[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Rules and Regulations]
[Pages 27397-27402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09358]



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 Rules and Regulations
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  Federal Register / Vol. 88 , No. 84 / Tuesday, May 2, 2023 / Rules 
and Regulations  

[[Page 27397]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2023-0050]
RIN 3150-AK93


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. 3

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, 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
3 to Certificate of Compliance No. 1042. Amendment No. 3 revises the 
certificate of compliance to add three new heat load zone 
configurations, add a variable-lead thickness transfer cask, add ATRIUM 
11 fuel as an allowable content, update the criticality evaluation, 
allow ultrasonic testing of the outer top cover plate weld, reduce the 
time limit for transfer of two heat load zone configurations, 
incorporate a method to determine new loading patterns, waive a 
fabrication pressure test requirement, and make conforming changes for 
consistency and terminology clarification. Amendment No. 3 also 
includes additional changes associated with consideration of severe 
weather, maintaining water in the annulus, and design changes to the 
Matrix Loading Crane.

DATES: This direct final rule is effective July 17, 2023, unless 
significant adverse comments are received by June 1, 2023. 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direct final rule is withdrawn as a result of such comments, timely 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-2023-0050, 
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, telephone: 301-415-
6825, email: [email protected] or Caylee Kenny, telephone: 301-
415-7150, 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-2023-0050 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-2023-0050. 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.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's 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. eastern time, Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    Please include Docket ID NRC-2023-0050 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

[[Page 27398]]

inform those persons not to include identifying or contact information 
that they do not want to be publicly disclosed in their comment 
submission. Your request should state that the NRC does not routinely 
edit comment submissions to remove such information before making the 
comment submissions available to the public or entering the comment 
into ADAMS.

II. Rulemaking Procedure

    This rule is limited to the changes contained in Amendment No. 3 to 
Certificate of Compliance No. 1042 and does not include other aspects 
of the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage 
System design. The NRC is using the ``direct final rule procedure'' to 
issue this amendment because it represents a limited and routine change 
to an existing certificate of compliance that is expected to be non-
controversial. Adequate protection of public health and safety 
continues to be reasonably assured. The amendment to the rule will 
become effective on July 17, 2023. However, if the NRC receives any 
significant adverse comment on this direct final rule by June 1, 2023, 
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 or as otherwise 
appropriate. In general, 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 (TS).

III. Background

    Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, 
states 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), 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 as Certificate of 
Compliance No. 1042.

IV. Discussion of Changes

    On March 31, 2021, TN Americas LLC submitted a request to the NRC 
to amend Certificate of Compliance No. 1042. TN Americas LLC 
supplemented its request on the following dates: June 23, 2021, August 
4, 2021, September 3, 2021, October 22, 2021, November 30, 2021, 
February 25, 2022, June 7, 2022, June 29, 2022, September 30, 2022, 
October 31, 2022, November 14, 2022, and December 21, 2022. The 
applicant requested nine changes to the CoC in its initial submittal, 
and then requested three additional changes in later submittals.
    Amendment No. 3 revises the certificate and compliance and 
technical specifications (TS) to make the following nine changes that 
were requested in the March 31, 2021, submittal:
     Add three new heat load zone configurations (HLZCs) No. 4, 
5, and 6 for the EOS-89BTH Dry Shielded Canister (DSC). This change 
includes a revision to the maximum heat load of the of the EOS-89BTH 
DSC to 48.2 kW per DSC, and the maximum heat load for any single 
assembly to 1.7 kW. This revision reduces the minimum cooling time from 
two years to one year.
     Add a variable-lead thickness EOS-TC125 transfer cask with 
minimum and maximum values for thickness for use with the EOS-89BTH DSC 
to decrease the lead thickness from the previously analyzed design.
     Add ATRIUM 11 fuel as an allowable content in the EOS-
89BTH DSC to allow offloading of pools with this fuel type. This change 
also reran the limiting GNF2 and ABB-10-C fuel type cases to reduce the 
statistical uncertainties and increase the enrichment limits.
     Update the criticality evaluation to allow ``short-
loading'' configurations of Boiling Water Reactor fuel in the EOS-89BTH 
DSC with less than 89 fuel assemblies to increase the enrichment 
limits.
     Revise the TS to allow for phased array automated 
ultrasonic testing and utilize a single pass high amperage gas tungsten 
arc weld or multipass gas tungsten arc weld on the outer top cover 
plate. This change allows for the use of a single high amperage gas 
tungsten arc weld for a faster weld, resulting in less occupational 
exposure. This change also allows for the use of ultrasonic testing to 
verify the weld, which allows for more stringent weld examination.
     Revise the TS to reduce EOS-37PTH HLZCs 1 and 2 time limit 
for transfer to eight hours to make the time limit for transfer 
consistent among EOS-37PTH DSC's with transfer time limits.
     Incorporate a method to determine new loading patterns 
based on the maximum allowable heat load per DSC and per location 
specified in the TS. All HLZCs and time limits for transfer for the 
EOS-89BTH DSC transferred in the EOS-TC125 are moved from the TS to the 
Updated Final Safety Analysis Report (UFSAR) Chapter 2. This introduces 
the ability to allow flexibility in developing heat loading plans, in 
particular when performing full-core offload of shutdown cores.

