44594 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

1Under the CRA, a ‘‘major’’ rule is defined as a 

rule that OMB determines has resulted in or is 

likely to result in (1) an annual effect on the 

economy of $100 million or more; (2) a major 

increase in costs for consumers, individual 

industries, Federal, State, or local government 

agencies, or geographical regions; or (3) a significant 

adverse effect on competition, employment, 

investment, productivity, innovation, or on the 

ability of U.S.-based enterprises to compete with 

foreign-based enterprises in domestic and export 

markets. 

comment period, including comments 

received since July 16, 2021. 

Ur M. Jaddou, 

Director, U.S. Citizenship and Immigration 

Services. 

[FR Doc. 2021–17510 Filed 8–12–21; 8:45 am] 

BILLING CODE 9111–97–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 15, 170, and 171 

[NRC–2018–0292] 

RIN 3150–AK24 

Revision of Fee Schedules; Fee 

Recovery for Fiscal Year 2021 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On June 16, 2021, the U.S. 

Nuclear Regulatory Commission (NRC) 

published a final rule that amends its 

regulations pertaining to user fees and 

annual fees charged to its applicants 

and licensees. These amendments are 

necessary to implement the Nuclear 

Energy Innovation and Modernization 

Act, which, beginning with fiscal year 

2021, requires the NRC to recover, to the 

maximum extent practicable, 

approximately 100 percent of its annual 

budget less certain amounts excluded 

from this fee recovery requirement. In 

addition, the final rule also included 

improvements associated with fee 

invoicing to implement provisions of 

NEIMA. The final rule had an original 

effective date of August 16, 2021. This 

document delays the effective date of 

the final rule to August 20, 2021, to 

ensure that the rule has the 60-day 

delayed effective date required by the 

Congressional Review Act. 

DATES: As of August 13, 2021, the 

effective date of the rule amending 10 

CFR parts 15, 170, and 171 published at 

86 FR 32146, June 16, 2021, is delayed 

until August 20, 2021. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0292 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–2018–0292. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable 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. 

• 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 pdr.resource@nrc.gov or call 

1–800–397–4209 between 8:00 a.m. and 

4:00 p.m. (EST), Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jo 

A. Jacobs, Office of the Chief Financial 

Officer, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–8388, email: 

Jo.Jacobs@nrc.gov. 

SUPPLEMENTARY INFORMATION: On June 

16, 2021 (86 FR 32146), the NRC 

published a final rule that amends the 

licensing, inspection, special project, 

and annual fees charged to its 

applicants and licensees. These 

amendments are necessary to 

implement the Nuclear Energy 

Innovation and Modernization Act 

(NEIMA), which, beginning with fiscal 

year (FY) 2021, requires the NRC to 

recover, to the maximum extent 

practicable, approximately 100 percent 

of its annual budget less certain 

amounts excluded from this fee 

recovery requirement. In addition, the 

final rule also included improvements 

associated with fee invoicing to 

implement provisions of NEIMA. 

The FY 2021 final fee rule had an 

original effective date of August 16, 

2021, which is 60 days after the date of 

publication in the Federal Register. The 

Congressional Review Act (CRA) 

requires a 60-day delay in the effective 

date of any rule determined to be a 

‘‘major’’ rule 1 by the Office of 

Management and Budget (OMB). The 

OMB determined the FY 2021 final fee 

rule to be a major rule under the CRA. 

The 60-day delay in effective date 

begins with the date of publication in 

the Federal Register or the date of 

congressional notification, whichever is 

later. Publication of the FY 2021 final 

fee rule occurred on Wednesday, June 

16, 2021, and congressional notification 

occurred on Thursday, June 17, 2021; 

however, due to the Federal observance 

of the Juneteenth national holiday on 

Friday, June 18, 2021, and the weekend, 

the congressional notification was not 

formally recorded until Monday, June 

21, 2021, a delay of four days. 

Therefore, to ensure that the rule has the 

60-day delayed effective date required 

by the CRA, this document delays the 

effective date of the FY 2021 final fee 

rule until August 20, 2021. 

Dated: August 10, 2021. 

For the Nuclear Regulatory Commission. 

Cherish K. Johnson, 

Chief Financial Officer. 

