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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
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Zoning Configurations 1113 for the 61BTH Type 2 dry shielded canister and 2 change the maximum assembly heat load from 1.2 kW to 1.7 kW. This amendment also includes minor clarification changes.
As documented in the preliminary safety evaluation report ADAMS
Accession No. ML20308A495, 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 Renewed Amendment No. 17 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.
The NRC staff determined that the amended TN Americas LLC
Standardized NUHOMS Horizontal Modular Storage System cask design, when used under the conditions specified in the certificate of compliance, the technical specifications, and the NRCs 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 72.210 may, consistent with the license conditions under 72.212, load spent nuclear fuel into TN Americas LLC Standardized NUHOMS Horizontal Modular Storage System casks that meet the criteria of Renewed Amendment No. 17 to Certificate of Compliance No. 1004.
V. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 Pub. L.
104113 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

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Standardized NUHOMS Horizontal Modular Storage System cask design listed in 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 NRCAreas 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 States administrative procedure laws.
VII. Plain Writing The Plain Writing Act of 2010 Pub.
L. 111274 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 NRCs 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 72.214 to revise the TN Americas LLC
Standardized NUHOMS Horizontal Modular Storage System listing within the List of approved spent fuel storage casks to include Renewed Amendment
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No. 17 to Certificate of Compliance No.
1004.
B. The Need for the Action This direct final rule amends the certificate of compliance for the TN
Americas LLC Standardized NUHOMS
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, Renewed Amendment No. 17 revises the certificate of compliance technical specifications to 1 add Heat Load Zoning Configurations 1113 for the 61BTH Type 2 dry shielded canister and 2 change the maximum assembly heat load from 1.2 kW to 1.7 kW. This amendment also includes minor clarifications to the certificate of compliance.
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 Renewed Amendment No. 17 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.
TN Americas LLC Standardized NUHOMS Horizontal Modular 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 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.
The design of the cask would prevent loss of confinement, shielding, and criticality control in the event of each evaluated accident condition. If there is no loss of confinement, shielding, or criticality control, the environmental impacts resulting from an accident
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