[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 69978-69984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26628]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2021-0161]
RIN 3150-AK69


List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-68 
Dry Storage Cask, Certificate of Compliance No. 1027, Renewal of 
Initial Certificate and Amendment No. 1

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, TN-68 
Dry Storage Cask listing within the ``List of approved spent fuel 
storage casks'' to renew, for an additional 40 years, the initial 
certificate and Amendment No. 1 of Certificate of Compliance No. 1027. 
The renewal of the initial certificate and Amendment No. 1 revises the 
certificate of compliance's conditions and technical specifications to 
address aging management activities related to the structures, systems, 
and components (SSCs) of the dry storage system to ensure that the SSCs 
will maintain their intended functions during the period of extended 
storage operations.

DATES: This direct final rule is effective February 22, 2022, unless 
significant adverse comments are received by January 10, 2022. 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direct final rule is withdrawn as a result of such comments, timely 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: Submit your comments, identified by Docket ID NRC-2021-0161, 
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 Jacobs, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-6825, email: 
[email protected] and Solomon Sahle, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-3781, 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 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-2021-0161 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0161. 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

[[Page 69979]]

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, by appointment, at the NRC's Public Document Room (PDR), 
Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852. To make an appointment to visit the PDR, please send an 
email to [email protected] or call 1-800-397-4209 or 301-415-4737, 
between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2021-0161 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 renewal of the initial certificate and 
Amendment No. 1 of Certificate of Compliance No. 1027 and does not 
include other aspects of the TN Americas LLC, TN-68 Dry Storage Cask 
system design. The NRC is using the ``direct final rule procedure'' to 
issue this renewal because it represents a limited and routine change 
to an existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety 
continues to be reasonably assured. The amendment to the rule will 
become effective on February 22, 2022. However, if the NRC receives any 
significant adverse comments on this direct final rule by January 10, 
2022, 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 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 
April 28, 2000 (65 FR 24855), that approved the TN-68 Dry Storage Cask 
system design and added it to the list of NRC-approved cask designs in 
Sec.  72.214 as Certificate of Compliance No. 1027. The NRC issued a 
direct final rule on August 16, 2007 (72 FR 45880), that approved 
Amendment No. 1 to Certificate of Compliance No. 1027 for the TN-68 Dry 
Storage Cask system design and added it to the list of NRC approved 
cask designs in Sec.  72.214.

IV. Discussion of Changes

    On April 9, 2020, TN Americas LLC submitted a request to the NRC to 
renew, for an additional 40 years, the initial certificate and 
Amendment No. 1 of Certificate of Compliance No. 1027 for the TN-68 Dry 
Storage Cask system. TN Americas LLC supplemented its request on July 
29, 2020; February 9, 2021; and March 24, 2021.
    The renewal of the initial certificate and Amendment No. 1 was 
conducted in accordance with the renewal provisions in Sec.  72.240. 
This section of the NRC spent fuel storage regulations authorizes the 
NRC to include any additional certificate conditions it deems necessary 
to ensure the safe operation of the cask during the certificate's 
renewal period. The NRC included three additional conditions to the 
renewal of the initial certificate of compliance and Amendment No. 1:
     The submittal of an updated final safety analysis report 
(UFSAR) to address aging management activities resulting from the 
renewal of the certificate of compliance. This condition ensures that 
the UFSAR changes are made in a timely fashion to enable general 
licensees using the storage system during the period of extended

[[Page 69980]]

