[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Rules and Regulations]
[Pages 67929-67934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21827]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 88 , No. 190 / Tuesday, October 3, 2023 / 
Rules and Regulations

[[Page 67929]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2023-0131]
RIN 3150-AL03


List of Approved Spent Fuel Storage Casks: TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel, Certificate of Compliance No. 1004, Renewed 
Amendment No. 18

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the TN Americas, LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel listing within the ``List of approved spent 
fuel storage casks'' to include Renewed Amendment No. 18 to Certificate 
of Compliance No. 1004. Because this amendment was submitted subsequent 
to the renewal of the TN Americas, LLC Standardized NUHOMS Horizontal 
Modular Storage System for Irradiated Nuclear Fuel Certificate of 
Compliance No. 1004 and, therefore, subject to the Aging Management 
Program requirements of the renewed certificate, NRC is referring to it 
as ``Renewed Amendment No. 18.'' Renewed Amendment No. 18 amends the 
certificate of compliance to provide an improved basket design, revise 
technical specifications, and incorporate administrative controls 
during short duration independent spent fuel storage installation 
handling operations. The amendment also includes a change to the 
horizontal storage module concrete to allow use of a blended Portland 
cement that meets the requirements of American Society for Testing and 
Materials standards.

DATES: This direct final rule is effective December 18, 2023, unless 
significant adverse comments are received by November 2, 2023. 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-2023-0131, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individual 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: Rodnika Murphy, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-7153, email: 
<a href="/cdn-cgi/l/email-protection#095b666d6760626827447c7b79617049677b6a276e667f"><span class="__cf_email__" data-cfemail="72201d161c1b19135c3f0700021a0b321c00115c151d04">[email protected]</span></a>; and Christian Jacobs, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-6825, email: 
<a href="/cdn-cgi/l/email-protection#e7a48f958e94938e8689c9ad8684888594a7899584c9808891"><span class="__cf_email__" data-cfemail="bffcd7cdd6cccbd6ded191f5dedcd0ddccffd1cddc91d8d0c9">[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 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-2023-0131 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 https://www.regulations.gov and search for Docket ID NRC-2023-0131. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: <a href="/cdn-cgi/l/email-protection#d692b7a1b8f890b9a4b2b3a496b8a4b5f8b1b9a0"><span class="__cf_email__" data-cfemail="256144524b0b634a57414057654b57460b424a53">[email protected]</span></a>. For technical questions contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#154551473b4770667a60677670557b67763b727a63"><span class="__cf_email__" data-cfemail="207064720e7245534f55524345604e52430e474f56">[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: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#6b3b2f3945390e18041e19080e2b051908450c041d"><span class="__cf_email__" data-cfemail="421206106c1027312d37302127022c30216c252d34">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

B. Submitting Comments

    Please include Docket ID NRC-2023-0131 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 individual 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.

[[Page 67930]]

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 direct final rule is limited to the changes contained in 
Renewed Amendment No. 18 to Certificate of Compliance No. 1004 and does 
not include other aspects of the Standardized NUHOMS[supreg] Horizontal 
Modular Storage System for Irradiated Nuclear Fuel Cask System design. 
The NRC is using the ``direct final rule procedure'' to issue this 
amendment because it represents a limited and routine change to an 
existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety 
continues to be reasonably assured. The amendment to the rule will 
become effective on December 18, 2023. However, if the NRC receives any 
significant adverse comment on this direct final rule by November 2, 
2023, 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 or as otherwise 
appropriate. In general, absent significant modifications to the 
proposed revisions requiring republication, the NRC will not initiate a 
second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule, certificate of compliance, or technical 
specifications.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[t]he Commission shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule that added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
December 22, 1994 (59 FR 65897) that approved the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel System design and added it to the list of NRC-approved cask 
designs in Sec.  72.214 as Certificate of Compliance No. 1004.

