication of the 

cask. In addition, any resulting 

occupational exposure or offsite dose 

rates from the implementation of 

Amendment No. 4 would remain well 

within the 10 CFR part 20 limits. There 

will be no significant change in the 

types or amounts of any effluent 

released, no significant increase in the 

individual or cumulative radiation 

exposure, and no significant increase in 

the potential for, or consequences from, 

radiological accidents. 

This direct final rule revises the TN 

Americas LLC Standardized Advanced 

NUHOMS® System listing in § 72.214 

by adding Amendment No. 4 to 

Certificate of Compliance No. 1029. The 

amendment consists of the changes 

previously described, as set forth in the 

revised certificate of compliance and 

technical specifications. The revised 

technical specifications are identified 

and evaluated in the preliminary safety 

evaluation report. 

The amended TN Americas LLC 

Standardized Advanced NUHOMS®

cask design, when used under the 

conditions specified in the certificate of 

compliance, technical specifications, 

and the NRC’s regulations, will meet the 

requirements of 10 CFR part 72; 

therefore, adequate protection of public 

health and safety will continue to be 

ensured. When this direct final rule 

becomes effective, persons who hold a 

general license under § 72.210 may, 

consistent with the license conditions 

under § 72.212, load spent nuclear fuel 

into those TN Americas LLC 

Standardized Advanced NUHOMS®

System casks that meet the criteria of 

Amendment No. 4 to Certificate of 

Compliance No. 1029. 

V. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) requires that Federal agencies 

use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this direct final rule, the 

NRC will revise the TN Americas LLC 

Standardized Advanced NUHOMS®

System design listed in § 72.214. This 

action does not constitute the 

establishment of a standard that 

contains generally applicable 

requirements. 

VI. Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

rule is classified as Compatibility 

Category ‘‘NRC.’’ Compatibility is not 

required for Category ‘‘NRC’’ 

regulations. The NRC program elements 

in this category are those that relate 

directly to areas of regulation reserved 

to the NRC by the Atomic Energy Act of 

1954, as amended, or the provisions of 

10 CFR chapter I. Although an 

Agreement State may not adopt program 

elements reserved to the NRC, and the 

Category ‘‘NRC’’ does not confer 

regulatory authority on the State, the 

State may wish to inform its licensees 

of certain requirements by means 

consistent with the particular State’s 

administrative procedure laws. 

VII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31883). 

VIII. Environmental Assessment and 

Finding of No Significant 

Environmental Impact 

A. The Action 

The action is to amend § 72.214 to 

revise the TN Americas LLC 

Standardized Advanced NUHOMS®

System listing within the ‘‘List of 

approved spent fuel storage casks’’ to 

include Amendment No. 4 to Certificate 

of Compliance No. 1029. Under the 

National Environmental Policy Act of 

1969, as amended, and the NRC’s 

regulations in subpart A of 10 CFR part 


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66588 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

51, ‘‘Environmental Protection 

Regulations for Domestic Licensing and 

Related Regulatory Functions,’’ the NRC 

has determined that this direct final 

rule, if adopted, would not be a major 

Federal action significantly affecting the 

quality of the human environment and, 

therefore, an environmental impact 

statement is not required. The NRC has 

made a finding of no significant impact 

on the basis of this environmental 

assessment. 

B. The Need for the Action 

This direct final rule amends the 

certificate of compliance for the TN 

Americas LLC Standardized Advanced 

NUHOMS® System design within the 

list of approved spent fuel storage casks 

that power reactor licensees can use to 

store spent fuel at reactor sites under a 

general license. Specifically, 

Amendment No. 4 updates the 

certificate of compliance as described in 

Section IV, ‘‘Discussion of Changes,’’ of 

this document, for the use of the TN 

Americas LLC Standardized Advanced 

NUHOMS® System. 