operation to develop and implement necessary procedures.
     The requirement that general licensees initiating or using 
spent fuel dry storage operations with the TN-68 Dry Storage Cask 
system ensure that their evaluations are included in the reports 
required by Sec.  72.212, ``Conditions of general license issued under 
Sec.  72.210.'' These reports will include appropriate considerations 
for the period of extended operation, a review of the UFSAR changes 
resulting from the certificate of compliance renewal, and a review of 
the NRC safety evaluation report (SER) related to the certificate of 
compliance renewal.
     The requirement that future amendments and revisions to 
this certificate of compliance include evaluations of the impacts to 
aging management activities to ensure that they remain adequate for any 
changes to the structures, systems, and components (SSCs).
    The NRC made one corresponding change to the technical 
specifications for the initial certificate of compliance and Amendment 
No. 1. The change added a new section, which ensures that general 
licensees using the storage system develop procedures to address aging 
management activities required in the period of extended operation.
    As documented in the preliminary SER, the NRC performed a safety 
evaluation of the proposed certificate of compliance renewal request. 
The NRC determined that this renewal does not change the cask design or 
fabrication requirements in the proposed certificate of compliance 
renewal request. 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 renewal 
of the initial certificate of compliance and Amendment No. 1 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. In its SER for the renewal of 
the TN-68 Dry Storage Cask system, the NRC staff has determined that if 
the conditions specified in the certificate of compliance to implement 
these regulations are met, adequate protection of public health and 
safety will continue to be reasonably assured.
    This direct final rule revises the TN-68 Dry Storage Cask listing 
in Sec.  72.214 by renewing for 40 more years, the initial certificate 
and Amendment No. 1 of Certificate of Compliance No. 1027. The renewal 
consists of the changes previously described, as set forth in the 
renewed initial certificate and amendment and their revised technical 
specifications. The revised technical specifications are identified in 
the SER.

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, TN-68 Dry Storage Cask design listed in Sec.  72.214, 
``List of approved spent fuel storage casks.'' 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 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).

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-68 Dry Storage 
Cask listing within the ``List of approved spent fuel storage casks'' 
to renew, for an additional 40 years, the initial certificate and 
Amendment No. 1 of Certificate of Compliance No. 1027.

B. The Need for the Action

    This direct final rule renews the initial certificate and Amendment 
No. 1 of Certificate of Compliance No. 1027 for the TN Americas LLC, 
TN-68 Dry Storage Cask system design 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, this rule extends the expiration date 
for the TN Americas LLC, TN-68 Dry Storage Cask certificate for an 
additional 40 years, allowing a reactor licensee to continue using it 
under general license provisions in an independent spent fuel storage 
installation to store spent fuel in dry casks in accordance with 10 CFR 
part 72.

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 renewal of the initial certificate 
and Amendment No. 1 of Certificate of Compliance No. 1027 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. As required by 
Sec.  72.240, applications for renewal of a spent fuel

[[Page 69981]]