IV. Discussion of Changes

    On May 20, 2022, and as supplemented on August 12, 2022, January 
20, 2023, January 27, 2023, February 16, 2023, March 8, 2023, and April 
5, 2023, TN Americas, LLC submitted a request to amend Certificate of 
Compliance No. 1004 for the Standardized NUHOMS[supreg] Horizontal 
Modular Storage System for Irradiated Nuclear Fuel. Renewed Amendment 
No. 18 revises the certificate and technical specifications as follows:
    <bullet> provide a 24PTH improved basket design (Type 3) using 
staggered plates similar to EOS-37PTH to simplify construction, reduce 
weight, and improve fabricability;
    <bullet> delete Technical Specification (TS) Appendix A 
inspections, tests, and evaluations requirement for initial horizontal 
storage module delta temperature measurement with a loaded dry shielded 
canister (DSC);
    <bullet> clarify Appendix B technical specification Section 4.3.2 
language related to transfer casks with liquid neutron shields 
regarding the OS197L transfer cask (TC), which is significantly 
different than other TC models;
    <bullet> update TS Appendix C American Society of Mechanical 
Engineers (ASME) Code Alternatives Table C-12 to add code alternative 
NG-4231.1;
    <bullet> clarify in Appendix B TS LCO 3.1.3 that there is no 
transfer time limit associated with the 24PTH-S-LC DSC, consistent with 
existing updated final safety analysis report analysis;
    <bullet> incorporate administrative controls during short duration 
independent spent fuel storage installation handling operations that 
are unanalyzed for tornado hazards in accordance with the guidance 
contained in NRC EGM 22-001, ``Enforcement Discretion for Noncompliance 
of Tornado Hazards Protection Requirements at Independent Spent Fuel 
Storage Installations'';
    <bullet> and change the horizontal storage module concrete to allow 
use of different cement, which is a blended Portland cement meeting the 
requirements of the American Society for Testing and Materials (ASTM) 
C595 standard.
    This amendment also includes an editorial correction to the 
certificate of compliance name/address information by adding a missing 
space between 7160 and Riverwood Drive. The changes to the 
aforementioned documents are identified with revisions bars in the 
margin of each document.
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety evaluation of the proposed certificate of compliance

[[Page 67931]]

amendment request. The NRC determined that this amendment does not 
reflect a significant change in design or fabrication of the cask. 
Specifically, the NRC determined that the design of the cask would 
continue to maintain confinement, shielding, and criticality control in 
the event of each evaluated accident condition. In addition, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Renewed Amendment No. 18 would remain well within the 
limits specified by 10 CFR part 20, ``Standards for Protection Against 
Radiation.'' Thus, the NRC found there will be no significant change in 
the types or amounts of any effluent released, no significant increase 
in the individual or cumulative radiation exposure, and no significant 
increase in the potential for or consequences from radiological 
accidents.
    The NRC determined that the amended Standardized NUHOMS[supreg] 
Horizontal Modular Storage System for Irradiated Nuclear Fuel cask 
design, when used under the conditions specified in the certificate of 
compliance, the technical specifications, and the NRC's regulations, 
will meet the requirements of 10 CFR part 72; therefore, adequate 
protection of public health and safety will continue to be reasonably 
assured. When this direct final rule becomes effective, persons who 
hold a general license under Sec.  72.210 may, consistent with the 
license conditions under Sec.  72.212, load spent nuclear fuel into 
Standardized NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel casks that meet the criteria of Renewed 
Amendment No. 18 to Certificate of Compliance No. 1004.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC revises the 
listing for the Standardized NUHOMS[supreg] Horizontal Modular Storage 
System for Irradiated Nuclear Fuel Cask System 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.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31885).

VIII. Environmental Assessment and Finding of No Significant Impact

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

A. The Action

    The action is to amend Sec.  72.214 to revise the TN Americas, LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel listing within the ``List of approved spent 
fuel storage casks'' to include Renewed Amendment No. 18 to Certificate 
of Compliance No. 1004.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
TN Americas, LLC Standardized NUHOMS[supreg] Horizontal Modular Storage 
System for Irradiated Nuclear Fuel design within the list of approved 
spent fuel storage casks to allow power reactor licensees to store 
spent fuel at reactor sites in casks with the approved modifications 
under a general license. Specifically, Renewed Amendment No. 18 amends 
the certificate of compliance as describes in section IV, ``Discussion 
of Changes,'' of this document, for the use of the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System.