[FR Doc. 2021–17399 Filed 8–12–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2021–0108] 

RIN 3150–AK64 

List of Approved Spent Fuel Storage 

Casks: TN Americas, LLC, 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System, 

Certificate of Compliance No. 1029, 

Renewal of Initial Certificate and 

Amendment Nos. 1, 3, and 4 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

spent fuel storage regulations by 

revising the TN Americas, LLC, 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

listing within the ‘‘List of approved 

spent fuel storage casks’’ to renew, for 

an additional 40 years, the initial 

certificate and Amendment Nos. 1, 3, 

and 4 of Certificate of Compliance No. 

1029. The renewal of the initial 

certificate and Amendment Nos. 1, 3, 

and 4 revises the certificate of 

compliance’s conditions and technical 

specifications to address aging 

management activities related to the 

structures, systems, and components of 

the dry storage system to ensure that 

these will maintain their intended 

functions during the period of extended 

storage operations. 

DATES: This direct final rule is effective 

October 27, 2021, unless significant 

adverse comments are received by 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 44595 

September 13, 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–2021–0108 

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: 

Christopher Markley, Office of Nuclear 

Material Safety and Safeguards; 

telephone: 301–415–6293, email: 

Christopher.Markley@nrc.gov and Irene 

Wu, Office of Nuclear Material Safety 

and Safeguards, telephone: 301–415– 

1951, email: Irene.Wu@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–2021– 

0108 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–2021–0108. Address 

questions about NRC dockets to Dawn 

Forder, telephone: 301–415–3407, 

email: Dawn.Forder@nrc.gov. For 

technical questions contact the 

individuals 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. 

• 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 pdr.resource@nrc.gov 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– 

0108 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 renewal of 

the initial certificate and Amendment 

Nos. 1, 3, and 4 of Certificate of 

Compliance No. 1029 and does not 

include other aspects of TN Americas, 

LLC, Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System. Amendment No. 2 was 

withdrawn and not issued by the NRC. 

The NRC is using the ‘‘direct final rule 

procedure’’ to issue this renewal 

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 

October 27, 2021. However, if the NRC 

receives any significant adverse 

comments on this direct final rule by 

September 13, 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-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. 


jbell on DSKJLSW7X2PROD with RULES
44596 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

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 January 6, 2003 (68 FR 

463), that approved the Standardized 

Advanced NUHOMS® Horizontal 

Modular Storage System design and 

added it to the list of NRC-approved 

cask designs in § 72.214 as Certificate of 

Compliance No. 1029. 

IV. Discussion of Changes 

On May 22, 2019, TN Americas, LLC 

submitted a request to the NRC to 

renew, for an additional 40 years, the 

initial certificate and Amendment Nos. 

1, 3, and 4 of Certificate of Compliance 

No. 1029 for the Standardized 

Advanced NUHOMS® Horizontal 

Modular Storage System. TN Americas, 

LLC, supplemented its request on 

December 4, 2019, and July 10, 2020. 

The renewals of the initial certificate 

and Amendment Nos. 1, 3, and 4 were 

conducted in accordance with the 

renewal provisions in § 72.240. This 

section of the NRC spent fuel storage 

regulations authorizes NRC staff to 

include any additional certificate 

conditions it deems necessary to ensure 

the safe operation of the cask during the 

certificate’s renewal period. The NRC 

included five additional conditions to 

the renewal of the initial certificate of 

compliance and Amendment Nos. 1, 3, 

and 4: 

• The submittal of an updated final 

safety analysis report (UFSAR) to 

address aging management activities 

resulting from the renewal of the 

certificate of compliance. This condition 

ensures that the UFSAR changes are 

made in a timely fashion to enable 

general licensees using the storage 

system during the period of extended 

operation to develop and implement 

necessary procedures. 

• The requirement that general 

licensees initiating or using spent fuel 

dry storage operations with the 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

ensure that their evaluations are 

included in the reports required by 

§ 72.212, ‘‘Conditions of general license 

issued under § 72.210.’’ These reports 

will include appropriate considerations 

for the period of extended operation, a 

review of the UFSAR changes resulting 

from the certificate of compliance 

renewal, and a review of the NRC Safety 

Evaluation Report (SER) related to the 

certificate of compliance renewal. 

• The requirement that future 

amendments and revisions to this 

certificate of compliance include 

evaluations of the impacts to aging 

management activities to ensure that 

they remain adequate for any changes to 

the structures, systems, and components 

(SSCs). 

• The requirement that general 

licensees not use the OS197, OS197H, 

and OS200FC transfer casks approved 

under Certificate of Compliance No. 