storage certificate of compliance design are required to demonstrate 
that SSCs important to safety will continue to perform their intended 
function for the requested renewal term. As discussed in the NRC's SER 
for the renewal of the initial certificate and Amendment No. 1, the NRC 
has approved conditions in the renewed initial certificate and 
Amendment No. 1 requiring the general licensee to implement the aging 
management activities described in the renewal application and 
incorporated into the UFSAR. These conditions ensure that the TN 
Americas LLC, TN-68 Dry Storage Cask system will continue to perform 
its intended safety functions and provide reasonable assurance of 
adequate protection of public health and safety throughout the renewal 
period.
    Incremental impacts from continued use of the TN-68 Dry Storage 
Cask system under a general license for an additional 40 years are not 
considered significant. When the general licensee follows all 
procedures and administrative controls, including the conditions 
established because of this renewal, no effluents are expected from the 
sealed dry cask systems. Activities associated with cask loading and 
decontamination may result in some small incremental liquid and gaseous 
effluents, but these activities will be conducted under 10 CFR parts 50 
and 52 reactor operating licenses, and effluents will be controlled 
within existing reactor site technical specifications. Because reactor 
sites are relatively large, any incremental offsite doses due to direct 
radiation exposure from the spent fuel storage casks are expected to be 
small, and when combined with the contribution from reactor operations, 
well within the annual dose equivalent of 0.25 mSv (25 mrem) limit to 
the whole body specified in Sec.  72.104. Incremental impacts on 
collective occupational exposures due to dry cask spent fuel storage 
are expected to be only a small fraction of the exposures from 
operation of the nuclear power station.
    The TN-68 Dry Storage Cask 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.
    During the promulgation of the amendments that added subpart K to 
10 CFR part 72 (55 FR 29181; July 18, 1990), the NRC staff assessed the 
public health consequences of dry cask storage accidents and sabotage 
events. In the supporting analyses for these amendments, the NRC 
determined that a release from a dry cask storage system would be 
comparable in magnitude to a release from the same quantity of fuel in 
a spent fuel storage pool. As a result of these evaluations, the NRC 
determined that, because of the physical characteristics of the storage 
casks and conditions of storage that include specific security 
provisions, the potential risk to public health and safety due to 
accidents or sabotage is very small.
    Considering the specific design requirements for each accident or 
sabotage condition, the design of the cask would maintain confinement, 
shielding, and criticality control. If confinement, shielding, or 
criticality control are maintained, the environmental impacts from an 
accident would be insignificant.
    There are no changes to cask design or fabrication requirements in 
the renewed initial certificate or Amendment No. 1. Because there are 
no significant design or process changes, any resulting occupational 
exposure or offsite dose rates from the implementation of the renewal 
of the initial certificate and Amendment No. 1 would remain well within 
the 10 CFR part 20 limits.
    Decommissioning of dry cask spent fuel storage systems under a 
general license would be carried out as part of a power reactor's site 
decommissioning plan. In general, decommissioning would consist of 
removing the spent fuel from the site, decontaminating cask surfaces, 
and decontaminating and dismantling the independent spent fuel storage 
installation where the casks were deployed. Under normal and off-normal 
operating conditions, no residual contamination is expected to be left 
behind on supporting structures. The incremental impacts associated 
with decommissioning dry cask storage installations are expected to 
represent a small fraction of the impacts of decommissioning an entire 
nuclear power station.
    In summary, the proposed changes will not result in any 
radiological or nonradiological environmental impacts that 
significantly differ from the environmental impacts evaluated in the 
environmental assessment supporting the July 18, 1990, final rule. 
Compliance with the requirements of 10 CFR parts 20 and 72 would 
provide reasonable assurance that adequate protection of public health 
and safety will continue. The NRC, in its SER for the renewal of the 
TN-68 Dry Storage Cask system, has determined if the conditions 
specified in the certificate of compliance to implement these 
regulations are met, adequate protection of public health and safety 
will continue to be reasonably assured.
    Based on the previously stated assessments and its SER for the 
requested renewal of the TN-68 Dry Storage Cask certificates, the NRC 
has determined that the expiration date of this system in 10 CFR 72.214 
can be safely extended for an additional 40 years, and that commercial 
nuclear power reactor licensees can continue using the system during 
this period under a general license without significant impacts on the 
human environment.

D. Alternative to the Action

    The alternative to this action is to deny approval of the renewal 
and not issue the direct final rule. Under this alternative, the NRC 
would either (1) require general licensees using the TN-68 Dry Storage 
Cask to unload the spent fuel from these systems and either return it 
to a spent fuel pool or re-load it into a different dry storage cask 
system listed in Sec.  72.214; or (2) require that users of the 
existing TN-68 Dry Storage Cask request site-specific licensing 
proceedings to continue storage in these systems.
    The environmental impacts of requiring the licensee to unload the 
spent fuel and either return it to the spent fuel pool or re-load it 
into another NRC-approved cask system would result in increased 
radiological doses to workers. These increased doses would be due 
primarily to direct radiation from the casks while the workers 
unloaded, transferred, and re-loaded the spent fuel. These activities 
would consist of transferring the dry storage canisters to a cask-
handling building, opening the canister lid welds, returning the 
canister to a spent fuel pool or dry transfer facility, removing the 
fuel assemblies, and re-loading them, either into a spent fuel pool 
storage rack or another NRC-approved dry storage system. In addition to 
the increased occupational doses to workers, these activities may also 
result in additional liquid or gaseous effluents.
    Alternatively, users of the dry cask storage system would need to 
apply for a site-specific license. Under this option for implementing 
the no-action

[[Page 69982]]

alternative, interested licensees would have to prepare, and the NRC 
would have to review, each separate license application, thereby 
increasing the administrative burden upon the NRC and the costs to each 
licensee.
    In summary, the no-action alternative would entail either (1) more 
environmental impacts than the preferred action from transferring the 
spent fuel now in the TN-68 Dry Storage Cask; or (2) cost and 
administrative impacts from multiple licensing actions that, in 
aggregate, are likely to be the same as, or more likely greater than, 
the preferred action.