[[Page 27399]]

     Waive the fabrication pressure test required in American 
Society of Mechanical Engineers Boiler and Pressure Vessel Code, 
Section III, NB-6000 for the EOS-37PTH and the EOS-89BTH DSCs with a 
single piece bottom forging.
     Make conforming changes to TS and USFAR for consistency 
among DSC types and terminology clarification.
    In addition to the nine changes requested by applicant in their 
letter dated March 31, 2021, the applicant requested three additional 
scope changes in letters dated October 22, 2021, June 29, 2022, and 
September 30, 2022. The three additional scope changes include:
     UFSAR revisions associated with transfer cask lifting 
heights and consideration of severe weather. The revisions include a 
revised definition of ``Safe Condition and Forecast'' within the UFSAR 
to incorporate other forecasted weather conditions where the wind gust 
is expected to exceed the off-normal design condition operating wind 
limit of 44mph as defined in ASME NOG-1 with respect to the independent 
spent fuel storage installation (ISFSI) equipment Matrix Loading Crane 
(MX-LC).
     UFSAR revisions associated with maintaining water in the 
annulus by preventing and mitigating boiling occurring in the water in 
the TC/DSC annulus through demineralized water replenishment 
operations.
     Design changes to the MX-LC, including use of wheel 
chocks, to allow the MX-LC to be used as a single-failure-proof handing 
device to load DSCs into the HSM-MX above the maximum lifting height. 
This revision does not apply to the transfer and retrieval of the 
NUHOMS[supreg] 61BTH Type 2 DSC to and from the HSM-MX using the MX-LC, 
which has not been analyzed or approved for use under Amendment No. 3.
    The changes to the aforementioned documents are identified with 
revisions bars in the margin of each document.
    As documented in the preliminary safety evaluation report, the NRC 
performed a safety evaluation of the proposed certificate of compliance 
amendment request. The NRC determined that this amendment does not 
reflect a significant change in design or fabrication of the cask. 
Specifically, the NRC determined that the design of the cask would 
continue to maintain confinement, shielding, and criticality control in 
the event of each evaluated accident condition. In addition, any 
resulting occupational exposure or offsite dose rates from the 
implementation of Amendment No. 3 would remain well within the limits 
specified by 10 CFR part 20, ``Standards for Protection Against 
Radiation.'' Therefore, the NRC found there will be no significant 
change in the types or amounts of any effluent released, no significant 
increase in the individual or cumulative radiation exposure, and no 
significant increase in the potential for or consequences from 
radiological accidents.
    The NRC determined that the amended NUHOMS[supreg] EOS Dry Spent 
Fuel Storage System cask design, when used under the conditions 
specified in the certificate of compliance, the TS, and the NRC's 
regulations, will meet the requirements of 10 CFR part 72; therefore, 
adequate protection of public health and safety will continue to be 
reasonably assured. When this direct final rule becomes effective, 
persons who hold a general license under Sec.  72.210 may, consistent 
with the license conditions under Sec.  72.212, load spent nuclear fuel 
into TN Americas LLC, NUHOMS[supreg] EOS Dry Spent Fuel Storage System 
casks that meet the criteria of Amendment No. 3 to Certificate of 
Compliance No. 1042.

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 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System 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.

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 Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System listing within the 
``List of approved spent fuel storage casks'' to include Amendment No. 
3 to Certificate of Compliance No. 1042.

