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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
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
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A. Obtaining Information Please refer to Docket ID NRC2020
0274 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 NRC20200274.
NRCs 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 NRCs Public Document Room PDR
reference staff at 18003974209, 301
4154737, or by email to pdr.resource@
nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.
Attention: The Public Document Room 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 pdr.resource@nrc.gov or call 1800
3974209 between 8:00 a.m. and 4:00
p.m. EST, Monday through Friday, except Federal holidays.
B. Submitting Comments The NRC encourages electronic comment submission through the Federal Rulemaking website https
www.regulations.gov. Please include Docket ID NRC20200274 in your comment submission.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission.
The NRC will post all comment submissions at https
www.regulations.gov as well as enter the comment submissions into ADAMS.
The NRC does not routinely edit
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comment submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure This rule is limited to the changes contained in Renewed Amendment No.
17 to Certificate of Compliance No. 1004
and does not include other aspects of the TN Americas LLC, Standardized NUHOMS Cask 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. The NRC has determined that, with the requested changes, adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on June 7, 2021. However, if the NRC receives any significant adverse comments on this direct final rule by April 23, 2021, 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 rules 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-andcomment 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
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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 218a of the Nuclear Waste Policy Act of 1982, as amended, requires that the Secretary of the Department of Energy shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Nuclear Regulatory Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Section 133 of the Nuclear Waste Policy Act states, in part, that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219a sic:
218a 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 December 22, 1994 59 FR
65898 that approved the TN Americas LLC Standardized NUHOMS System design and added it to the list of NRCapproved cask designs in 72.214 as Certificate of Compliance No. 1004.
IV. Discussion of Changes On June 11, 2020, TN Americas LLC
submitted a request to the NRC to amend Certificate of Compliance No.
1004. TN Americas LLC supplemented its request on September 11, 2020.
Renewed Amendment No. 17 revises the certificate of compliance technical specifications to 1 add Heat Load
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