[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66585-66590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27949]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2018-0265]
RIN 3150-AK20


List of Approved Spent Fuel Storage Casks: TN Americas LLC 
Standardized Advanced NUHOMS[supreg] System, Certificate of Compliance 
No. 1029, Amendment No. 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the TN Americas LLC 
Standardized Advanced NUHOMS[supreg] Horizontal Modular Storage System 
(NUHOMS[supreg] System) listing within the ``List of approved spent 
fuel storage casks'' to include Amendment No. 4 to Certificate of 
Compliance No. 1029. Amendment No. 4 revises the certificate of 
compliance's technical specifications to: clarify the applicability of 
unloading procedures and training modules relative to spent fuel pool 
availability; credit the use of the installed temperature monitoring 
system specified in lieu of performing daily visual vent inspections; 
establish dose rates on the front inlet bird screen and the door of the 
concrete storage module for the Advanced Horizontal Storage Module; 
modify the criteria for performing Advanced Horizontal Storage Module 
air vent visual inspections; identify the blocked vent time limitations 
for each of the 24PT1 and 24PT4 dry shielded canisters; and provide a 
new temperature rise value for the Advanced Horizontal Storage Module 
with a loaded 24PT4 dry shielded canister.

DATES: This direct final rule is effective March 12, 2019, unless 
significant adverse comments are received by January 28, 2019. If this 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC is able to ensure consideration only for comments 
received on or before this date. Comments received on this direct final 
rule will also be considered to be comments on a companion proposed 
rule published in the Proposed Rules section of this issue of the 
Federal Register.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#793a180b1615573e181515181e111c0b39170b1a571e160f"><span class="__cf_email__" data-cfemail="3b785a495457157c5a57575a5c535e497b554958155c544d">[email protected]</span></a>. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
    <bullet> Email comments to: <a href="/cdn-cgi/l/email-protection#5c0e293039313d3735323b721f3331313932282f1c322e3f723b332a"><span class="__cf_email__" data-cfemail="4113342d242c202a282f266f022e2c2c242f3532012f33226f262e37">[email protected]</span></a>. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
    <bullet> Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    <bullet> Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
    <bullet> Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m.

[[Page 66586]]

(Eastern Time) Federal workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: William Allen, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6877; email: 
<a href="/cdn-cgi/l/email-protection#43142a2f2f2a222e6d022f2f262d032d31206d242c35"><span class="__cf_email__" data-cfemail="2a7d434646434b47046b46464f446a445849044d455c">[email protected]</span></a> or Edward M. Lohr, Office of Nuclear Material 
Safety and Safeguards; telephone: 301-415-0253; email: 
<a href="/cdn-cgi/l/email-protection#fdb8998a9c8f99d3b192958fbd938f9ed39a928b"><span class="__cf_email__" data-cfemail="c782a3b0a6b5a3e98ba8afb587a9b5a4e9a0a8b1">[email protected]</span></a>. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0265 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
    <bullet> Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0265.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available 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 <a href="/cdn-cgi/l/email-protection#6c1c081e421e091f03191e0f092c021e0f420b031a"><span class="__cf_email__" data-cfemail="9aeafee8b4e8ffe9f5efe8f9ffdaf4e8f9b4fdf5ec">[email protected]</span></a>. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
    <bullet> 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[supreg] System 
design. The NRC is using the ``direct final rule procedure'' to issue 
this amendment because it represents a limited and routine change to an 
existing certificate of compliance that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on March 12, 2019. However, if the NRC receives significant 
adverse comments on this direct final rule by January 28, 2019, then 
the NRC will publish a document that withdraws this action and will 
subsequently address the comments received in a final rule as a 
response to the companion proposed rule published in the Proposed Rules 
section of this issue of the Federal Register. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule, certificate of compliance, or technical 
specifications.
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rules section of this 
issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``the Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[the Commission] shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule which added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which

[[Page 66587]]

contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
January 6, 2003 (68 FR 463), that approved the TN Americas LLC 
Standardized Advanced NUHOMS[supreg] System design and added it to the 
list of NRC-approved cask designs provided in Sec.  72.214 as 
Certificate of Compliance No. 1029.

