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.

Rules and Regulations Federal Register

67929 

Vol. 88, No. 190 

Tuesday, October 3, 2023 

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® 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® 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rule is withdrawn as a result of such 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: 

Rodnika.Murphy@nrc.gov; and Christian 

Jacobs, Office of Nuclear Material Safety 

and Safeguards, telephone: 301–415– 

6825, email: Christian.Jacobs@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 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: 

• 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: Dawn.Forder@nrc.gov. For 

technical questions contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

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

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

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

415–4737, or by email to 

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: 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 PDR.Resource@nrc.gov 

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. 


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67930 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

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® 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-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC to 

reevaluate (or reconsider) its position or 

conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC to 

make a change (other than editorial) to 

the rule, certificate of compliance, or 

technical specifications. 

III. Background 

Section 218(a) of the Nuclear Waste 

Policy Act of 1982, as amended, 

requires that ‘‘[t]he Secretary [of the 

Department of Energy] shall establish a 

demonstration program, in cooperation 

with the private sector, for the dry 

storage of spent nuclear fuel at civilian 

nuclear power reactor sites, with the 

objective of establishing one or more 

technologies that the [Nuclear 

Regulatory] Commission may, by rule, 

approve for use at the sites of civilian 

nuclear power reactors without, to the 

maximum extent practicable, the need 

for additional site-specific approvals by 

the Commission.’’ Section 133 of the 

Nuclear Waste Policy Act states, in part, 

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® Horizontal Modular Storage 

System for Irradiated Nuclear Fuel 

System design and added it to the list 

of NRC-approved cask designs in 

§ 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® Horizontal 

Modular Storage System for Irradiated 

Nuclear Fuel. Renewed Amendment No. 

18 revises the certificate and technical 

specifications as follows: 

• provide a 24PTH improved basket 

design (Type 3) using staggered plates 

similar to EOS–37PTH to simplify 

construction, reduce weight, and 

improve fabricability; 

• 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); 

• 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; 

• update TS Appendix C American 

Society of Mechanical Engineers 

(ASME) Code Alternatives Table C–12 

to add code alternative NG–4231.1; 

• 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; 

• 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’’; 

• 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 


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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®

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 § 72.210 may, consistent 

with the license conditions under 

§ 72.212, load spent nuclear fuel into 

Standardized NUHOMS® 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® Horizontal 

Modular Storage System for Irradiated 

Nuclear Fuel Cask System in § 72.214, 

‘‘List of approved spent fuel storage 

casks.’’ This action does not constitute 

the establishment of a standard that 

contains generally applicable 

requirements. 

VI. Agreement State Compatibility 

Under the ‘‘Agreement State Program 

Policy Statement’’ approved by the 

Commission on October 2, 2017, and 

published in the Federal Register on 

October 18, 2017 (82 FR 48535), this 

rule is classified as Compatibility 

Category NRC—Areas of Exclusive NRC 

Regulatory Authority. The NRC program 

elements in this category are those that 

relate directly to areas of regulation 

reserved to the NRC by the Atomic 

Energy Act of 1954, as amended, or the 

provisions of 10 CFR chapter I. 

Therefore, compatibility is not required 

for program elements in this category. 

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 § 72.214 to 

revise the TN Americas, LLC 

Standardized NUHOMS® 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® 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®

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® 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 tornadogenerated missiles, a design basis 

earthquake, a design basis flood, an 

accidental cask drop, lightning effects, 

fire, explosions, and other incidents. 

This amendment does not reflect a 

significant change in design or 

fabrication of the cask. Because there are 

no significant design or process 

changes, any resulting occupational 

exposure or offsite dose rates from the 

implementation of 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 


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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® 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 §§ 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® 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® 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 (§ 2.810). 

XI. Regulatory Analysis 

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

NRC issued an amendment to 10 CFR 

part 72 to provide for the storage of 

spent nuclear fuel under a general 

license in cask designs approved by the 

NRC. Any nuclear power reactor 

licensee can use NRC-approved cask 

designs to store spent nuclear fuel if (1) 

it notifies the NRC in advance; (2) the 

spent fuel is stored under the conditions 

specified in the cask’s certificate of 

compliance; and (3) the conditions of 

the general license are met. A list of 

NRC-approved cask designs is contained 

in § 72.214. On December 22, 1994 (59 

FR 65898), the NRC issued an 

amendment to 10 CFR part 72 that 

approved Standardized NUHOMS®

Horizontal Modular Storage System for 

Irradiated Nuclear Fuel by adding it to 

the list of NRC-approved cask designs in 

§ 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® 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® 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 

§§ 72.212 and 72.214. Under this 

alternative, each interested 10 CFR part 

72 licensee would have to prepare, and 

the NRC would have to review, a 

separate exemption request, thereby 

increasing the administrative burden 

upon the NRC and the costs to each 

licensee. 

