[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55601-55606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24255]



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 Rules and Regulations
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  Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / 
Rules and Regulations  

[[Page 55601]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2018-0212]
RIN 3150-AK16


List of Approved Spent Fuel Storage Casks: TN Americas LLC, 
Standardized NUHOMS[supreg] System, Certificate of Compliance No. 1004, 
Renewed Amendment No. 15

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System 
(NUHOMS[supreg] System) listing within the ``List of approved spent 
fuel storage casks'' to include Renewed Amendment No. 15 to Certificate 
of Compliance No. 1004. Because this amendment is subsequent to the 
renewal of the TN Americas LLC Standardized NUHOMS[supreg] Certificate 
of Compliance 1004 system and, therefore, subject to the Aging 
Management Program requirements of the renewed certificate, it is 
referred to as ``Renewed Amendment No. 15.'' Renewed Amendment No. 15 
revises the Certificate of Compliance's technical specifications to: 
Unify and standardize fuel qualification tables; revise existing and 
add new heat load zoning configurations; increase the allowable maximum 
assembly average burnup; allow loading of damaged fuel assemblies under 
certain conditions; expand the definition of the poison rod assemblies 
to include rod cluster control assembly materials; allow other 
zirconium alloy cladding materials; add model OS197 as an authorized 
transfer cask; add the description for the solar shield in the updated 
final safety analysis report; and add flexibility to general licensees 
in verifying compliance regarding the storage pad location and the 
soil-structure interaction. Additionally, the rulemaking makes 
clarifications to rule text related to Certificate of Compliance No. 
1004 by removing redundant language.

DATES: This direct final rule is effective January 22, 2019, unless 
significant adverse comments are received by December 7, 2018. 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: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0212. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    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 Jacobs, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6825; email: 
[email protected] or Edward M. Lohr, Office of Nuclear Material 
Safety and Safeguards; telephone: 301-415-0253; email: 
[email protected]. 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 
Environmental 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-2018-0212 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 http://www.regulations.gov and search for Docket ID NRC-2018-0212.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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 [email protected]. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
     NRC's PDR: You may examine and purchase copies of public 
documents at

[[Page 55602]]

the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2018-0212 in your comment submission. 
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 http://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 Renewed Amendment 
No. 15 to Certificate of Compliance No. 1004 and does not include other 
aspects of the TN Americas LLC Standardized NUHOMS[supreg] System 
design. The NRC is using the ``direct final rule procedure'' to issue 
this amendment because it represents a limited and routine change to an 
existing Certificate of Compliance that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on January 22, 2019. However, if the NRC receives significant 
adverse comments on this direct final rule by December 7, 2018, 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.
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rules section of this 
issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) of 1982, as 
amended, requires that ``the 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 NWPA 
states, in part, that ``[the 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 which added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
December 22, 1994 (59 FR 65898), that approved the TN Americas LLC 
Standardized NUHOMS[supreg] System design and added it to the list of 
NRC-approved cask designs provided in Sec.  72.214 as Certificate of 
Compliance No. 1004. Most recently, on September 27, 2017 (82 FR 
44879), the NRC issued a Renewal of the revised initial certificate and 
Amendment Nos. 1 through 11, 13 and 14.

IV. Discussion of Changes

    On March 28, 2017, TN Americas LLC submitted a request to the NRC 
to amend Certificate of Compliance No. 1004 and supplemented its 
request on July 18, 2017, December 14, 2017, and March 22, 2018. 
Renewed Amendment No. 15 revises the technical specifications and 
updated final safety analysis report to:
     Unify and standardize the fuel qualification tables for 
four pressurized water reactor systems in order to simplify the 
technical specifications.
     For the 32PT System, add a new heat load zoning 
configuration to allow for the loading of fuel assemblies with decay 
heat up to 2.2 kilowatt (kW) corresponding to a 2-year cooled fuel.
     For the 32PT System, increase the maximum assembly average 
burnup from 55 gigawatt-days per metric ton of uranium to 62 gigawatt-
days per metric ton of uranium.
     For the 32PT System, allow for the loading of damaged fuel 
assemblies confined within top and bottom end caps and failed fuel 
assemblies loaded within individual failed fuel canisters in the 32PT 
System. Provide for a basket option to increase the number of poison 
plates from 24 to 32, resulting in an increase in the allowable 
enrichment of the authorized contents. Expand the definition of the 
poison rod assemblies in the technical specification and the updated 
final safety analysis report to include rod cluster control assembly 
materials, specifically adding a silver neutron absorber.
     For the 32PT System, include other zirconium alloy 
cladding materials such as ZIRLO[supreg] and M5[supreg] in the 32PT 
System.
     For the 24PTH System, add a new heat load zoning 
configuration to allow for the loading of fuel assemblies with decay 
heat up to 2.5 kW corresponding to a 2-year cooled fuel, and a total 
heat load of 35 kW per basket.
     For the 24PTH System, add the OS197 model as an authorized 
transfer cask for the transfer of the 24PTH-S-LC