IV. Discussion of Changes

    On November 15, 2017, TN Americas LLC submitted a request to the 
NRC to amend Certificate of Compliance No. 1029 and supplemented its 
request on February 22, 2018, May 16, 2018, June 26, 2018, and July 18, 
2018. Amendment No. 4 revises the technical specifications and final 
safety analysis report as follows:
    <bullet> 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.
    <bullet> Clarify in Technical Specification 5.2.2, ``Training 
Program,'' that training modules associated with unloading operations 
only need to address reflooding if applicable.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> For the 24PT1 dry shielded canister, modify the criteria 
for performing Advanced Horizontal Storage Module air vent visual 
inspections.
    <bullet> 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.
    <bullet> For Technical Specification 5.4, provide more specificity 
regarding the locations at which dose rate measurements are performed, 
and make Technical Specification 5.4 applicable to all dry shielded 
canisters and storage modules authorized for use under Amendment No. 4 
to Certificate of Compliance No. 1029 by adding ``Advanced Horizontal 
Storage Module [AHSM] or,'' removing ``Advanced Horizontal Storage 
Module High Burnup and High Seismic [AHSM-HS],'' or removing 
``32PTH2,'' as appropriate.
    As documented in the preliminary safety evaluation report, the NRC 
performed a detailed safety evaluation of the proposed certificate of 
compliance amendment request. There are no significant changes to cask 
design requirements in the proposed certificate of compliance 
amendment. Considering the specific design requirements for each 
accident condition, the design of the cask would prevent loss of 
containment, shielding, and criticality control in the event of an 
accident. This amendment does not reflect a significant change in 
design or fabrication of the cask. In addition, any resulting 
occupational exposure or offsite dose rates from the implementation of 
Amendment No. 4 would remain well within the 10 CFR part 20 limits. 
There will be no significant change in the types or amounts of any 
effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for, or consequences from, radiological accidents.
    This direct final rule revises the TN Americas LLC Standardized 
Advanced NUHOMS[supreg] System listing in Sec.  72.214 by adding 
Amendment No. 4 to Certificate of Compliance No. 1029. The amendment 
consists of the changes previously described, as set forth in the 
revised certificate of compliance and technical specifications. The 
revised technical specifications are identified and evaluated in the 
preliminary safety evaluation report.
    The amended TN Americas LLC Standardized Advanced NUHOMS[supreg] 
cask design, when used under the conditions specified in the 
certificate of compliance, technical specifications, and the NRC's 
regulations, will meet the requirements of 10 CFR part 72; therefore, 
adequate protection of public health and safety will continue to be 
ensured. When this direct final rule becomes effective, persons who 
hold a general license under Sec.  72.210 may, consistent with the 
license conditions under Sec.  72.212, load spent nuclear fuel into 
those TN Americas LLC Standardized Advanced NUHOMS[supreg] System casks 
that meet the criteria of Amendment No. 4 to Certificate of Compliance 
No. 1029.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the TN Americas LLC Standardized Advanced NUHOMS[supreg] System design 
listed in Sec.  72.214. This action does not constitute the 
establishment of a standard that contains generally applicable 
requirements.

VI. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended, or the provisions of 10 CFR chapter I. Although an 
Agreement State may not adopt program elements reserved to the NRC, and 
the Category ``NRC'' does not confer regulatory authority on the State, 
the State may wish to inform its licensees of certain requirements by 
means consistent with the particular State's administrative procedure 
laws.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend Sec.  72.214 to revise the TN Americas LLC 
Standardized Advanced NUHOMS[supreg] System listing within the ``List 
of approved spent fuel storage casks'' to include Amendment No. 4 to 
Certificate of Compliance No. 1029. Under the National Environmental 
Policy Act of 1969, as amended, and the NRC's regulations in subpart A 
of 10 CFR part

[[Page 66588]]

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

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
TN Americas LLC Standardized Advanced NUHOMS[supreg] System design 
within the list of approved spent fuel storage casks that power reactor 
licensees can use to store spent fuel at reactor sites under a general 
license. Specifically, Amendment No. 4 updates the certificate of 
compliance as described in Section IV, ``Discussion of Changes,'' of 
this document, for the use of the TN Americas LLC Standardized Advanced 
NUHOMS[supreg] System.

