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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
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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 casks certificate of compliance, and 3 and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 72.214. On October 19, 2000 65 FR
62581, the NRC issued an amendment to 10 CFR part 72 that approved the NAC International NACUMS
Universal Storage System by adding it to the list of NRC-approved cask designs in 72.214.
On December 18, 2018, as supplemented on April 24, 2020, and August 7, 2020, NAC International submitted an application to amend the NAC International NACUMS
Universal Storage System as described in Section IV, Discussion of Changes, of this document. When this direct final rule becomes effective, persons authorized to possess or operate a nuclear power reactor and who hold a general license under 72.210 would be allowed 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, consistent with the license conditions under 72.212.
The alternative to this action is to withhold approval of Amendment No. 8
and to require any 10 CFR part 72

general licensee seeking to load spent nuclear fuel into the NAC International NACUMS Universal Storage System under the changes described in Amendment No. 8 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.
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. 1015 for the NAC International NACUMS Universal Storage System, as currently listed in 72.214. The revision consists of the changes in
Amendment No. 8 previously described, as set forth in the revised certificate of compliance and technical specifications.
Amendment No. 8 to Certificate of Compliance No. 1015 for the NAC
International NACUMS Universal Storage System was initiated by NAC
International and was not submitted in response to new NRC requirements, or an NRC request for amendment.
Amendment No. 8 applies only to new casks fabricated and used under Amendment No. 8. These changes do not affect existing users of the NAC
International NACUMS Universal Storage System, and the current Amendment No. 7 continues to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 8, this would be a voluntary decision on the part of current users.
For these reasons, Amendment No. 8
to Certificate of Compliance No. 1015
does not constitute backfitting under 72.62 or 50.109a1, 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.

Document
ADAMS accession No.

Submission of a Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1015 for the NAC
UMS Cask System, December 18, 2019.
Application for Amendment No. 8 to the Model No. NACUMS Storage CaskAcceptance Letter, March 17, 2020
NAC International, Submittal of Supplement to Amend the NRC Certificate of Compliance No. 1015 for the NACUMS Cask System, April 24, 2020.
Application for Amendment No. 8 to the Model No. NACUMS Storage CaskRequest for Additional Information, June 25, 2020.
Submission of Responses to the U.S. Nuclear Regulatory Commission Request for Additional Information for Certificate of Compliance No. 1015 for the NACUMS Cask System, August 7, 2020.
Memorandum to J. Cai re: User Need for Rulemaking for Amendment No. 8 Request, February 23, 2021
Proposed Certificate of Compliance No. 1015 Amendment No. 8, Technical Specifications, Appendix A
Proposed Certificate of Compliance No. 1015, Amendment No. 8, Technical Specifications Appendix B
Draft Certificate of Compliance No. 1015 Amendment No. 8
Certificate of Compliance No. 1015 Amendment No. 8, Preliminary Safety Evaluation Report

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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 NRC20210052.

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List of Subjects in 10 CFR Part 72
Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection,
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Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of the
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