[Federal Register Volume 86, Number 153 (Thursday, August 12, 2021)]
[Proposed Rules]
[Pages 44296-44298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17228]


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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: Proposed rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend 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 would 
revise 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 would change the 
certificate of compliance, technical specifications, and updated final 
safety analysis report for consistency and clarity.

DATES: Submit comments by September 13, 2021. 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.

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: 
[email protected] or Andrew G. Carrera, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1078; 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. Plain Writing
V. 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-

[[Page 44297]]

available information related to this action by any of the following 
methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0124. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, 
email: [email protected]. For technical questions contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] 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, 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

    Because the NRC considers this action to be non-controversial, the 
NRC is publishing this proposed rule concurrently with a direct final 
rule in the Rules and Regulations section of this issue of the Federal 
Register. The direct final rule will become effective on October 26, 
2021. However, if the NRC receives any significant adverse comment by 
September 13, 2021, then the NRC will publish a document that withdraws 
the direct final rule. If the direct final rule is withdrawn, the NRC 
will address the comments in a subsequent final rule. Absent 
significant modifications to the proposed revisions requiring 
republication, the NRC will not initiate a second comment period on 
this action in the event the direct final rule is withdrawn.
    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.
    For a more detailed discussion of the proposed rule changes and 
associated analyses, see the direct final rule published in the Rules 
and Regulations section of this issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
requires that ``[t]he Secretary [of the Department of Energy] shall 
establish a demonstration program, in cooperation with the private 
sector, for the dry storage of spent nuclear fuel at civilian nuclear 
power reactor sites, with the objective of establishing one or more 
technologies that the [Nuclear Regulatory] Commission may, by rule, 
approve for use at the sites of civilian nuclear power reactors 
without, to the maximum extent practicable, the need for additional 
site-specific approvals by the Commission.'' Section 133 of the Nuclear 
Waste Policy Act states, in part, that ``[t]he Commission shall, by 
rule, establish procedures for the licensing of any technology approved 
by the Commission under Section 219(a) [sic: 218(a)] for use at the 
site of any civilian nuclear power reactor.''
    To implement this mandate, the Commission approved dry storage of 
spent nuclear fuel in NRC-approved casks under a general license by 
publishing a final rule that added a new subpart K in part 72 of title 
10 of the Code of Federal Regulations (10 CFR) entitled ``General 
License for Storage of Spent Fuel at Power Reactor Sites'' (55 FR 
29181; July 18, 1990). This rule also established a new subpart L in 10 
CFR part 72 entitled ``Approval of Spent Fuel Storage Casks,'' which 
contains procedures and criteria for obtaining NRC approval of spent 
fuel storage cask designs. The NRC subsequently issued a final rule on 
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. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner. 
The NRC has written this document to be consistent with the Plain 
Writing Act as well as the Presidential Memorandum, ``Plain Language in 
Government Writing,'' published June 10, 1998 (63 FR 31885). The NRC 
requests comment on the proposed rule with respect to clarity and 
effectiveness of the language used.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

[[Page 44298]]



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                         Document                             ADAMS accession No./ Federal Register  citation
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Direct Final Rule, 10 CFR Part 72, ``List of Approved      82 FR 14987.
 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 72, ``List of Approved   82 FR 34387.
 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 Americas LLC for Certificate   ML19114A227 (package).
 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 TN Americas LLC          ML19225C845.
 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 LLC Application for       ML19282A518.
 Certificate of Compliance No. 1042, Amendment No. 2, to
 NUHOMS EOS System, Revision 2, Supplemental Information,
 October 2, 2019.
Acceptance Review of TN Americas LLC Application for       ML19311C551.
 Certificate of Compliance No. 1042, Amendment No. 2, to
 NUHOMS EOS System, Revision 3--Supplemental Information,
 October 29, 2019.
TN Americas LLC, Application for Certificate of            ML20190A135.
 Compliance No. 1042, Amendment No. 2, to NUHOMS EOS
 System, Revision 5, June 30, 2020.
Application for Certificate of Compliance No. 1042,        ML20315A417.
 Amendment No. 2, to NUHOMS EOS System, Revision 6,
 Revised Responses to Request for Additional Information,
 October 29, 2020.
TN America, LLC--Application for Certificate of            ML21027A324.
 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 T. Martinez Navedo from    ML21125A103 (package).
 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.
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    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.

    Dated: August 4, 2021.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2021-17228 Filed 8-11-21; 8:45 am]
BILLING CODE 7590-01-P