[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42681-42686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16702]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2021-0052]
RIN 3150-AK63


List of Approved Spent Fuel Storage Casks: NAC International NAC-
UMS[supreg] Universal Storage System, Certificate of Compliance No. 
1015, Amendment No. 8

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 NAC International NAC-
UMS[supreg] Universal Storage System listing within the ``List of 
approved spent fuel storage casks'' to include Amendment No. 8 to 
Certificate of Compliance No. 1015. Amendment No. 8 revises the 
certificate of compliance to: Add the storage of damaged boiling-water 
reactor spent fuel, including higher enrichment and higher burnup spent 
fuel; change the allowable fuel burnup range; expand the boiling-water 
reactor class 5 fuel inventory that could be stored in the cask; and 
revise definitions in the technical specifications.

DATES: This direct final rule is effective October 19, 2021, unless 
significant adverse comments are received by September 7, 2021. If this 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC is able to ensure consideration only for comments 
received on or before this date. Comments received on this direct final 
rule will also be considered to be comments on a companion proposed 
rule published in the Proposed Rules section of this issue of the 
Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0052, 
at https://www.regulations.gov. If your material cannot be submitted 
using https://www.regulations.gov, call or email the individuals listed 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Bernard White, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6577; email: 
<a href="/cdn-cgi/l/email-protection#410324332f2033256f1629283524012f33226f262e37"><span class="__cf_email__" data-cfemail="c082a5b2aea1b2a4ee97a8a9b4a580aeb2a3eea7afb6">[email protected]</span></a> or James Firth, Office of Nuclear Material Safety 
and Safeguards; telephone: 301-415-6628, email: <a href="/cdn-cgi/l/email-protection#6b210a060e18452d02191f032b051908450c041d"><span class="__cf_email__" data-cfemail="3b715a565e48157d52494f537b554958155c544d">[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

[[Page 42682]]

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2021-0052 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-2021-0052. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: <a href="/cdn-cgi/l/email-protection#abefcadcc585edc4d9cfced9ebc5d9c885ccc4dd"><span class="__cf_email__" data-cfemail="bbffdaccd595fdd4c9dfdec9fbd5c9d895dcd4cd">[email protected]</span></a>. For technical questions contact the 
individuals 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#631307114d1106100c16110006230d11004d040c15"><span class="__cf_email__" data-cfemail="037367712d7166706c76716066436d71602d646c75">[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> Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at <a href="/cdn-cgi/l/email-protection#cebeaabce0bcabbda1bbbcadab8ea0bcade0a9a1b8"><span class="__cf_email__" data-cfemail="6b1b0f1945190e18041e19080e2b051908450c041d">[email protected]</span></a> or call 1-800-397-4209 
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2021-0052 in your comment submission. 
The NRC requests that you submit comments through the Federal 
rulemaking website at https://www.regulations.gov. If your material 
cannot be submitted using https://www.regulations.gov, call or email 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document for alternate instructions.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

    This rule is limited to the changes contained in Amendment No. 8 to 
Certificate of Compliance No. 1015 and does not include other aspects 
of the NAC International NAC-UMS[supreg] Universal Storage System 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. The NRC has determined that, with the requested changes, 
adequate protection of public health and safety will continue to be 
reasonably assured. The amendment to the rule will become effective on 
October 19, 2021. However, if the NRC receives any significant adverse 
comment on this direct final rule by September 7, 2021, then the NRC 
will publish a document that withdraws this action and will 
subsequently address the comments received in a final rule as a 
response to the companion proposed rule published in the Proposed Rules 
section of this issue of the Federal Register. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule, certificate of compliance, or technical 
specifications.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[t]he Commission shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule that added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The casks approved for use under the terms, 
conditions, and specifications of their certificate of compliance or an 
amended certificate of compliance pursuant to this general license are 
listed in Sec.  72.214. The NRC subsequently issued a final rule on 
October 19, 2000 (65 FR 62581), that approved the NAC International 
NAC-UMS[supreg] Universal Storage System cask system design and added 
it to the list of NRC-approved cask designs in Sec.  72.214 as 
Certificate of Compliance No. 1015.