[[Page 55603]]

dry shielded canister in addition to the standardized transfer cask.
     For the 61BTH System, revise the existing heat load zoning 
configuration to allow loading of fuel assemblies with decay heat up to 
1.2 kW corresponding to a 2-year cooling time. Add the GNF-2 and 
ATRIUM-11 fuel assembly designs as authorized contents.
     For the 32PTH System, add a new heat load zoning 
configuration for the loading of fuel assemblies with decay heat up to 
1.1 kW for a total heat load of 35.2 kW per basket, and add a new heat 
load zoning configuration to allow for loading of fuel assemblies with 
decay heat up to 1.3 kW for a total heat load of 37.6 kW per basket.
     Provide a description in the updated final safety analysis 
report for the solar shield currently described in the technical 
specifications for the transfer cask during transfer operations.
     Revise Technical Specification 4.3.3 Item 11 to add 
flexibility to general licensees in verifying compliance regarding the 
storage pad location and the soil-structure interaction.
    Because this amendment is subsequent to the renewal of the TN 
Americas LLC Standardized NUHOMS[supreg] Certificate of Compliance 1004 
system and, therefore, subject to the Aging Management Program 
requirements of the renewed certificate (see Technical Specification 
5.3.1), it is referred to as ``Renewed Amendment No. 15.'' 
Additionally, the rulemaking makes clarifications to rule text related 
to Certificate of Compliance No. 1004 by removing redundant language.
    As documented in the preliminary safety evaluation report, the NRC 
performed a detailed safety evaluation of the proposed Certificate of 
Compliance amendment request. There are no significant changes to cask 
design requirements in the proposed Certificate of Compliance 
amendment. Considering the specific design requirements for each 
accident condition, the design of the cask would prevent loss of 
containment, shielding, and criticality control in the event of an 
accident. This amendment does not reflect a significant change in 
design or fabrication of the cask. In addition, any resulting 
occupational exposure or offsite dose rates from the implementation of 
Renewed Amendment No. 15 would remain well within the 10 CFR part 20 
limits. 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.
    This direct final rule revises the TN Americas LLC Standardized 
NUHOMS[supreg] System listing in Sec.  72.214 by adding Renewed 
Amendment No. 15 to Certificate of Compliance No. 1004. The amendment 
consists of the changes previously described, as set forth in the 
revised Certificate of Compliance and technical specifications. The 
revised technical specifications are identified and evaluated in the 
preliminary safety evaluation report.
    The amended TN Americas LLC Standardized NUHOMS[supreg] cask 
design, when used under the conditions specified in the Certificate of 
Compliance, technical specifications, and NRC's regulations, will meet 
the requirements of 10 CFR part 72; therefore, adequate protection of 
public health and safety will continue to be ensured. 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 those TN Americas LLC Standardized 
NUHOMS[supreg] System casks that meet the criteria of Renewed Amendment 
No. 15 to Certificate of Compliance No. 1004.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the TN Americas LLC Standardized NUHOMS[supreg] System 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 ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. 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. 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 
31883).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend Sec.  72.214 to revise the TN Americas LLC 
Standardized NUHOMS[supreg] System listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Renewed Amendment No. 15 
to Certificate of Compliance No. 1004. Under 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,'' 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.

B. The Need for the Action

    This direct final rule amends the Certificate of Compliance for the 
TN Americas LLC Standardized NUHOMS[supreg] System design within the 
list of approved spent fuel storage casks that power reactor licensees 
can use to store spent fuel at reactor sites under a general license. 
Specifically, Renewed Amendment No. 15 updates the Certificate of 
Compliance as described in Section IV, ``Discussion of Changes,'' of 
this document, for the use of the TN Americas LLC Standardized 
NUHOMS[supreg] System. Additionally, the rulemaking makes 
clarifications to rule text related to Certificate of Compliance No. 
1004 by removing redundant language.

