83_FR_55817 83 FR 55601 - List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS® System, Certificate of Compliance No. 1004, Renewed Amendment No. 15

83 FR 55601 - List of Approved Spent Fuel Storage Casks: TN Americas LLC, Standardized NUHOMS® System, Certificate of Compliance No. 1004, Renewed Amendment No. 15

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 216 (November 7, 2018)

Page Range55601-55606
FR Document2018-24255

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the TN Americas LLC Standardized NUHOMS[supreg] Horizontal Modular Storage System (NUHOMS[supreg] System) listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 15 to Certificate of Compliance No. 1004. Because this amendment is subsequent to the renewal of the TN Americas LLC Standardized NUHOMS[supreg] Certificate of Compliance 1004 system and, therefore, subject to the Aging Management Program requirements of the renewed certificate, it is referred to as ``Renewed Amendment No. 15.'' Renewed Amendment No. 15 revises the Certificate of Compliance's technical specifications to: Unify and standardize fuel qualification tables; revise existing and add new heat load zoning configurations; increase the allowable maximum assembly average burnup; allow loading of damaged fuel assemblies under certain conditions; expand the definition of the poison rod assemblies to include rod cluster control assembly materials; allow other zirconium alloy cladding materials; add model OS197 as an authorized transfer cask; add the description for the solar shield in the updated final safety analysis report; and add flexibility to general licensees in verifying compliance regarding the storage pad location and the soil-structure interaction. Additionally, the rulemaking makes clarifications to rule text related to Certificate of Compliance No. 1004 by removing redundant language.

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018)
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Rules and Regulations]
[Pages 55601-55606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24255]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / 
Rules and Regulations

[[Page 55601]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2018-0212]
RIN 3150-AK16


List of Approved Spent Fuel Storage Casks: TN Americas LLC, 
Standardized NUHOMS[supreg] System, Certificate of Compliance No. 1004, 
Renewed Amendment No. 15

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
spent fuel storage regulations by revising the TN Americas LLC 
Standardized NUHOMS[supreg] Horizontal Modular Storage System 
(NUHOMS[supreg] System) listing within the ``List of approved spent 
fuel storage casks'' to include Renewed Amendment No. 15 to Certificate 
of Compliance No. 1004. Because this amendment is subsequent to the 
renewal of the TN Americas LLC Standardized NUHOMS[supreg] Certificate 
of Compliance 1004 system and, therefore, subject to the Aging 
Management Program requirements of the renewed certificate, it is 
referred to as ``Renewed Amendment No. 15.'' Renewed Amendment No. 15 
revises the Certificate of Compliance's technical specifications to: 
Unify and standardize fuel qualification tables; revise existing and 
add new heat load zoning configurations; increase the allowable maximum 
assembly average burnup; allow loading of damaged fuel assemblies under 
certain conditions; expand the definition of the poison rod assemblies 
to include rod cluster control assembly materials; allow other 
zirconium alloy cladding materials; add model OS197 as an authorized 
transfer cask; add the description for the solar shield in the updated 
final safety analysis report; and add flexibility to general licensees 
in verifying compliance regarding the storage pad location and the 
soil-structure interaction. Additionally, the rulemaking makes 
clarifications to rule text related to Certificate of Compliance No. 
1004 by removing redundant language.

DATES: This direct final rule is effective January 22, 2019, unless 
significant adverse comments are received by December 7, 2018. If this 
direct final rule is withdrawn as a result of such comments, timely 
notice of the withdrawal will be published in the Federal Register. 
Comments received after this date will be considered if it is practical 
to do so, but the NRC is able to ensure consideration only for comments 
received on or before this date. Comments received on this direct final 
rule will also be considered to be comments on a companion proposed 
rule published in the Proposed Rules section of this issue of the 
Federal Register.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0212. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-6825; email: 
[email protected] or Edward M. Lohr, Office of Nuclear Material 
Safety and Safeguards; telephone: 301-415-0253; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion of Changes
V. Voluntary Consensus Standards
VI. Agreement State Compatibility
VII. Plain Writing
VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact
IX. Paperwork Reduction Act Statement
X. Regulatory Flexibility Certification
XI. Regulatory Analysis
XII. Backfitting and Issue Finality
XIII. Congressional Review Act
XIV. Availability of Documents

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2018-0212 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0212.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. For 
the convenience of the reader, instructions about obtaining materials 
referenced in this document are provided in the ``Availability of 
Documents'' section.
     NRC's PDR: You may examine and purchase copies of public 
documents at

[[Page 55602]]

the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2018-0212 in your comment submission. 
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 http://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 changes contained in Renewed Amendment 
No. 15 to Certificate of Compliance No. 1004 and does not include other 
aspects of the TN Americas LLC Standardized NUHOMS[supreg] System 
design. The NRC is using the ``direct final rule procedure'' to issue 
this amendment because it represents a limited and routine change to an 
existing Certificate of Compliance that is expected to be 
noncontroversial. Adequate protection of public health and safety 
continues to be ensured. The amendment to the rule will become 
effective on January 22, 2019. However, if the NRC receives significant 
adverse comments on this direct final rule by December 7, 2018, 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 rule's 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-and-comment 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.
    For detailed instructions on filing comments, please see the 
companion proposed rule published in the Proposed Rules section of this 
issue of the Federal Register.

III. Background

    Section 218(a) of the Nuclear Waste Policy Act (NWPA) 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 NWPA 
states, in part, that ``[the Commission] shall, by rule, establish 
procedures for the licensing of any technology approved by the 
Commission under Section 219(a) [sic: 218(a)] 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 which 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 
December 22, 1994 (59 FR 65898), that approved the TN Americas LLC 
Standardized NUHOMS[supreg] System design and added it to the list of 
NRC-approved cask designs provided in Sec.  72.214 as Certificate of 
Compliance No. 1004. Most recently, on September 27, 2017 (82 FR 
44879), the NRC issued a Renewal of the revised initial certificate and 
Amendment Nos. 1 through 11, 13 and 14.

IV. Discussion of Changes

    On March 28, 2017, TN Americas LLC submitted a request to the NRC 
to amend Certificate of Compliance No. 1004 and supplemented its 
request on July 18, 2017, December 14, 2017, and March 22, 2018. 
Renewed Amendment No. 15 revises the technical specifications and 
updated final safety analysis report to:
     Unify and standardize the fuel qualification tables for 
four pressurized water reactor systems in order to simplify the 
technical specifications.
     For the 32PT System, add a new heat load zoning 
configuration to allow for the loading of fuel assemblies with decay 
heat up to 2.2 kilowatt (kW) corresponding to a 2-year cooled fuel.
     For the 32PT System, increase the maximum assembly average 
burnup from 55 gigawatt-days per metric ton of uranium to 62 gigawatt-
days per metric ton of uranium.
     For the 32PT System, allow for the loading of damaged fuel 
assemblies confined within top and bottom end caps and failed fuel 
assemblies loaded within individual failed fuel canisters in the 32PT 
System. Provide for a basket option to increase the number of poison 
plates from 24 to 32, resulting in an increase in the allowable 
enrichment of the authorized contents. Expand the definition of the 
poison rod assemblies in the technical specification and the updated 
final safety analysis report to include rod cluster control assembly 
materials, specifically adding a silver neutron absorber.
     For the 32PT System, include other zirconium alloy 
cladding materials such as ZIRLO[supreg] and M5[supreg] in the 32PT 
System.
     For the 24PTH System, add a new heat load zoning 
configuration to allow for the loading of fuel assemblies with decay 
heat up to 2.5 kW corresponding to a 2-year cooled fuel, and a total 
heat load of 35 kW per basket.
     For the 24PTH System, add the OS197 model as an authorized 
transfer cask for the transfer of the 24PTH-S-LC

