Federal Register - March 24, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations
would be insignificant. 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 Renewed Amendment No. 17 would remain well within the 10 CFR part 20
limits. 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 Renewed Amendment No. 17 and not issue the direct final rule. Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into TN Americas LLC
Standardized NUHOMS Horizontal Modular Storage System in accordance with the changes described in proposed Renewed Amendment No. 17 would have to request an exemption from the requirements of 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 Renewed Amendment No. 17 to Certificate of Compliance No.
1004 would result in no irreversible commitment of resources.
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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 NRCs regulations in subpart A of 10 CFR part 51,
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X. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 5 U.S.C. 605b, 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 2.810.
FR 65898, the NRC issued an amendment to 10 CFR part 72 that approved the TN Americas LLC
Standardized NUHOMS Horizontal Modular Storage System design by adding it to the list of NRC-approved cask designs in 72.214.
On June 11, 2020, and as supplemented on September 11, 2020, TN Americas LLC submitted a request to amend the TN Americas LLC
Standardized NUHOMS Horizontal Modular Storage System as described in Section IV, Discussion of Changes, of this document.
The alternative to this action is to withhold approval of Renewed Amendment No. 17 and to require any 10 CFR part 72 general licensee seeking to load spent nuclear fuel into the TN
Americas LLC Standardized NUHOMS
Horizontal Modular Storage System under the changes described in Renewed Amendment No. 17 to request an exemption from the requirements of 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 NRCs 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.
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 it 1 notifies the NRC in advance, 2 the spent fuel is stored under the conditions specified in the casks certificate of compliance, and 3 the conditions of the general license are met. A list of NRC-approved cask designs is contained in 72.214. On December 22, 1994 59
XII. Backfitting and Issue Finality The NRC has determined that the backfit rule 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. 1004 for the TN Americas LLC
Standardized NUHOMS Horizontal Modular Storage System, as currently listed in 72.214. The revision consists of the changes in Renewed Amendment No. 17 previously described, as set forth in the revised certificate of compliance and technical specifications.
Renewed Amendment No. 17 to Certificate of Compliance No. 1004 for
Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule entitled List of Approved Spent Fuel Storage Casks: TN Americas LLC
Standardized NUHOMS Horizontal Modular Storage System, Certificate of Compliance No. 1004, Renewed Amendment No. 17 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 31500132.
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.
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