[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
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