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

[[Page 55604]]

NRC-approved storage casks was initially analyzed in the environmental 
assessment for the 1990 final rule. The environmental assessment for 
this Renewed Amendment No. 15 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 Standardized NUHOMS[supreg] Systems are 
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, 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 
events.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of confinement, 
shielding, and criticality control in the event of an accident. If 
there is no loss of confinement, shielding, or criticality control, the 
environmental impacts resulting from an accident would be 
insignificant. This amendment does not reflect a significant change in 
design or fabrication of the cask. Because there are no significant 
design or process changes, any resulting occupational exposure or 
offsite dose rates from the implementation of Renewed Amendment No. 15 
would remain well within the 10 CFR part 20 limits. Therefore, the 
proposed Certificate of Compliance 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 amounts of any 
effluent released, no significant increase in individual or cumulative 
radiation exposures, and no significant increase in the potential for 
or consequences of radiological accidents. The NRC documented its 
safety findings in a preliminary safety evaluation report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Renewed 
Amendment No. 15 and not issue the direct final rule. Consequently, any 
10 CFR part 72 general licensee that seeks to load spent nuclear fuel 
into TN Americas LLC Standardized NUHOMS[supreg] Systems in accordance 
with the changes described in proposed Renewed Amendment No. 15 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. Therefore, the environmental impacts of the 
alternative action would be the same as, or more likely greater than, 
the preferred action.

E. Alternative Use of Resources

    Approval of Renewed Amendment No. 15 to Certificate of Compliance 
No. 1004 would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted

    No agencies or persons outside the NRC were contacted in connection 
with the preparation of this environmental assessment.

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.'' Based on the foregoing environmental 
assessment, the NRC concludes that this direct final rule entitled 
``List of Approved Spent Fuel Storage Casks: TN Americas LLC 
Standardized NUHOMS[supreg] System, Certificate of Compliance No. 1004, 
Renewed Amendment No. 15'' 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).

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 notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's Certificate of 
Compliance, and the conditions of the general license are met. A list 
of NRC-approved cask designs is contained in Sec.  72.214. On December 
22, 1994 (59 FR 65898), the NRC issued an amendment to 10 CFR part 72 
that approved the TN Americas LLC Standardized NUHOMS[supreg] System 
design by adding it to the list of NRC-approved cask designs in Sec.  
72.214.
    On March 28, 2017, and as supplemented on July 18, 2017, December 
14, 2017, and March 22, 2018, TN Americas LLC submitted an application 
to amend the Standardized NUHOMS[supreg] System as described in Section 
IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Renewed 
Amendment No. 15 and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into TN Americas LLC Standardized 
NUHOMS[supreg] Systems under the changes described in Renewed Amendment 
No. 15 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.

[[Page 55605]]

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, and therefore, this 
action is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 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. 1004 for the TN Americas LLC Standardized NUHOMS[supreg] System, as 
currently listed in Sec.  72.214. The revision consists of adding 
Renewed Amendment No. 15, which revises the Certificate of Compliance's 
technical specifications as described in Section IV, ``Discussion of 
Changes,'' of this document. Additionally, the rulemaking makes 
clarifications to rule text related to Certificate of Compliance No. 
1004 by removing redundant language.
    Renewed Amendment No. 15 to Certificate of Compliance No. 1004 for 
the TN Americas LLC Standardized NUHOMS[supreg] System was initiated by 
TN Americas LLC and was not submitted in response to new NRC 
requirements, or an NRC request for amendment. Renewed Amendment No. 15 
applies only to new casks fabricated and used under Renewed Amendment 
No. 15. These changes do not affect existing users of the TN Americas 
LLC Standardized NUHOMS[supreg] System, and the current renewed 
Amendments Nos. 0 through 11, 13, and 14, continue to be effective for 
existing users. While current Certificate of Compliance users may 
comply with the new requirements in Renewed Amendment No. 15, this 
would be a voluntary decision on the part of current users. 
Additionally, the clarifications to the text of the rule are editorial 
in nature, and as such, do not fall within the definition of backfit.
    For these reasons, Renewed Amendment No. 15 to Certificate of 
Compliance No. 1004 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 through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                    ADAMS accession No./web link/Federal
             Document                        Register  citation
------------------------------------------------------------------------
TN Americas LLC Request to Add     ML17094A714 (Package).
 Amendment No. 15 to Certificate
 of Compliance No. 1004, letter
 dated March 28, 2017.
Revision to TN Americas LLC        ML17202Q145.
 Request to Add Amendment No. 15
 to Certificate of Compliance No.
 1004, letter dated July 18, 2017.
Revision to TN Americas LLC        ML17363A276 (Package).
 Request to Add Amendment No. 15
 to Certificate of Compliance No.
 1004, letter dated December 14,
 2017.
Revision to TN Americas LLC        ML18088A180.
 Request to Add Amendment No. 15
 to Certificate of Compliance No.
 1004, letter dated March 22,
 2018.
TN Americas LLC Amendment No. 15   ML18228A531.
 to Certificate of Compliance No.
 1004.
Technical Specifications for TN    ML18228A530.
 Americas LLC Amendment No. 15 to
 Certificate of Compliance No.
 1004.
Preliminary Safety Evaluation      ML18234A012.
 Report for TN Americas LLC
 Amendment No. 15 to Certificate
 of Compliance No. 1004.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0212. The Federal 
Rulemaking website allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2018-0212); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