C. Environmental Impacts of the Action 

On July 18, 1990 (55 FR 29181), the 

NRC issued an amendment to 10 CFR 

part 72 to provide for the storage of 

spent fuel under a general license in 

cask designs approved by the NRC. The 

potential environmental impact of using 

NRC-approved storage casks was 

initially analyzed in the environmental 

assessment for the 1990 final rule. The 

environmental assessment for this 

Amendment No. 4 tiers off of the 

environmental assessment for the July 

18, 1990, final rule. Tiering on past 

environmental assessments is a standard 

process under the National 

Environmental Policy Act of 1969, as 

amended. 

The TN Americas LLC Standardized 

Advanced NUHOMS® System is 

designed to mitigate the effects of design 

basis accidents that could occur during 

storage. Design basis accidents account 

for human-induced events and the most 

severe natural phenomena reported for 

the site and surrounding area. 

Postulated accidents analyzed for an 

independent spent fuel storage 

installation, the type of facility at which 

a holder of a power reactor operating 

license would store spent fuel in casks 

in accordance with 10 CFR part 72, 

include tornado winds and tornadogenerated missiles, a design basis 

earthquake, a design basis flood, an 

accidental cask drop, lightning effects, 

fire, explosions, and other events. 

Considering the specific design 

requirements for each accident 

condition, the design of the cask would 

prevent loss of confinement, shielding, 

and criticality control in the event of an 

accident. If there is no loss of 

confinement, shielding, or criticality 

control, the environmental impacts 

resulting from an accident would be 

insignificant. This amendment does not 

reflect a significant change in design or 

fabrication of the cask. Because there are 

no significant design or process 

changes, any resulting occupational 

exposure or offsite dose rates from the 

implementation of Amendment No. 4 

would remain well within the 10 CFR 

part 20 limits. Therefore, the proposed 

certificate of compliance changes will 

not result in any radiological or nonradiological environmental impacts that 

significantly differ from the 

environmental impacts evaluated in the 

environmental assessment supporting 

the July 18, 1990, final rule. There will 

be no significant change in the types or 

amounts of any effluent released, no 

significant increase in individual or 

cumulative radiation exposures, and no 

significant increase in the potential for 

or consequences of radiological 

accidents. The NRC documented its 

safety findings in a preliminary safety 

evaluation report. 

D. Alternative to the Action 

The alternative to this action is to 

deny approval of Amendment No. 4 and 

not issue the direct final rule. 

Consequently, any 10 CFR part 72 

general licensee that seeks to load spent 

nuclear fuel into the TN Americas LLC 

Standardized Advanced NUHOMS®

System in accordance with the changes 

described in proposed Amendment No. 

4 would have to request an exemption 

from the requirements of §§ 72.212 and 

72.214. Under this alternative, 

interested licensees would have to 

prepare, and the NRC would have to 

review, a separate exemption request, 

thereby increasing the administrative 

burden upon the NRC and the costs to 

each licensee. Therefore, the 

environmental impacts of the alternative 

action would be the same as, or more 

likely greater than, the preferred action. 

E. Alternative Use of Resources 

Approval of Amendment No. 4 to 

Certificate of Compliance No. 1029 

would result in no irreversible 

commitment of resources. 

F. Agencies and Persons Contacted 

No agencies or persons outside the 

NRC were contacted in connection with 

the preparation of this environmental 

assessment. 

G. Finding of No Significant Impact 

The environmental impacts of the 

action have been reviewed under the 

requirements in the National 

Environmental Policy Act of 1969, as 

amended, and the NRC’s regulations in 

subpart A of 10 CFR part 51. Based on 

the foregoing environmental assessment, 

the NRC concludes that this direct final 

rule entitled ‘‘List of Approved Spent 

Fuel Storage Casks: TN Americas LLC 

Standardized Advanced NUHOMS®

System, Certificate of Compliance No. 

1029, Amendment No. 4’’ will not have 

a significant effect on the human 

environment. Therefore, the NRC has 

determined that an environmental 

impact statement is not necessary for 

this direct final rule. 

IX. Paperwork Reduction Act 

Statement 

This direct final rule does not contain 

any new or amended collections of 

information subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). Existing collections of 

information were approved by the 

Office of Management and Budget, 

approval number 3150–0132. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid Office of 

Management and Budget control 

number. 

X. Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this direct final rule will 

not, if issued, have a significant 

economic impact on a substantial 

number of small entities. This direct 

final rule affects only nuclear power 

plant licensees and TN Americas LLC. 

These entities do not fall within the 

scope of the definition of small entities 

set forth in the Regulatory Flexibility 

Act or the size standards established by 

the NRC (§ 2.810). 

XI. Regulatory Analysis 

On July 18, 1990 (55 FR 29181), the 

NRC issued an amendment to 10 CFR 

part 72 to provide for the storage of 

spent nuclear fuel under a general 

license in cask designs approved by the 

NRC. Any nuclear power reactor 

licensee can use NRC-approved cask 

designs to store spent nuclear fuel if it 

notifies the NRC in advance, the spent 

fuel is stored under the conditions 

specified in the cask’s certificate of 

compliance, and the conditions of the 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66589 

general license are met. A list of NRCapproved cask designs is contained in 

§ 72.214. On January 6, 2003 (68 FR 

463), the NRC issued an amendment to 

10 CFR part 72 that approved the TN 

Americas LLC Standardized Advanced 

NUHOMS® System design by adding it 

to the list of NRC-approved cask designs 

in § 72.214 as Certificate of Compliance 

No. 1029. 

On November 15, 2017, and as 

supplemented on February 22, 2018, 

May 16, 2018, June 26, 2018, and July 

18, 2018, TN Americas LLC submitted 

an application to amend the 

Standardized Advanced NUHOMS®

System as described in Section IV, 

‘‘Discussion of Changes,’’ of this 

document. 

The alternative to this action is to 

withhold approval of Amendment No. 4 

and to require any 10 CFR part 72 

general licensee seeking to load spent 

nuclear fuel into the TN Americas LLC 

Standardized Advanced NUHOMS®

System under the changes described in 

Amendment No. 4 to request an 

exemption from the requirements of 

§§ 72.212 and 72.214. Under this 

alternative, each interested 10 CFR part 

72 licensee would have to prepare, and 

the NRC would have to review, a 

separate exemption request, thereby 

increasing the administrative burden 

upon the NRC and the costs to each 

licensee. 

Approval of this direct final rule is 

consistent with previous NRC actions. 

Further, as documented in the 

preliminary safety evaluation report and 

environmental assessment, this direct 

final rule will have no adverse effect on 

public health and safety or the 

environment. This direct final rule has 

no significant identifiable impact or 

benefit on other Government agencies. 

Based on this regulatory analysis, the 

NRC concludes that the requirements of 

this direct final rule are commensurate 

with the NRC’s responsibilities for 

public health and safety and the 

common defense and security. No other 

available alternative is believed to be as 

satisfactory, and therefore, this action is 

recommended. 

XII. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule (§ 72.62) does not apply to 

this direct final rule. Therefore, a backfit 

analysis is not required. This direct final 

rule revises Certificate of Compliance 

No. 1029 for the TN Americas LLC 

Standardized Advanced NUHOMS®

System, as currently listed in § 72.214. 

The revision consists of adding 

Amendment No. 4, which revises the 

certificate of compliance’s technical 

specifications as described in Section 

IV, ‘‘Discussion of Changes,’’ of this 

document. 

Amendment No. 4 to Certificate of 

Compliance No. 1029 for the TN 

Americas LLC Standardized Advanced 

NUHOMS® System was initiated by TN 

Americas LLC and was not submitted in 

response to new NRC requirements, or 

an NRC request for amendment. 

Amendment No. 4 applies only to new 

casks fabricated and used under 

Amendment No. 4. These changes do 

not affect existing users of the TN 

Americas LLC Standardized Advanced 

NUHOMS® System, and the current 

renewed Amendment Nos. 1 through 3 

continue to be effective for existing 

users. While current certificate of 

compliance users may comply with the 

new requirements in Amendment No. 4, 

this would be a voluntary decision on 

the part of current users. Additionally, 

the clarifications to the text of the rule 

are editorial in nature, and as such, do 

not fall within the definition of 

backfitting. 