IV. Discussion of Changes

    On December 18, 2018, as supplemented on April 24, 2020, and

[[Page 42683]]

August 7, 2020, NAC International submitted an application to amend the 
NAC International NAC-UMS[supreg] Universal Storage System and the 
associated technical specifications for its use. The NAC International 
NAC-UMS[supreg] Universal Storage System consists of the following 
components: A transportable storage canister (TSC), which contains the 
spent fuel; a vertical concrete cask, which contains the TSC during 
storage; and a transfer cask, which contains the TSC during loading, 
unloading, and transfer operations. Amendment 8 would allow the storage 
of up to four damaged spent nuclear fuel assemblies from boiling-water 
reactors per cask and would allow a basket to hold the damaged boiling-
water reactor spent nuclear fuel. Amendment No. 8 revises the 
certificate of compliance to (1) add the storage of damaged boiling-
water reactor spent fuel, including higher enrichment and higher burnup 
spent fuel; (2) change the allowable fuel burnup range; (3) expand the 
boiling-water reactor class 5 fuel inventory that could be stored in 
the cask; and (4) change definitions in the technical specifications 
that are associated with the contents of the spent nuclear fuel stored 
in the cask (e.g., high burnup fuel and initial peak planar-average 
enrichment).
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety evaluation of the proposed certificate of compliance 
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. 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. 8 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 staff determined that the amended NAC International NAC-
UMS[supreg] Universal Storage System 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 the NAC International NAC-UMS[supreg] 
Universal Storage System that meet the criteria of Amendment No. 8 to 
Certificate of Compliance No. 1015.

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 
NAC International NAC-UMS[supreg] Universal Storage System listed in 
Sec.  72.214, ``List of approved spent fuel storage casks.'' This 
action does not constitute the establishment of a standard that 
contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Agreement State Program Policy Statement'' approved by 
the Commission on October 2, 2017, and published in the Federal 
Register on October 18, 2017 (82 FR 48535), this rule is classified as 
Compatibility Category NRC--Areas of Exclusive NRC Regulatory 
Authority. The NRC program elements in this category are those that 
relate directly to areas of regulation reserved to the NRC by the 
Atomic Energy Act of 1954, as amended, or the provisions of 10 CFR 
chapter I. Therefore, compatibility is not required for program 
elements in this category. Although an Agreement State may not adopt 
program elements reserved to the NRC, and the Category ``NRC'' does not 
confer regulatory authority on the State, the State may wish to inform 
its licensees of certain requirements by means consistent with the 
State's administrative procedure laws.

VII. Plain Writing

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

VIII. Environmental Assessment and Finding of No Significant Impact

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

A. The Action

    The action is to amend Sec.  72.214 to revise the NAC International 
NAC-UMS[supreg] Universal Storage System listing within the ``List of 
approved spent fuel storage casks'' to include Amendment No. 8 to 
Certificate of Compliance No. 1015.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
NAC International NAC-UMS[supreg] Universal Storage System 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, Amendment 
No. 8 would allow the storage of up to four damaged spent nuclear fuel 
assemblies from boiling-water reactors per cask and would allow a 
basket to hold the damaged boiling-water reactor spent nuclear fuel. 
Amendment 8 would change the allowable fuel burnup range. Amendment 8 
expands the boiling-water reactor class 5 fuel inventory that could be 
stored in the cask. Amendment 8 would also include changes to 
definitions in the technical specifications that are associated with 
the contents of the spent nuclear fuel stored in the cask (i.e., high 
burnup fuel and initial peak planar-average enrichment).

