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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations 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 NUHOMS
EOS Dry Spent Fuel Storage System listing within the List of approved spent fuel storage casks to include Amendment No. 2 to Certificate of Compliance No. 1042.

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B. The Need for the Action This direct final rule amends the certificate of compliance for the TN
Americas LLC NUHOMS EOS Dry Spent Fuel Storage System 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, Amendment No. 2 revises the certificate of compliance as described in Section IV, Discussion of Changes, of this document, for the use of the TN
Americas LLC NUHOMS EOS Dry Spent Fuel Storage System.
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 Amendment No. 2 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.
The TN Americas LLC NUHOMS
EOS Dry Spent Fuel 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
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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.
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. 2
would remain well within the 10 CFR
part 20 limits. The NRC has also determined that the design of the cask as modified by this rule would still maintain confinement, shielding, and criticality control in the event of an accident. 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 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
E. Alternative Use of Resources Approval of Amendment No. 2 to Certificate of Compliance No. 1042

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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, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. Based on the foregoing environmental assessment, the NRC concludes that this direct final rule, List of Approved Spent Fuel Storage Casks: TN Americas LLC
NUHOMS EOS Dry Spent Fuel Storage System, Certificate of Compliance No.
1042, Amendment No. 2, 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 alternative to this action is to deny approval of Amendment No. 2 and not issue the direct final rule.
Consequently, any 10 CFR part 72
general licensee that seeks to load spent nuclear fuel into the TN Americas LLC
NUHOMS EOS Dry Spent Fuel Storage System in accordance with the changes described in proposed Amendment No.
2 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.

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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 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.

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