For these reasons, Amendment No. 4 

to Certificate of Compliance No. 1029 

does not constitute backfitting under 

§ 72.62 or § 50.109(a)(1), or otherwise 

represent an inconsistency with the 

issue finality provisions applicable to 

combined licenses in 10 CFR part 52. 

Accordingly, the NRC has not prepared 

a backfit analysis for this rulemaking. 

XIII. Congressional Review Act 

This direct final rule is not a rule as 

defined in the Congressional Review 

Act. 

XIV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document 

ADAMS Accession 

No./Web link/Federal Register 

Citation 

TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance No. 1029, 

letter dated November 15, 2017.

ML17326A125 (Package). 

Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance 

No. 1029, letter dated February 22, 2018.

ML18065A362. 

Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance 

No. 1029, letter dated May 16, 2018.

ML18138A289. 

Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance 

No. 1029, letter dated June 26, 2018.

ML18179A174. 

Revision to TN Americas LLC Request to Add Amendment No. 4 to Certificate of Compliance 

No. 1029, letter dated July 18, 2018.

ML18201A202. 

TN Americas LLC Amendment No. 4 Certificate of Compliance No. 1029 .................................... ML18263A046. 

Technical Specifications for TN Americas LLC Amendment No. 4 to Certificate of Compliance 

No. 1029.

ML18263A045. 

Preliminary Safety Evaluation Report for TN Americas LLC Amendment No. 4 to Certificate of 

Compliance No. 1029.

ML18263A047. 

The NRC may post materials related 

to this document, including public 

comments, on the Federal Rulemaking 

website at http://www.regulations.gov 

under Docket ID NRC–2018–0265. The 

Federal Rulemaking website allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2018–0265); (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Indians, 

Intergovernmental relations, Nuclear 

energy, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 


khammond on DSK30JT082PROD with RULES
66590 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

1Further, Commission regulations provide that 

persons other than political committees ‘‘shall file 

a report or statement . . . in any quarterly reporting 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR part 

72: 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH–LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR–RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 

183, 184, 186, 187, 189, 223, 234, 274 (42 

U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 

2099, 2111, 2201, 2210e, 2232, 2233, 2234, 

2236, 2237, 2238, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

National Environmental Policy Act of 1969 

(42 U.S.C. 4332); Nuclear Waste Policy Act 

of 1982, secs. 117(a), 132, 133, 134, 135, 137, 

141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 

10152, 10153, 10154, 10155, 10157, 10161, 

10165(g), 10168, 10198(a)); 44 U.S.C. 3504 

note. 

■ 2. In § 72.214, Certificate of 

Compliance 1029 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1029. 

Initial Certificate Effective Date: 

February 5, 2003. 

Amendment Number 1 Effective Date: 

May 16, 2005. 

Amendment Number 2 Effective Date: 

Amendment not issued by the NRC. 

Amendment Number 3 Effective Date: 

February 23, 2015. 

Amendment Number 4 Effective Date: 

March 12, 2019. 

SAR Submitted by: Transnuclear, Inc. 

SAR Title: Final Safety Analysis 

Report for the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System for Irradiated Nuclear Fuel. 

Docket Number: 72–1029. 

Certificate Expiration Date: February 

5, 2023. 

Model Number: Standardized 

Advanced NUHOMS®¥24PT1, 

¥24PT4, and ¥32PTH2. 

* * * * * 

Dated at Rockville, Maryland, this 19th day 

of December, 2018. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Executive Director for Operations. 

[FR Doc. 2018–27949 Filed 12–26–18; 8:45 am] 

BILLING CODE 7590–01–P 

FEDERAL ELECTION COMMISSION 

11 CFR Parts 104 and 109 

[Notice 2018–17] 

Reporting Multistate Independent 

Expenditures and Electioneering 

Communications 

AGENCY: Federal Election Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adopting 

final rules to address reporting of 

independent expenditures and 

electioneering communications that 

relate to presidential primary elections 

and that are publicly distributed in 

multiple states but that do not refer to 

any particular state’s primary election. 