E. Alternative Use of Resources

    Renewal of the initial certificate and Amendment No. 1 to 
Certificate of Compliance No. 1027 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, TN-68 Dry Storage 
Cask, Certificate of Compliance No. 1027, Renewal of Initial 
Certificate and Amendment No. 1,'' 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 (1) it notifies the NRC in advance; (2) the spent fuel 
is stored under the conditions specified in the cask's certificate of 
compliance; and (3) the conditions of the general license are met. A 
list of NRC-approved cask designs is contained in Sec.  72.214. On 
April 28, 2000 (65 FR 24855), the NRC issued an amendment to 10 CFR 
part 72 that approved the TN Americas LLC, TN-68 Dry Storage Cask by 
adding it to the list of NRC-approved cask designs in Sec.  72.214 as 
Certificate of Compliance No. 1027.
    On April 9, 2020, and as supplemented on July 29, 2020; February 9, 
2021; and March 24, 2021, TN Americas LLC requested a renewal of the 
initial certificate and Amendment No. 1 of the TN-68 Dry Storage Cask 
system for an additional 40 years beyond the initial certificate term 
as discussed in Section IV, ``Discussion of Changes,'' of this 
document. Because TN Americas LLC filed its renewal application at 
least 30 days before the certificate expiration date of May 20, 2020, 
pursuant to the timely renewal provisions in Sec.  72.240(b), the 
initial issuance of the certificate and Amendment No. 1 of Certificate 
of Compliance No. 1027 did not expire during the pendency of the NRC's 
review.
    The alternative to this action is to deny approval of the renewal 
of the initial certificate and Amendment No. 1 of Certificate of 
Compliance No. 1027 and end this direct final rule. Under this 
alternative, the NRC would either (1) require general licensees using 
the TN-68 Dry Storage Cask system to unload spent fuel from these 
systems and return it to a spent fuel pool or re-load it into a 
different dry storage cask system listed in Sec.  72.214, or (2) 
require that users of the existing TN-68 Dry Storage Cask system 
request site-specific licensing proceedings to continue storage in 
these systems. Therefore, the no-action alternative would result in a 
significant burden on licensees and an additional inspection or 
licensing caseload on the NRC. In addition, the no action alternative 
would entail either (1) more environmental impacts than the preferred 
action from transferring the spent fuel now in the TN-68 Dry Storage 
Cask system, or (2) cost and administrative impacts from multiple 
licensing actions that, in aggregate, are likely to be the same as, or 
more likely greater than, the preferred action.
    Approval of this direct final rule is consistent with previous NRC 
actions. Further, as documented in the preliminary SER 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 renews Certificate of Compliance No. 
1027 for the TN Americas LLC, TN-68 Dry Storage Cask system, as 
currently listed in Sec.  72.214, to extend the expiration date of the 
initial certificate and Amendment No. 1 by 40 years. The renewed 
initial certificate and Amendment No. 1 consist of the changes 
previously described, as set forth in the revised certificate of 
compliance and technical specifications.
    Extending the effective date of the initial certificate and 
Amendment No. 1 for 40 more years and requiring the implementation of 
aging management activities does not impose any modification or 
addition to the design of a cask system's SSCs, or to the procedures or 
organization required to operate the system during the initial 20-year 
storage period of the system, as authorized by the current certificate. 
General licensees that have loaded these

[[Page 69983]]