[[Page 55603]]

dry shielded canister in addition to the standardized transfer cask.
     For the 61BTH System, revise the existing heat load zoning 
configuration to allow loading of fuel assemblies with decay heat up to 
1.2 kW corresponding to a 2-year cooling time. Add the GNF-2 and 
ATRIUM-11 fuel assembly designs as authorized contents.
     For the 32PTH System, add a new heat load zoning 
configuration for the loading of fuel assemblies with decay heat up to 
1.1 kW for a total heat load of 35.2 kW per basket, and add a new heat 
load zoning configuration to allow for loading of fuel assemblies with 
decay heat up to 1.3 kW for a total heat load of 37.6 kW per basket.
     Provide a description in the updated final safety analysis 
report for the solar shield currently described in the technical 
specifications for the transfer cask during transfer operations.
     Revise Technical Specification 4.3.3 Item 11 to add 
flexibility to general licensees in verifying compliance regarding the 
storage pad location and the soil-structure interaction.
    Because this amendment is subsequent to the renewal of the TN 
Americas LLC Standardized NUHOMS[supreg] Certificate of Compliance 1004 
system and, therefore, subject to the Aging Management Program 
requirements of the renewed certificate (see Technical Specification 
5.3.1), it is referred to as ``Renewed Amendment No. 15.'' 
Additionally, the rulemaking makes clarifications to rule text related 
to Certificate of Compliance No. 1004 by removing redundant language.
    As documented in the preliminary safety evaluation report, the NRC 
performed a detailed safety evaluation of the proposed Certificate of 
Compliance amendment request. There are no significant changes to cask 
design requirements in the proposed Certificate of Compliance 
amendment. Considering the specific design requirements for each 
accident condition, the design of the cask would prevent loss of 
containment, shielding, and criticality control in the event of an 
accident. This amendment does not reflect a significant change in 
design or fabrication of the cask. In addition, any resulting 
occupational exposure or offsite dose rates from the implementation of 
Renewed Amendment No. 15 would remain well within the 10 CFR part 20 
limits. There will be no significant change in the types or amounts of 
any effluent released, no significant increase in the individual or 
cumulative radiation exposure, and no significant increase in the 
potential for, or consequences from, radiological accidents.
    This direct final rule revises the TN Americas LLC Standardized 
NUHOMS[supreg] System listing in Sec.  72.214 by adding Renewed 
Amendment No. 15 to Certificate of Compliance No. 1004. The amendment 
consists of the changes previously described, as set forth in the 
revised Certificate of Compliance and technical specifications. The 
revised technical specifications are identified and evaluated in the 
preliminary safety evaluation report.
    The amended TN Americas LLC Standardized NUHOMS[supreg] cask 
design, when used under the conditions specified in the Certificate of 
Compliance, technical specifications, and NRC's regulations, will meet 
the requirements of 10 CFR part 72; therefore, adequate protection of 
public health and safety will continue to be ensured. When this direct 
final rule becomes effective, persons who hold a general license under 
Sec.  72.210 may, consistent with the license conditions under Sec.  
72.212, load spent nuclear fuel into those TN Americas LLC Standardized 
NUHOMS[supreg] System casks that meet the criteria of Renewed Amendment 
No. 15 to Certificate of Compliance No. 1004.

V. Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113) requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standards bodies unless 
the use of such a standard is inconsistent with applicable law or 
otherwise impractical. In this direct final rule, the NRC will revise 
the TN Americas LLC Standardized NUHOMS[supreg] System design listed in 
Sec.  72.214. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

VI. Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this rule is classified as Compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended, or the provisions of 10 CFR. Although an Agreement 
State may not adopt program elements reserved to the NRC, and the 
Category ``NRC'' does not confer regulatory authority on the State, the 
State may wish to inform its licensees of certain requirements by means 
consistent with the particular State's administrative procedure laws.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VIII. Environmental Assessment and Finding of No Significant 
Environmental Impact

A. The Action

    The action is to amend Sec.  72.214 to revise the TN Americas LLC 
Standardized NUHOMS[supreg] System listing within the ``List of 
Approved Spent Fuel Storage Casks'' to include Renewed Amendment No. 15 
to Certificate of Compliance No. 1004. Under the National Environmental 
Policy Act of 1969, as amended, and the NRC's regulations in subpart A 
of 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.

B. The Need for the Action

    This direct final rule amends the Certificate of Compliance for the 
TN Americas LLC Standardized NUHOMS[supreg] System design within the 
list of approved spent fuel storage casks that power reactor licensees 
can use to store spent fuel at reactor sites under a general license. 
Specifically, Renewed Amendment No. 15 updates the Certificate of 
Compliance as described in Section IV, ``Discussion of Changes,'' of 
this document, for the use of the TN Americas LLC Standardized 
NUHOMS[supreg] System. Additionally, the rulemaking makes 
clarifications to rule text related to Certificate of Compliance No. 
1004 by removing redundant language.

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

[[Page 55604]]

NRC-approved storage casks was initially analyzed in the environmental 
assessment for the 1990 final rule. The environmental assessment for 
this Renewed Amendment No. 15 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 Standardized NUHOMS[supreg] Systems are 
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 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, include tornado winds and tornado-
generated missiles, a design basis earthquake, a design basis flood, an 
accidental cask drop, lightning effects, fire, explosions, and other 
events.
    Considering the specific design requirements for each accident 
condition, the design of the cask would prevent loss of confinement, 
shielding, and criticality control in the event of an accident. If 
there is no loss of confinement, shielding, or criticality control, the 
environmental impacts resulting from an accident would be 
insignificant. 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 Renewed Amendment No. 15 
would remain well within the 10 CFR part 20 limits. Therefore, the 
proposed Certificate of Compliance 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 amounts of any 
effluent released, no significant increase in individual or cumulative 
radiation exposures, and no significant increase in the potential for 
or consequences of radiological accidents. The NRC documented its 
safety findings in a preliminary safety evaluation report.

D. Alternative to the Action

    The alternative to this action is to deny approval of Renewed 
Amendment No. 15 and not issue the direct final rule. Consequently, any 
10 CFR part 72 general licensee that seeks to load spent nuclear fuel 
into TN Americas LLC Standardized NUHOMS[supreg] Systems in accordance 
with the changes described in proposed Renewed Amendment No. 15 would 
have to request an exemption from the requirements of Sec. Sec.  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. Therefore, the environmental impacts of the 
alternative action would be the same as, or more likely greater than, 
the preferred action.

E. Alternative Use of Resources

    Approval of Renewed Amendment No. 15 to Certificate of Compliance 
No. 1004 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 NRC's 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 entitled 
``List of Approved Spent Fuel Storage Casks: TN Americas LLC 
Standardized NUHOMS[supreg] System, Certificate of Compliance No. 1004, 
Renewed Amendment No. 15'' 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 3150-
0132.

Public Protection Notification

    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. 605(b)), 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 (Sec.  2.810).

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 notifies the NRC in advance, the spent fuel is 
stored under the conditions specified in the cask's Certificate of 
Compliance, and the conditions of the general license are met. A list 
of NRC-approved cask designs is contained in Sec.  72.214. On December 
22, 1994 (59 FR 65898), the NRC issued an amendment to 10 CFR part 72 
that approved the TN Americas LLC Standardized NUHOMS[supreg] System 
design by adding it to the list of NRC-approved cask designs in Sec.  
72.214.
    On March 28, 2017, and as supplemented on July 18, 2017, December 
14, 2017, and March 22, 2018, TN Americas LLC submitted an application 
to amend the Standardized NUHOMS[supreg] System as described in Section 
IV, ``Discussion of Changes,'' of this document.
    The alternative to this action is to withhold approval of Renewed 
Amendment No. 15 and to require any 10 CFR part 72 general licensee 
seeking to load spent nuclear fuel into TN Americas LLC Standardized 
NUHOMS[supreg] Systems under the changes described in Renewed Amendment 
No. 15 to request an exemption from the requirements of Sec. Sec.  
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.

[[Page 55605]]

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 NRC's responsibilities for public health and 
safety and the common defense and security. No other available 
alternative is believed to be as satisfactory, and therefore, this 
action is recommended.

