Unknown. Direct final rule

5,167 words·~23 min read·/register/2000/06/22/00-15542·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-06-22.xml --- 65 121 Thursday, June 22, 2000 Contents Agriculture Agriculture Department See Forest Service Census Census Bureau NOTICES Census 2000: American Indian and Alaska Native Areas Geographic Program; final criteria, 39061-39069 00-15806 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Surveillance for invasive fungal infections in transplant recipients, 38833-38835 00-15769 Reports and guidance documents; availability, etc.:

Antimicrobial resistance; public health action plan, 38832-38833 00-15847 Children Children and Families Administration NOTICES Agency information collection activities: Proposed collection; comment request, 38835 00-15844 Commerce Commerce Department See Census Bureau See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Indonesia, 38813-38814 00-15727 Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity Exchange Act: Clearing organizations; regulatory framework, 39026-39033 00-14916 Exemption for bilateral transcations; regulatory framework, 39032-39039 00-14917 Intermediaries of commodity interest transactions; regulatory framework, 39007-39027 00-14915 Multilateral transaction execution facilities, intermediaries and clearing organizations; regulatory framework, 38985-39008 00-14914 Meetings:

Multilateral transaction execution facilities, intermediaries and clearing organizations; regulatory framework, 39038-39039 00-14918 NOTICES Agency information collection activities: Submission for OMB review; comment request, 38814 00-15779 Customs Customs Service NOTICES Committees; establishment, renewal, termination, etc.: Customs COBRA Fees Advisory Committee; membership, 38884-38885 00-15780 Defense Defense Department See Navy Department Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* B.I.

Chemicals, Inc., 38859 00-15691 Chirex Technology Center, Inc., 38859-38860 00-15688 Radian International LLC, 38860 00-15687 Salsbury Chemicals, Inc., 38860-38861 00-15690 Wildlife Laboratories, Inc., 38861 00-15689 Economic Economic Analysis Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 38808-38809 00-15739 Education Education Department RULES Postsecondary education: Student assistance general provisions— Technical amendments, 38728-38730 00-15658 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollution control:

State operating permits programs— North Carolina, 38744-38748 00-15290 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Arizona, 38740-38744 00-15288 Various States, 38732-38740 00-15292 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Azinphos-methyl, 38748-38753 00-15725 Clodinafop-propargyl, 38765-38774 00-15715 Cloquintocet-mexyl, 38757-38764 00-15716 Trichloderma harzianum rifai strain T-39, 38753-38757 00-15723 Superfund program:

National oil and hazardous substances contingency plan— National priorities list update, 38774-38776 00-15388 PROPOSED RULES Air pollution control: State operating permits programs— North Carolina, 38802 00-15291 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Arizona, 38801 00-15289 Various States, 38800-38801 00-15293 Hazardous waste program authorizations: Hawaii, 38802-38806 00-15297 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 38806 00-15389 Water supply:

National primary drinking water regulations— Arsenic; maximum contaminant level, 38887-38983 00-13546 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Illinois, 38825 00-15717 Confidential business information and data transfer, 38825-38826 00-15720 Meetings: Environmental Laboratory Advisory Board, 38826 00-15718 Pesticide registration, cancellation, etc.: Bt Cry1F Corn, 38826-38828 00-15722 Pesticides; experimental use permits, etc.:

Monsanto Co., 38828 00-15721 Water pollution control: Clean Water Act— Labor standard provisions in revolving fund provisions, 38828-38830 00-15719 Wisconsin; water quality guidance for the Great Lakes system; letter availability, 38830-38831 00-15838 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Class E airspace, 38720-38723 00-15533 00-15534 00-15535 Low airspace areas, 38723-38724 00-15811 NOTICES Meetings:

Air Traffic Procedures Advisory Committee, 38875 00-15809 Passenger facility charges; applications, etc.: Palm Beach International Airport, FL, 38875-38876 00-15810 FCC Federal Communications Commission NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 00-15705 38831 00-15773 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Entergy Nuclear Indian Point 3, LLC et al, 38819-38821 00-15731 GenPowell Dell, LLC, et al., 38821-38823 00-15786 Environmental statements; availability, etc.:

Erie Boulevard Hydropower L.P., et al., 38823 00-15737 Hydroelectric applications, 38823-38824 00-15738 Practice and procedure: Electronic publication of notices, 38824 00-15785 Off-the-record communications, 38824-38825 00-15735 *Applications, hearings, determinations, etc.:* Allied Companies, L.L.C., 38815 00-15788 Ameren Services Co., 38815 00-15736 Cinergy Services, Inc., 38816 00-15733 Doswell Limited Partnership, 38816 00-15792 Fresno Cogeneration Partners, L.P., 38816 00-15787 It's Electric & Gas, L.L.C., 38817 00-15791 NEPA Energy LP, 38817 00-15790 Southern Company Services, Inc., 38817-38818 00-15793 Southern Natural Gas Co., 38818 00-15732 Southern Union Gas Co., 38818 00-15734 Williams Flexible Generation, LLC, 38819 00-15789 Federal Highway Federal Highway Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38876 00-15845 Environmental statements; notice of intent: Constantine. MI, 38876-38877 00-15804 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 38831 00-15821 Change in bank holding companies, 38831-38832 00-15701 Formations, acquisitions, and mergers, 00-15702 38832 00-15822 Fish Fish and Wildlife Service NOTICES Meetings: North American Wetlands Conservation Council, 38849 00-15764 Food Food and Drug Administration NOTICES Antimicrobial resistance, public health action plan to combat; availability and comment request, 38832-38833 00-15847 Biological products:

Biologics submissions; temporary deferment of activities at Biologics Evaluation and Research Center, 38835-38836 00-15554 Forest Forest Service NOTICES Meetings: Oregon Coast Provincial Advisory Committee, 38807 00-15803 Sierra Nevada Forest Plan Amendment Draft Environmental Impact Statement, 38807-38808 00-15771 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health Health Health Care Financing Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 38836-38837 00-15800 Submission for OMB review; comment request Correction, 38837 00-15799 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Delaware & Lehigh National Heritage Corridor Commission, 38848-38849 00-15770 International International Trade Administration NOTICES Antidumping:

Static random access memory semiconductors from— Taiwan, 38809 00-15843 International International Trade Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 38856 00-15692 Import investigations: Extruded rubber thread from— Massachusetts, 38856-38857 00-15693 Sub-Saharan Africa; advice on providing additional GSP benefits, 38857-38858 00-15694 Two-handle centerset faucets and escutcheons, and components, 38858-38859 00-15820 Justice Justice Department See Drug Enforcement Administration Labor Labor Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 00-15795 38861-38862 00-15796 Land Land Management Bureau NOTICES Closure of public lands: Oregon, 38849 00-15781 Committees; establishment, renewal, termination, etc.: California Desert District Advisory Council, 38849-38850 00-15768 Environmental statements; notice of intent: Malheur County, UT; North Fork Maleheur River landscape area management project, 38850-38851 00-15807 Opening of public lands: California, 38851 00-15767 Realty actions; sales, leases, etc.:

Colorado, 38851-38852 00-15808 Withdrawal of public lands: California; correction, 38852 00-15784 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 38852-38853 00-15801 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Miscellaneous administrative revisions, 38776-38778 00-15349 National Archives National Archives and Records Administration RULES Public availability and use:

NARA facilities; location and hours of use, 38730-38732 00-15836 NOTICES Agency records schedules; availability, 38862-38863 00-15713 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Proposed collection; comment request, 38877 00-15698 Submission for OMB review; comment request, 38877-38878 00-15697 Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 38878-38883 00-15848 00-15849 00-15850 00-15851 NIH National Institutes of Health NOTICES Antimicrobial resistance, public health action plan to combat; availability and comment request, 38832-38833 00-15847 Meetings:

National Center for Research Resources, 38837 00-15756 National Heart, Lung, and Blood Institute, 38837 00-15757 National Institute of Allergy and Infectious Diseases, 38840 00-15752 National Institute of Child Health and Human Development, 00-15751 38840-38842 00-15760 National Institute of Dental & Craniofacial Research, 38838-38839 00-15742 National Institute of Dental and Craniofacial Research, 38838 00-15740 National Institute of Diabetes and Digestive and Kidney Diseases, 38840-38841 00-15753 National Institute of Environmental Health Sciences, 38841 00-15759 National Institute of General Medical Sciences, 38839 00-15745 National Institute of Mental Health, 38838 00-15741 National Institute of Neurological Disorders and Stroke, 38839 00-15746 National Institute of Nursing Research, 38842 00-15761 National Institute on Aging, 38841 00-15754 National Institute on Alcohol Abuse and Alcoholism, 38839-38840 00-15750 National Institute on Drug Abuse, 38842 00-15763 Scientific Review Center, 00-15743 00-15744 38842-38848 00-15747 00-15766 Organization, functions, and authority delegations:

Office of Bioengineering, Bioimaging, and Bioformatics, 38848 00-15762 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals: Taking and importation— Beluga whales; Cook Island stock, AK, 38778-38790 00-15666 Ocean and coastal resource management: Marine sanctuaries— Thunder Bay National Marine Sanctuary and Underwater Preserve, MI, 39041-39060 00-15638 NOTICES Agency information collection activities: Proposed collection; comment request, 00-15853 38809-38810 00-15854 Permits:

Marine mammals, 38810-38811 00-15855 00-15856 National Park National Park Service NOTICES Environmental statements; availability, etc.: Dry Tortugas National Park, FL, 38853 00-15729 Golden Gate National Recreational Area, CA, 38853-38856 00-15730 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Computer and Information Science and Engineering, 38863 00-15823 Bioengineering and Environmental Systems Special Emphasis Panel, 38863-38864 00-15832 Chemical and Transport Systems Special Emphasis Panel, 00-15830 38864 00-15831 Experimental and Integrative Activities Special Emphasis Panel, 38864 00-15833 Special Emphasis Panel in Bioengineering, 38864-38865 00-15825 Special Emphasis Panel in Bioengineeting and Environmental Systems, 38865 00-15828 Special Emphasis Panel in Chemical and Transport Systems, 38865 00-15827 Special Emphasis Panel in Design, Manufacture, and Industrial Innovation, 38865 00-15826 Special Emphasis Panel in Electrical and Communications Systems, 38864 00-15824 Undergraduate Education Special Emphasis Panel, 38865-38866 00-15829 Navy Navy Department NOTICES Meetings:

Naval Research Advisory Committee, 38814-38815 00-15888 Planning and Steering Advisory Committee, 38815 00-15805 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; lic ensing requirements: Approved spent fuel storage casks; list additions, 38715-38720 00-15540 00-15542 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list additions, 38794-38796 00-15543 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38866 00-15777 Regulatory guides; issuance, availability, and withdrawal, 38866-38867 00-15778 Rulemaking petitions: Graystar, Inc., 38867 00-15776 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Meetings: Computer-Implemented Business Method Patent Issues Roundtable, 38811-38813 00-15813 Personnel Personnel Management Office PROPOSED RULES Student loans; repayment by Federal agencies, 38791-38794 00-15842 NOTICES Excepted service:

Schedules A, B and C; positions placed or revoked— Consolidated list, 38867-38868 00-15794 Presidential Presidential Documents ADMINISTRATIVE ORDERS Jerusalem Embassy Act; suspension of limitations (Presidential Determination No. 2000-24 of June 16, 2000), 38713 00-15956 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* Rio Algom Ltd., 38868 00-15728 SBA Small Business Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38868-38869 00-15704 Disaster loan areas: Florida, 38869 00-15703 Social Social Security Administration PROPOSED RULES Social security benefits and supplemental security income: Aged, blind, and disabled and Federal old aged, blind, and disability insurance— Prehearing and posthearing conferences, 38796-38800 00-15645 NOTICES Agency information collection activities: Proposed collection; comment request, 38869 00-15712 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

