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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations casks, or that load these casks in the future under the specifications of the applicable certificate, may continue to store spent fuel in these systems for the initial 20-year storage period consistent with the original certificate. The aging management activities required to be implemented by this renewal are only required after the storage cask systems initial 20-year service period ends. As explained in the 2011 final rule that amended 10 CFR part 72 76 FR 8872, Question I, the general licensees authority to use a particular storage cask design under an approved certificate of compliance terminates 20 years after the date that the general licensee first loads the particular cask with spent fuel, unless the casks certificate of compliance is renewed. Because this rulemaking renews the initial certificate and Amendment No. 1, and renewal is a separate licensing action voluntarily implemented by vendors, the renewal of the initial certificate and Amendment No. 1 is not an imposition of new or changed requirements from which these licensees would otherwise be protected by the backfitting provisions in 72.62.

the initial 20-year period, these general licensees will be required to implement aging management activities for any cask systems subject to a renewed certificate of compliance, but such continued use is voluntary.
For these reasons, renewing the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1027, and imposing the additional conditions previously discussed, 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.

TN Americas LLC Renewal Application for the TN68 Dry Storage Cask Certificate of Compliance No. 1027, dated April 9, 2020.
Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN68
Dry Storage Cask, Certificate of Compliance No. 1027, dated July 29, 2020.
Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN68
Dry Storage Cask, Certificate of Compliance No. 1027, dated February 9, 2021.
Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN68
Dry Storage Cask, Certificate of Compliance No. 1027, dated March 24, 2021.
User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue Amendment Number 0, Amendment Number 1 to TN68 Dry Storage Cask, dated September 20, 2021.
Preliminary Safety Evaluation Report for the TN32 Dry Storage Cask Certificate of Compliance Renewal
Proposed Certificate of Compliance No. 1027, Renewed Initial Certificate
Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Initial Certificate
Proposed Certificate of Compliance No. 1027, Renewed Amendment No. 1
Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Amendment No. 1

ML20100F295

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 NRC20210161.
List of Subjects in 10 CFR Part 72

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Even if renewal of the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1027
could be considered a backfit, TN
Americas LLC, as the holder of the certificate of compliance and vendor of the casks, is not protected by the backfitting provisions in 72.62.
Unlike a vendor, general licensees using the existing systems subject to this renewal would be protected by the backfitting provisions in 72.62 if the renewal constituted new or changed requirements applicable during the initial 20-year storage period. But, as previously explained, renewal of the initial certificate and Amendment No. 1
of Certificate of Compliance No. 1027
does not impose such requirements. The general licensee using the initial certificate or Amendment No. 1 of Certificate of Compliance No. 1027 may continue storing material in its respective cask systems for the initial 20-year storage period identified in the applicable certificate or amendment with no changes. If general licensees choose to continue to store spent fuel in the TN68 Dry Storage Cask system after
Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C.

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552 and 553, the NRC is adopting the following amendments to 10 CFR part 72:
PART 72LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:

Authority: Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021; Energy Reorganization Act of 1974, secs. 201, 202,
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206, 211 42 U.S.C. 5841, 5842, 5846, 5851;
National Environmental Policy Act of 1969
42 U.S.C. 4332; Nuclear Waste Policy Act of 1982, secs. 117a, 132, 133, 134, 135, 137, 141, 145g, 148, 218a 42 U.S.C. 10137a, 10152, 10153, 10154, 10155, 10157, 10161, 10165g, 10168, 10198a; 44 U.S.C. 3504
note.

2. In 72.214, Certificate of Compliance No. 1027 is revised to read as follows:

72.214 List of approved spent fuel storage casks.

Certificate Number: 1027.
Initial Certificate Effective Date: May 30, 2000, superseded by Renewed Initial Certificate on February 22, 2022.
Amendment Number 1 Effective Date:
October 30, 2007, superseded by
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09DER1