C. Environmental Impacts of the Action

    On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was analyzed 
in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Renewed Amendment No. 18 tiers off 
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 NUHOMS[supreg] Horizontal Modular 
Storage System for Irradiated Nuclear Fuel is designed to mitigate the 
effects of design basis accidents that could occur during storage. 
Design basis accidents account for human-induced events and the most 
severe natural phenomena reported for the site and surrounding area. 
Postulated accidents analyzed for an independent spent fuel storage 
installation, the type of facility at which a holder of a power reactor 
operating license would store spent fuel in casks in accordance with 10 
CFR part 72, can include tornado winds and tornado-generated missiles, 
a design basis earthquake, a design basis flood, an accidental cask 
drop, lightning effects, fire, explosions, and other incidents.
    This amendment does not reflect a significant change in design or 
fabrication of the cask. Because there are no significant design or 
process changes, any resulting occupational exposure or offsite dose 
rates from the implementation of Renewed Amendment No. 18 would remain 
well within the 10 CFR part 20 limits. The NRC has also determined that 
the design of the cask as modified by this rule would maintain 
confinement, shielding, and criticality control in the event of an 
accident. Therefore, the proposed changes will not result in any 
radiological or non-radiological environmental impacts that 
significantly differ from the environmental impacts evaluated in the 
environmental assessment supporting the July 18, 1990, final rule. 
There will be no significant change in the types or significant 
revisions in the amounts of any effluent released, no significant 
increase in the individual or cumulative radiation exposures, and no 
significant increase

[[Page 67932]]

in the potential for, or consequences from, radiological accidents. The 
NRC documented its safety findings in the preliminary safety evaluation 
report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Renewed 
Amendment No. 18 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 NUHOMS[supreg] Horizontal 
Modular Storage System for Irradiated Nuclear Fuel in accordance with 
the changes described in proposed Renewed Amendment No. 18 would have 
to request an exemption from the requirements of Sec. Sec.  72.212 and 
72.214. Under this alternative, interested licensees would have to 
prepare, and the NRC would have to review, a separate exemption 
request, thereby increasing the administrative burden upon the NRC and 
the costs to each licensee. The environmental impacts would be the same 
as the proposed action.

E. Alternative Use of Resources

    Approval of Renewed Amendment No. 18 to Certificate of Compliance 
No. 1004 would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted

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

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.'' Based on the foregoing environmental 
assessment, the NRC concludes that this direct final rule, ``TN 
Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage 
System, Certificate of Compliance No. 1004, Renewed Amendment No. 18,'' 
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 
Standardized NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel. 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 
December 22, 1994 (59 FR 65898), the NRC issued an amendment to 10 CFR 
part 72 that approved Standardized NUHOMS[supreg] Horizontal Modular 
Storage System for Irradiated Nuclear Fuel by adding it to the list of 
NRC-approved cask designs in Sec.  72.214.
    On May 20, 2022, and as supplemented on August 12, 2022, January 
20, 2023, January 27, 2023, February 16, 2023, March 8, 2023, and April 
5, 2023, TN Americas, LLC submitted a request to amend the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel as described in section IV, ``Discussion of Changes,'' of this 
document.
    The alternative to this action is to withhold approval of Renewed 
Amendment No. 18 and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into the TN Americas, LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel under the changes described in Renewed 
Amendment No. 18 to request an exemption from the requirements of 
Sec. Sec.  72.212 and 72.214. Under this alternative, each interested 
10 CFR part 72 licensee would have to prepare, and the NRC would have 
to review, a separate exemption request, thereby increasing the 
administrative burden upon the NRC and the costs to each licensee.
    Approval of this direct final rule is consistent with previous NRC 
actions. Further, as documented in the preliminary safety evaluation 
report and environmental assessment, this direct final rule will have 
no adverse effect on public health and safety or the environment. This 
direct final rule has no significant identifiable impact or benefit on 
other government agencies. Based on this regulatory analysis, the NRC 
concludes that the requirements of this direct final rule are 
commensurate with the NRC's responsibilities for public health and 
safety and the common defense and security. No other available 
alternative is believed to be as satisfactory; therefore, this action 
is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (Sec.  72.62) does not 
apply to this direct final rule. Therefore, a backfit analysis is not 
required. This direct final rule amends Certificate of Compliance No. 
1004 for the TN Americas, LLC Standardized NUHOMS[supreg] Horizontal 
Modular Storage System for Irradiated Nuclear Fuel, as currently listed 
in Sec.  72.214. The amendment consists of the changes in Renewed 
Amendment No. 18 previously described, as set forth in the proposed 
certificate of compliance and technical specifications.
    Renewed Amendment No. 18 to Certificate of Compliance No. 1004 for 
the TN Americas, LLC Standardized NUHOMS[supreg] Horizontal Modular 
Storage System for Irradiated Nuclear Fuel was initiated by TN 
Americas, LLC and was not submitted in response to new NRC 
requirements, or an NRC request for amendment. Renewed Amendment No. 18 
applies only to new casks fabricated and used under Renewed Amendment 
No. 18. These changes do not affect existing users of the TN Americas, 
LLC Standardized NUHOMS[supreg] Horizontal Modular Storage System for 
Irradiated Nuclear Fuel, and the current Renewed Amendment No. 17 
continues to be effective for existing users. While