XII. Backfitting and Issue Finality

    The NRC has determined that the backfit rule (10 CFR 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. 1004 for the TN Americas LLC Standardized NUHOMS[supreg] System, as 
currently listed in Sec.  72.214. The revision consists of adding 
Renewed Amendment No. 15, which revises the Certificate of Compliance's 
technical specifications as described in Section IV, ``Discussion of 
Changes,'' of this document. Additionally, the rulemaking makes 
clarifications to rule text related to Certificate of Compliance No. 
1004 by removing redundant language.
    Renewed Amendment No. 15 to Certificate of Compliance No. 1004 for 
the TN Americas LLC Standardized NUHOMS[supreg] System was initiated by 
TN Americas LLC and was not submitted in response to new NRC 
requirements, or an NRC request for amendment. Renewed Amendment No. 15 
applies only to new casks fabricated and used under Renewed Amendment 
No. 15. These changes do not affect existing users of the TN Americas 
LLC Standardized NUHOMS[supreg] System, and the current renewed 
Amendments Nos. 0 through 11, 13, and 14, continue to be effective for 
existing users. While current Certificate of Compliance users may 
comply with the new requirements in Renewed Amendment No. 15, this 
would be a voluntary decision on the part of current users. 
Additionally, the clarifications to the text of the rule are editorial 
in nature, and as such, do not fall within the definition of backfit.
    For these reasons, Renewed Amendment No. 15 to Certificate of 
Compliance No. 1004 does not constitute backfitting under Sec.  72.62 
or Sec.  50.109(a)(1), 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 through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
                                    ADAMS accession No./web link/Federal
             Document                        Register  citation
------------------------------------------------------------------------
TN Americas LLC Request to Add     ML17094A714 (Package).
 Amendment No. 15 to Certificate
 of Compliance No. 1004, letter
 dated March 28, 2017.
Revision to TN Americas LLC        ML17202Q145.
 Request to Add Amendment No. 15
 to Certificate of Compliance No.
 1004, letter dated July 18, 2017.
Revision to TN Americas LLC        ML17363A276 (Package).
 Request to Add Amendment No. 15
 to Certificate of Compliance No.
 1004, letter dated December 14,
 2017.
Revision to TN Americas LLC        ML18088A180.
 Request to Add Amendment No. 15
 to Certificate of Compliance No.
 1004, letter dated March 22,
 2018.
TN Americas LLC Amendment No. 15   ML18228A531.
 to Certificate of Compliance No.
 1004.
Technical Specifications for TN    ML18228A530.
 Americas LLC Amendment No. 15 to
 Certificate of Compliance No.
 1004.
Preliminary Safety Evaluation      ML18234A012.
 Report for TN Americas LLC
 Amendment No. 15 to Certificate
 of Compliance No. 1004.
------------------------------------------------------------------------

    The NRC may post materials related to this document, including 
public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2018-0212. The Federal 
Rulemaking website allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2018-0212); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

List of Subjects in 10 CFR Part 72

    Administrative practice and procedure, Hazardous waste, Indians, 
Intergovernmental relations, Nuclear energy, Penalties, Radiation 
protection, Reporting and recordkeeping requirements, Security 
measures, 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. 552 and 553; the NRC is adopting the following 
amendments to 10 CFR part 72:

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
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, 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. 117(a), 
132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 
10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 
10198(a)); 44 U.S.C. 3504 note.


0
2. In Sec.  72.214, Certificate of Compliance 1004 is revised to read 
as follows:


Sec.  72.214   List of approved spent fuel storage casks.

* * * * *
    Certificate Number: 1004.
    Initial Certificate Effective Date: January 23, 1995, superseded by 
Initial Certificate, Revision 1, on April 25, 2017, superseded by 
Renewed Initial

[[Page 55606]]

Certificate, Revision 1, on December 11, 2017.
    Renewed Initial Certificate, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 1 Effective Date: April 27, 2000, superseded by 
Amendment Number 1, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 1, Revision 1, on December 11, 2017.
    Renewed Amendment Number 1, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 2 Effective Date: September 5, 2000, superseded by 
Amendment Number 2, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 2, Revision 1, on December 11, 2017.
    Renewed Amendment Number 2, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 3 Effective Date: September 12, 2001, superseded 
by Amendment Number 3, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 3, Revision 1, on December 11, 2017.
    Renewed Amendment Number 3, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 4 Effective Date: February 12, 2002, superseded by 
Amendment Number 4, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 4, Revision 1, on December 11, 2017.
    Renewed Amendment Number 4, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 5 Effective Date: January 7, 2004, superseded by 
Amendment Number 5, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 5, Revision 1, on December 11, 2017.
    Renewed Amendment Number 5, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 6 Effective Date: December 22, 2003, superseded by 
Amendment Number 6, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 6, Revision 1, on December 11, 2017.
    Renewed Amendment Number 6, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 7 Effective Date: March 2, 2004, superseded by 
Amendment Number 7, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 7, Revision 1, on December 11, 2017.
    Renewed Amendment Number 7, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 8 Effective Date: December 5, 2005, superseded by 
Amendment Number 8, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 8, Revision 1, on December 11, 2017.
    Renewed Amendment Number 8, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 9 Effective Date: April 17, 2007, superseded by 
Amendment Number 9, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 9, Revision 1, on December 11, 2017.
    Renewed Amendment Number 9, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 10 Effective Date: August 24, 2009, superseded by 
Amendment Number 10, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 10, Revision 1, on December 11, 2017.
    Renewed Amendment Number 10, Revision 1, Effective Date: December 
11, 2017.
    Amendment Number 11 Effective Date: January 7, 2014, superseded by 
Amendment Number 11, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 11, Revision 1, on December 11, 2017.
    Renewed Amendment Number 11, Revision 1, Effective Date: December 
11, 2017, as corrected (ADAMS Accession No. ML18018A043).
    Amendment Number 12 Effective Date: Amendment not issued by the 
NRC.
    Amendment Number 13 Effective Date: May 24, 2014, superseded by 
Amendment Number 13, Revision 1, on April 25, 2017, superseded by 
Renewed Amendment Number 13, Revision 1, on December 11, 2017.
    Renewed Amendment Number 13, Revision 1, Effective Date: December 
11, 2017, as corrected (ADAMS Accession No. ML18018A100).
    Amendment Number 14 Effective Date: April 25, 2017, superseded by 
Renewed Amendment Number 14, on December 11, 2017.
    Renewed Amendment Number 14 Effective Date: December 11, 2017.
    Renewed Amendment Number 15 Effective Date: January 22, 2019.
    SAR Submitted by: Transnuclear, Inc.
    SAR Title: Final Safety Analysis Report for the Standardized 
NUHOMS[supreg] Horizontal Modular Storage System for Irradiated Nuclear 
Fuel.
    Docket Number: 72-1004.
    Certificate Expiration Date: January 23, 2015.
    Renewed Certificate Expiration Date: January 23, 2055.
    Model Number: NUHOMS[supreg]-24P, -24PHB, -24PTH, -32PT, -32PTH1, -
37PTH, -52B, -61BT, -61BTH, and -69BTH.
* * * * *

    Dated at Rockville, Maryland, this 24th day of October 2018.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-24255 Filed 11-6-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                                                                                                                                             55601

                                           Rules and Regulations                                                                                         Federal Register
                                                                                                                                                         Vol. 83, No. 216