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 Amendment No. 8 tiers off of the 
environmental assessment for the July

[[Page 42684]]

18, 1990, final rule. Tiering on past environmental assessments is a 
standard process under the National Environmental Policy Act of 1969, 
as amended.
    The NAC International NAC-UMS[supreg] Universal Storage System is 
designed to mitigate the effects of design basis accidents that could 
occur during storage. Design basis accidents account for human-induced 
events and the most severe natural phenomena reported for the site and 
surrounding area. Postulated accidents analyzed for an independent 
spent fuel storage installation, the type of facility at which a holder 
of a power reactor operating license would store spent fuel in casks in 
accordance with 10 CFR part 72, can include tornado winds and tornado-
generated missiles, a design basis earthquake, a design basis flood, an 
accidental cask drop, lightning effects, fire, explosions, and other 
incidents.
    The design of the cask would provide confinement, shielding, and 
criticality control in the event of each evaluated accident condition. 
If confinement, shielding, and criticality control are maintained, 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. 8 would 
remain well within the 10 CFR part 20 limits. 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 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 Amendment No. 
8 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the NAC-
UMS[supreg] Universal Storage System in accordance with the changes 
described in proposed Amendment No. 8 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 Amendment No. 8 to Certificate of Compliance No. 1015 
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, ``List of Approved Spent Fuel Storage Casks: 
NAC International NAC-UMS[supreg] Universal Storage System, Certificate 
of Compliance No. 1015, Amendment No. 8,'' 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

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) (RFA) 
requires agencies to consider the impact of their rules on small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions. Agencies must perform a review to 
determine whether a rule will have a significant economic impact on a 
substantial number of small entities. If the agency determines that it 
will, the agency must prepare a regulatory flexibility analysis as 
described in sections 603 and 604 of the RFA. However, if an agency 
determines that a rule is not expected to have a significant economic 
impact on a substantial number of small entities, section 605(b) of the 
RFA provides that a regulatory flexibility analysis is not required if 
the head of the agency certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. The certification must include a statement providing 
the factual basis for this determination and the reasoning should be 
clear. The Executive Director for Operations has been delegated the 
authority to ensure this rule complies with the Regulatory Flexibility 
Act.
    The NRC has established size standards at 10 CFR 2.810. This direct 
final rule affects only those authorized to possess or operate nuclear 
power reactors and NAC International. NAC International is owned by 
Hitz Holdings U.S.A. Inc., a wholly owned subsidiary of Hitachi Zosen 
Corporation, which is not a small entity. Under 10 CFR 2.810(e), a 
licensee who is a subsidiary of a large entity does not qualify as a 
small entity. This direct final rule would allow persons authorized to 
possess or operate a nuclear power reactor, who hold a general license 
under Sec.  72.210, consistent with the license conditions under Sec.  
72.212, to load spent nuclear fuel into the NAC International NAC-
UMS[supreg] Universal Storage System that meet the criteria of 
Amendment No. 8 to Certificate of Compliance No. 1015. The use of this 
general license to store spent nuclear fuel using Amendment No. 8 to 
Certificate of Compliance No. 1015 would reduce the need for and burden 
from requesting additional site-specific approvals and exemptions. 
Also, based on the NRC size standards at 10 CFR 2.810, none of the 
existing nuclear power plants storing spent nuclear fuel are small 
entities. Pursuant to its delegated authority, the Executive Director 
for Operations certifies under section 605 of the Regulatory 
Flexibility Act ``that the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.''

[[Page 42685]]

