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{{#Wiki_filter:[7590-01-P]
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 72
NUCLEAR REGULATORY COMMISSION
 
10 CFR Part 72
 
[NRC-2021-0161]
[NRC-2021-0161]
 
RIN 3150-AK69 List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, Renewal of Initial Certificate and Amendment No. 1 AGENCY: Nuclear Regulatory Commission.
RIN 3150-AK69
ACTION: Proposed rule.  
 
List of Approved Spent Fuel Storage Casks: TN Americas LLC,
 
TN-68 Dry Storage Cask, Certificate of Compliance No. 1027,
 
Renewal of Initial Certificate and Amendment No. 1
 
AGENCY: Nuclear Regulatory Commission.
 
ACTION: Proposed rule.


==SUMMARY==
==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its
: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the TN Americas LLC, TN-68 Dry Storage Cask System listing within the List of approved spent fuel storage casks to renew, for an additional 40 years, the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1027. The renewal of the initial certificate and Amendment No. 1 revises the certificate of compliances conditions and technical specifications to address aging management activities related to the structures, systems, and components of the dry storage system to ensure that the structures, systems, and components will maintain their intended functions during the period of extended storage operations.
 
DATES: Submit comments by January 10, 2022. 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.  
spent fuel storage regulations by revising the TN Americas LLC, TN-68 Dry Storage
 
Cask System listing within the List of approved spent fuel sto rage casks to renew, for
 
an additional 40 years, the initial certificate and Amendment N o. 1 of Certificate of
 
Compliance No. 1027. The renewal of the initial certificate an d Amendment No. 1
 
revises the certificate of compliances conditions and technica l specifications to address
 
aging management activities related to the structures, systems, and components of the
 
dry storage system to ensure that the structures, systems, and components will maintain
 
their intended functions during the period of extended storage operations.
 
DATES: Submit comments by January 10, 2022. Comments received after this date
 
will be considered if it is prac tical to do so, but the NRC is able to ensure consideration
 
only for comments received on or before this date.
ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0161,
 
at https://www.regulations.gov. If your material cannot be submitted using
 
https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER
 
INFORMATION CONTACT section of this document for alternate inst ructions.
 
For additional direction on obtaining information and submittin g comments, see
 
Obtaining Information and Submitting Comments in the SUPPLEME NTARY
 
INFORMATION section of this document.
 
FOR FURTHER INFORMATION CONTACT: Christian Jacobs, Office of Nuclear
 
Material Safety and Safeguards, telephone: 301-415-6825, email :
 
Christian.Jacobs@nrc.gov and Solomon Sahle, Office of Nuclear Material Safety and
 
Safeguards, telephone: 301-415-3781, email: Solomon.Sahle@nrc.gov. Both are staff
 
of the U.S. Nuclear Regulatory Commission, Washington, DC 20555 -0001.


2 ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0161, at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.
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:
Christian.Jacobs@nrc.gov and Solomon Sahle, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-3781, email: Solomon.Sahle@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION:
TABLE OF CONTENTS:
TABLE OF CONTENTS:
I.
Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2021-0161 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 https://www.regulations.gov and search for Docket ID NRC-2021-0161. Address questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical


I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Plain Writing V. Availability of Documents
3 questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.
 
NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.
I. Obtaining Information and Submitting Comments
NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs Public Document Room (PDR), Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.
 
B. Submitting Comments Please include Docket ID NRC-2021-0161 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.
A. Obtaining Information
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment  
 
Please refer to Docket ID NRC-2021-0161 when contacting the NRC about the
 
availability of information for this action. You may obtain pu blicly available information
 
related to this action by any of the following methods:
* Federal Rulemaking Website: Go to https://www.regulations.gov and
 
search for Docket ID NRC-2021-0161. Address questions about NR C dockets to Dawn
 
Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical
 
2 questions contact the individuals listed in the FOR FURTHER INF ORMATION
 
CONTACT section of this document.
* NRCs Agencywide Documents Access and Management System
 
(ADAMS): You may obtain publicly available documents online in the ADA MS Public
 
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
 
search, select Begin Web-based ADAMS Search. For problems wi th ADAMS, please
 
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,
 
301-415-4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader,
 
instructions about obtaining materials referenced in this docum ent are provided in the
 
Availability of Documents section.
* NRCs PDR: You may examine and purchase copies of public documents,
 
by appointment, at the NRCs Public Document Room (PDR), Room P 1 B35, One White
 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment
 
to visit the PDR, please send an email to PDR.Resource@nrc.gov or call
 
1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday
 
through Friday, except Federal holidays.
 
