Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44259 

subcommittee. Subcommittees then 

report their conclusions and 

recommendations to the Committee. 

Given all the information available to 

the Committee and its own 

deliberations, the Committee made a 

recommendation to USDA on the 

assessment rate and the proposed 

budget. 

This rule increases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some portion of 

assessments may be passed on to 

producers. However, these costs are 

expected to be offset by benefits derived 

by the operation of the Order. 

Various subcommittees’ meetings and 

the Committee’s meeting were widely 

publicized throughout the California 

olive industry. All interested persons 

were invited to attend meetings and 

encouraged to participate in 

deliberations. Like all meetings, 

subcommittee meetings held on 

November 5, 2020 and the full 

Committee meeting held on December 8, 

2020, were public meetings and all 

entities, both large and small scale, were 

able to express views on this issue. 

Finally, interested persons were invited 

to submit comments on this rule, 

including regulatory and information 

collection impacts of this action on 

small businesses. 

In accordance with the Paperwork 

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

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by the OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes in those requirements are 

necessary as a result of this rule. Should 

any changes become necessary, they 

would be submitted to OMB for 

approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small- or largescale California olive handlers. As with 

all Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on April 8, 2021 (86 FR 18216). 

Copies of the proposal were provided by 

the Committee to members and 

handlers. Finally, the proposed rule was 

made available through the internet by 

USDA and the Office of the Federal 

Register. A 45-day comment period 

ending May 24, 2021, was provided to 

allow interested persons to respond to 

the proposal. No comments were 

received. Accordingly, no changes were 

made to the rule proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 932 

Marketing agreements, Olives, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 932 is amended as 

follows: 

PART 932—OLIVES GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 932 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 932.230 is revised to read 

as follows: 

§ 932.230 Assessment rate. 

On and after January 1, 2021, an 

assessment rate of $30.00 per ton is 

established for California olives. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–17237 Filed 8–11–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 993 

[Doc. No. AMS–SC–20–0104; SC21–993–1 

FR] 

Dried Prunes Produced in California; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the Prune 

Marketing Committee to increase the 

assessment rate established for the 

2020–21 and subsequent crop years. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective September 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Bianca Bertrand, Management and 

Program Analyst, or Gary D. Olson, 

Acting Regional Director, California 

Marketing Field Office, Marketing Order 

and Agreement Division, Specialty 

Crops Program, AMS, USDA; 

Telephone: (559) 487–5901 or email: 

BiancaM.Bertrand@usda.gov or 

GaryD.Olson@usda.gov. Small 

businesses may request information on 

complying with this regulation by 

contacting Richard Lower, Marketing 

Order and Agreement Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

amends regulations issued to carry out 

a marketing order as defined in 7 CFR 

900.2(j). This final rule is issued under 

Marketing Agreement and Order No. 

993, as amended (7 CFR part 993), 

regulating the handling of dried prunes 

produced in California. Part 993 

(referred to as the ‘‘Order’’) is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’ The Prune Marketing 

Committee (Committee) locally 

administers the Order and is comprised 

of producers and handlers of dried 

prunes operating within the production 

area, and a public member. The crop 

year for this Order runs from August 1 

to July 31. 

The Department of Agriculture 

(USDA) is issuing this final rule in 

conformance with Executive Orders 

12866 and 13563. Executive Orders 


lotter on DSK11XQN23PROD with RULES1
44260 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 

12866 and 13563 direct agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. 

This final rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

tribal implications. Agricultural 

Marketing Service (AMS) has 

determined that this final rule is 

unlikely to have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the order now in 

effect, California dried prune handlers 

are subject to assessments. Funds to 

administer the order are derived from 

such assessments. The assessment rate 

is applicable to all assessable dried 

prunes for the 2020–21 crop year and 

would continue until amended, 

suspended, or terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such a 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing, USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed no later than 

20 days after the date of the entry of the 

ruling. 