                                                                                                                                                         Wednesday, November 7, 2018



                                           This section of the FEDERAL REGISTER                    general licensees in verifying                        FOR FURTHER INFORMATION CONTACT:
                                           contains regulatory documents having general            compliance regarding the storage pad                  Christian Jacobs, Office of Nuclear
                                           applicability and legal effect, most of which           location and the soil-structure                       Material Safety and Safeguards;
                                           are keyed to and codified in the Code of                interaction. Additionally, the                        telephone: 301–415–6825; email:
                                           Federal Regulations, which is published under           rulemaking makes clarifications to rule               Christian.Jacobs@nrc.gov or Edward M.
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   text related to Certificate of Compliance             Lohr, Office of Nuclear Material Safety
                                           The Code of Federal Regulations is sold by              No. 1004 by removing redundant                        and Safeguards; telephone: 301–415–
                                           the Superintendent of Documents.                        language.                                             0253; email: Edward.Lohr@nrc.gov. Both
                                                                                                   DATES:  This direct final rule is effective           are staff of the U.S. Nuclear Regulatory
                                                                                                   January 22, 2019, unless significant                  Commission, Washington, DC 20555–
                                           NUCLEAR REGULATORY                                                                                            0001.
                                           COMMISSION                                              adverse comments are received by
                                                                                                   December 7, 2018. If this direct final                SUPPLEMENTARY INFORMATION:
                                           10 CFR Part 72                                          rule is withdrawn as a result of such                 Table of Contents
                                                                                                   comments, timely notice of the
                                           [NRC–2018–0212]                                         withdrawal will be published in the                   I. Obtaining Information and Submitting
                                                                                                   Federal Register. Comments received                         Comments
                                           RIN 3150–AK16                                                                                                 II. Rulemaking Procedure
                                                                                                   after this date will be considered if it is
                                                                                                                                                         III. Background
                                           List of Approved Spent Fuel Storage                     practical to do so, but the NRC is able               IV. Discussion of Changes
                                           Casks: TN Americas LLC,                                 to ensure consideration only for                      V. Voluntary Consensus Standards
                                           Standardized NUHOMS® System,                            comments received on or before this                   VI. Agreement State Compatibility
                                           Certificate of Compliance No. 1004,                     date. Comments received on this direct                VII. Plain Writing
                                           Renewed Amendment No. 15                                final rule will also be considered to be              VIII. Environmental Assessment and Finding
                                                                                                   comments on a companion proposed                            of No Significant Environmental Impact
                                           AGENCY: Nuclear Regulatory                              rule published in the Proposed Rules                  IX. Paperwork Reduction Act Statement
                                           Commission.                                             section of this issue of the Federal                  X. Regulatory Flexibility Certification
                                           ACTION: Direct final rule.                              Register.                                             XI. Regulatory Analysis
                                                                                                                                                         XII. Backfitting and Issue Finality
                                           SUMMARY:    The U.S. Nuclear Regulatory                 ADDRESSES:   You may submit comments                  XIII. Congressional Review Act
                                           Commission (NRC) is amending its                        by any of the following methods:                      XIV. Availability of Documents
                                           spent fuel storage regulations by                          • Federal Rulemaking Website: Go to                I. Obtaining Information and
                                           revising the TN Americas LLC                            http://www.regulations.gov and search                 Submitting Comments
                                           Standardized NUHOMS® Horizontal                         for Docket ID NRC–2018–0212. Address
                                           Modular Storage System (NUHOMS®                         questions about NRC dockets to Carol                  A. Obtaining Information
                                           System) listing within the ‘‘List of                    Gallagher; telephone: 301–415–3463;                      Please refer to Docket ID NRC–2018–
                                           approved spent fuel storage casks’’ to                  email: Carol.Gallagher@nrc.gov. For                   0212 when contacting the NRC about
                                           include Renewed Amendment No. 15 to                     technical questions contact the                       the availability of information for this
                                           Certificate of Compliance No. 1004.                     individuals listed in the FOR FURTHER                 action. You may obtain publicly-
                                           Because this amendment is subsequent                    INFORMATION CONTACT section of this                   available information related to this
                                           to the renewal of the TN Americas LLC                   document.                                             action by any of the following methods:
                                           Standardized NUHOMS® Certificate of                        • Email comments to:                                  • Federal Rulemaking Website: Go to
                                           Compliance 1004 system and, therefore,                  Rulemaking.Comments@nrc.gov. If you                   http://www.regulations.gov and search
                                           subject to the Aging Management                         do not receive an automatic email reply               for Docket ID NRC–2018–0212.
                                           Program requirements of the renewed                     confirming receipt, then contact us at                   • NRC’s Agencywide Documents
                                           certificate, it is referred to as ‘‘Renewed             301–415–1677.                                         Access and Management System
                                           Amendment No. 15.’’ Renewed                                • Fax comments to: Secretary, U.S.                 (ADAMS): You may obtain publicly-
                                           Amendment No. 15 revises the                            Nuclear Regulatory Commission at 301–                 available documents online in the
                                           Certificate of Compliance’s technical                   415–1101.                                             ADAMS Public Documents collection at
                                           specifications to: Unify and standardize                   • Mail comments to: Secretary, U.S.                http://www.nrc.gov/reading-rm/
                                           fuel qualification tables; revise existing              Nuclear Regulatory Commission,                        adams.html. To begin the search, select
                                           and add new heat load zoning                            Washington, DC 20555–0001, ATTN:                      ‘‘ADAMS Public Documents’’ and then
                                           configurations; increase the allowable                  Rulemakings and Adjudications Staff.                  select ‘‘Begin Web-based ADAMS
                                           maximum assembly average burnup;                           • Hand deliver comments to: 11555                  Search.’’ For problems with ADAMS,
                                           allow loading of damaged fuel                           Rockville Pike, Rockville, Maryland                   please contact the NRC’s Public
                                           assemblies under certain conditions;                    20852, between 7:30 a.m. and 4:15 p.m.                Document Room (PDR) reference staff at
                                           expand the definition of the poison rod                 (Eastern Time) Federal workdays;                      1–800–397–4209, 301–415–4737, or by
                                           assemblies to include rod cluster control               telephone: 301–415–1677.                              email to pdr.resource@nrc.gov. For the
amozie on DSK3GDR082PROD with RULES




                                           assembly materials; allow other                            For additional direction on obtaining              convenience of the reader, instructions
                                           zirconium alloy cladding materials; add                 information and submitting comments,                  about obtaining materials referenced in
                                           model OS197 as an authorized transfer                   see ‘‘Obtaining Information and                       this document are provided in the
                                           cask; add the description for the solar                 Submitting Comments’’ in the                          ‘‘Availability of Documents’’ section.
                                           shield in the updated final safety                      SUPPLEMENTARY INFORMATION section of                     • NRC’s PDR: You may examine and
                                           analysis report; and add flexibility to                 this document.                                        purchase copies of public documents at


                                      VerDate Sep<11>2014   17:26 Nov 06, 2018   Jkt 247001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\07NOR1.SGM   07NOR1


                                           55602            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations

                                           the NRC’s PDR, Room O1–F21, One                          unacceptable without a change. A                      contains procedures and criteria for
                                           White Flint North, 11555 Rockville                       comment is adverse and significant if:                obtaining NRC approval of spent fuel
                                           Pike, Rockville, Maryland 20852.                            (1) The comment opposes the rule and               storage cask designs. The NRC
                                                                                                    provides a reason sufficient to require a             subsequently issued a final rule on
                                           B. Submitting Comments                                   substantive response in a notice-and-                 December 22, 1994 (59 FR 65898), that
                                             Please include Docket ID NRC–2018–                     comment process. For example, a                       approved the TN Americas LLC
                                           0212 in your comment submission. The                     substantive response is required when:                Standardized NUHOMS® System design
                                           NRC cautions you not to include                             (a) The comment causes the NRC to                  and added it to the list of NRC-approved
                                           identifying or contact information that                  reevaluate (or reconsider) its position or            cask designs provided in § 72.214 as
                                           you do not want to be publicly                           conduct additional analysis;                          Certificate of Compliance No. 1004.
                                           disclosed in your comment submission.                       (b) The comment raises an issue                    Most recently, on September 27, 2017
                                           The NRC will post all comment                            serious enough to warrant a substantive               (82 FR 44879), the NRC issued a
                                           submissions at http://                                   response to clarify or complete the                   Renewal of the revised initial certificate
                                           www.regulations.gov as well as enter the                 record; or                                            and Amendment Nos. 1 through 11, 13
                                           comment submissions into ADAMS.                             (c) The comment raises a relevant                  and 14.
                                           The NRC does not routinely edit                          issue that was not previously addressed
                                                                                                    or considered by the NRC.                             IV. Discussion of Changes
                                           comment submissions to remove
                                           identifying or contact information.                         (2) The comment proposes a change                     On March 28, 2017, TN Americas LLC
                                                                                                    or an addition to the rule, and it is                 submitted a request to the NRC to
                                             If you are requesting or aggregating
                                                                                                    apparent that the rule would be                       amend Certificate of Compliance No.
                                           comments from other persons for
                                                                                                    ineffective or unacceptable without                   1004 and supplemented its request on
                                           submission to the NRC, then you should
                                                                                                    incorporation of the change or addition.              July 18, 2017, December 14, 2017, and
                                           inform those persons not to include                         (3) The comment causes the NRC to
                                           identifying or contact information that                                                                        March 22, 2018. Renewed Amendment
                                                                                                    make a change (other than editorial) to               No. 15 revises the technical
                                           they do not want to be publicly                          the rule, Certificate of Compliance, or
                                           disclosed in their comment submission.                                                                         specifications and updated final safety
                                                                                                    technical specifications.                             analysis report to:
                                           Your request should state that the NRC                      For detailed instructions on filing
                                           does not routinely edit comment                                                                                   • Unify and standardize the fuel
                                                                                                    comments, please see the companion                    qualification tables for four pressurized
                                           submissions to remove such information                   proposed rule published in the
                                           before making the comment                                                                                      water reactor systems in order to
                                                                                                    Proposed Rules section of this issue of               simplify the technical specifications.
                                           submissions available to the public or                   the Federal Register.                                    • For the 32PT System, add a new
                                           entering the comment into ADAMS.
                                                                                                    III. Background                                       heat load zoning configuration to allow
                                           II. Rulemaking Procedure                                                                                       for the loading of fuel assemblies with
                                                                                                       Section 218(a) of the Nuclear Waste                decay heat up to 2.2 kilowatt (kW)
                                              This rule is limited to the changes                   Policy Act (NWPA) of 1982, as                         corresponding to a 2-year cooled fuel.
                                           contained in Renewed Amendment No.                       amended, requires that ‘‘the Secretary                   • For the 32PT System, increase the
                                           15 to Certificate of Compliance No. 1004                 [of the Department of Energy] shall                   maximum assembly average burnup
                                           and does not include other aspects of                    establish a demonstration program, in                 from 55 gigawatt-days per metric ton of
                                           the TN Americas LLC Standardized                         cooperation with the private sector, for              uranium to 62 gigawatt-days per metric
                                           NUHOMS® System design. The NRC is                        the dry storage of spent nuclear fuel at              ton of uranium.
                                           using the ‘‘direct final rule procedure’’                civilian nuclear power reactor sites,                    • For the 32PT System, allow for the
                                           to issue this amendment because it                       with the objective of establishing one or             loading of damaged fuel assemblies
                                           represents a limited and routine change                  more technologies that the [Nuclear                   confined within top and bottom end
                                           to an existing Certificate of Compliance                 Regulatory] Commission may, by rule,                  caps and failed fuel assemblies loaded
                                           that is expected to be noncontroversial.                 approve for use at the sites of civilian              within individual failed fuel canisters in
                                           Adequate protection of public health                     nuclear power reactors without, to the                the 32PT System. Provide for a basket
                                           and safety continues to be ensured. The                  maximum extent practicable, the need                  option to increase the number of poison
                                           amendment to the rule will become                        for additional site-specific approvals by             plates from 24 to 32, resulting in an
                                           effective on January 22, 2019. However,                  the Commission.’’ Section 133 of the                  increase in the allowable enrichment of
                                           if the NRC receives significant adverse                  NWPA states, in part, that ‘‘[the                     the authorized contents. Expand the
                                           comments on this direct final rule by                    Commission] shall, by rule, establish                 definition of the poison rod assemblies
                                           December 7, 2018, then the NRC will                      procedures for the licensing of any                   in the technical specification and the
                                           publish a document that withdraws this                   technology approved by the                            updated final safety analysis report to
                                           action and will subsequently address                     Commission under Section 219(a) [sic:                 include rod cluster control assembly
                                           the comments received in a final rule as                 218(a)] for use at the site of any civilian           materials, specifically adding a silver
                                           a response to the companion proposed                     nuclear power reactor.’’                              neutron absorber.
                                           rule published in the Proposed Rules                        To implement this mandate, the                        • For the 32PT System, include other
                                           section of this issue of the Federal                     Commission approved dry storage of                    zirconium alloy cladding materials such
                                           Register. Absent significant                             spent nuclear fuel in NRC-approved                    as ZIRLO® and M5® in the 32PT
                                           modifications to the proposed revisions                  casks under a general license by                      System.
                                           requiring republication, the NRC will                    publishing a final rule which added a                    • For the 24PTH System, add a new
                                           not initiate a second comment period on                  new subpart K in part 72 of title 10 of               heat load zoning configuration to allow
                                           this action.                                             the Code of Federal Regulations (10                   for the loading of fuel assemblies with
amozie on DSK3GDR082PROD with RULES




