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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Rules and Regulations
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 and the conditions of the general license are met. A list of NRC-approved cask designs is contained in 72.214. On March 24, 2017 82 FR
14987, as corrected 82 FR 34387; July 25, 2017, the NRC issued an amendment to 10 CFR part 72 that approved the TN Americas LLC
NUHOMS EOS Dry Spent Fuel Storage System design by adding it to the list of NRC-approved cask designs in 72.214.
On April 18, 2019, as supplemented on August 5, 2019; October 2, 2019;
October 29, 2019; June 30, 2020;
October 29, 2020; and January 27, 2021, TN Americas LLC submitted a request to amend the TN Americas LLC
NUHOMS EOS Dry Spent Fuel Storage System as described in Section IV, Discussion of Changes, of this document.
The alternative to this action is to withhold approval of Amendment No. 2
and to require any 10 CFR part 72
general licensee seeking to load spent nuclear fuel into TN Americas LLC
NUHOMS EOS Dry Spent Fuel Storage System under the changes described in Amendment No. 2 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. 1042 for the TN Americas LLC
NUHOMS EOS Dry Spent Fuel Storage System, as currently listed in 72.214.
The revision consists of the changes in Amendment No. 2 previously described, as set forth in the revised certificate of
compliance and technical specifications.
Amendment No. 2 to Certificate of Compliance No. 1042 for the TN
Americas LLC NUHOMS EOS Dry Spent Fuel Storage System was initiated by TN Americas LLC, and was not submitted in response to new NRC
requirements, or an NRC request for amendment. Amendment No. 2 applies only to new casks fabricated and used under Amendment No. 2. These changes do not affect existing users of the TN
Americas LLC NUHOMS EOS Dry Spent Fuel Storage System, and the current Amendment No. 1 continues to be effective for existing users. While current users of this storage system may comply with the new requirements in Amendment No. 2, this would be a voluntary decision on the part of current users.
For these reasons, Amendment No. 2
to Certificate of Compliance No. 1042
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.
ADAMS Accession No./
Federal Register Citation
lotter on DSK11XQN23PROD with RULES1

Document Direct Final Rule, 10 CFR part 72, List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS
EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042; NRC20160254 RIN 3150AJ88, March 24, 2017.
Correcting Amendment, 10 CFR part 72, List of Approved Spent Fuel Storage Casks: TN Americas LLC, NUHOMS EOS Dry Spent Fuel Storage System, Certificate of Compliance No. 1042; NRC20160254 RIN
3150AJ88, July 25, 2017.
Initial Application from TN Americas LLC for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS
EOS Dry Spent Fuel Storage System Certificate of Compliance No. 1042, April 18, 2019.
Submittal of Acceptance Review of TN Americas LLC Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 1, Response to Request for Supplemental Information, August 5, 2019.
Acceptance Review of TN Americas LLC Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 2, Supplemental Information, October 2, 2019.
Acceptance Review of TN Americas LLC Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 3Supplemental Information, October 29, 2019.
TN Americas LLC, Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 5, June 30, 2020.
Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS EOS System, Revision 6, Revised Responses to Request for Additional Information, October 29, 2020.
TN America, LLCApplication for Certificate of Compliance No. 1042 Amendment No. 2 to NUHOMS EOS System, Revision 7Revised Response to Request for Additional Information, January 27, 2021.
User Need Memorandum Package to T. Martinez Navedo from J. McKirgan with Proposed Certificate of Compliance No. 1042, Amendment No. 2; Associated Proposed Technical Specifications; and the Preliminary Safety Evaluation Report, June 7, 2021.

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