1004 aged 20 years or more to perform 

the transfer cask functions in the 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System. 

This condition prohibits the use of those 

transfer casks aged 20 years or older 

because the renewal application for the 

Certificate of Compliance No. 1004 did 

not assess performance of the transfer 

casks after the initial 20-year period. 

• The requirement that any 

Standardized Advanced NUHOMS®

Horizontal Modular System loaded up 

to and including those loaded on 

February 5, 2023, are considered loaded 

during the term of the initial certificate 

of compliance. 

The NRC made two corresponding 

changes to the technical specifications 

for the initial certificate of compliance 

and Amendment Nos. 1, 3, and 4: 

• Added text to the Transfer Cask 

Section to ensure that the requirements 

of the applicable transfer cask aging 

management program under the 

Renewed Certificate of Compliance No. 

1004 have been satisfied. 

• Added a section to the initial 

certificate of compliance and 

Amendment Nos. 1, 3, and 4 on the 

aging management program, which 

includes establishing, implementing, 

and maintaining written procedures for 

each aging management program 

described in the UFSAR. 

As documented in the preliminary 

SER, the NRC performed a safety 

evaluation of the proposed certificate of 

compliance renewal request. The NRC 

determined that this amendment does 

not change the cask design or 

fabrication requirements in the 

proposed certificate of compliance 

renewal request. The NRC determined 

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 of offsite dose rates from the 

renewal of the initial certificate of 

compliance and Amendment Nos. 1, 3, 

and 4 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. In its SER for the 

renewal of the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System, the NRC has determined that if 

the conditions specified in the 

certificate of compliance to implement 

these regulations are met, adequate 

protection of public health and safety 

will continue to be reasonably assured. 

This direct final rule revises the 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

listing in § 72.214 by renewing for 40 

more years the initial certificate and 

Amendment Nos. 1, 3, and 4 of 

Certificate of Compliance No. 1029. The 

renewal consists of the changes 

previously described, as set forth in the 

renewed initial certificate and 

amendments and their revised technical 

specifications. The revised technical 

specifications are identified in the SER. 

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 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 44597 

impractical. In this direct final rule, the 

NRC revises the TN Americas, LLC 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

design listed 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. 

Although an Agreement State may not 

adopt program elements reserved to the 

NRC, and the Category ‘‘NRC’’ does not 

confer regulatory authority on the State, 

the State may wish to inform its 

licensees of certain requirements by 

means consistent with the particular 

State’s administrative procedure laws. 

VII. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 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 

based on this environmental 

assessment. 

A. The Action 

The action is to amend § 72.214 to 

revise the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System listing within the ‘‘List of 

approved spent fuel storage casks’’ to 

renew, for an additional 40 years, the 

initial certificate and Amendment Nos. 

1, 3, and 4 of Certificate of Compliance 

No. 1029. 

B. The Need for the Action 

This direct final rule renews the 

initial certificate and Amendment Nos. 

1, 3, and 4 of Certificate of Compliance 

No. 1029 for the TN Americas, LLC, 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

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, this rule extends the 

expiration date for the TN Americas, 

LLC, Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System certificate for an additional 40 

years, allowing a power reactor licensee 

to continue using it under general 

license provisions in an independent 

spent fuel storage installation to store 

spent fuel in dry casks in accordance 

with 10 CFR part 72. 

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 the 

renewal of the initial certificate and 

Amendment Nos. 1, 3, and 4 of 

Certificate of Compliance No. 1029 tiers 

off of the environmental assessment for 

the July 18, 1990, final rule. Tiering on 

past environmental assessments is a 

standard process under the National 

Environmental Policy Act of 1969, as 

amended. As required by § 72.240, 

applications for renewal of a spent fuel 

storage certificate of compliance design 

are required to demonstrate that SSCs 

important to safety will continue to 

perform their intended function for the 

requested renewal term. As discussed in 

the NRC staff’s SER for the renewal of 

the initial certificate and Amendment 

Nos. 1, 3, and 4, the NRC staff has 

approved conditions in the renewed 

initial certificate and Amendment Nos. 

1, 3, and 4 requiring the general licensee 

to implement the aging management 

activities described in the renewal 

application and incorporated into the 

UFSAR. These conditions ensure that 

the TN Americas, LLC, Standardized 

Advanced NUHOMS® Horizontal 

Modular Storage System will continue 

to perform its intended safety functions 

and provide reasonable assurance of 

adequate protection of public health and 

safety throughout the renewal period. 