                                              A significant adverse comment is a                    CFR) entitled ‘‘General License for                   decay heat up to 2.5 kW corresponding
                                           comment where the commenter                              Storage of Spent Fuel at Power Reactor                to a 2-year cooled fuel, and a total heat
                                           explains why the rule would be                           Sites’’ (55 FR 29181; July 18, 1990). This            load of 35 kW per basket.
                                           inappropriate, including challenges to                   rule also established a new subpart L in                 • For the 24PTH System, add the
                                           the rule’s underlying premise or                         10 CFR part 72 entitled ‘‘Approval of                 OS197 model as an authorized transfer
                                           approach, or would be ineffective or                     Spent Fuel Storage Casks,’’ which                     cask for the transfer of the 24PTH–S–LC


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                                                            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations                                       55603

                                           dry shielded canister in addition to the                   This direct final rule revises the TN               wish to inform its licensees of certain
                                           standardized transfer cask.                              Americas LLC Standardized NUHOMS®                     requirements by means consistent with
                                              • For the 61BTH System, revise the                    System listing in § 72.214 by adding                  the particular State’s administrative
                                           existing heat load zoning configuration                  Renewed Amendment No. 15 to                           procedure laws.
                                           to allow loading of fuel assemblies with                 Certificate of Compliance No. 1004. The
                                           decay heat up to 1.2 kW corresponding                                                                          VII. Plain Writing
                                                                                                    amendment consists of the changes
                                           to a 2-year cooling time. Add the GNF–                   previously described, as set forth in the               The Plain Writing Act of 2010 (Pub.
                                           2 and ATRIUM–11 fuel assembly                            revised Certificate of Compliance and                 L. 111–274) requires Federal agencies to
                                           designs as authorized contents.                          technical specifications. The revised                 write documents in a clear, concise, and
                                              • For the 32PTH System, add a new                     technical specifications are identified               well-organized manner. The NRC has
                                           heat load zoning configuration for the                   and evaluated in the preliminary safety               written this document to be consistent
                                           loading of fuel assemblies with decay                    evaluation report.                                    with the Plain Writing Act as well as the
                                           heat up to 1.1 kW for a total heat load                    The amended TN Americas LLC                         Presidential Memorandum, ‘‘Plain
                                           of 35.2 kW per basket, and add a new                     Standardized NUHOMS® cask design,                     Language in Government Writing,’’
                                           heat load zoning configuration to allow                  when used under the conditions                        published June 10, 1998 (63 FR 31883).
                                           for loading of fuel assemblies with                      specified in the Certificate of                       VIII. Environmental Assessment and
                                           decay heat up to 1.3 kW for a total heat                 Compliance, technical specifications,                 Finding of No Significant
                                           load of 37.6 kW per basket.                              and NRC’s regulations, will meet the                  Environmental Impact
                                              • Provide a description in the                        requirements of 10 CFR part 72;
                                           updated final safety analysis report for                 therefore, adequate protection of public              A. The Action
                                           the solar shield currently described in                  health and safety will continue to be                   The action is to amend § 72.214 to
                                           the technical specifications for the                     ensured. When this direct final rule                  revise the TN Americas LLC
                                           transfer cask during transfer operations.                becomes effective, persons who hold a                 Standardized NUHOMS® System listing
                                              • Revise Technical Specification 4.3.3                general license under § 72.210 may,                   within the ‘‘List of Approved Spent Fuel
                                           Item 11 to add flexibility to general                    consistent with the license conditions                Storage Casks’’ to include Renewed
                                           licensees in verifying compliance                        under § 72.212, load spent nuclear fuel               Amendment No. 15 to Certificate of
                                           regarding the storage pad location and                   into those TN Americas LLC                            Compliance No. 1004. Under the
                                           the soil-structure interaction.                          Standardized NUHOMS® System casks                     National Environmental Policy Act of
                                              Because this amendment is                             that meet the criteria of Renewed                     1969, as amended, and the NRC’s
                                           subsequent to the renewal of the TN                      Amendment No. 15 to Certificate of                    regulations in subpart A of 10 CFR part
                                           Americas LLC Standardized NUHOMS®                        Compliance No. 1004.                                  51, ‘‘Environmental Protection
                                           Certificate of Compliance 1004 system
                                                                                                    V. Voluntary Consensus Standards                      Regulations for Domestic Licensing and
                                           and, therefore, subject to the Aging
                                                                                                                                                          Related Regulatory Functions,’’ the NRC
                                           Management Program requirements of                          The National Technology Transfer                   has determined that this direct final
                                           the renewed certificate (see Technical                   and Advancement Act of 1995 (Pub. L.                  rule, if adopted, would not be a major
                                           Specification 5.3.1), it is referred to as               104–113) requires that Federal agencies               Federal action significantly affecting the
                                           ‘‘Renewed Amendment No. 15.’’                            use technical standards that are                      quality of the human environment and,
                                           Additionally, the rulemaking makes                       developed or adopted by voluntary                     therefore, an environmental impact
                                           clarifications to rule text related to                   consensus standards bodies unless the                 statement is not required. The NRC has
                                           Certificate of Compliance No. 1004 by                    use of such a standard is inconsistent                made a finding of no significant impact
                                           removing redundant language.                             with applicable law or otherwise
                                              As documented in the preliminary                                                                            on the basis of this environmental
                                                                                                    impractical. In this direct final rule, the           assessment.
                                           safety evaluation report, the NRC                        NRC will revise the TN Americas LLC
                                           performed a detailed safety evaluation                   Standardized NUHOMS® System design                    B. The Need for the Action
                                           of the proposed Certificate of                           listed in § 72.214. This action does not                This direct final rule amends the
                                           Compliance amendment request. There                      constitute the establishment of a                     Certificate of Compliance for the TN
                                           are no significant changes to cask design                standard that contains generally                      Americas LLC Standardized NUHOMS®
                                           requirements in the proposed Certificate                 applicable requirements.                              System design within the list of
                                           of Compliance amendment. Considering                                                                           approved spent fuel storage casks that
                                           the specific design requirements for                     VI. Agreement State Compatibility
                                                                                                                                                          power reactor licensees can use to store
                                           each accident condition, the design of                      Under the ‘‘Policy Statement on                    spent fuel at reactor sites under a
                                           the cask would prevent loss of                           Adequacy and Compatibility of                         general license. Specifically, Renewed
                                           containment, shielding, and criticality                  Agreement State Programs’’ approved by                Amendment No. 15 updates the
                                           control in the event of an accident. This                the Commission on June 30, 1997, and                  Certificate of Compliance as described
                                           amendment does not reflect a significant                 published in the Federal Register on                  in Section IV, ‘‘Discussion of Changes,’’
                                           change in design or fabrication of the                   September 3, 1997 (62 FR 46517), this                 of this document, for the use of the TN
                                           cask. In addition, any resulting                         rule is classified as Compatibility                   Americas LLC Standardized NUHOMS®
                                           occupational exposure or offsite dose                    Category ‘‘NRC.’’ Compatibility is not                System. Additionally, the rulemaking
                                           rates from the implementation of                         required for Category ‘‘NRC’’                         makes clarifications to rule text related
                                           Renewed Amendment No. 15 would                           regulations. The NRC program elements                 to Certificate of Compliance No. 1004 by
                                           remain well within the 10 CFR part 20                    in this category are those that relate                removing redundant language.
                                           limits. There will be no significant                     directly to areas of regulation reserved
                                           change in the types or amounts of any                    to the NRC by the Atomic Energy Act of                C. Environmental Impacts of the Action
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                                           effluent released, no significant increase               1954, as amended, or the provisions of                  On July 18, 1990 (55 FR 29181), the
                                           in the individual or cumulative                          10 CFR. Although an Agreement State                   NRC issued an amendment to 10 CFR
                                           radiation exposure, and no significant                   may not adopt program elements                        part 72 to provide for the storage of
                                           increase in the potential for, or                        reserved to the NRC, and the Category                 spent fuel under a general license in
                                           consequences from, radiological                          ‘‘NRC’’ does not confer regulatory                    cask designs approved by the NRC. The
                                           accidents.                                               authority on the State, the State may                 potential environmental impact of using