B. The Need for the Action

    This direct final rule amends the certificate of compliance for the 
TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System 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, 
Amendment No. 3 revises the certificate of compliance to: add three new 
HLZCs for the EOS-89BTH DSC, with increased heat load up to 1.7 kW per 
fuel assembly, which reduces the minimum cooling time to one year; add 
a variable-lead thickness EOS-TC125 for transfer with the EOS-89BTH 
DSC; add ATRIUM 11 fuel as an allowable content in the EOS-89BTH DSC 
and rerun the limiting GNF2 and ABB-10-C cases to reduce the 
statistical uncertainties and increase the enrichment limits; update 
the criticality evaluation to allow short-loading the EOS-89BTH DSC 
with less than 89 fuel assemblies to increase the enrichment limits; 
revise the TS to allow for phased array automated ultrasonic testing 
and utilize a single pass high amperage gas tungsten arc weld or 
multipass gas tungsten arc weld on the outer top cover plate; revise 
the TS to reduce EOS-37PTH HLZC 1 and 2 time limit for

[[Page 27400]]

transfer to eight hours; incorporate a method to determine new loading 
patterns based on the maximum allowable heat load per DSC and per 
location specified in the TS and move all HLZCs and time limits for 
transfer for the EOS-89BTH DSC transferred in the EOS-TC125 from the TS 
to UFSAR Chapter 2; waive the fabrication pressure test requirement or 
the single bottom forging EOS-DSCs; and make minor changes to TS and 
USFAR for consistency among DSC types and terminology clarification. 
Additionally, Amendment No. 3 includes changes associated with 
consideration of severe weather; changes associated with maintaining 
water in the annulus; and design changes to the Matrix Loading Crane.

C. Environmental Impacts of the Action

    On July 18,1990 (55 FR 29181), the NRC issued an amendment to 10 
CFR part 72 to provide for the storage of spent fuel under a general 
license in cask designs approved by the NRC. The potential 
environmental impact of using NRC-approved storage casks was analyzed 
in the environmental assessment for the 1990 final rule. The 
environmental assessment for this Amendment No. 3 tiers off 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.
    TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System is 
designed to mitigate the effects of design basis accidents that could 
occur during storage. Design basis accidents account for human-induced 
events and the most severe natural phenomena reported for the site and 
surrounding area. Postulated accidents analyzed for an ISFSI, the type 
of facility at which a holder of a power reactor operating license 
would store spent fuel in casks in accordance with 10 CFR part 72, can 
include tornado winds and tornado-generated missiles, a design basis 
earthquake, a design basis flood, an accidental cask drop, lightning 
effects, fire, explosions, and other incidents.
    This amendment does not reflect a significant change in design or 
fabrication of the cask. Because there are no significant design or 
process changes, any resulting occupational exposure or offsite dose 
rates from the implementation of Amendment No. 3 would remain well 
within the 10 CFR part 20 limits. The NRC has also determined that the 
design of the cask as modified by this rule will maintain confinement, 
shielding, and criticality control in the event of an accident. 
Therefore, the proposed changes will not result in any radiological or 
non-radiological environmental impacts that significantly differ from 
the environmental impacts evaluated in the environmental assessment 
supporting the July 18, 1990, final rule. There will be no significant 
change in the types or significant revisions in the amounts of any 
effluent released, no significant increase in the individual or 
cumulative radiation exposures, and no significant increase in the 
potential for, or consequences from, radiological accidents. The NRC 
documented its safety findings in the preliminary safety evaluation 
report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Amendment No. 
3 and not issue the direct final rule. Consequently, any 10 CFR part 72 
general licensee that seeks to load spent nuclear fuel into the TN 
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System in 
accordance with the changes described in proposed Amendment No. 3 would 
have to request an exemption from the requirements of Sec. Sec.  72.212 
and 72.214. Under this alternative, interested licensees would have to 
prepare, and the NRC would have to review, a separate exemption 
request, thereby increasing the administrative burden upon the NRC and 
the costs to each licensee. The environmental impacts would be the same 
as the proposed action.

E. Alternative Use of Resources

    Approval of Amendment No. 3 to Certificate of Compliance No. 1042 
would result in no irreversible commitment of resources.

F. Agencies and Persons Contacted

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

G. Finding of No Significant Impact

    The environmental impacts of the action have been reviewed under 
the requirements in the National Environmental Policy Act of 1969, as 
amended, and the NRC's regulations in subpart A of 10 CFR part 51, 
``Environmental Protection Regulations for Domestic Licensing and 
Related Regulatory Functions.'' Based on the foregoing environmental 
assessment, the NRC concludes that this direct final rule, ``List of 
Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS[supreg] EOS 
Dry Spent Fuel Storage System, Certificate of Compliance No. 1042, 
Amendment No. 3,'' 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 
March 24, 2017 (82 FR 14987), the NRC issued an amendment to 10 CFR 
part 72 that approved the TN Americas LLC, NUHOMS[supreg] EOS Dry Spent 
Fuel Storage System by adding it to the list of NRC-approved cask 
designs in Sec.  72.214.
    On March 31, 2021, and as supplemented on June 23, 2021, August 4, 
2021, September 3, 2021, October 22, 2021, November 30, 2021, February 
25,