International Demand Reduction program, 38869-38872 00-15834 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Alabama, 38724-38728 00-15835 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Kasgro Rail Corp., 38883-38884 00-15679 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Free Trade Area of the Americas negotiations;Committee of Government Representatives on Participation of Civil Society operation; comment request, 38872-38874 00-15660 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Global positioning system receivers; determining potential for interference from ultra-wideband devices; test plan, 38874-38875 00-15812 Treasury Treasury Department See Customs Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 38884 00-15726 Veterans Veterans Affairs Department NOTICES Meetings: Structural Safety of Department of Veterans Affairs Facilities Advisory Committee, 38885-38886 00-15802 Separate Parts In This Issue Part II Environmental Protection Agency, 38887-38983 00-13546 Part III Commodity Futures Trading Commission, 38985-39040 00-14914 Part IV Department of Commerce, National Oceanic and Atmospheric Administration, 39041-39060 00-15638 Part V Department of Commerce, Bureau of the Census, 39061-39069 00-15806 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 121 Thursday, June 22, 2000 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG34 List of Approved Spent Fuel Storage Casks:

Standardized NUHOMS®-24P and NUHOMS®-52B Revision AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations revising the Transnuclear West (TN West), Inc., Standardized NUHOMS®-24P and NUHOMS®-52B cask system (NUHOMS® storage system) listing within the “List of approved spent fuel storage casks” to include Amendment No. 2 to Certificate of Compliance

(CoC)No. 1004. Amendment No. 2 makes two main changes: it updates the Technical Specifications' fuel qualification tables to reflect additional fuel parameters; and it allows storage of burnable poison rod assemblies (BPRAs) in model 24P of the NUHOMS® storage system, along with spent fuel. Amendment No. 2 also revises and renumbers several of the conditions in the CoC to reflect the NRC's new standard format for CoCs. However, no technical changes to the CoC's conditions are made by this amendment. This amendment will allow holders of power reactor operating licenses to store spent fuel in the TN West NUHOMS® storage system, as amended, under a general license. DATES: The final rule is effective September 5, 2000, unless significant adverse comments are received by July 24, 2000. If significant adverse comments are received, a timely withdrawal will be published in the **Federal Register** informing the public that the rule will not take effect. If this direct final rule is withdrawn, the NRC will address the comments received as comments on the proposed rule published in the proposed rules section of this **Federal Register** and will subsequently issue a final rule. ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attn: Rulemakings and Adjudications Staff. Deliver comments to 11555 Rockville Pike, Rockville, MD, between 7:30 am and 4:15 pm on Federal workdays. You may also provide comments via the NRC's interactive rulemaking website (http://ruleforum.llnl.gov). This site provides the capability to upload comments as files (any format) if your web browser supports that function. For information about the interactive rulemaking site, contact Ms. Carol Gallagher

(301)415-5905; e-mail CAG@nrc.gov. Certain documents related to this rule, including comments received, may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. These same documents may also be viewed and downloaded electronically via the rulemaking website. Documents created or received at the NRC after April 1, 2000 are also available electronically at the NRC Public Electronic Reading Room on the Internet at http://www.nrc.gov/NRC/ADAMS/index.html. From this site, the public can gain entry into the NRC's Agency wide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. For more information, contact the NRC's Public Document Room reference staff at

(202)634-3273 or toll free at 1-800-397-4209, or by e-mail at pdr@nrc.gov. FOR FURTHER INFORMATION CONTACT: Stephanie P. Bush-Goddard, Ph.D., telephone