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                                           55604            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations

                                           NRC-approved storage casks was                           rule. Consequently, any 10 CFR part 72                information collection requirement
                                           initially analyzed in the environmental                  general licensee that seeks to load spent             unless the requesting document
                                           assessment for the 1990 final rule. The                  nuclear fuel into TN Americas LLC                     displays a currently valid Office of
                                           environmental assessment for this                        Standardized NUHOMS® Systems in                       Management and Budget control
                                           Renewed Amendment No. 15 tiers off of                    accordance with the changes described                 number.
                                           the environmental assessment for the                     in proposed Renewed Amendment No.                     X. Regulatory Flexibility Certification
                                           July 18, 1990, final rule. Tiering on past               15 would have to request an exemption
                                           environmental assessments is a standard                  from the requirements of §§ 72.212 and                   Under the Regulatory Flexibility Act
                                           process under the National                               72.214. Under this alternative,                       of 1980 (5 U.S.C. 605(b)), the NRC
                                           Environmental Policy Act of 1969, as                     interested licensees would have to                    certifies that this direct final rule will
                                           amended.                                                 prepare, and the NRC would have to                    not, if issued, have a significant
                                              The TN Americas LLC Standardized                      review, a separate exemption request,                 economic impact on a substantial
                                           NUHOMS® Systems are designed to                          thereby increasing the administrative                 number of small entities. This direct
                                           mitigate the effects of design basis                     burden upon the NRC and the costs to                  final rule affects only nuclear power
                                           accidents that could occur during                        each licensee. Therefore, the                         plant licensees and TN Americas LLC.
                                           storage. Design basis accidents account                  environmental impacts of the alternative              These entities do not fall within the
                                           for human-induced events and the most                    action would be the same as, or more                  scope of the definition of small entities
                                           severe natural phenomena reported for                    likely greater than, the preferred action.            set forth in the Regulatory Flexibility
                                           the site and surrounding area.                                                                                 Act or the size standards established by
                                           Postulated accidents analyzed for an                     E. Alternative Use of Resources                       the NRC (§ 2.810).
                                           independent spent fuel storage                             Approval of Renewed Amendment                       XI. Regulatory Analysis
                                           installation, the type of facility at which              No. 15 to Certificate of Compliance No.
                                           a holder of a power reactor operating                    1004 would result in no irreversible                     On July 18, 1990 (55 FR 29181), the
                                           license would store spent fuel in casks                  commitment of resources.                              NRC issued an amendment to 10 CFR
                                           in accordance with 10 CFR part 72,                                                                             part 72 to provide for the storage of
                                           include tornado winds and tornado-                       F. Agencies and Persons Contacted                     spent nuclear fuel under a general
                                           generated missiles, a design basis                         No agencies or persons outside the                  license in cask designs approved by the
                                           earthquake, a design basis flood, an                     NRC were contacted in connection with                 NRC. Any nuclear power reactor
                                           accidental cask drop, lightning effects,                 the preparation of this environmental                 licensee can use NRC-approved cask
                                           fire, explosions, and other events.                      assessment.                                           designs to store spent nuclear fuel if it
                                              Considering the specific design                                                                             notifies the NRC in advance, the spent
                                           requirements for each accident                           G. Finding of No Significant Impact                   fuel is stored under the conditions
                                           condition, the design of the cask would                     The environmental impacts of the                   specified in the cask’s Certificate of
                                           prevent loss of confinement, shielding,                  action have been reviewed under the                   Compliance, and the conditions of the
                                           and criticality control in the event of an               requirements in the National                          general license are met. A list of NRC-
                                           accident. If there is no loss of                         Environmental Policy Act of 1969, as                  approved cask designs is contained in
                                           confinement, shielding, or criticality                   amended, and the NRC’s regulations in                 § 72.214. On December 22, 1994 (59 FR
                                           control, the environmental impacts                       subpart A of 10 CFR part 51,                          65898), the NRC issued an amendment
                                           resulting from an accident would be                      ‘‘Environmental Protection Regulations                to 10 CFR part 72 that approved the TN
                                           insignificant. This amendment does not                   for Domestic Licensing and Related                    Americas LLC Standardized NUHOMS®
                                           reflect a significant change in design or                Regulatory Functions.’’ Based on the                  System design by adding it to the list of
                                           fabrication of the cask. Because there are               foregoing environmental assessment, the               NRC-approved cask designs in § 72.214.
                                           no significant design or process                         NRC concludes that this direct final rule                On March 28, 2017, and as
                                           changes, any resulting occupational                      entitled ‘‘List of Approved Spent Fuel                supplemented on July 18, 2017,
                                           exposure or offsite dose rates from the                  Storage Casks: TN Americas LLC                        December 14, 2017, and March 22, 2018,
                                           implementation of Renewed                                Standardized NUHOMS® System,                          TN Americas LLC submitted an
                                           Amendment No. 15 would remain well                       Certificate of Compliance No. 1004,                   application to amend the Standardized
                                           within the 10 CFR part 20 limits.                        Renewed Amendment No. 15’’ will not                   NUHOMS® System as described in
                                           Therefore, the proposed Certificate of                   have a significant effect on the human                Section IV, ‘‘Discussion of Changes,’’ of
                                           Compliance changes will not result in                    environment. Therefore, the NRC has                   this document.
                                           any radiological or non-radiological                     determined that an environmental                         The alternative to this action is to
                                           environmental impacts that significantly                 impact statement is not necessary for                 withhold approval of Renewed
                                           differ from the environmental impacts                    this direct final rule.                               Amendment No. 15 and to require any
                                           evaluated in the environmental                                                                                 10 CFR part 72 general licensee seeking
                                           assessment supporting the July 18, 1990,                 IX. Paperwork Reduction Act                           to load spent nuclear fuel into TN
                                           final rule. There will be no significant                 Statement                                             Americas LLC Standardized NUHOMS®
                                           change in the types or amounts of any                       This direct final rule does not contain            Systems under the changes described in
                                           effluent released, no significant increase               any new or amended collections of                     Renewed Amendment No. 15 to request
                                           in individual or cumulative radiation                    information subject to the Paperwork                  an exemption from the requirements of
                                           exposures, and no significant increase                   Reduction Act of 1995 (44 U.S.C. 3501                 §§ 72.212 and 72.214. Under this
                                           in the potential for or consequences of                  et seq.). Existing collections of                     alternative, each interested 10 CFR part
                                           radiological accidents. The NRC                          information were approved by the                      72 licensee would have to prepare, and
                                                                                                    Office of Management and Budget,                      the NRC would have to review, a
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                                           documented its safety findings in a
                                           preliminary safety evaluation report.                    approval number 3150–0132.                            separate exemption request, thereby
                                                                                                                                                          increasing the administrative burden
                                           D. Alternative to the Action                             Public Protection Notification                        upon the NRC and the costs to each
                                             The alternative to this action is to                     The NRC may not conduct or sponsor,                 licensee.
                                           deny approval of Renewed Amendment                       and a person is not required to respond                  Approval of this direct final rule is
                                           No. 15 and not issue the direct final                    to, a request for information or an                   consistent with previous NRC actions.