Incremental impacts from continued 

use of the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System under a general license for an 

additional 40 years are not considered 

significant. When the general licensee 

follows all procedures and 

administrative controls, including the 

conditions established because of this 

renewal, no effluents are expected from 

the sealed dry cask systems. Activities 

associated with cask loading and 

decontamination may result in some 

small incremental liquid and gaseous 

effluents, but these activities will be 

conducted under 10 CFR parts 50 and 

52 reactor operating licenses, and 

effluents will be controlled within 

existing reactor site technical 

specifications. Because reactor sites are 

relatively large, any incremental offsite 

doses due to direct radiation exposure 

from the spent fuel storage casks are 

expected to be small, and when 

combined with the contribution from 

reactor operations, well within the 

annual dose equivalent of 0.25 mSv (25 

mrem) limit to the whole body specified 

in § 72.104. Incremental impacts on 

collective occupational exposures due 

to dry cask spent fuel storage are 

expected to be only a small fraction of 

the exposures from operation of the 

nuclear power station. 

The Standardized Advanced 

NUHOMS® Horizontal Modular 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 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. 

During the promulgation of the 

amendments that added subpart K to 10 

CFR part 72 (55 FR 29181; July 18, 

1990), the NRC staff assessed the public 

health consequences of dry cask storage 

accidents and sabotage events. In the 

supporting analyses for these 

amendments, the NRC staff determined 

that a release from a dry cask storage 

system would be comparable in 

magnitude to a release from the same 

quantity of fuel in a spent fuel storage 

pool. As a result of these evaluations, 

the NRC staff determined that, because 


jbell on DSKJLSW7X2PROD with RULES
44598 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

of the physical characteristics of the 

storage casks and conditions of storage 

that include specific security 

provisions, the potential risk to public 

health and safety due to accidents or 

sabotage is very small. 

Considering the specific design 

requirements for each accident or 

sabotage condition, the design of the 

cask would maintain confinement, 

shielding, and criticality control. If 

confinement, shielding, or criticality 

control are maintained, the 

environmental impacts from an accident 

would be insignificant. 

There are no changes to cask design 

or fabrication requirements in the 

renewed initial certificate or 

Amendment Nos. 1, 3, and 4. Because 

there are no significant design or 

process changes, any resulting 

occupational exposure or offsite dose 

rates from the implementation of the 

renewal of the initial certificate and 

Amendment Nos. 1, 3, and 4 would 

remain well within the 10 CFR part 20 

limits. 

In summary, the changes will not 

result in any radiological or nonradiological environmental impacts that 

significantly differ from the 

environmental impacts evaluated in the 

environmental assessment supporting 

the July 18, 1990, final rule. Compliance 

with the requirements of 10 CFR parts 

20 and 72 would provide reasonable 

assurance that adequate protection of 

public health and safety will continue. 

The NRC, in its SER for the renewal of 

the Standardized Advanced NUHOMS®

Horizontal Modular Storage System, has 

determined if the conditions specified 

in the certificate of compliance to 

implement these regulations are met, 

adequate protection of public health and 

safety will continue to be reasonably 

assured. 

Based on the previously stated 

assessments and its SER for the 

requested renewal of the Standardized 

Advanced NUHOMS® Horizontal 

Modular Storage System certificates, the 

NRC has determined that the expiration 

date of this system in 10 CFR 72.214 can 

be safely extended for an additional 40 

years, and that commercial nuclear 

power reactor licensees can continue 

using the system during this period 

under a general license without 

significant impacts on the human 

environment. 

D. Alternative to the Action 

The alternative to this action is to 

deny approval of the renewals and not 

issue the direct final rule. Under this 

alternative, the NRC would either (1) 

require general licensees using the 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System to 

unload the spent fuel from these 

systems and either return it to a spent 

fuel pool or re-load it into a different 

dry storage cask system listed in 10 CFR 

72.214; or (2) require that users of the 

existing Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System request site-specific licensing 

proceedings to continue storage in these 

systems. 