[[Page 27401]]

2022, June 7, 2022, June 29, 2022, September 30, 2022, October 31, 
2022, November 14, 2022, and December 21, 2022, TN Americas LLC 
submitted a request to amend the NUHOMS[supreg] EOS Dry Spent Fuel 
Storage System as described in Section IV, ``Discussion of Changes,'' 
of this document.
    The alternative to this action is to withhold approval of Amendment 
No. 3 and to require any 10 CFR part 72 general licensee seeking to 
load spent nuclear fuel into TN Americas LLC, NUHOMS[supreg] EOS Dry 
Spent Fuel Storage System casks under the changes described in 
Amendment No. 3 to request an exemption from the requirements of 
Sec. Sec.  72.212 and 72.214. Under this alternative, each interested 
10 CFR part 72 licensee would have to prepare, and the NRC would have 
to review, a separate exemption request, thereby increasing the 
administrative burden upon the NRC and the costs to each licensee.
    Approval of this direct final rule is consistent with previous NRC 
actions. Further, as documented in the preliminary safety evaluation 
report and environmental assessment, this direct final rule will have 
no adverse effect on public health and safety or the environment. This 
direct final rule has no significant identifiable impact or benefit on 
other government agencies. Based on this regulatory analysis, the NRC 
concludes that the requirements of this direct final rule are 
commensurate with the NRC's responsibilities for public health and 
safety and the common defense and security. No other available 
alternative is believed to be as satisfactory; therefore, this action 
is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (Sec.  72.62) does not 
apply to this direct final rule. Therefore, a backfit analysis is not 
required. This direct final rule revises Certificate of Compliance No. 
1042 for the TN Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage 
System, as currently listed in Sec.  72.214. The revision consists of 
the changes in Amendment No. 3 previously described, as set forth in 
the revised certificate of compliance and TS.
    Amendment No. 3 to Certificate of Compliance No. 1042 for the TN 
Americas LLC NUHOMS[supreg] EOS Dry Spent Fuel Storage System was 
initiated by TN Americas LLC and was not submitted in response to new 
NRC requirements, or an NRC request for amendment. Amendment No. 3 
applies only to new casks fabricated and used under Amendment No. 3. 
These changes do not affect existing users of the TN Americas LLC 
NUHOMS[supreg] EOS Dry Spent Fuel Storage System, and current Amendment 
Nos. 0-2 continue to be effective for existing users. While current 
users of this storage system may comply with the new requirements in 
Amendment No. 3, this would be a voluntary decision on the part of 
current users.
    For these reasons, Amendment No. 3 to Certificate of Compliance No. 
1042 does not constitute backfitting under Sec.  72.62 or Sec.  
50.109(a)(1), or otherwise represent an inconsistency with the issue 
finality provisions applicable to combined licenses in 10 CFR part 52. 
Accordingly, the NRC has not prepared a backfit analysis for this 
rulemaking.

XIII. Congressional Review Act

    This direct final rule is not a rule as defined in the 
Congressional Review Act.