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) and the conditions of the general license are met. 
A list of NRC-approved cask designs is contained in Sec.  72.214. On 
October 19, 2000 (65 FR 62581), the NRC issued an amendment to 10 CFR 
part 72 that approved the NAC International NAC-UMS[supreg] Universal 
Storage System by adding it to the list of NRC-approved cask designs in 
Sec.  72.214.
    On December 18, 2018, as supplemented on April 24, 2020, and August 
7, 2020, NAC International submitted an application to amend the NAC 
International NAC-UMS[supreg] Universal Storage System as described in 
Section IV, ``Discussion of Changes,'' of this document. When this 
direct final rule becomes effective, persons authorized to possess or 
operate a nuclear power reactor and who hold a general license under 
Sec.  72.210 would be allowed to load spent nuclear fuel into the NAC 
International NAC-UMS[supreg] Universal Storage System that meet the 
criteria of Amendment No. 8 to Certificate of Compliance No. 1015, 
consistent with the license conditions under Sec.  72.212.
    The alternative to this action is to withhold approval of Amendment 
No. 8 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into the NAC International NAC-UMS[supreg] 
Universal Storage System under the changes described in Amendment No. 8 
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 revises Certificate of Compliance No. 
1015 for the NAC International NAC-UMS[supreg] Universal Storage 
System, as currently listed in Sec.  72.214. The revision consists of 
the changes in Amendment No. 8 previously described, as set forth in 
the revised certificate of compliance and technical specifications.
    Amendment No. 8 to Certificate of Compliance No. 1015 for the NAC 
International NAC-UMS[supreg] Universal Storage System was initiated by 
NAC International and was not submitted in response to new NRC 
requirements, or an NRC request for amendment. Amendment No. 8 applies 
only to new casks fabricated and used under Amendment No. 8. These 
changes do not affect existing users of the NAC International NAC-
UMS[supreg] Universal Storage System, and the current Amendment No. 7 
continues to be effective for existing users. While current users of 
this storage system may comply with the new requirements in Amendment 
No. 8, this would be a voluntary decision on the part of current users.
    For these reasons, Amendment No. 8 to Certificate of Compliance No. 
1015 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.
------------------------------------------------------------------------
Submission of a Request to Amend the U.S.       ML20006D749
 Nuclear Regulatory Commission Certificate of
 Compliance No. 1015 for the NAC-UMS Cask
 System, December 18, 2019.
Application for Amendment No. 8 to the Model    ML20076A546
 No. NAC-UMS Storage Cask--Acceptance Letter,
 March 17, 2020.
NAC International, Submittal of Supplement to   ML20122A201
 Amend the NRC Certificate of Compliance No.
 1015 for the NAC-UMS Cask System, April 24,
 2020.
Application for Amendment No. 8 to the Model    ML20170A800
 No. NAC-UMS Storage Cask--Request for
 Additional Information, June 25, 2020.
Submission of Responses to the U.S. Nuclear     ML20227A066
 Regulatory Commission Request for Additional
 Information for Certificate of Compliance No.
 1015 for the NAC-UMS Cask System, August 7,
 2020.
Memorandum to J. Cai re: User Need for          ML20358A255
 Rulemaking for Amendment No. 8 Request,
 February 23, 2021.
Proposed Certificate of Compliance No. 1015     ML20358A257
 Amendment No. 8, Technical Specifications,
 Appendix A.
Proposed Certificate of Compliance No. 1015,    ML20358A258
 Amendment No. 8, Technical Specifications
 Appendix B.
Draft Certificate of Compliance No. 1015        ML20358A256
 Amendment No. 8.
Certificate of Compliance No. 1015 Amendment    ML20358A259
 No. 8, Preliminary Safety Evaluation Report.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2021-0052.

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

[[Page 42686]]

Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 
1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 
5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 
10 CFR part 72:

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

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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.

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2. In Sec.  72.214, revise Certificate of Compliance No. 1015 to read 
as follows:

Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1015.
    Initial Certificate Effective Date: November 20, 2000.
    Amendment Number 1 Effective Date: February 20, 2001.
    Amendment Number 2 Effective Date: December 31, 2001.
    Amendment Number 3 Effective Date: March 31, 2004.
    Amendment Number 4 Effective Date: October 11, 2005.
    Amendment Number 5 Effective Date: January 12, 2009.
    Amendment Number 6 Effective Date: January 7, 2019.
    Amendment Number 7 Effective Date: July 29, 2019.
    Amendment Number 8 Effective Date: October 19, 2021.
    SAR Submitted by: NAC International, Inc.
    SAR Title: Final Safety Analysis Report for the NAC-UMS Universal 
Storage System.
    Docket Number: 72-1015.
    Certificate Expiration Date: November 20, 2020.
    Model Number: NAC-UMS.
* * * * *

    Dated: July 26, 2021.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-16702 Filed 8-4-21; 8:45 am]
BILLING CODE 7590-01-P


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