This final rule increases the 

assessment rate from $0.25 per ton of 

salable dried prunes, the rate that was 

established for the 2019–20 and 

subsequent crop years, to $0.28 per ton 

of salable dried prunes for the 2020–21 

and subsequent crop years. 

The Order authorizes the Committee, 

with the approval of USDA, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. Members are 

familiar with the Committee’s needs and 

with the cost of goods and services in 

their local area and can formulate an 

appropriate budget and assessment rate. 

The assessment rate is formulated and 

discussed in a public meeting. All 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2019–20 and subsequent crop 

years, the Committee recommended, 

and USDA approved, an assessment rate 

of $0.25 per ton of salable dried prunes. 

That assessment rate continues in effect 

from crop year to crop year unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the 

Committee or other information 

available to USDA. 

The Committee met on December 10, 

2020, and unanimously recommended 

expenditures of $24,550 and an 

assessment rate of $0.28 per ton of 

salable dried prunes handled for the 

2020–21 and subsequent crop years. In 

comparison, last year’s budgeted 

expenditures were $24,500. The $0.28 

per ton assessment rate is $0.03 higher 

than the rate currently in effect. The 

Committee recommended increasing the 

assessment rate due to a smaller crop, 

and to provide adequate income along 

with carryforward/contingency funds 

and interest income to cover all the 

Committee’s budgeted expenses for the 

2020–21 crop year. 

Major expenditures recommended by 

the Committee for the 2020–21 crop 

year include $13,700 for personnel 

expenses and $10,850 for operating 

expenses. Budgeted expenses for these 

items for the 2019–20 crop year were 

$13,300 and $11,200, respectively. 

The Committee derived the 

recommended assessment rate by 

considering anticipated expenses and an 

estimated crop of 50,000 tons of salable 

dried prunes. Income derived from 

handler assessments, calculated at 

$14,000 (50,000 tons salable dried 

prunes multiplied by $0.28 assessment 

rate), along with carryforward/ 

contingency funds and interest income 

($11,682), will be adequate to cover 

budgeted expenses of $24,550. 

The assessment rate established by 

this rule will continue in effect 

indefinitely until modified, suspended, 

or terminated by USDA upon 

recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate will be 

in effect for an indefinite period, the 

Committee will continue to meet prior 

to or during each crop year to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. 

Dates and times of Committee meetings 

are available from the Committee or 

USDA. 

Committee meetings are open to the 

public and interested persons may 

express their views at these meetings. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking would be 

undertaken as necessary. The 

Committee’s 2020–21 crop year budget, 

and those for subsequent crop years, 

will be reviewed and, as appropriate, 

approved by USDA. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this final rule 

on small entities. Accordingly, AMS has 

prepared this final regulatory flexibility 

analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 800 

producers of dried prunes in the 

production area and 20 handlers subject 

to the regulation under the Order. Small 

agricultural producers are defined by 

the Small Business Administration 

(SBA) as those having annual receipts of 

less than $1,000,000, and small 

agricultural service firms have been 

defined as those whose annual receipts 

are less than $30,000,000 (13 CFR 

121.201). 

According to the National 

Agricultural Statistics Service (NASS), 

the national average producer price for 

California dried prunes for the 2019–20 

crop year was $1,510 per ton. 

Committee data indicates that the 

California dried prune total production 

was 110,000 tons in the 2019–20 crop 

year. The total 2019–20 crop year value 

of California dried prunes was 


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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 44261 

$166,100,000 (110,000 tons times $1,510 

per ton equals $166,100,000). Dividing 

the crop value by the estimated number 

of producers (800) yields an estimated 

average receipt per producer of 

$207,625. 

According to USDA Market News 

data, the reported terminal price for 

2019 for California dried prunes ranged 

between $30.02 to $32.59 per 28-pound 

carton. The average of this range is 

$31.31 ($30.02 plus $32.59 divided by 2 

equals $31.31). Dividing the average 

value by the 28-pound carton yields an 

estimated average price per pound of 

$1.12 ($31.31 average value for 28- 

pound carton divided by 28). 