C. Environmental Impacts of the Action

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was initially 
analyzed in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 4 tiers off of the 
environmental assessment for the July 18, 1990, final rule. Tiering on 
past environmental assessments is a standard process under the National 
Environmental Policy Act of 1969, as amended.
    The TN Americas LLC Standardized Advanced NUHOMS[supreg] System is 
designed to mitigate the effects of design basis accidents that could 
occur during storage. Design basis accidents account for human-induced 
events and the most severe natural phenomena reported for the site and 
surrounding area. Postulated accidents analyzed for an independent 
spent fuel storage installation, the type of facility at which a holder 
of a power reactor operating license would store spent fuel in casks in 
accordance with 10 CFR part 72, include tornado winds and tornado-
generated missiles, a design basis earthquake, a design basis flood, an 
accidental cask drop, lightning effects, fire, explosions, and other 
events.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of confinement, 
shielding, and criticality control in the event of an accident. If 
there is no loss of confinement, shielding, or criticality control, the 
environmental impacts resulting from an accident would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. Because there are no significant 
design or process changes, any resulting occupational exposure or 
offsite dose rates from the implementation of Amendment No. 4 would 
remain well within the 10 CFR part 20 limits. Therefore, the proposed 
certificate of compliance changes will not result in any radiological 
or non-radiological environmental impacts that significantly differ 
from the environmental impacts evaluated in the environmental 
assessment supporting the July 18, 1990, final rule. There will be no 
significant change in the types or amounts of any effluent released, no 
significant increase in individual or cumulative radiation exposures, 
and no significant increase in the potential for or consequences of 
radiological accidents. The NRC documented its safety findings in a 
preliminary safety evaluation report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
4 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the TN 
Americas LLC Standardized Advanced NUHOMS[supreg] System in accordance 
with the changes described in proposed Amendment No. 4 would have to 
request an exemption from the requirements of Sec. Sec.  72.212 and 
72.214. Under this alternative, interested licensees would have to 
prepare, and the NRC would have to review, a separate exemption 
request, thereby increasing the administrative burden upon the NRC and 
the costs to each licensee. Therefore, the environmental impacts of the 
alternative action would be the same as, or more likely greater than, 
the preferred action.

E. Alternative Use of Resources

    Approval of Amendment No. 4 to Certificate of Compliance No. 1029 
would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51. 
Based on the foregoing environmental assessment, the NRC concludes that 
this direct final rule entitled ``List of Approved Spent Fuel Storage 
Casks: TN Americas LLC Standardized Advanced NUHOMS[supreg] System, 
Certificate of Compliance No. 1029, Amendment No. 4'' will not have a 
significant effect on the human environment. Therefore, the NRC has 
determined that an environmental impact statement is not necessary for 
this direct final rule.

IX. Paperwork Reduction Act Statement

    This direct final rule does not contain any new or amended 
collections of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collections of information were 
approved by the Office of Management and Budget, approval number 3150-
0132.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
Office of Management and Budget control number.

X. Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the 
NRC certifies that this direct final rule will not, if issued, have a 
significant economic impact on a substantial number of small entities. 
This direct final rule affects only nuclear power plant licensees and 
TN Americas LLC. These entities do not fall within the scope of the 
definition of small entities set forth in the Regulatory Flexibility 
Act or the size standards established by the NRC (Sec.  2.810).

XI. Regulatory Analysis

    On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent nuclear fuel under a 
general license in cask designs approved by the NRC. Any nuclear power 
reactor licensee can use NRC-approved cask designs to store spent 
nuclear fuel if it notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's certificate of 
compliance, and the conditions of the

[[Page 66589]]

