[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Rules and Regulations]
[Pages 44262-44267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17227]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2021-0124]
RIN 3150-AK66


List of Approved Spent Fuel Storage Casks: TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, Certificate of 
Compliance No. 1042, Amendment No. 2

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 TN Americas LLC, 
NUHOMS[supreg] 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this direct final rule is withdrawn as a result of such comments, 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.

[[Page 44263]]


ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0124, 
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: Christian J. Jacobs, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6825; email: 
<a href="/cdn-cgi/l/email-protection#9cdff4eef5efe8f5fdf2b2d6fdfff3feefdcf2eeffb2fbf3ea"><span class="__cf_email__" data-cfemail="5d1e352f342e29343c3373173c3e323f2e1d332f3e733a322b">[email protected]</span></a> or Andrew G. Carrera, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1078; email: 
<a href="/cdn-cgi/l/email-protection#3b7a555f495e4c15785a49495e495a7b554958155c544d"><span class="__cf_email__" data-cfemail="1859767c6a7d6f365b796a6a7d6a7958766a7b367f776e">[email protected]</span></a>. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents:

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2021-0124 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-2021-0124. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: <a href="/cdn-cgi/l/email-protection#642005130a4a220b16000116240a16074a030b12"><span class="__cf_email__" data-cfemail="df9bbea8b1f199b0adbbbaad9fb1adbcf1b8b0a9">[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#e1918593cf9384928e94938284a18f9382cf868e97"><span class="__cf_email__" data-cfemail="c7b7a3b5e9b5a2b4a8b2b5a4a287a9b5a4e9a0a8b1">[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#6b1b0f1945190e18041e19080e2b051908450c041d"><span class="__cf_email__" data-cfemail="5d2d392f732f382e32282f3e381d332f3e733a322b">[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-2021-0124 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. 2 to 
Certificate of Compliance No. 1042 and does not include other aspects 
of the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System 
cask 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 26, 2021. However, if the NRC receives any significant adverse 
comment 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-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

[[Page 44264]]

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 
March 24, 2017 (82 FR 14987), as corrected (82 FR 34387; July 25, 
2017), that approved the TN Americas LLC NUHOMS[supreg] EOS Dry Spent 
Fuel Storage System design and added it to the list of NRC-approved 
cask designs in Sec.  72.214, ``List of approved spent fuel storage 
casks,'' as Certificate of Compliance No. 1042.

IV. Discussion of Changes

    On April 18, 2019, as supplemented on August 5, 2019; October 2, 
2019; October 29, 2019; June 30, 2020; October 29, 2020; and January 
27, 2021, TN Americas LLC submitted a request to amend Certificate of 
Compliance No. 1042 for the NUHOMS[supreg] EOS Dry Spent Fuel Storage 
System. Amendment No. 2 revises the certificate of compliance as 
follows:
    <bullet> Adds the 61BTH Type 2 dry shielded canister transferred in 
the OS197 Transfer Cask for storage in the NUHOMS[supreg] MATRIX (HSM-
MX) design approved in Amendment 1 to certificate of compliance No. 
1042;
    <bullet> for the EOS-37PTH dry shielded canister, adds two new heat 
load zone configurations for the EOS-37PTH for higher heat load 
assemblies, up to 3.5 kW/assembly, that also allow for damaged and 
failed fuel storage;
    <bullet> for the EOS-37PTH dry shielded canister, adds basket type 
4H, previously introduced in certificate of compliance No. 1042, 
Amendment 1, for new heat load zone configurations 1, 4, 5, 6, 8, and 
9;
    <bullet> for the EOS-TC108 Transfer Cask System with the EOS-37PTH 
dry shielded canister, adds new heat load zone configurations 4 through 
9 for the 4H basket and reduce the minimum cooling times to 2 years 
(new heat load zone configurations 2 through 9);
    <bullet> for the EOS-37PTH dry shielded canister, increases the 
control component source terms to better address potential control 
component sources from various shutdown plants; and
    <bullet> revises certain certificate of compliance and technical 
specification items for consistency and clarity.
    This amendment also revises the certificate of compliance as 
follows:
    <bullet> Adds a description of methodology on Cobalt-60 equivalence 
to Section 6.2.4 of the updated final safety analysis report (UFSAR), 
Control Components, to clarify methodology for Control Components;
    <bullet> adds a description to UFSAR Section 1.2.1.1 for EOS-37PTH 
and Section 1.2.1.2 for EOS-89BTH to clarify the option of using a 
shield plug integrated with the inner top cover plate;
    <bullet> updates UFSAR Section 2.4.3 to clarify the methodology to 
reduce the maximum allowable heat load based on the fuel assembly type; 
and
    <bullet> replaces the phrase ``28 days'' with ``which may be tested 
up to 56 days'' in paragraph 4.4.4 of the technical specification to 
clarify whether concrete testing is required based on horizontal 
storage module component temperatures.
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety review 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. In addition, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 2 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 TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel 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 TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System casks that meet the 
criteria of Amendment No. 2 to Certificate of Compliance No. 1402.

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 
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System cask 
design listed in Sec.  72.214. 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 wrote 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).

[[Page 44265]]

VIII. Environmental Assessment and Finding of No Significant Impact

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

A. The Action

    The action is to amend Sec.  72.214 to revise the TN Americas LLC 
NUHOMS[supreg] 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.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel 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. 2 revises the certificate of compliance as described in Section IV, 
``Discussion of Changes,'' of this document, for the use of the TN 
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System.