[[Page 67933]]

current users of this storage system may comply with the new 
requirements in Renewed Amendment No. 18, this would be a voluntary 
decision on the part of current users.
    For these reasons, Renewed Amendment No. 18 to Certificate of 
Compliance No. 1004 does not constitute backfitting under Sec.  72.62 
or Sec.  50.109(a)(1), or otherwise represent an inconsistency with the 
issue finality provisions applicable to combined licenses in 10 CFR 
part 52. Accordingly, the NRC has not prepared a backfit analysis for 
this rulemaking.

XIII. Congressional Review Act

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

XIV. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

----------------------------------------------------------------------------------------------------------------
                        Document                         ADAMS Accession No./ web link/Federal Register citation
----------------------------------------------------------------------------------------------------------------
                    Proposed Certificate of Compliance and Proposed Technical Specifications
----------------------------------------------------------------------------------------------------------------
Proposed NUHOMS 1004 Amendment No. 18 Certificate of     ML23058A330
 Compliance.
Proposed NUHOMS 1004 Amendment No. 18 Technical          ML23058A332
 Specification Appendix A.
Proposed NUHOMS 1004 Amendment No. 18 Technical          ML23058A334
 Specification Appendix B.
Proposed NUHOMS 1004 Amendment No. 18 Technical          ML23058A336
 Specification Appendix C.
Proposed NUHOMS 1004 Amendment No. 18 Safety Evaluation  ML23058A328
 Report.
----------------------------------------------------------------------------------------------------------------
                                             Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled,     ML051230231
 ``Storage of Spent Nuclear Fuel in NRC-Approved
 Storage Casks at Nuclear Power Reactor Sites.'' (1989).
``Environmental Assessment and Finding of No             ML100710441
 Significant Impact for the Final Rule Amending 10 CFR
 Part 72 License and Certificate of Compliance Terms''
 (2010).
Generic Environmental Impact Statement for Continued     ML14198A440 (package).
 Storage of Spent Nuclear Fuel: Final Report (NUREG-
 2157, Volumes 1 and 2) (2014).
----------------------------------------------------------------------------------------------------------------
               TN Americas, LLC Standardized NUHOMS HMS, Renewed Amendment 18 Application Document
----------------------------------------------------------------------------------------------------------------
TN America, LLC, Application for Amendment 18 to         ML22140A025,
 Standardized NUHOMS Certificate of Compliance No. 1004  ML22213A161
 for Spent Fuel Storage Casks, Revision 0, May 20, 2022.
TN Americas, LLC, Submittal of Response to Request for   ML22224A041
 Supplemental Information--Application for Amendment 18
 to Standardized NUHOMS Certificate of Compliance No.
 1004 for Spent Fuel Storage Casks, Revision 1, August
 12, 2022.
Response to Request for Additional Information--         ML23020A920
 Application for Amendment 18 to Standardized NUHOMS
 Certificate of Compliance No. 1004 for Spent Fuel
 Storage Casks, Revision 2, January 20, 2023.
Response to Request for Additional Information--         ML23027A056
 Application for Amendment 18 to Standardized NUHOMS
 Certificate of Compliance No. 1004 for Spent Fuel
 Storage Casks, Revision 3, January 27, 2023.
Supplemental Response to Request for Additional          ML23047A028
 Information--Application for Amendment 18 to
 Standardized NUHOMS Certificate of Compliance No. 1004
 for Spent Fuel Storage Casks, Revision 4, February 16,
 2023.
TN Americas LLC, Second Supplemental Response to         ML23191A075
 Request for Additional Information--Application for
 Amendment 18 to Standardized NUHOMS Certificate of
 Compliance No. 1004 for Spent Fuel Storage Casks,
 Revision 5, March 8, 2023.
TN Americas LLC, Third Supplemental Response to Request  ML23095A100
 for Additional Information--Application for Amendment
 18 to Standardized NUHOMS Certificate of Compliance
 No. 1004 for Spent Fuel Storage Casks, Revision 6,
 April 5, 2023.
----------------------------------------------------------------------------------------------------------------
                                                 Other Documents
----------------------------------------------------------------------------------------------------------------
Plain Language in Government Writing, dated June 10,     63 FR 31885
 1998.
Storage of Spent Fuel In NRC-Approved Storage Casks at   55 FR 29181
 Power Reactor Sites: Final Rule, dated July 18, 1990.
List of Approved Spent Fuel Storage Casks: TN Americas   59 FR 65897
 LLC, NUHOMS[supreg] Horizontal Modular Storage System
 for Irradiated Nuclear Fuel, Certificate of Compliance
 No. 1004: Direct Final Rule, dated December 22, 1994.
----------------------------------------------------------------------------------------------------------------