The handler price for prunes is $2,240 

per ton ($1.12 per pound multiplied by 

2,000 pounds per ton equals $2,240 per 

ton). Multiplying 2019–20 California 

dried prune total production of 110,000 

tons by the estimated average price per 

ton of $2,240 equals $246,400,000. 

Dividing this figure by 20 regulated 

handlers yields estimated average 

annual handler receipts of $12,320,000. 

Therefore, using the above data, the 

majority of producers and handlers of 

California dried prunes may be 

classified as small entities. 

As noted above, the average price 

received per ton by producers in the 

preceding crop year was $1,510 per ton 

of salable dried prunes. Given the 

estimated tonnage of 50,000 tons salable 

dried prunes for the 2020–21 crop year, 

the total producer revenue is estimated 

to be $75,500,000. The total assessment 

revenue is expected to be $14,000 

(50,000 tons multiplied by $0.28 per 

ton). Thus, the total assessment revenue 

compared to total producer revenue is 

0.019 percent. 

This final rule increases the 

assessment rate collected from handlers 

for the 2020–21 and subsequent crop 

years from $0.25 to $0.28 per ton of 

salable California dried prunes. The 

Committee unanimously recommended 

2020–21 crop year expenditures of 

$24,550 and an assessment rate of $0.28 

per ton of salable dried prunes. The 

$0.28 per ton assessment rate is $0.03 

higher than the current rate. The volume 

of assessable dried prunes for the 2020– 

21 crop year is estimated to be 50,000 

tons. Thus, the $0.28 per ton of salable 

dried prunes should provide $14,000 in 

assessment income (50,000 multiplied 

by $0.28). Income derived from handler 

assessments, along with carryforward/ 

contingency funds and interest income, 

will be adequate to cover budgeted 

expenses for the 2020–21 crop year. 

Major expenditures recommended by 

the Committee for the 2020–21 crop 

year include $13,700 for personnel 

expenses and $10,850 for operating 

expenses. Budgeted expenses for these 

items in the 2019–20 crop year were 

$13,300 and $11,200 respectively. 

The Committee recommended 

increasing the assessment rate due to a 

smaller crop and to provide adequate 

income, along with carryforward/ 

contingency funds and interest income, 

to cover the Committee’s budgeted 

expenses for the 2020–21 crop year. 

Prior to arriving at this budget and 

assessment rate recommendation, the 

Committee discussed various 

alternatives, including maintaining the 

current assessment rate of $0.25 per ton 

of salable dried prunes, and increasing 

the assessment rate by a different 

amount. However, the Committee 

determined that the recommended 

assessment rate, along with 

carryforward/contingency funds and 

interest income, will adequately fund 

budgeted expenses. 

This final rule increases the 

assessment obligation imposed on 

handlers. Assessments are applied 

uniformly on all handlers, and some of 

the costs may be passed on to 

producers. However, these costs are 

expected to be offset by benefits derived 

by the operation of the Order. 

The Committee’s meeting was widely 

publicized throughout the California 

prune industry. Meetings are public and 

virtual or in a hybrid style with 

participants having a choice whether to 

attend in person or virtually. All 

interested persons were invited to 

attend the meeting and encouraged to 

participate in Committee deliberations 

on all issues. 

The December 10, 2020, meeting was 

a virtual public meeting, and all entities, 

both large and small, were able to 

express views on this issue. Finally, 

interested persons were invited to 

submit comments on the proposed rule, 

including the regulatory and 

information collection impacts of this 

action on small businesses. 

In accordance with the Paperwork 

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

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes in those requirements will be 

necessary as a result of this final rule. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This final rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

California prune handlers. As with all 

Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on May 12, 2021 (86 FR 25975). 