general license are met. A list of NRC-approved cask designs is 
contained in Sec.  72.214. On January 6, 2003 (68 FR 463), the NRC 
issued an amendment to 10 CFR part 72 that approved the TN Americas LLC 
Standardized Advanced NUHOMS[supreg] System design by adding it to the 
list of NRC-approved cask designs in Sec.  72.214 as Certificate of 
Compliance No. 1029.
    On November 15, 2017, and as supplemented on February 22, 2018, May 
16, 2018, June 26, 2018, and July 18, 2018, TN Americas LLC submitted 
an application to amend the Standardized Advanced NUHOMS[supreg] System 
as described in Section IV, ``Discussion of Changes,'' of this 
document.
    The alternative to this action is to withhold approval of Amendment 
No. 4 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the TN Americas LLC Standardized Advanced 
NUHOMS[supreg] System under the changes described in Amendment No. 4 to 
request an exemption from the requirements of Sec. Sec.  72.212 and 
72.214. Under this alternative, each interested 10 CFR part 72 licensee 
would have to prepare, and the NRC would have to review, a separate 
exemption request, thereby increasing the administrative burden upon 
the NRC and the costs to each licensee.
    Approval of this direct final rule is consistent with previous NRC 
actions. Further, as documented in the preliminary safety evaluation 
report and environmental assessment, this direct final rule will have 
no adverse effect on public health and safety or the environment. This 
direct final rule has no significant identifiable impact or benefit on 
other Government agencies. Based on this regulatory analysis, the NRC 
concludes that the requirements of this direct final rule are 
commensurate with the NRC's responsibilities for public health and 
safety and the common defense and security. No other available 
alternative is believed to be as satisfactory, and therefore, this 
action is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (Sec.  72.62) does not 
apply to this direct final rule. Therefore, a backfit analysis is not 
required. This direct final rule revises Certificate of Compliance No. 
1029 for the TN Americas LLC Standardized Advanced NUHOMS[supreg] 
System, as currently listed in Sec.  72.214. The revision consists of 
adding Amendment No. 4, which revises the certificate of compliance's 
technical specifications as described in Section IV, ``Discussion of 
Changes,'' of this document.
    Amendment No. 4 to Certificate of Compliance No. 1029 for the TN 
Americas LLC Standardized Advanced NUHOMS[supreg] System was initiated 
by TN Americas LLC and was not submitted in response to new NRC 
requirements, or an NRC request for amendment. Amendment No. 4 applies 
only to new casks fabricated and used under Amendment No. 4. These 
changes do not affect existing users of the TN Americas LLC 
Standardized Advanced NUHOMS[supreg] System, and the current renewed 
Amendment Nos. 1 through 3 continue to be effective for existing users. 
While current certificate of compliance users may comply with the new 
requirements in Amendment No. 4, this would be a voluntary decision on 
the part of current users. Additionally, the clarifications to the text 
of the rule are editorial in nature, and as such, do not fall within 
the definition of backfitting.
    For these reasons, Amendment No. 4 to Certificate of Compliance No. 
1029 does not constitute backfitting under Sec.  72.62 or Sec.  
50.109(a)(1), or otherwise represent an inconsistency with the issue 
finality provisions applicable to combined licenses in 10 CFR part 52. 
Accordingly, the NRC has not prepared a backfit analysis for this 
rulemaking.

XIII. Congressional Review Act

    This direct final rule is not a rule as defined in the 
Congressional Review Act.

XIV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                               ADAMS Accession No./Web
                  Document                      link/Federal Register
                                                       Citation
------------------------------------------------------------------------
TN Americas LLC Request to Add Amendment     ML17326A125 (Package).
 No. 4 to Certificate of Compliance No.
 1029, letter dated November 15, 2017.
Revision to TN Americas LLC Request to Add   ML18065A362.
 Amendment No. 4 to Certificate of
 Compliance No. 1029, letter dated February
 22, 2018.
Revision to TN Americas LLC Request to Add   ML18138A289.
 Amendment No. 4 to Certificate of
 Compliance No. 1029, letter dated May 16,
 2018.
Revision to TN Americas LLC Request to Add   ML18179A174.
 Amendment No. 4 to Certificate of
 Compliance No. 1029, letter dated June 26,
 2018.
Revision to TN Americas LLC Request to Add   ML18201A202.
 Amendment No. 4 to Certificate of
 Compliance No. 1029, letter dated July 18,
 2018.
TN Americas LLC Amendment No. 4 Certificate  ML18263A046.
 of Compliance No. 1029.
Technical Specifications for TN Americas     ML18263A045.
 LLC Amendment No. 4 to Certificate of
 Compliance No. 1029.
Preliminary Safety Evaluation Report for TN  ML18263A047.
 Americas LLC Amendment No. 4 to
 Certificate of Compliance No. 1029.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking website at 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,

[[Page 66590]]

as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 
U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 
CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
1. The authority citation for part 72 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 
65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 
2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy 
Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 
5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 
(42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.


0
2. In Sec.  72.214, Certificate of Compliance 1029 is revised to read 
as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1029.
    Initial Certificate Effective Date: February 5, 2003.
    Amendment Number 1 Effective Date: May 16, 2005.
    Amendment Number 2 Effective Date: Amendment not issued by the NRC.
    Amendment Number 3 Effective Date: February 23, 2015.
    Amendment Number 4 Effective Date: March 12, 2019.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
Advanced NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel.
    Docket Number: 72-1029.
    Certificate Expiration Date: February 5, 2023.
    Model Number: Standardized Advanced NUHOMS[supreg]-24PT1, -24PT4, 
and -32PTH2.
* * * * *

    Dated at Rockville, Maryland, this 19th day of December, 2018.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-27949 Filed 12-26-18; 8:45 am]
 BILLING CODE 7590-01-P


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