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                                                            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations                                              55605

                                           Further, as documented in the                            Renewed Amendment No. 15, which                         in Renewed Amendment No. 15, this
                                           preliminary safety evaluation report and                 revises the Certificate of Compliance’s                 would be a voluntary decision on the
                                           environmental assessment, this direct                    technical specifications as described in                part of current users. Additionally, the
                                           final rule will have no adverse effect on                Section IV, ‘‘Discussion of Changes,’’ of               clarifications to the text of the rule are
                                           public health and safety or the                          this document. Additionally, the                        editorial in nature, and as such, do not
                                           environment. This direct final rule has                  rulemaking makes clarifications to rule                 fall within the definition of backfit.
                                           no significant identifiable impact or                    text related to Certificate of Compliance                  For these reasons, Renewed
                                           benefit on other Government agencies.                    No. 1004 by removing redundant                          Amendment No. 15 to Certificate of
                                           Based on this regulatory analysis, the                   language.                                               Compliance No. 1004 does not
                                           NRC concludes that the requirements of                                                                           constitute backfitting under § 72.62 or
                                                                                                       Renewed Amendment No. 15 to
                                           this direct final rule are commensurate                                                                          § 50.109(a)(1), or otherwise represent an
                                                                                                    Certificate of Compliance No. 1004 for
                                           with the NRC’s responsibilities for                                                                              inconsistency with the issue finality
                                                                                                    the TN Americas LLC Standardized
                                           public health and safety and the                                                                                 provisions applicable to combined
                                           common defense and security. No other                    NUHOMS® System was initiated by TN
                                                                                                    Americas LLC and was not submitted in                   licenses in 10 CFR part 52. Accordingly,
                                           available alternative is believed to be as                                                                       the NRC has not prepared a backfit
                                           satisfactory, and therefore, this action is              response to new NRC requirements, or
                                                                                                    an NRC request for amendment.                           analysis for this rulemaking.
                                           recommended.
                                                                                                    Renewed Amendment No. 15 applies                        XIII. Congressional Review Act
                                           XII. Backfitting and Issue Finality                      only to new casks fabricated and used
                                             The NRC has determined that the                        under Renewed Amendment No. 15.                           This direct final rule is not a rule as
                                           backfit rule (10 CFR 72.62) does not                     These changes do not affect existing                    defined in the Congressional Review
                                           apply to this direct final rule. Therefore,              users of the TN Americas LLC                            Act.
                                           a backfit analysis is not required. This                 Standardized NUHOMS® System, and                        XIV. Availability of Documents
                                           direct final rule revises Certificate of                 the current renewed Amendments Nos.
                                           Compliance No. 1004 for the TN                           0 through 11, 13, and 14, continue to be                  The documents identified in the
                                           Americas LLC Standardized NUHOMS®                        effective for existing users. While                     following table are available to
                                           System, as currently listed in § 72.214.                 current Certificate of Compliance users                 interested persons through one or more
                                           The revision consists of adding                          may comply with the new requirements                    of the following methods, as indicated.

                                                                                                                                                                                  ADAMS accession No./web
                                                                                                          Document                                                                  link/Federal Register
                                                                                                                                                                                           citation

                                           TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter dated March                              ML17094A714 (Package).
                                             28, 2017.
                                           Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter                              ML17202Q145.
                                             dated July 18, 2017.
                                           Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter                              ML17363A276 (Package).
                                             dated December 14, 2017.
                                           Revision to TN Americas LLC Request to Add Amendment No. 15 to Certificate of Compliance No. 1004, letter                              ML18088A180.
                                             dated March 22, 2018.
                                           TN Americas LLC Amendment No. 15 to Certificate of Compliance No. 1004 .............................................................   ML18228A531.
                                           Technical Specifications for TN Americas LLC Amendment No. 15 to Certificate of Compliance No. 1004 ...............                    ML18228A530.
                                           Preliminary Safety Evaluation Report for TN Americas LLC Amendment No. 15 to Certificate of Compliance No.                             ML18234A012.
                                             1004.



                                              The NRC may post materials related                      For the reasons set out in the                        U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
                                           to this document, including public                       preamble and under the authority of the                 2099, 2111, 2201, 2210e, 2232, 2233, 2234,
                                           comments, on the Federal Rulemaking                      Atomic Energy Act of 1954, as amended;                  2236, 2237, 2238, 2273, 2282, 2021); Energy
                                           website at http://www.regulations.gov                    the Energy Reorganization Act of 1974,                  Reorganization Act of 1974, secs. 201, 202,
                                                                                                                                                            206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
                                           under Docket ID NRC–2018–0212. The                       as amended; the Nuclear Waste Policy                    National Environmental Policy Act of 1969
                                           Federal Rulemaking website allows you                    Act of 1982, as amended; and 5 U.S.C.                   (42 U.S.C. 4332); Nuclear Waste Policy Act
                                           to receive alerts when changes or                        552 and 553; the NRC is adopting the                    of 1982, secs. 117(a), 132, 133, 134, 135, 137,
                                           additions occur in a docket folder. To                   following amendments to 10 CFR part                     141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
                                           subscribe: (1) Navigate to the docket                    72:                                                     10152, 10153, 10154, 10155, 10157, 10161,
                                           folder (NRC–2018–0212); (2) click the                                                                            10165(g), 10168, 10198(a)); 44 U.S.C. 3504
                                           ‘‘Sign up for Email Alerts’’ link; and (3)               PART 72—LICENSING                                       note.
                                           enter your email address and select how                  REQUIREMENTS FOR THE
                                                                                                                                                            ■ 2. In § 72.214, Certificate of
                                           frequently you would like to receive                     INDEPENDENT STORAGE OF SPENT
                                                                                                                                                            Compliance 1004 is revised to read as
                                           emails (daily, weekly, or monthly).                      NUCLEAR FUEL, HIGH-LEVEL
                                                                                                                                                            follows:
                                                                                                    RADIOACTIVE WASTE, AND
                                           List of Subjects in 10 CFR Part 72                       REACTOR-RELATED GREATER THAN                            § 72.214 List of approved spent fuel
                                             Administrative practice and                            CLASS C WASTE                                           storage casks.
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                                           procedure, Hazardous waste, Indians,                                                                             *     *     *     *     *
                                                                                                    ■ 1. The authority citation for part 72                   Certificate Number: 1004.
                                           Intergovernmental relations, Nuclear
                                                                                                    continues to read as follows:
                                           energy, Penalties, Radiation protection,                                                                           Initial Certificate Effective Date:
                                           Reporting and recordkeeping                                Authority: Atomic Energy Act of 1954,                 January 23, 1995, superseded by Initial
                                           requirements, Security measures,                         secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,         Certificate, Revision 1, on April 25,
                                           Whistleblowing.                                          183, 184, 186, 187, 189, 223, 234, 274 (42              2017, superseded by Renewed Initial


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                                           55606            Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Rules and Regulations