Copies of the proposal were provided by 

the Committee to members and 

handlers. Finally, the proposed rule was 

made available through the internet by 

USDA and Federal Register. A 30-day 

comment period ending June 11, 2021, 

was provided to allow interested 

persons to respond to the proposal. No 

comments were received. Accordingly, 

no changes will be made to the rule as 

proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 993 

Marketing agreements, Plum, Prunes, 

Reporting and recordkeeping 

requirements. 

For reasons set forth in the preamble, 

7 CFR part 993 is amended as follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 993.347 is revised to read 

as follows: 

§ 993.347 Assessment rate. 

On and after August 1, 2020, an 

assessment rate of $0.28 per ton of 


lotter on DSK11XQN23PROD with RULES1
44262 Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 

salable dried prunes is established for 

California dried prunes. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–17267 Filed 8–11–21; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 52 

[NRC–2017–0090] 

RIN 3150–AK04 

Advanced Boiling Water Reactor 

(ABWR) Design Certification Renewal 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of September 29, 2021, for 

the direct final rule that was published 

in the Federal Register on July 1, 2021. 

This direct final rule amended NRC’s 

regulations to certify the U.S. Advanced 

Boiling Water Reactor standard design 

so that applicants intending to construct 

and operate an U.S. Advanced Boiling 

Water Reactor standard design may do 

so by referencing the design certification 

rule. 

DATES: Effective date: The effective date 

of September 29, 2021, for the direct 

final rule published July 1, 2021 (86 FR 

34905), is confirmed. 

ADDRESSES: Please refer to Docket ID 

NRC–2017–0090 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–2017–0090. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3463; 

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 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, at 

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. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room P1–B35, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Andrukat, Office of Nuclear 

Material Safety and Safeguards, 

telephone: 301–415–3561, email: 

Dennis.Andrukat@nrc.gov or James 

Shea, Office of Nuclear Reactor 

Regulation, telephone: 301–415–1388, 

email: James.Shea@nrc.gov. Both are 

staff of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: On July 1, 

2021 (86 FR 34905), the NRC published 

a direct final rule amending its 

regulations in part 52 of title 10 of the 

Code of Federal Regulations, ‘‘Domestic 

licensing of production and utilization 

facilities,’’ to renew the design 

certification for the U.S. Advanced 

Boiling Water Reactor (U.S. ABWR) 

standard design so that future 

applicants intending to construct and 

operate the renewed U.S. ABWR design 

may do so by referencing the design 

certification rule. In the direct final rule, 

the NRC stated that if no significant 

adverse comments were received, the 

direct final rule would become effective 

on September 29, 2021. The NRC did 

not receive any comments on the direct 

final rule. Therefore, this direct final 

rule will become effective as scheduled. 

Paperwork Reduction Act Statement 

This 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 

(OMB), control number 3150–0151. The 

effective date of the information 

collection associated with this final rule 

is September 29, 2021. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

Dated August 6, 2021. 

For the Nuclear Regulatory Commission. 

Richard F. Schofer, 

Acting Chief, Regulatory Analysis and 

Rulemaking Support Branch, Division of 

Rulemaking, Environmental, and Financial 

Support, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2021–17115 Filed 8–11–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2021–0124] 

RIN 3150–AK66 

List of Approved Spent Fuel Storage 

Casks: TN Americas LLC NUHOMS®

EOS Dry Spent Fuel Storage System, 

Certificate of Compliance No. 1042, 

Amendment No. 2 

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, 

NUHOMS® EOS Dry Spent Fuel Storage 

System listing within the ‘‘List of 

approved spent fuel storage casks’’ to 

include Amendment No. 2 to Certificate 

of Compliance No. 1042. Amendment 

No. 2 revises the certificate of 

compliance to add a dry shielded 

canister for storage, add new heat load 

zone configurations, and make other 

changes to the storage system. 

Amendment No. 2 also changes the 

certificate of compliance, technical 

specifications, and updated final safety 

analysis report for consistency and 

clarity. 

DATES: This direct final rule is effective 

October 26, 2021 unless significant 

adverse comments are received by 

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. 


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