    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-2023-0131. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2023-0131); (2) click 
the ``Subscribe'' link; and (3) enter an email address and click on the 
``Subscribe'' link.

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

[[Page 67934]]

following amendments to 10 CFR part 72:

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

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

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


0
2. In Sec.  72.214, Certificate of Compliance No. 1004 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995, superseded by 
Initial Certificate, Revision 1, on April 25, 2017, superseded by 
Renewed Initial Certificate, Revision 1, on December 11, 2017.
    Renewed Initial Certificate, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 1 Effective Date: April 27, 2000, superseded by 
Amendment Number 1, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 1, Revision 1, on December 11, 2017.
    Renewed Amendment Number 1, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Amendment Number 2, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 2, Revision 1, on December 11, 2017.
    Renewed Amendment Number 2, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 3 Effective Date: September 12, 2001, superseded 
by Amendment Number 3, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 3, Revision 1, on December 11, 2017.
    Renewed Amendment Number 3, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 4 Effective Date: February 12, 2002, superseded by 
Amendment Number 4, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 4, Revision 1, on December 11, 2017.
    Renewed Amendment Number 4, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 5 Effective Date: January 7, 2004, superseded by 
Amendment Number 5, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 5, Revision 1, on December 11, 2017.
    Renewed Amendment Number 5, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 6 Effective Date: December 22, 2003, superseded by 
Amendment Number 6, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 6, Revision 1, on December 11, 2017.
    Renewed Amendment Number 6, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 7 Effective Date: March 2, 2004, superseded by 
Amendment Number 7, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 7, Revision 1, on December 11, 2017.
    Renewed Amendment Number 7, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 8 Effective Date: December 5, 2005, superseded by 
Amendment Number 8, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 8, Revision 1, on December 11, 2017.
    Renewed Amendment Number 8, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 9 Effective Date: April 17, 2007, superseded by 
Amendment Number 9, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 9, Revision 1, on December 11, 2017.
    Renewed Amendment Number 9, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 10 Effective Date: August 24, 2009, superseded by 
Amendment Number 10, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 10, Revision 1, on December 11, 2017.
    Renewed Amendment Number 10, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 11 Effective Date: January 7, 2014, superseded by 
Amendment Number 11, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 11, Revision 1, on December 11, 2017.
    Renewed Amendment Number 11, Revision 1, Effective Date: December 
11, 2017, as corrected (ADAMS Accession No. ML18018A043).
    Amendment Number 12 Effective Date: Amendment not issued by the 
NRC.
    Amendment Number 13 Effective Date: May 24, 2014, superseded by 
Amendment Number 13, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 13, Revision 1, on December 11, 2017.
    Renewed Amendment Number 13, Revision 1, Effective Date: December 
11, 2017, as corrected (ADAMS Accession No. ML18018A100).
    Amendment Number 14 Effective Date: April 25, 2017, superseded by 
Renewed Amendment Number 14, on December 11, 2017.
    Renewed Amendment Number 14 Effective Date: December 11, 2017.
    Renewed Amendment Number 15 Effective Date: January 22, 2019.
    Renewed Amendment Number 16 Effective Date: September 14, 2020.
    Renewed Amendment Number 17 Effective Date: June 7, 2021.
    Renewed Amendment Number 18 Effective Date: December 18, 2023.
    SAR Submitted by: TN Americas LLC.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Renewed Certificate Expiration Date: January 23, 2055.
    Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *

    Dated: September 26, 2023.

    For the Nuclear Regulatory Commission.
Scott A. Morris,
Acting Executive Director for Operations.
[FR Doc. 2023-21827 Filed 10-2-23; 8:45 am]
BILLING CODE 7590-01-P


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