                                           Certificate, Revision 1, on December 11,                 Amendment Number 8, Revision 1, on                    –37PTH, –52B, –61BT, –61BTH, and
                                           2017.                                                    April 25, 2017, superseded by Renewed                 –69BTH.
                                              Renewed Initial Certificate, Revision                 Amendment Number 8, Revision 1, on                    *   *    *     *   *
                                           1, Effective Date: December 11, 2017.                    December 11, 2017.
                                                                                                                                                            Dated at Rockville, Maryland, this 24th day
                                              Amendment Number 1 Effective Date:                       Renewed Amendment Number 8,                        of October 2018.
                                           April 27, 2000, superseded by                            Revision 1, Effective Date: December 11,
                                                                                                                                                            For the Nuclear Regulatory Commission.
                                           Amendment Number 1, Revision 1, on                       2017.
                                           April 25, 2017, superseded by Renewed                                                                          Margaret M. Doane,
                                                                                                       Amendment Number 9 Effective Date:
                                           Amendment Number 1, Revision 1, on                       April 17, 2007, superseded by                         Executive Director for Operations.
                                           December 11, 2017.                                       Amendment Number 9, Revision 1, on                    [FR Doc. 2018–24255 Filed 11–6–18; 8:45 am]
                                              Renewed Amendment Number 1,                           April 25, 2017, superseded by Renewed                 BILLING CODE 7590–01–P
                                           Revision 1, Effective Date: December 11,                 Amendment Number 9, Revision 1, on
                                           2017.                                                    December 11, 2017.
                                              Amendment Number 2 Effective Date:                       Renewed Amendment Number 9,                        DEPARTMENT OF TRANSPORTATION
                                           September 5, 2000, superseded by                         Revision 1, Effective Date: December 11,
                                           Amendment Number 2, Revision 1, on                       2017.                                                 Federal Aviation Administration
                                           April 25, 2017, superseded by Renewed                       Amendment Number 10 Effective
                                           Amendment Number 2, Revision 1, on                       Date: August 24, 2009, superseded by                  14 CFR Part 39
                                           December 11, 2017.                                       Amendment Number 10, Revision 1, on                   [Docket No. FAA–2018–0551; Product
                                              Renewed Amendment Number 2,                           April 25, 2017, superseded by Renewed                 Identifier 2018–NM–023–AD; Amendment
                                           Revision 1, Effective Date: December 11,                 Amendment Number 10, Revision 1, on                   39–19485; AD 2018–22–12]
                                           2017.                                                    December 11, 2017.
                                              Amendment Number 3 Effective Date:                                                                          RIN 2120–AA64
                                                                                                       Renewed Amendment Number 10,
                                           September 12, 2001, superseded by                        Revision 1, Effective Date: December 11,
                                           Amendment Number 3, Revision 1, on                                                                             Airworthiness Directives; Bombardier,
                                                                                                    2017.                                                 Inc. Airplanes
                                           April 25, 2017, superseded by Renewed                       Amendment Number 11 Effective
                                           Amendment Number 3, Revision 1, on                       Date: January 7, 2014, superseded by                  AGENCY:  Federal Aviation
                                           December 11, 2017.                                       Amendment Number 11, Revision 1, on                   Administration (FAA), Department of
                                              Renewed Amendment Number 3,                           April 25, 2017, superseded by Renewed                 Transportation (DOT).
                                           Revision 1, Effective Date: December 11,                 Amendment Number 11, Revision 1, on                   ACTION: Final rule.
                                           2017.                                                    December 11, 2017.
                                              Amendment Number 4 Effective Date:                                                                          SUMMARY:   We are adopting a new
                                                                                                       Renewed Amendment Number 11,
                                           February 12, 2002, superseded by                                                                               airworthiness directive (AD) for certain
                                                                                                    Revision 1, Effective Date: December 11,
                                           Amendment Number 4, Revision 1, on                                                                             Bombardier, Inc., Model CL–600–2C10
                                                                                                    2017, as corrected (ADAMS Accession
                                           April 25, 2017, superseded by Renewed                                                                          (Regional Jet Series 700, 701, & 702)
                                                                                                    No. ML18018A043).
                                           Amendment Number 4, Revision 1, on                                                                             airplanes; Model CL–600–2D15
                                                                                                       Amendment Number 12 Effective
                                           December 11, 2017.                                                                                             (Regional Jet Series 705) airplanes;
                                                                                                    Date: Amendment not issued by the
                                              Renewed Amendment Number 4,                                                                                 Model CL–600–2D24 (Regional Jet
                                                                                                    NRC.
                                           Revision 1, Effective Date: December 11,                                                                       Series 900) airplanes; and Model CL–
                                                                                                       Amendment Number 13 Effective
                                           2017.                                                                                                          600–2E25 (Regional Jet Series 1000)
                                              Amendment Number 5 Effective Date:                    Date: May 24, 2014, superseded by
                                                                                                    Amendment Number 13, Revision 1, on                   airplanes. This AD was prompted by
                                           January 7, 2004, superseded by                                                                                 reports of damage to the protective
                                           Amendment Number 5, Revision 1, on                       April 25, 2017, superseded by Renewed
                                                                                                    Amendment Number 13, Revision 1, on                   coating and corrosion on the piston/axle
                                           April 25, 2017, superseded by Renewed                                                                          of the main landing gear (MLG), caused
                                           Amendment Number 5, Revision 1, on                       December 11, 2017.
                                                                                                       Renewed Amendment Number 13,                       by friction between the inboard axle
                                           December 11, 2017.                                                                                             sleeve and the axle thrust face. This AD
                                              Renewed Amendment Number 5,                           Revision 1, Effective Date: December 11,
                                                                                                    2017, as corrected (ADAMS Accession                   requires revising the maintenance or
                                           Revision 1, Effective Date: December 11,                                                                       inspection program, as applicable, to
                                           2017.                                                    No. ML18018A100).
                                                                                                       Amendment Number 14 Effective                      incorporate a detailed inspection of the
                                              Amendment Number 6 Effective Date:                                                                          MLG piston/axle for damage to the
                                           December 22, 2003, superseded by                         Date: April 25, 2017, superseded by
                                                                                                    Renewed Amendment Number 14, on                       protective coating and for corrosion. We
                                           Amendment Number 6, Revision 1, on                                                                             are issuing this AD to address the unsafe
                                           April 25, 2017, superseded by Renewed                    December 11, 2017.
                                                                                                       Renewed Amendment Number 14                        condition on these products.
                                           Amendment Number 6, Revision 1, on
                                                                                                    Effective Date: December 11, 2017.                    DATES: This AD is effective December
                                           December 11, 2017.
                                              Renewed Amendment Number 6,                              Renewed Amendment Number 15                        12, 2018.
                                           Revision 1, Effective Date: December 11,                 Effective Date: January 22, 2019.                       The Director of the Federal Register
                                           2017.                                                       SAR Submitted by: Transnuclear, Inc.               approved the incorporation by reference
                                              Amendment Number 7 Effective Date:                       SAR Title: Final Safety Analysis                   of a certain publication listed in this AD
                                           March 2, 2004, superseded by                             Report for the Standardized NUHOMS®                   as of December 12, 2018.
                                           Amendment Number 7, Revision 1, on                       Horizontal Modular Storage System for                 ADDRESSES: For service information
                                           April 25, 2017, superseded by Renewed                    Irradiated Nuclear Fuel.                              identified in this final rule, contact
                                           Amendment Number 7, Revision 1, on                          Docket Number: 72–1004.                            Bombardier, Inc., 400 Côte-Vertu Road
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                                           December 11, 2017.                                          Certificate Expiration Date: January               West, Dorval, Québec H4S 1Y9, Canada;
                                              Renewed Amendment Number 7,                           23, 2015.                                             Widebody Customer Response Center
                                           Revision 1, Effective Date: December 11,                    Renewed Certificate Expiration Date:               North America toll-free telephone 1–
                                           2017.                                                    January 23, 2055.                                     866–538–1247 or direct-dial telephone
                                              Amendment Number 8 Effective Date:                       Model Number: NUHOMS®–24P,                         1–514–855–2999; fax 514–855–7401;
                                           December 5, 2005, superseded by                          –24PHB, –24PTH, –32PT, –32PTH1,                       email ac.yul@aero.bombardier.com;


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Document Created: 2018-11-07 00:04:50
Document Modified: 2018-11-07 00:04:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective January 22, 2019, unless significant adverse comments are received by December 7, 2018. If this direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register.
ContactChristian Jacobs, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-6825; email: [email protected] or Edward M. Lohr, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-0253; email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation83 FR 55601 
RIN Number3150-AK16
CFR AssociatedAdministrative Practice and Procedure; Hazardous Waste; Indians; Intergovernmental Relations; Nuclear Energy; Penalties; Radiation Protection; Reporting and Recordkeeping Requirements; Security Measures and Whistleblowing

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