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, 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, Certificate of Compliance 1004 is revised to read 
as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995, superseded by 
Initial Certificate, Revision 1, on April 25, 2017, superseded by 
Renewed Initial

[[Page 55606]]

Certificate, Revision 1, on December 11, 2017.
    Renewed Initial Certificate, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 1 Effective Date: April 27, 2000, superseded by 
Amendment Number 1, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 1, Revision 1, on December 11, 2017.
    Renewed Amendment Number 1, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Amendment Number 2, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 2, Revision 1, on December 11, 2017.
    Renewed Amendment Number 2, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 3 Effective Date: September 12, 2001, superseded 
by Amendment Number 3, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 3, Revision 1, on December 11, 2017.
    Renewed Amendment Number 3, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 4 Effective Date: February 12, 2002, superseded by 
Amendment Number 4, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 4, Revision 1, on December 11, 2017.
    Renewed Amendment Number 4, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 5 Effective Date: January 7, 2004, superseded by 
Amendment Number 5, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 5, Revision 1, on December 11, 2017.
    Renewed Amendment Number 5, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 6 Effective Date: December 22, 2003, superseded by 
Amendment Number 6, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 6, Revision 1, on December 11, 2017.
    Renewed Amendment Number 6, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 7 Effective Date: March 2, 2004, superseded by 
Amendment Number 7, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 7, Revision 1, on December 11, 2017.
    Renewed Amendment Number 7, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 8 Effective Date: December 5, 2005, superseded by 
Amendment Number 8, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 8, Revision 1, on December 11, 2017.
    Renewed Amendment Number 8, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 9 Effective Date: April 17, 2007, superseded by 
Amendment Number 9, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 9, Revision 1, on December 11, 2017.
    Renewed Amendment Number 9, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 10 Effective Date: August 24, 2009, superseded by 
Amendment Number 10, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 10, Revision 1, on December 11, 2017.
    Renewed Amendment Number 10, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 11 Effective Date: January 7, 2014, superseded by 
Amendment Number 11, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 11, Revision 1, on December 11, 2017.
    Renewed Amendment Number 11, Revision 1, Effective Date: December 
11, 2017, as corrected (ADAMS Accession No. ML18018A043).
    Amendment Number 12 Effective Date: Amendment not issued by the 
NRC.
    Amendment Number 13 Effective Date: May 24, 2014, superseded by 
Amendment Number 13, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 13, Revision 1, on December 11, 2017.
    Renewed Amendment Number 13, Revision 1, Effective Date: December 
11, 2017, as corrected (ADAMS Accession No. ML18018A100).
    Amendment Number 14 Effective Date: April 25, 2017, superseded by 
Renewed Amendment Number 14, on December 11, 2017.
    Renewed Amendment Number 14 Effective Date: December 11, 2017.
    Renewed Amendment Number 15 Effective Date: January 22, 2019.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Renewed Certificate Expiration Date: January 23, 2055.
    Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *

    Dated at Rockville, Maryland, this 24th day of October 2018.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-24255 Filed 11-6-18; 8:45 am]
 BILLING CODE 7590-01-P