The environmental impacts of 

requiring the licensee to unload the 

spent fuel and either return it to the 

spent fuel pool or re-load it into another 

NRC-approved cask system would result 

in increased radiological doses to 

workers. These increased doses would 

be due primarily to direct radiation from 

the casks while the workers unloaded, 

transferred, and re-loaded the spent 

fuel. These activities would consist of 

transferring the dry storage canisters to 

a cask-handling building, opening the 

canister lid welds, returning the canister 

to a spent fuel pool or dry transfer 

facility, removing the fuel assemblies, 

and re-loading them, either into a spent 

fuel pool storage rack or another NRCapproved dry storage system. In 

addition to the increased occupational 

doses to workers, these activities may 

also result in additional liquid or 

gaseous effluents. 

Alternatively, users of the dry cask 

storage system would need to apply for 

a site-specific license. Under this option 

for implementing the no-action 

alternative, interested licensees would 

have to prepare, and the NRC would 

have to review, each separate license 

application, thereby increasing the 

administrative burden upon the NRC 

and the costs to each licensee. 

In summary, the no-action alternative 

would entail either (1) more 

environmental impacts than the 

preferred action from transferring the 

spent fuel now in the Standardized 

Advanced NUHOMS® Horizontal 

Modular Storage System; or (2) cost and 

administrative impacts from multiple 

licensing actions that, in aggregate, are 

likely to be the same as, or more likely 

greater than, the preferred action. 

E. Alternative Use of Resources 

Renewal of the initial certificate and 

Amendment Nos. 1, 3, and 4 to 

Certificate of Compliance No. 1029 

would result in no irreversible 

commitment of resources. 

F. Agencies and Persons Contacted 

No agencies or persons outside the 

NRC were contacted in connection with 

the preparation of this environmental 

assessment. 

G. Finding of No Significant Impact 

The environmental impacts of the 

action have been reviewed under the 

requirements in the National 

Environmental Policy Act of 1969, as 

amended, and the NRC’s regulations in 

subpart A of 10 CFR part 51, 

‘‘Environmental Protection Regulations 

for Domestic Licensing and Related 

Regulatory Functions.’’ Based on the 

foregoing environmental assessment, the 

NRC concludes that this direct final 

rule, ‘‘List of Approved Spent Fuel 

Storage Casks: TN Americas, LLC, 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System, 

Certificate of Compliance No. 1029, 

Renewal of Initial Certificate and 

Amendment Nos. 1, 3, and 4,’’ will not 

have a significant effect on the human 

environment. Therefore, the NRC has 

determined that an environmental 

impact statement is not necessary for 

this direct final rule. 

IX. Paperwork Reduction Act 

Statement 

This direct final rule does not contain 

any new or amended collections of 

information subject to the Paperwork 

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

et seq.). Existing collections of 

information were approved by the 

Office of Management and Budget, 

approval number 3150–0132. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid Office of 

Management and Budget control 

number. 

X. Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

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

certifies that this direct final rule will 

not, if issued, have a significant 

economic impact on a substantial 

number of small entities. This direct 

final rule affects only nuclear power 

plant licensees and TN Americas, LLC. 

These entities do not fall within the 

scope of the definition of small entities 

set forth in the Regulatory Flexibility 

Act or the size standards established by 

the NRC (§ 2.810). 

XI. Regulatory Analysis 

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

NRC issued an amendment to 10 CFR 

part 72 to provide for the storage of 

spent nuclear fuel under a general 

license in cask designs approved by the 

NRC. Any nuclear power reactor 

licensee can use NRC-approved cask 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 44599 

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 January 6, 2003 (68 FR 

463), the NRC issued an amendment to 

10 CFR part 72 that approved the 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

design by adding it to the list of NRCapproved cask designs in § 72.214 as 

Certificate of Compliance No. 1029. 

On May 22, 2019, TN Americas, LLC 

requested a renewal of the initial 

certificate and Amendment Nos. 1, 3, 

and 4 of the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System for an additional 40 years 

beyond the initial certificate term. TN 

Americas, LLC supplemented its request 

on December 4, 2019, and July 10, 2020. 

Because TN Americas, LLC filed its 

renewal application at least 30 days 

before the certificate expiration date of 

February 5, 2023, pursuant to the timely 

renewal provisions in § 72.240(b), the 

initial issuance of the certificate and 

Amendment Nos. 1, 3, and 4 of 

Certificate of Compliance No. 1029 did 

not expire. 

The alternative to this action is to 

deny approval of the renewal of the 

initial certificate and Amendment Nos. 

1, 3, and 4 of Certificate of Compliance 

No. 1029 and end this direct final rule. 