XIV. Availability of Documents

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

----------------------------------------------------------------------------------------------------------------
                                                                ADAMS Accession No./ web link/Federal Register
                          Document                                                 citation
----------------------------------------------------------------------------------------------------------------
                    Proposed certificate of compliance and proposed technical specifications
----------------------------------------------------------------------------------------------------------------
Proposed certificate of compliance No. 1042 (Amendment No.   ML23027A214.
 3).
Proposed Certificate of Compliance No. 1042 Appendix A:      ML23027A216.
 NUHOMS[supreg] EOS System Generic Technical Specifications
 Amendment 3.
Preliminary Safety Evaluation Report for the NUHOMS[supreg]  ML23027A217.
 EOS System: Certificate of Compliance No. 1042 Amendment
 No. 3.
----------------------------------------------------------------------------------------------------------------
                                             Environmental Documents
----------------------------------------------------------------------------------------------------------------
Environmental Assessment for Proposed Rule Entitled,         ML051230231.
 ``Storage of Spent Nuclear Fuel in NRC-Approved Storage
 Casks at Nuclear Power Reactor Sites.'' (1989).
``Environmental Assessment and Finding of No Significant     ML100710441.
 Impact for the Final Rule Amending 10 CFR Part 72 License
 and Certificate of Compliance Terms'' (2010).
Generic Environmental Impact Statement for Continued         ML14198A440 (package).
 Storage of Spent Nuclear Fuel: Final Report (NUREG-2157,
 Volumes 1 and 2) (2014).
``Storage of Spent Fuel In NRC-Approved Storage Casks at     55 FR 29181.
 Power Reactor Sites'' Final Rule (July 18, 1990).
----------------------------------------------------------------------------------------------------------------
                         TN Americas, LLC, NUHOMS EOS Amendment 3 Application Documents
----------------------------------------------------------------------------------------------------------------
TN Americas LLC Application for Amendment 3 to NUHOMS EOS    ML21102A281 (package).
 Certificate of Compliance No. 1042, Revision 0 (March 31,
 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML21174A231.
 Certificate of Compliance No. 1042, Revision 1--Response
 to Request for Supplemental Information (June 23, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML21209A098.
 Certificate of Compliance No. 1042, Revision 2--Revised
 Response to OBS 4-6 (August 4, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML21246A136.
 Certificate of Compliance No. 1042, Revision 3--Revised
 Response to OBS 4-5 and Revised UFSAR Pages (September 3,
 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML21295A260.
 Certificate of Compliance No. 1042, Revision 3a--Amendment
 Scope Change (October 22, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML21334A206.
 Certificate of Compliance No. 1042, Revision 4--Response
 to Request for Additional Information (November 30, 2021).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML22056A458.
 Certificate of Compliance No. 1042, Revision 5--Response
 to Request for Additional Information (New Scope) and
 Revised Responses to Request for Additional Information
 (February 25, 2022).

[[Page 27402]]

 
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML22158A293.
 Certificate of Compliance No. 1042, Revision 6--Revised
 Responses to Request for Additional Information (June 7,
 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML22180A266.
 Certificate of Compliance No. 1042, Revision 7--
 Clarification Regarding Annulus Temperatures During Vacuum
 Drying Operations (June 29, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML22273A031.
 Certificate of Compliance No. 1042, Revision 8--ASME NOG-1
 Compliance and the Matrix Loading Crane (September 30,
 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML22304A217.
 Certificate of Compliance No. 1042, Revision 9--
 Clarifications Regarding Annulus Water, MX-LC Alignment,
 and Seismic Damping Values (October 31, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML22318A205.
 Certificate of Compliance No. 1042, Revision 10--
 Additional Information regarding ASME NOG-1 Compliance and
 the Matrix Loading Crane (November 14, 2022).
TN Americas LLC, Application for Amendment 3 to NUHOMS EOS   ML22355A219.
 Certificate of Compliance No. 1042, Revision 11--Response
 to Request for Additional Information (New Scope Addition
 #3--ASME NOG-1 Exceptions) and Clarifications Regarding
 Annulus Water (December 21, 2022).
----------------------------------------------------------------------------------------------------------------
                                                 Other Documents
----------------------------------------------------------------------------------------------------------------
Storage of Spent Fuel In NRC-Approved Storage Casks at       55 FR 29181.
 Power Reactor Sites: Final Rule, dated July 18, 1990.
List of Approved Spent Fuel Storage Casks: TN Americas LLC,  82 FR 14987.
 NUHOMS[supreg] EOS Dry Spent Fuel Storage System,
 Certificate of Compliance No. 1042: Direct Final Rule,
 dated March 24, 2017.
----------------------------------------------------------------------------------------------------------------

    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-2023-0050. In addition, the 
Federal rulemaking website allows members of the public to receive 
alerts when changes or additions occur in a docket folder. To 
subscribe: (1) navigate to the docket folder (NRC-2023-0050); (2) click 
the ``Subscribe'' link; and (3) enter an email address and click on the 
``Subscribe'' link.

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, Spent fuel, Whistleblowing.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as 
amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following 
amendments to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

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

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


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


Sec.  72.214  List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1042.
    Initial Certificate Effective Date: June 7, 2017.
    Amendment Number 1 Effective Date: June 17, 2020.
    Amendment Number 2 Effective Date: October 26, 2021.
    Amendment Number 3 Effective Date: July 17, 2023.
    SAR Submitted by: TN Americas LLC.
    SAR Title: Final Safety Analysis Report for the NUHOMS[supreg] EOS 
Dry Spent Fuel Storage System.
    Docket Number: 72-1042.
    Certificate Expiration Date: June 7, 2037.
    Model Number: EOS-37PTH, EOS-89BTH, 61BTH Type 2.
* * * * *

    Dated: April 25, 2023.

    For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-09358 Filed 5-1-23; 8:45 am]
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