Approval of this direct final rule is 

consistent with previous NRC actions. 

Further, as documented in the 

preliminary safety evaluation report and 

environmental assessment, this direct 

final rule will have no adverse effect on 

public health and safety or the 

environment. This direct final rule has 

no significant identifiable impact or 

benefit on other government agencies. 

Based on this regulatory analysis, the 

NRC concludes that the requirements of 

this direct final rule are commensurate 

with the NRC’s responsibilities for 

public health and safety and the 

common defense and security. No other 

available alternative is believed to be as 

satisfactory; therefore, this action is 

recommended. 

XII. Backfitting and Issue Finality 

The NRC has determined that the 

backfit rule (§ 72.62) does not apply to 

this direct final rule. Therefore, a backfit 

analysis is not required. This direct final 

rule amends Certificate of Compliance 

No. 1004 for the TN Americas, LLC 

Standardized NUHOMS® Horizontal 

Modular Storage System for Irradiated 

Nuclear Fuel, as currently listed in 

§ 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® 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® Horizontal 

Modular Storage System for Irradiated 

Nuclear Fuel, and the current Renewed 

Amendment No. 17 continues to be 

effective for existing users. While 


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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 § 72.62 or 

§ 50.109(a)(1), or otherwise represent an 

inconsistency with the issue finality 

provisions applicable to combined 

licenses in 10 CFR part 52. Accordingly, 

the NRC has not prepared a backfit 

analysis for this rulemaking. 

XIII. Congressional Review Act 

This direct final rule is not a rule as 

defined in the Congressional Review 

Act. 

XIV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons as indicated. 

Document 

ADAMS 

Accession No./ 

web link/Federal Register 

citation 

Proposed Certificate of Compliance and Proposed Technical Specifications 

Proposed NUHOMS 1004 Amendment No. 18 Certificate of Compliance ........................................................... ML23058A330 

Proposed NUHOMS 1004 Amendment No. 18 Technical Specification Appendix A ........................................... ML23058A332 

Proposed NUHOMS 1004 Amendment No. 18 Technical Specification Appendix B ........................................... ML23058A334 

Proposed NUHOMS 1004 Amendment No. 18 Technical Specification Appendix C .......................................... ML23058A336 

Proposed NUHOMS 1004 Amendment No. 18 Safety Evaluation Report ........................................................... ML23058A328 

Environmental Documents 

Environmental Assessment for Proposed Rule Entitled, ‘‘Storage of Spent Nuclear Fuel in NRC-Approved 

Storage Casks at Nuclear Power Reactor Sites.’’ (1989).

ML051230231 

‘‘Environmental Assessment and Finding of No Significant Impact for the Final Rule Amending 10 CFR Part 

72 License and Certificate of Compliance Terms’’ (2010).

ML100710441 

Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel: Final Report 

(NUREG–2157, Volumes 1 and 2) (2014).

ML14198A440 (package). 

TN Americas, LLC Standardized NUHOMS HMS, Renewed Amendment 18 Application Document 

TN America, LLC, Application for Amendment 18 to Standardized NUHOMS Certificate of Compliance No. 

1004 for Spent Fuel Storage Casks, Revision 0, May 20, 2022.

ML22140A025, 

ML22213A161 

TN Americas, LLC, Submittal of Response to Request for Supplemental Information—Application for Amendment 18 to Standardized NUHOMS Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 1, August 12, 2022.ML22224A041 

Response to Request for Additional Information—Application for Amendment 18 to Standardized NUHOMS 

Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 2, January 20, 2023.

ML23020A920 

Response to Request for Additional Information—Application for Amendment 18 to Standardized NUHOMS 

Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 3, January 27, 2023.

ML23027A056 

Supplemental Response to Request for Additional Information—Application for Amendment 18 to Standardized NUHOMS Certificate of Compliance No. 1004 for Spent Fuel Storage Casks, Revision 4, February 16, 

2023.

ML23047A028 

TN Americas LLC, Second Supplemental Response to 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.

ML23191A075 

TN Americas LLC, Third Supplemental Response to Request 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.

ML23095A100 

Other Documents 

Plain Language in Government Writing, dated June 10, 1998 ............................................................................. 63 FR 31885 

Storage of Spent Fuel In NRC-Approved Storage Casks at Power Reactor Sites: Final Rule, dated July 18, 

1990.

55 FR 29181 

List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel, Certificate of Compliance No. 1004: Direct Final Rule, dated December 22, 

1994.

59 FR 65897 

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 


ddrumheller on DSK120RN23PROD with RULES1
67934 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Rules and Regulations 

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 No. 1004 is revised to read 

as follows: 

§ 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®

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®–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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