Under this alternative, the NRC would 

either (1) require general licensees using 

the Standardized Advanced NUHOMS®

Horizontal Modular Storage System to 

unload spent fuel from these systems 

and return it to a spent fuel pool or reload it into a different dry storage cask 

system listed in 10 CFR 72.214; or (2) 

require that users of the existing 

Standardized Advanced NUHOMS®

Horizontal Modular Storage System 

request site-specific licensing 

proceedings to continue storage in these 

systems. Therefore, the no-action 

alternative would result in a significant 

burden on licensees and an additional 

inspection or licensing caseload on the 

NRC. In addition, the no action 

alternative would entail either (1) more 

environmental impacts than the 

preferred action from transferring the 

spent fuel now in the Standardized 

Advanced NUHOMS® Horizontal 

Modular Storage System; or (2) cost and 

administrative impacts from multiple 

licensing actions that, in aggregate, are 

likely to be the same as, or more likely 

greater than, the preferred action. 

Approval of this direct final rule is 

consistent with previous NRC actions. 

Further, as documented in the 

preliminary SER 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 renews Certificate of Compliance 

No. 1029 for the Standardized 

Advanced NUHOMS® Horizontal 

Modular Storage System, as currently 

listed in § 72.214, to extend the 

expiration date of the initial certificate 

and Amendment Nos. 1, 3, and 4 by 40 

years. The renewed initial certificate 

and Amendment Nos. 1, 3, and 4 consist 

of the changes previously described, as 

set forth in the revised certificate of 

compliance and technical 

specifications. 

Extending the effective date of the 

initial certificate and Amendment Nos. 

1, 3, and 4 for 40 more years and 

requiring the implementation of aging 

management activities does not impose 

any modification or addition to the 

design of a cask system’s SSC, or to the 

procedures or organization required to 

operate the system during the initial 20- 

year storage period of the system, as 

authorized by the current certificate. 

General licensees that have loaded these 

casks, or that load these casks in the 

future under the specifications of the 

applicable certificate, may continue to 

store spent fuel in these systems for the 

initial 20-year storage period authorized 

by the original certificate. The aging 

management activities required to be 

implemented by this renewal are only 

required after the storage cask system’s 

initial 20-year service period ends. As 

explained in the 2011 final rule that 

amended 10 CFR part 72 (76 FR 8872, 

Question I), the general licensee’s 

authority to use a particular storage cask 

design under an approved certificate of 

compliance terminates 20 years after the 

date that the general licensee first loads 

the particular cask with spent fuel, 

unless the cask’s certificate of 

compliance is renewed. Because this 

rulemaking renews the initial certificate 

and Amendment Nos. 1, 3, and 4, and 

renewal is a separate licensing action 

voluntarily implemented by vendors, 

the renewal of the initial certificate and 

Amendment Nos. 1, 3, and 4 is not an 

imposition of new or changed 

requirements from which these 

licensees would otherwise be protected 

by the backfitting provisions in 10 CFR 

72.62. 

Even if renewal of the initial 

certificate and Amendment Nos. 1, 3, 

and 4 of Certificate of Compliance No. 

1029 could be considered a backfit, TN 

Americas, LLC, as the holder of the 

certificate of compliance and vendor of 

the casks, is not protected by the 

backfitting provisions in 10 CFR 72.62. 

Unlike a vendor, general licensees 

using the existing systems subject to 

these renewals would be protected by 

the backfitting provisions in 10 CFR 

72.62 if the renewals constituted new or 

changed requirements applicable during 

the initial 20-year storage period. But, as 

previously explained, renewal of the 

initial certificate and Amendment Nos. 

1, 3, and 4 of Certificate of Compliance 

No. 1029 does not impose such 

requirements. The general licensee 

using the initial certificate or 

Amendment Nos. 1, 3, or 4 of Certificate 

of Compliance No. 1029 may continue 

storing material in their respective cask 

systems for the initial 20-year storage 

period identified in the applicable 

certificate or amendment with no 

changes. If general licensees choose to 

continue to store spent fuel in 

Standardized Advanced NUHOMS®

Horizontal Modular Storage Systems 

after the initial 20-year period, these 

general licensees will be required to 

implement aging management activities 

for any cask systems subject to a 

renewed certificate of compliance, but 

such continued use is voluntary. 

For these reasons, renewing the initial 

certificate and Amendment Nos. 1, 3, 

and 4 of Certificate of Compliance No. 

