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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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18, 1990, final rule. Tiering on past environmental assessments is a standard process under the National Environmental Policy Act of 1969, as amended.
The NAC International NACUMS
Universal 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 tornadogenerated 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 provide confinement, shielding, and criticality control in the event of each evaluated accident condition. If confinement, shielding, and criticality control are maintained, the environmental impacts resulting from an accident 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 Amendment No. 8
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 Amendment No. 8 and not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the NACUMS
Universal Storage System in accordance with the changes described in proposed Amendment No. 8 would have to request an exemption from the requirements of 72.212 and 72.214.

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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. 8 to Certificate of Compliance No. 1015
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 NRCs regulations in subpart A of 10 CFR part 51. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, List of Approved Spent Fuel Storage Casks: NAC International NAC
UMS Universal Storage System, Certificate of Compliance No. 1015, Amendment No. 8, 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.
X. Regulatory Flexibility Certification The Regulatory Flexibility Act of 1980
5 U.S.C. 601 et seq. RFA requires agencies to consider the impact of their rules on small entities, including small businesses, not-for-profit organizations,
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and small governmental jurisdictions.
Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in sections 603 and 604 of the RFA.
However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605b of the RFA provides that a regulatory flexibility analysis is not required if the head of the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. The certification must include a statement providing the factual basis for this determination and the reasoning should be clear. The Executive Director for Operations has been delegated the authority to ensure this rule complies with the Regulatory Flexibility Act.
The NRC has established size standards at 10 CFR 2.810. This direct final rule affects only those authorized to possess or operate nuclear power reactors and NAC International. NAC
International is owned by Hitz Holdings U.S.A. Inc., a wholly owned subsidiary of Hitachi Zosen Corporation, which is not a small entity. Under 10 CFR
2.810e, a licensee who is a subsidiary of a large entity does not qualify as a small entity. This direct final rule would allow persons authorized to possess or operate a nuclear power reactor, who hold a general license under 72.210, consistent with the license conditions under 72.212, to load spent nuclear fuel into the NAC
International NACUMS Universal Storage System that meet the criteria of Amendment No. 8 to Certificate of Compliance No. 1015. The use of this general license to store spent nuclear fuel using Amendment No. 8 to Certificate of Compliance No. 1015
would reduce the need for and burden from requesting additional site-specific approvals and exemptions. Also, based on the NRC size standards at 10 CFR
2.810, none of the existing nuclear power plants storing spent nuclear fuel are small entities. Pursuant to its delegated authority, the Executive Director for Operations certifies under section 605 of the Regulatory Flexibility Act that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.

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