C. Environmental Impacts of the Action

    On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was analyzed 
in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 2 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.
    The TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel 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.
    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. 2 would remain well 
within the 10 CFR part 20 limits. The NRC has also determined that the 
design of the cask as modified by this rule would still maintain 
confinement, shielding, and criticality control in the event of an 
accident. Therefore, the proposed changes will not result in any 
radiological or non-radiological environmental impacts that 
significantly differ from the environmental impacts evaluated in the 
environmental assessment supporting the July 18, 1990, final rule. 
There will be no significant change in the types or 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. 
2 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the TN 
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System in 
accordance with the changes described in proposed Amendment No. 2 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. 2 to Certificate of Compliance No. 1042 
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 NUHOMS[supreg] EOS 
Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, 
Amendment No. 2,'' 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 (Sec.  2.810).

[[Page 44266]]

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 it (1) 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 
March 24, 2017 (82 FR 14987), as corrected (82 FR 34387; July 25, 
2017), the NRC issued an amendment to 10 CFR part 72 that approved the 
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System design 
by adding it to the list of NRC-approved cask designs in Sec.  72.214.
    On April 18, 2019, as supplemented on August 5, 2019; October 2, 
2019; October 29, 2019; June 30, 2020; October 29, 2020; and January 
27, 2021, TN Americas LLC submitted a request to amend the TN Americas 
LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System as described in 
Section IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 2 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into TN Americas LLC NUHOMS[supreg] EOS Dry 
Spent Fuel Storage System under the changes described in Amendment No. 
2 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. 
1042 for the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 
System, as currently listed in Sec.  72.214. The revision consists of 
the changes in Amendment No. 2 previously described, as set forth in 
the revised certificate of compliance and technical specifications.
    Amendment No. 2 to Certificate of Compliance No. 1042 for the TN 
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System was 
initiated by TN Americas LLC, and was not submitted in response to new 
NRC requirements, or an NRC request for amendment. Amendment No. 2 
applies only to new casks fabricated and used under Amendment No. 2. 
These changes do not affect existing users of the TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and the current 
Amendment No. 1 continues to be effective for existing users. While 
current users of this storage system may comply with the new 
requirements in Amendment No. 2, this would be a voluntary decision on 
the part of current users.
    For these reasons, Amendment No. 2 to Certificate of Compliance No. 
1042 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.

------------------------------------------------------------------------
                                   ADAMS Accession No./ Federal Register
             Document                             Citation
------------------------------------------------------------------------
Direct Final Rule, 10 CFR part     82 FR 14987.
 72, ``List of Approved Spent
 Fuel Storage Casks: TN Americas
 LLC, NUHOMS[supreg] EOS Dry
 Spent Fuel Storage System,
 Certificate of Compliance No.
 1042; [NRC-2016-0254] RIN 3150-
 AJ88, March 24, 2017.
Correcting Amendment, 10 CFR part  82 FR 34387.
 72, ``List of Approved Spent
 Fuel Storage Casks: TN Americas
 LLC, NUHOMS[supreg] EOS Dry
 Spent Fuel Storage System,
 Certificate of Compliance No.
 1042; [NRC-2016-0254] RIN 3150-
 AJ88, July 25, 2017.
Initial Application from TN        ML19114A227 (package).
 Americas LLC for Certificate of
 Compliance No. 1042, Amendment
 No. 2, to NUHOMS EOS Dry Spent
 Fuel Storage System Certificate
 of Compliance No. 1042, April
 18, 2019.
Submittal of Acceptance Review of  ML19225C845.
 TN Americas LLC Application for
 Certificate of Compliance No.
 1042, Amendment No. 2, to NUHOMS
 EOS System, Revision 1, Response
 to Request for Supplemental
 Information, August 5, 2019.
Acceptance Review of TN Americas   ML19282A518.
 LLC Application for Certificate
 of Compliance No. 1042,
 Amendment No. 2, to NUHOMS EOS
 System, Revision 2, Supplemental
 Information, October 2, 2019.
Acceptance Review of TN Americas   ML19311C551.
 LLC Application for Certificate
 of Compliance No. 1042,
 Amendment No. 2, to NUHOMS EOS
 System, Revision 3--Supplemental
 Information, October 29, 2019.
TN Americas LLC, Application for   ML20190A135.
 Certificate of Compliance No.
 1042, Amendment No. 2, to NUHOMS
 EOS System, Revision 5, June 30,
 2020.
Application for Certificate of     ML20315A417.
 Compliance No. 1042, Amendment
 No. 2, to NUHOMS EOS System,
 Revision 6, Revised Responses to
 Request for Additional
 Information, October 29, 2020.
TN America, LLC--Application for   ML21027A324.
 Certificate of Compliance No.
 1042 Amendment No. 2 to NUHOMS
 EOS System, Revision 7--Revised
 Response to Request for
 Additional Information, January
 27, 2021.
User Need Memorandum Package to    ML21125A103 (package).
 T. Martinez Navedo from J.
 McKirgan with Proposed
 Certificate of Compliance No.
 1042, Amendment No. 2;
 Associated Proposed Technical
 Specifications; and the
 Preliminary Safety Evaluation
 Report, June 7, 2021.
------------------------------------------------------------------------


[[Page 44267]]

    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-2021-0124.

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

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

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


0
2. In Sec.  72.214, revise Certificate of Compliance No. 1042 to read 
as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1042.
    Initial Certificate Effective Date: June 7, 2017
    Amendment Number 1 Effective Date: June 17, 2020.
    Amendment Number 2 Effective Date: October 26, 2021.
    SAR Submitted by: TN Americas LLC.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS 
Dry Spent Fuel Storage System.
    Docket Number: 72-1042.
    Certificate Expiration Date: June 7, 2037.
    Model Number: EOS-37PTH, EOS-89BTH, 61BTH Type 2.

    Dated: August 4, 2021.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-17227 Filed 8-11-21; 8:45 am]
BILLING CODE 7590-01-P


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