DATES: This rule is subject to subject to 

Congressional review. 52 U.S.C. 

30111(d). The effective date is March 

31, 2019. However, at the conclusion of 

the Congressional review, if the effective 

date has been changed, the Commission 

will publish a document in the Federal 

Register to establish the actual effective 

date. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert M. Knop, Assistant General 

Counsel, or Ms. Joanna S. 

Waldstreicher, Attorney, 1050 First St. 

NE, Washington, DC 20463, (202) 694– 

1650 or (800) 424–9530. Documents 

relating to the rulemaking record are 

available on the Commission’s website 

at http://sers.fec.gov/fosers, reference 

REG 2014–02. 

SUPPLEMENTARY INFORMATION: The 

Commission is revising its regulations 

concerning independent expenditures 

and electioneering communications as 

they apply to communications that 

relate to presidential primary elections 

and that are publicly distributed in 

multiple states but that do not refer to 

any particular state’s primary election (a 

‘‘multistate independent expenditure’’ 

or ‘‘multistate electioneering 

communication’’). The Act and 

Commission regulations require persons 

who make independent expenditures 

and electioneering communications to 

report certain information to the 

Commission within specified periods of 

time. See 52 U.S.C. 30104(b)–(c), (f), (g); 

11 CFR 104.3, 104.4, 104.20, 109.10. 

The Commission is revising its 

regulations to clarify when and how 

multistate independent expenditures 

and multistate electioneering 

communications must be reported. 

Although the Commission also 

proposed revising its regulations 

concerning independent expenditures 

by authorized committees of candidates, 

the Commission could not reach 

agreement to revise those regulations at 

this time. See Independent 

Expenditures by Authorized 

Committees; Reporting Multistate 

Independent Expenditures and 

Electioneering Communications, 83 FR 

3996, 3999–4000 (Jan. 29, 2018). The 

Commission may reconsider revisions to 

those regulations in a separate 

rulemaking at a later date. 

Transmission of Final Rules to 

Congress 

Before final promulgation of any rules 

or regulations to carry out the 

provisions of the Federal Election 

Campaign Act, the Commission 

transmits the rules or regulations to the 

Speaker of the House of Representatives 

and the President of the Senate for a 

thirty-legislative-day review period. 52 

U.S.C. 30111(d). The effective date of 

this final rule is March 31, 2019. 

However, at the conclusion of the 

Congressional review, if the effective 

date has been changed, the Commission 

will publish a document in the Federal 

Register to establish the actual effective 

date. 

Explanation and Justification 

I. Background 

The Act and Commission regulations 

require that political committees report 

all disbursements. 52 U.S.C. 

30104(b)(4); 11 CFR 104.3(b). Political 

committees must also itemize their 

disbursements according to specific 

categories. 52 U.S.C. 30104(b)(4); 11 

CFR 104.3(b)(1)–(2). An ‘‘independent 

expenditure’’ is an expenditure that 

expressly advocates the election or 

defeat of a clearly identified federal 

candidate and is not coordinated with 

such candidate (or his or her opponent) 

or political party. 52 U.S.C. 30101(17); 

see also 11 CFR 100.16(a). Under 

existing regulations, a political 

committee (other than an authorized 

committee) that makes independent 

expenditures must itemize those 

expenditures on its regular periodic 

reports, stating, among other things, the 

name of the candidate whom the 

expenditure supports or opposes and 

the office sought by that candidate. 52 

U.S.C. 30104(b)(4)(H)(iii), (6)(B)(iii); 11 

CFR 104.4(a). Any person other than a 

political committee that makes 

independent expenditures aggregating 

in excess of $250 during a calendar year 

must disclose the same information in a 

statement filed with the Commission.1

52 U.S.C. 30104(c); 11 CFR 109.10(b). 


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