B. Submitting Comments
 
Please include Docket ID NRC-2021-0161 in your comment submission. The
 
NRC requests that you submit comments through the Federal rulemaking website
 
at https://www.regulations.gov. If your material cannot be submitted
 
using https://www.regulations.gov, call or email the individuals listed in the FOR
 
FURTHER INFORMATION CONTACT section of this document for altern ate
 
instructions.
 
The NRC cautions you not to include identifying or contact info rmation that you
 
do not want to be publicly disclosed in your comment submission. The NRC will post all
 
comment submissions at https://www.regulations.gov as well as enter the comment
 
3 submissions into ADAMS. The NRC does not routinely edit commen t submissions to
 
remove identifying or contact information.
 
If you are requesting or aggregating comments from other person s 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 dis closed in their comment
 
submission. Your request should state that the NRC does not routinely edit comment
 
submissions to remove such information before making the commen t submissions
 
available to the public or entering the comment into ADAMS.
 
II. Rulemaking Procedure
 
Because the NRC considers this act ion to be non-controversial, the NRC is
 
publishing this proposed rule concurrently with a direct final rule in the Rules and
 
Regulations section of this issue of the Federal Register. The direct final rule will
 
become effective on February 22, 2022. However, if the NRC rec eives any significant
 
adverse comment by January 10, 2022, then the NRC will publish a document that
 
withdraws the direct final rule. If the direct final rule is w ithdrawn, the NRC will address
 
the comments in a subsequent final rule. Absent significant mo difications to the
 
proposed revisions requiring republication, the NRC will not in itiate a second comment
 
period on this action in the event the direct final rule is wit hdrawn.
 
A significant adverse comment is a comment where the commenter explains why
 
the rule would be inappropriate, including challenges to the ru les underlying premise or
 
approach, or would be ineffective or unacceptable without a cha nge. A comment is
 
adverse and significant if:
: 1) The comment opposes the rule and provides a reason sufficien t to require a
 
substantive response in a notice-and-comment process. For exam ple, a substantive
 
response is required when:
 
4 a) The comment causes the NRC to reevaluate (or reconsider) it s position or
 
conduct additional analysis;
 
b) The comment raises an issue serious enough to warrant a sub stantive
 
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, a nd it is apparent
 
that the rule would be ineffective or unacceptable without inco rporation of the change or
 
addition.
: 3) The comment causes the NRC to make a change (other than edi torial) to the
 
rule.
 
For a more detailed discussion of the proposed rule changes an d associated
 
analyses, see the direct final rule published in the Rules and Regulations section of this
 
issue of the Federal Register.
 
III. Background
 
Section 218(a) of the Nuclear Waste Policy Act of 1982, as amen ded, requires
 
that [t]he Secretary [of the Department of Energy] shall estab lish a demonstration
 
program, in cooperation with the private sector, for the dry st orage 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 r ule, approve for use at
 
the sites of civilian nuclear power reactors without, to the ma ximum extent practicable,
 
the need for additional site-specific approvals by the Commissi on. Section 133 of the
 
Nuclear Waste Policy Act states, in part, that [t]he Commissio n 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 civili an nuclear power reactor.
 
5 To implement this mandate, the Commission approved dry storage of spent
 
nuclear fuel in NRC-approved casks under a general license by p ublishing a final rule
 
that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations
 
(10 CFR) entitled General License for Storage of Spent Fuel at Power Reactor Sites
 
(55 FR 29181; July 18, 1990). This rule also established a new subpart L in
 
10 CFR part 72 entitled Approval of Spent Fuel Storage Casks, which contains
 
procedures and criteria for obtaining NRC approval of spent fuel storage cask designs.
 
The NRC subsequently issued a final rule on April 28, 2000 (65 FR 24855), that
 
approved the TN Americas LLC, TN-68 Dry Storage Cask System des ign and added it to
 
the list of NRC-approved cask designs in § 72.214 as Certificat e of Compliance


No. 1027.
4 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 Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently with a direct final rule in the Rules and Regulations section of this issue of the Federal Register. The direct final rule will become effective on February 22, 2022. However, if the NRC receives any significant adverse comment by January 10, 2022, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn.
A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rules underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:
: 1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:


IV. Plain Writing
5 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.
For a more detailed discussion of the proposed rule changes and associated analyses, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register.
III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that [t]he Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Section 133 of the Nuclear Waste Policy Act states, in part, that [t]he 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.  