(301)415-6257, e-mail, SPB@nrc.gov, of the Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires that “[t]he Secretary [of the Department of Energy (DOE)] 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 “[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under section 218(a) for use at the site of any civilian nuclear power reactor.” To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license, publishing a final rule in 10 CFR part 72 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 within 10 CFR part 72 entitled, “Approval of Spent Fuel Storage Casks,” containing procedures and criteria for obtaining NRC approval of dry storage cask designs. The NRC subsequently issued a final rule on December 22, 1994 (59 FR 65898) that approved the Standardized NUHOMS® storage system and added it to the list of NRC-approved cask designs in § 72.214, as CoC No. 1004. Amendment No. 1 to CoC No. 1004 was issued on March 28, 2000 (65 FR 16299). Discussion The certificate holder (Transnuclear West, Inc.) submitted an application to the NRC on February 16, 1996, supplemented on November 15, 1996, October 9, 1998, and February 10, 1999, to amend CoC No. 1004 to include a new fuel specification and on July 26, 1999, to amend CoC No. 1004 to permit a part 72 licensee to store BPRAs. The first change permits a part 72 licensee to store spent fuel in the NUHOMS® storage system using the new fuel qualification tables. The particular changes are incorporated into section 1.2.1 of the Technical Specifications for CoC No. 1004. The changes will incorporate new fuel qualification tables for both pressurized water reactor

(PWR)and boiling water reactor

(BWR)fuel. The tables present the minimum required cooling time for fuel as a function of the initial fuel enrichment and fuel burnup. The use of the tables provides a simplified approach for users of the NUHOMS® storage system to select fuel for storage without calculating specific fuel assembly decay heat and radiation source terms. The NRC agrees that this direct final rule provides a more simplified, accurate, and straightforward method for qualifying fuel to be stored in the NUHOMS® storage system and has documented its review and evaluation in a Safety Evaluation Report

(SER)regarding use of new fuel qualification tables. The second change permits a part 72 licensee to store BPRAs with Babcock & Wilcox (B&W) 15 x 15 spent fuel assemblies in the NUHOMS® storage system model 24P. A BPRA is a reactor core component that is inserted inside a fuel assembly. BPRAs provide a means of controlling reactor power distribution and do not contain fissile material. No other changes to the TN-West system design were requested in this application. The NRC staff performed a safety evaluation of this proposed CoC amendment request and found that the addition of the BPRAs to the B&W 15 x 15 fuel does not reduce the TN-West safety margin. In addition, the NRC staff has determined that the storage of BPRAs in the TN-West does not pose any increased risk to public health and safety. This is documented in a SER concerning the BPRA change. The amended TN-West cask system, when used in accordance with the conditions specified in the CoC, the Technical Specifications, and NRC regulations, will meet the requirements of part 72; thus, adequate protection of public health and safety will continue to be ensured. Currently, the CoC is approved only for storage of spent fuel assemblies. Amendment No. 2 to CoC No. 1004, the revised Technical Specifications, the underlying Safety Evaluation Reports

(SERs)for the amendment and the Environmental Assessment, are available for inspection at the NRC Public Document Room, 2120 L Street, NW. (Lower Level), Washington, DC. Single copies of the CoC and SERs may be obtained from Stephanie P. Bush-Goddard, Ph.D., Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone

(301)415-6257, email SPB@nrc.gov. Discussion of Amendments by Section Section 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1004 will be revised indicating the addition of Amendment No. 2 with an effective date of September 5, 2000. Procedural Background This rule is limited to the changes contained in Amendment No. 2 to CoC No. 1004 and does not include other aspects of the Standardized NUHOMS®-24P and NUHOMS®-52B cask system design. Because NRC considers this amendment to its rules to be noncontroversial and routine, the NRC is using the direct final rule procedure for this rule. The amendment to the rules will become effective on September 5, 2000. However, if the NRC receives significant adverse comments on the associated proposed rule published concurrently in the proposed rules section of this **Federal Register** by July 24, 2000, then the NRC will publish a notice that withdraws this action and will address the comments received in response to the proposed amendments. These comments will be addressed in a subsequent final rule. Absent significant modifications to the proposed changes requiring republication, the NRC will not initiate a second comment period on this action. 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 (AEA), or the provisions of title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws, but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum dated June 1, 1998, entitled “Plain Language in Government Writing,” directed that the Federal Government's writing be in plain language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in subpart A of 10 CFR part 51, the NRC has determined that this rule is not a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The rule will amend the CoC for the NUHOMS® storage system 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. The amendment will add new fuel qualification tables to the technical specifications and add BPRAs to the authorized contents of the NUHOMS® system model 24P. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the environmental assessment and finding of no significant impact are available from Stephanie P. Bush-Goddard, Ph.D., Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone

(301)415-6257, email SPB@nrc.gov. Paperwork Reduction Act Statement This direct final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget, Approval Number 3150-0132. Public Protection Notification If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. Voluntary Consensus Standards The National Technology Transfer 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 would revise the Transnuclear West, Inc., Standardized NUHOMS® cask system listing within the list of NRC approved casks for spent fuel storage in § 72.214. This action does not constitute the establishment of a standard that establishes generally-applicable requirements. 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 system designs approved by the NRC. Any nuclear power reactor licensee can use NRC-certified casks to store spent nuclear fuel if it notifies the NRC in advance, spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. A list of NRC-approved cask designs is contained in § 72.214. On December 22, 1994 (59 FR 65898), the NRC issued an amendment to part 72 that approved the Standardized NUHOMS® storage system designs by adding them to the list of NRC-approved cask designs in § 72.214. The NRC subsequently issued Amendment No. 1 to CoC No. 1004 on March 28, 2000 (65 FR 16299). The certificate holder (Transnuclear West, Inc.) submitted an application to the NRC on February 16, 1996, supplemented on November 15, 1996, October 9, 1998, February 10, 1999 and July 26, 1999 to amend CoC No. 1004 to include new fuel specification tables and to add BPRAs to the authorized contents of the NUHOMS® storage system. The proposed new fuel specification tables in Amendment No. 2 provides a simplified method for determining acceptable spent fuel to be stored in the NUHOMS® storage system and will add BPRAs as authorized contents of the NUHOMS® storage system model 24P that are currently only for storage of spent fuel assemblies. The alternative to Amendment 2 is to withhold approval of this amended cask system design. This alternative would require users of the NUHOMS® storage system to use a less efficient method for selecting fuel for storage and would also require users to bear the additional costs of disassembling BPRA's from the spent fuel assemblies and of storing them as low-level waste. Approval of the direct final rule will eliminate the problems described above and is consistent with previous Commission actions. Further, the direct final rule will have no adverse effect on public health and safety. This direct final rule has no significant identifiable impact or benefit on other Government agencies. Based on the above discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the 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 thus, this action is recommended. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This direct final rule affects only the operation of nuclear power plants, independent spent fuel storage facilities, and TN-West. The companies that own these plants do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR part 121. Backfit Analysis The NRC has determined that the backfit rule (10 CFR 50.109 or 10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined. Therefore, a backfit analysis is not required. List of Subjects In 10 CFR Part 72 Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel. 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; and 5 U.S.C. 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 AND HIGH-LEVEL RADIOACTIVE WASTE 1. The authority citation for part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 10d-48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance

(CoC)1004 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1004. Initial Certificate Effective Date: January 23, 1995. Amendment No. 1 Effective Date: April 27, 2000. Amendment No. 2 Effective Date: September 5, 2000. SAR Submitted by: Transnuclear West, Inc. SAR Title: Transnuclear West, Inc., “Final Safety Analysis Report for the Standardized NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel”. Docket Number: 72-1004. Certificate Expiration Date: January 23, 2015. Model Number: Standardized NUHOMS®-24P and NUHOMS®-52B. Dated at Rockville, Maryland, this 25th day of May, 2000. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 00-15542 Filed 6-21-00; 8:45 am]

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