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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations the NRCs Public Document Room PDR
reference staff at 18003974209, 301
4154737, or by email to pdr.resource@
nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.
NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs Public Document Room PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@
nrc.gov or call 18003974209 or 301
4154737, between 8:00 a.m. and 4:00
p.m. ET, Monday through Friday, except Federal holidays.

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B. Submitting Comments Please include Docket ID NRC2021
0161 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website at https www.regulations.gov. If your material cannot be submitted using https www.regulations.gov, call or email the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of this document for alternate instructions.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission.
The NRC will post all comment submissions at https
www.regulations.gov as well as enter the comment submissions into ADAMS.
The NRC does not routinely edit comment submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
II. Rulemaking Procedure This rule is limited to the renewal of the initial certificate and Amendment No. 1 of Certificate of Compliance No.
1027 and does not include other aspects of the TN Americas LLC, TN68 Dry Storage Cask system design. The NRC is using the direct final rule procedure to issue this renewal because it represents a limited and routine change to an existing certificate of compliance that is expected to be non-controversial.

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Adequate protection of public health and safety continues to be reasonably assured. The amendment to the rule will become effective on February 22, 2022.
However, if the NRC receives any significant adverse comments on this direct final rule by January 10, 2022, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action.
A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rules underlying premise or approach, or would be ineffective or unacceptable without a change. A
comment is adverse and significant if:
1 The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when:
a The comment causes the NRC to reevaluate or reconsider its position or conduct additional analysis;
b The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or c The comment raises a relevant issue that was not previously addressed or considered by the NRC.
2 The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.
3 The comment causes the NRC to make a change other than editorial to the rule, certificate of compliance, or technical specifications.
III. Background Section 218a of the Nuclear Waste Policy Act of 1982, as amended, requires that the Secretary of the Department of Energy shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the Nuclear Regulatory Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Section 133 of the Nuclear Waste Policy Act states, in part,
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that the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 219a sic:
218a for use at the site of any civilian nuclear power reactor.
To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations 10 CFR
entitled General License for Storage of Spent Fuel at Power Reactor Sites 55
FR 29181; July 18, 1990. This rule also established a new subpart L in 10 CFR
part 72 entitled Approval of Spent Fuel Storage Casks, which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on April 28, 2000 65 FR
24855, that approved the TN68 Dry Storage Cask system design and added it to the list of NRC-approved cask designs in 72.214 as Certificate of Compliance No. 1027. The NRC issued a direct final rule on August 16, 2007
72 FR 45880, that approved Amendment No. 1 to Certificate of Compliance No. 1027 for the TN68 Dry Storage Cask system design and added it to the list of NRC approved cask designs in 72.214.
IV. Discussion of Changes On April 9, 2020, TN Americas LLC
submitted a request to the NRC to renew, for an additional 40 years, the initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027
for the TN68 Dry Storage Cask system.
TN Americas LLC supplemented its request on July 29, 2020; February 9, 2021; and March 24, 2021.
The renewal of the initial certificate and Amendment No. 1 was conducted in accordance with the renewal provisions in 72.240. This section of the NRC spent fuel storage regulations authorizes the NRC to include any additional certificate conditions it deems necessary to ensure the safe operation of the cask during the certificates renewal period. The NRC
included three additional conditions to the renewal of the initial certificate of compliance and Amendment No. 1:
The submittal of an updated final safety analysis report UFSAR to address aging management activities resulting from the renewal of the certificate of compliance. This condition ensures that the UFSAR changes are made in a timely fashion to enable general licensees using the storage system during the period of extended
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