The Plain Writing Act of 2010 (Pub. L. 111-274) requires Feder al agencies to
6 To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled General License for Storage of Spent Fuel at Power Reactor Sites (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled Approval of Spent Fuel Storage Casks, which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs.
The NRC subsequently issued a final rule on April 28, 2000 (65 FR 24855), that approved the TN Americas LLC, TN-68 Dry Storage Cask System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1027.
IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, 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 31885). The NRC requests comment on the proposed rule with respect to clarity and effectiveness of the language used.
V. Availability of Documents The documents identified in the following table are available to interested persons as indicated.


write documents in a clear, conc ise, well-organized manner. The NRC has written this
7 DOCUMENT ADAMS ACCESSION NO.
 
TN Americas LLC Renewal Application for the TN-68 Dry Storage Cask Certificate of Compliance No. 1027, dated April 9, 2020 ML20100F295 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated July 29, 2020 ML20211L707 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated February 9, 2021 ML21040A406 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated March 24, 2021 ML21083A029 User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN-68 Dry Storage Cask, dated September 20, 2021 ML21174A125 Preliminary Safety Evaluation Report for the TN-32 Dry Storage Cask Certificate of Compliance Renewal ML21174A128 Proposed Certificate of Compliance No. 1027, Renewed Initial Certificate ML21174A126 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Initial Certificate ML21174A129 Proposed Certificate of Compliance No. 1027, Renewed Amendment No. 1 ML21174A127 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Amendment No. 1 ML21174A131
document to be consistent with the Plain Writing Act as well as the Presidential
 
Memorandum, Plain Language in Government Writing, published J une 10, 1998
 
(63 FR 31885). The NRC requests comment on the proposed rule w ith respect to clarity
 
and effectiveness of the language used.
 
V. Availability of Documents
 
The documents identified in the following table are available to interested
 
persons as indicated.
 
6 DOCUMENT ADAMS ACCESSION NO.
 
TN Americas LLC Renewal Application for ML20100F295 the TN-68 Dry Storage Cask Certificate of Compliance No. 1027, dated April 9, 2020 Supplemental Response to Request for ML20211L707 Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated July 29, 2020 Supplemental Response to Request for ML21040A406 Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated February 9, 2021 Supplemental Response to Request for ML21083A029 Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated March 24, 2021 User Need Memorandum for Rulemaking for ML21174A125 Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN-68 Dry Storage Cask, dated September 20, 2021 Preliminary Safety Evaluation Report for the ML21174A128 TN-32 Dry Storage Cask Certificate of Compliance Renewal Proposed Certificate of Compliance ML21174A126 No. 1027, Renewed Initial Certificate Proposed Technical Specifications, Appendix ML21174A129 A, Certificate of Compliance No. 1027, Renewed Initial Certificate Proposed Certificate of Compliance ML21174A127 No. 1027, Renewed Amendment No. 1 Proposed Technical Specifications, Appendix ML21174A131 A, Certificate of Compliance No. 1027, Renewed Amendment No. 1
 
7 The NRC may post materials related to this document, including public
 
comments, on the Federal rulemaking website at https://www.regulations.gov under
 
Docket ID NRC-2021-0161.


8 The NRC may post materials related to this document, including public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2021-0161.
Dated: November 29, 2021.
Dated: November 29, 2021.
 
For the Nuclear Regulatory Commission.  
For the Nuclear Regulatory Commission.
/RA/
 
Daniel H. Dorman, Executive Director for Operations.}}
/RA/
 
Daniel H. Dorman, Executive Director for Operations.
 