casks, or that load these casks in the future under the specifications 
of the applicable certificate, may continue to store spent fuel in 
these systems for the initial 20-year storage period consistent with 
the original certificate. The aging management activities required to 
be implemented by this renewal are only required after the storage cask 
system's initial 20-year service period ends. As explained in the 2011 
final rule that amended 10 CFR part 72 (76 FR 8872, Question I), the 
general licensee's authority to use a particular storage cask design 
under an approved certificate of compliance terminates 20 years after 
the date that the general licensee first loads the particular cask with 
spent fuel, unless the cask's certificate of compliance is renewed. 
Because this rulemaking renews the initial certificate and Amendment 
No. 1, and renewal is a separate licensing action voluntarily 
implemented by vendors, the renewal of the initial certificate and 
Amendment No. 1 is not an imposition of new or changed requirements 
from which these licensees would otherwise be protected by the 
backfitting provisions in Sec.  72.62.
    Even if renewal of the initial certificate and Amendment No. 1 of 
Certificate of Compliance No. 1027 could be considered a backfit, TN 
Americas LLC, as the holder of the certificate of compliance and vendor 
of the casks, is not protected by the backfitting provisions in Sec.  
72.62.
    Unlike a vendor, general licensees using the existing systems 
subject to this renewal would be protected by the backfitting 
provisions in Sec.  72.62 if the renewal constituted new or changed 
requirements applicable during the initial 20-year storage period. But, 
as previously explained, renewal of the initial certificate and 
Amendment No. 1 of Certificate of Compliance No. 1027 does not impose 
such requirements. The general licensee using the initial certificate 
or Amendment No. 1 of Certificate of Compliance No. 1027 may continue 
storing material in its respective cask systems for the initial 20-year 
storage period identified in the applicable certificate or amendment 
with no changes. If general licensees choose to continue to store spent 
fuel in the TN-68 Dry Storage Cask system after the initial 20-year 
period, these general licensees will be required to implement aging 
management activities for any cask systems subject to a renewed 
certificate of compliance, but such continued use is voluntary.
    For these reasons, renewing the initial certificate and Amendment 
No. 1 of Certificate of Compliance No. 1027, and imposing the 
additional conditions previously discussed, 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.

------------------------------------------------------------------------
                   Document                       ADAMS  accession No.
------------------------------------------------------------------------
TN Americas LLC Renewal Application for the TN- ML20100F295
 68 Dry Storage Cask Certificate of Compliance
 No. 1027, dated April 9, 2020.
Supplemental Response to Request for            ML20211L707
 Additional Information for the TN Americas
 LLC Application for Renewal of the TN-68 Dry
 Storage Cask, Certificate of Compliance No.
 1027, dated July 29, 2020.
Supplemental Response to Request for            ML21040A406
 Additional Information for the TN Americas
 LLC Application for Renewal of the TN-68 Dry
 Storage Cask, Certificate of Compliance No.
 1027, dated February 9, 2021.
Supplemental Response to Request for            ML21083A029
 Additional Information for the TN Americas
 LLC Application for Renewal of the TN-68 Dry
 Storage Cask, Certificate of Compliance No.
 1027, dated March 24, 2021.
User Need Memorandum for Rulemaking for         ML21174A125
 Certificate of Compliance Renewal, Initial
 Issue (Amendment Number 0), Amendment Number
 1 to TN-68 Dry Storage Cask, dated September
 20, 2021.
Preliminary Safety Evaluation Report for the    ML21174A128
 TN-32 Dry Storage Cask Certificate of
 Compliance Renewal.
Proposed Certificate of Compliance No. 1027,    ML21174A126
 Renewed Initial Certificate.
Proposed Technical Specifications, Appendix A,  ML21174A129
 Certificate of Compliance No. 1027, Renewed
 Initial Certificate.
Proposed Certificate of Compliance No. 1027,    ML21174A127
 Renewed Amendment No. 1.
Proposed Technical Specifications, Appendix A,  ML21174A131
 Certificate of Compliance No. 1027, Renewed
 Amendment No. 1.
------------------------------------------------------------------------

    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-2021-0161.

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, Certificate of Compliance No. 1027 is revised to 
read as follows:


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1027.
    Initial Certificate Effective Date: May 30, 2000, superseded by 
Renewed Initial Certificate on February 22, 2022.
    Amendment Number 1 Effective Date: October 30, 2007, superseded by

[[Page 69984]]

Renewed Amendment Number 1 on February 22, 2022.
    SAR Submitted by: Transnuclear, Inc., now TN Americas LLC.
    Renewal SAR Submitted by: TN Americas LLC.
    SAR Title: Final Safety Analysis Report for the TN-68 Dry Storage 
Cask.
    Docket Number: 72-1027.
    Certificate Expiration Date: May 28, 2020.
    Renewed Certificate Expiration Date: May 28, 2060.
    Model Number: TN-68.
* * * * *

    Dated: November 29, 2021.

    For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2021-26628 Filed 12-8-21; 8:45 am]
BILLING CODE 7590-01-P