1029, and imposing the additional 

conditions previously discussed, does 

not constitute backfitting under § 72.62, 

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. 


jbell on DSKJLSW7X2PROD with RULES
44600 Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 

Document ADAMS accession No. 

TN Americas, LLC Renewal Application for the Standardized NUHOMS® Horizontal Modular Storage System Certificate of Compliance No. 1029, dated May 22, 2019.ML19148A484 (package). 

TN Americas, LLC Response to Request for Supplemental Information for the Technical Review of the Application 

for Certificate of Compliance No. 1029, dated December 4, 2019.

ML19338E132. 

TN Americas, LLC Response to Request for Additional Information of the Application for Renewal of the Certificate 

of Compliance No. 1029, dated May 28, 2020.

ML20192A127. 

User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue (Amendment Number 

0), Amendment Numbers 1, 3, and 4 to Standardized Advanced NUHOMS® Horizontal Modular Storage System.

ML21067A166. 

Preliminary Safety Evaluation Report for the Standardized Advanced NUHOMS® Horizontal Modular Storage System Certificate of Compliance Renewal.ML21067A167. 

Proposed Certificate of Compliance No. 1029, Renewed Initial Certificate ................................................................... ML21067A168. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Initial Certificate .. ML21067A169. 

Proposed Certificate of Compliance No. 1029, Renewed Amendment No. 1 ................................................................ ML21067A170. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Amendment No. 1 ML21067A171. 

Proposed Certificate of Compliance No. 1029, Renewed Amendment No. 3 ................................................................ ML21067A172. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Amendment No. 3 ML21067A173. 

Proposed Certificate of Compliance No. 1029, Renewed Amendment No. 4 ................................................................ ML21067A174. 

Proposed Technical Specifications, Attachment A, Certificate of Compliance No. 1029, Renewed Amendment No. 4 ML21067A175. 

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–2021–0108. 

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 

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. 1029 is revised to read 

as follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1029. 

Initial Certificate Effective Date: 

February 5, 2003, superseded by 

Renewed Initial. 

Certificate Effective Date: October 27, 

2021. 

Amendment Number 1 Effective Date: 

May 16, 2005, superseded by Renewed. 

Amendment Number 1 Effective Date: 

October 27, 2021. 

Amendment Number 2 Effective Date: 

Amendment not issued by the NRC. 

Amendment Number 3 Effective Date: 

February 23, 2015, superseded by 

Renewed. 

Amendment Number 3 Effective Date: 

October 27, 2021. 

Amendment Number 4 Effective Date: 

March 12, 2019, superseded by 

Renewed. 

Amendment Number 4 Effective Date: 

October 27, 2021. 

SAR Submitted by: Transnuclear, Inc., 

now TN Americas, LLC. 

Renewal SAR Submitted by: TN 

Americas, LLC. 

SAR Title: Final Safety Analysis 

Report for the Standardized Advanced 

NUHOMS® Horizontal Modular Storage 

System for Irradiated Nuclear Fuel. 

Docket Number: 72–1029. 

Certificate Expiration Date: February 

5, 2023. 

Renewed Certificate Expiration Date: 

February 5, 2063. 

Model Number: Standardized 

Advanced NUHOMS®–24PT1, –24PT4, 

and –32PTH2.

* * * * * 

Dated: August 6, 2021. 

For the Nuclear Regulatory Commission. 

Daniel H. Dorman, 

Acting Executive Director for Operations. 

[FR Doc. 2021–17193 Filed 8–12–21; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2021–0669; Project 

Identifier MCAI–2021–00314–T; Amendment 

39–21690; AD 2021–17–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Canada Limited Partnership (Type 

Certificate Previously Held by C Series 

Aircraft Limited Partnership (CSALP); 

Bombardier, Inc.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus Canada Model BD–500–1A10 

and BD–500–1A11 airplanes. This AD 

was prompted by the potential for the 

flexible hose assembly of the fuel 

motive flow (MF), installed between the 

pylon and wing, to be installed twisted 

in the shroud, which can restrict the 

flow of fuel for the MF and cause fuel 

imbalance and damage to the shroud 

assembly. This AD requires inspecting 

for damage of the left and right MF fuel 

line assemblies (including the flexiblehose and shroud assemblies), and 

replacing damaged parts, as specified in 

a Transport Canada Civil Aviation 

(TCCA) AD, which is incorporated by 

reference. The FAA is issuing this AD 


jbell on DSKJLSW7X2PROD with RULES