8}}

Latest revision as of 22:25, 27 November 2024

Proposed Rule - Tn Americas LLC Certificate of Compliance No. 1027, Renewal of Initial Certificate and Amendment No 1
ML21271A618
Person / Time
Site: 07201027
Issue date: 11/29/2021
From: Dan Dorman
NRC/EDO
To:
TN Americas LLC
Sahle S
Shared Package
ML21271A604 List:
References
NRC-2021-0161, RIN 3150-AK69 86 FR 70056; 12/9/2021
Download: ML21271A618 (8)
v • d • e


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Part 72

[NRC-2021-0161]

RIN 3150-AK69 List of Approved Spent Fuel Storage Casks: TN Americas LLC, TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, Renewal of Initial Certificate and Amendment No. 1 AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its spent fuel storage regulations by revising the TN Americas LLC, TN-68 Dry Storage Cask System listing within the List of approved spent fuel storage casks to renew, for an additional 40 years, the initial certificate and Amendment No. 1 of Certificate of Compliance No. 1027. The renewal of the initial certificate and Amendment No. 1 revises the certificate of compliances conditions and technical specifications to address aging management activities related to the structures, systems, and components of the dry storage system to ensure that the structures, systems, and components will maintain their intended functions during the period of extended storage operations.

DATES: Submit comments by January 10, 2022. 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.

2 ADDRESSES: Submit your comments, identified by Docket ID NRC-2021-0161, at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

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:

Christian.Jacobs@nrc.gov and Solomon Sahle, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-3781, email: Solomon.Sahle@nrc.gov. 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. Plain Writing V. Availability of Documents I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2021-0161 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 https://www.regulations.gov and search for Docket ID NRC-2021-0161. Address questions about NRC dockets to Dawn Forder, telephone: 301-415-3407, email: Dawn.Forder@nrc.gov. For technical

3 questions contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

NRCs Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.

NRCs PDR: You may examine and purchase copies of public documents, by appointment, at the NRCs Public Document Room (PDR), Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays.

B. Submitting Comments Please include Docket ID NRC-2021-0161 in your comment submission. The NRC requests that you submit comments through the Federal rulemaking website at https://www.regulations.gov. If your material cannot be submitted using https://www.regulations.gov, call or email the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment

4 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 Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently with a direct final rule in the Rules and Regulations section of this issue of the Federal Register. The direct final rule will become effective on February 22, 2022. However, if the NRC receives any significant adverse comment by January 10, 2022, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn.

A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rules underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

5 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.

For a more detailed discussion of the proposed rule changes and associated analyses, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register.

III. Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended, requires that [t]he Secretary [of the Department of Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission. Section 133 of the Nuclear Waste Policy Act states, in part, that [t]he 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.

6 To implement this mandate, the Commission approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule that added a new subpart K in part 72 of title 10 of the Code of Federal Regulations (10 CFR) entitled General License for Storage of Spent Fuel at Power Reactor Sites (55 FR 29181; July 18, 1990). This rule also established a new subpart L in 10 CFR part 72 entitled Approval of Spent Fuel Storage Casks, which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs.

The NRC subsequently issued a final rule on April 28, 2000 (65 FR 24855), that approved the TN Americas LLC, TN-68 Dry Storage Cask System design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance No. 1027.

IV. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, 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 31885). The NRC requests comment on the proposed rule with respect to clarity and effectiveness of the language used.

V. Availability of Documents The documents identified in the following table are available to interested persons as indicated.

7 DOCUMENT ADAMS ACCESSION NO.

TN Americas LLC Renewal Application for the TN-68 Dry Storage Cask Certificate of Compliance No. 1027, dated April 9, 2020 ML20100F295 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated July 29, 2020 ML20211L707 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated February 9, 2021 ML21040A406 Supplemental Response to Request for Additional Information for the TN Americas LLC Application for Renewal of the TN-68 Dry Storage Cask, Certificate of Compliance No. 1027, dated March 24, 2021 ML21083A029 User Need Memorandum for Rulemaking for Certificate of Compliance Renewal, Initial Issue (Amendment Number 0), Amendment Number 1 to TN-68 Dry Storage Cask, dated September 20, 2021 ML21174A125 Preliminary Safety Evaluation Report for the TN-32 Dry Storage Cask Certificate of Compliance Renewal ML21174A128 Proposed Certificate of Compliance No. 1027, Renewed Initial Certificate ML21174A126 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Initial Certificate ML21174A129 Proposed Certificate of Compliance No. 1027, Renewed Amendment No. 1 ML21174A127 Proposed Technical Specifications, Appendix A, Certificate of Compliance No. 1027, Renewed Amendment No. 1 ML21174A131

8 The NRC may post materials related to this document, including public comments, on the Federal rulemaking website at https://www.regulations.gov under Docket ID NRC-2021-0161.

Dated: November 29, 2021.

For the Nuclear Regulatory Commission.

/RA/

Daniel H. Dorman, Executive Director for Operations.

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