Unknown. Direct final rule

5,521 words·~25 min read·/register/2000/10/11/00-25913

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-2000-10-11.xml --- 65 No.197 Wednesday, October 11, 2000 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Medicare coverage of clinical trials, 60442-60443 00-25993 Agency Agency for Toxic Substances and Disease Registry NOTICES Superfund program: Hazardous substances priority list (toxicological profiles), 60444-60445 00-24979 Agriculture Agriculture Department See Food and Nutrition Service Bonneville Bonneville Power Administration NOTICES Reports and guidance documents; availability, etc.:

Conservation and Renewables Discount Implementation Manual; comment request, 60414-60415 00-26025 Centers Centers for Disease Control and Prevention NOTICES Meetings: Childhood Lead Poisoning Prevention Advisory Committee, 60445 00-26135 National Vaccine Advisory Committee, 60445-60446 00-26134 Coast Guard Coast Guard RULES Drawbridge operations: California, 00-26076 60359-60361 00-26077 Louisiana, 60360-60361 00-26075 Vocational rehabilitation and education: Veterans education— Montgomery GI Bill-Selected Reserve; rates payable increase; correction, 60499 C0-25488 NOTICES Reports and guidance documents; availability, etc.:

Marine transportation system: waterways, ports, and their intermodal connections; progress summaries, 60493-60494 00-26078 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Foreign futures and options transactions: New Zealand Futures and Options Exchange et al.; secured amount requirement, 60559-60564 00-26069 Secured amount requirement; interpretation, 60557-60560 00-26068 Customs Customs Service NOTICES Customs broker and national permits; user fees, 60498 00-25977 Defense Defense Department RULES Federal Acquisition Regulation (FAR):

Introduction, 60541-60542 00-25873 Small entity compliance guide, 60552-60554 00-25876 Truth in Negotiations Act threshold, 60552-60553 00-25875 Veterans Entrepreneurship and Small Business Development Act of 1999; implementation, 60541-60552 00-25874 Vocational rehabilitation and education: Veterans education— Montgomery GI Bill-Selected Reserve; rates payable increase; correction, 60499 C0-25488 Drug Drug Enforcement Administration NOTICES Schedules of controlled substances; production quotas:

Schedules I and II— Proposed 2001 aggregate; correction, 60499 C0-25421 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 60412-60413 00-25994 Energy Energy Department See Bonneville Power Administration See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Nuclear Energy Research Advisory Committee, 60413 00-25921 Grants and cooperative agreements; availability, etc.:

University Reactor Instrumentation Program, 60413 00-26026 Meetings: Secretary of Energy Advisory Board, 60413-60414 00-26148 Energy Energy Efficiency and Renewable Energy Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 60415 00-26027 EPA Environmental Protection Agency RULES Air quality planning purposes; designation of areas: California, 60362-60365 00-25926 PROPOSED RULES Air quality planning purposes; designation of areas:

California, 60386-60387 00-25927 NOTICES Grants and cooperative agreements; availability, etc.: Brownfields Cleanup Revolving Loan Funds Pilots, 60429 00-26066 Meetings: State and Tribal Toxics Action Forum, 60430 00-26119 Pesticide, food, and feed additive petitions: Avecia Biocides, 60432-60435 00-25751 Pesticide programs: Organophosphates; risk assessments and public participation in risk management— Dichlorvos, 60430-60432 00-26067 Reports and guidance documents; availability, etc.:

Food Quality Protection Act; science policy issues— Drinking water screening level assessments, etc., 60437-60439 00-25934 Pesticide risk assessment and risk management; use-related information role, 60435-60436 00-25933 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 60440 00-26105 FAA Federal Aviation Administration RULES Air carrier certification and operations: Service difficulty reports, 60555-60556 00-25951 Air traffic operating and flight rules, etc.:

Grand Canyon National Park, AZ; special flight rules in vicinity— Commercial air tour limitation and special flight rules and flight free zones; modification of dimensions; stay request, 60352-60359 00-25952 Airworthiness directives: Airbus, 60349-60351 00-25533 Boeing, 60347-60349 00-25532 Airworthiness standards: Special conditions— British Aerospace Jetstream 4101 Series airplanes, 60343-60347 00-26016 Class B airspace; correction, 60352 00-25643 PROPOSED RULES VOR Federal airways and jet routes, 60385-60386 00-25640 NOTICES Meetings:

RTCA, Inc., 60494 00-26017 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Illinois, 60378-60379 00-25359 Radio services, special: Mobile-satellite service; 2 GHz spectrum allocation Correction, 60382 00-26012 Private land mobile services— 800 MHz Specialized Mobile Radio service (SMR); future development, etc., 60379-60382 00-25387 Radio stations; table of assignments: Missouri; correction, 60379 00-26013 PROPOSED RULES Radio and television broadcasting:

Personal attack and political editorial rules; repeal or modification, 60387-60391 00-26014 NOTICES Agency information collection activities: Proposed collection; comment request, 60440-60441 00-25984 High-speed access to Internet over cable and other facilities; inquiry, 60441 00-25983 Meetings; Sunshine Act, 60441-60442 00-26186 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Valley Electric Association, Inc., et al., 60422-60425 00-25989 Environmental statements; availability, etc.:

Grand River Dam Authority, 60425-60426 00-26061 Environmental statements; notice of intent: Distrigas of Massachusetts LLC, 60426-60427 00-26056 Hydroelectric applications, 00-26059 00-26062 60427-60429 00-26063 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co. et al., 60415-60416 00-26057 American Electric Power Service Corp. et al., 60416 00-26048 Colorado Interstate Gas Co., 60416 00-26041 Columbia Gas Transmission Corp., 60416-60417 00-26049 Columbia Gulf Transmission Co., 60417 00-26065 Dominion Transmission, Inc., 00-26051 60417-60418 00-26053 00-26064 Honeoye Storage Corp., 60418 00-26047 Kinder Morgan Interstate Gas Transmission LLC, 60418-60419 00-26050 Koch Gateway Pipeline Co., 60419 00-26054 Natural Gas Pipeline Co. of America, 60419 00-26043 Northern Natural Gas Co., 60419-60420 00-26058 PG&E Gas Transmission, Northwest Corp., 60420 00-26052 Texas Gas Transmission Corp., 00-26042 60420-60421 00-26044 00-26046 TransColorado Gas Transmission Co., 60421 00-26040 Williams Gas Pipelines Central, Inc., 60421-60422 00-26045 Wyoming Interstate Co., Ltd., 60422 00-26055 Federal Highway Federal Highway Administration NOTICES Meetings:

Intelligent Transportation Society of America, 60494-60495 00-26079 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Columbian sharp-tailed grouse, 60391-60396 00-25447 NOTICES Comprehensive conservation plans; availability: Ouray National Wildlife Refuge, UT, 60447 00-26003 Endangered and threatened species permit applications, 60447-60448 00-26001 00-26002 Food Food and Drug Administration RULES National Environmental Policy Act; implementation:

Food contact substance notification system Effective date, 60359 00-26022 Food Food and Nutrition Service PROPOSED RULES Child nutrition programs: National school lunch and child and adult care food programs, State administrative expense funds, and free and reduced price meals and free milk in schools- Afterschool care programs; snacks reimbursement, 60501-60539 00-25817 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Introduction, 60541-60542 00-25873 Small entity compliance guide, 60552-60554 00-25876 Truth in Negotiations Act threshold, 60552-60553 00-25875 Veterans Entrepreneurship and Small Business Development Act of 1999; implementation, 60541-60552 00-25874 NOTICES Acquisition regulations:

Warehouse supplies order (OF 285), etc.; cancellation, 60442 00-25988 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration Health Health Care Financing Administration RULES Medicare: Durable medical equipment, prosthetics, orthotics, and supplies; supplier standards, 60366-60378 00-25495 Health Health Resources and Services Administration NOTICES Meetings:

Health Professions and Nurse Education Special Emphasis Panel, 60446-60447 00-26024 Immigration Immigration and Naturalization Service PROPOSED RULES Immigration: Aliens— Deportation proceedings; relief for certain aliens, 60384 00-26081 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service International International Trade Administration NOTICES Antidumping: Freshwater crawfish tail meat from— China, 60399-60406 00-26073 Frozen concentrated orange juice from— Brazil, 60406-60407 00-26074 International International Trade Commission NOTICES Import investigations:

Stainless steel angle from— Various countries, 60451 00-26020 WAP-compatible wireless communication devices, components, and products containing same, 60451-60452 00-26021 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service Labor Labor Department See Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 60452 00-26039 Land Land Management Bureau NOTICES Survey plat filings:

Arizona, 60448-60449 00-26036 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: CHALLENGE BUSINESS 32, 60495-60496 00-25995 CHALLENGE BUSINESS 35, 60496 00-25996 Medicare Medicare Payment Advisory Commission NOTICES Meetings, 60470-60471 00-25985 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 60449-60450 00-25765 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR):

Introduction, 60541-60542 00-25873 Small entity compliance guide, 60552-60554 00-25876 Truth in Negotiations Act threshold, 60552-60553 00-25875 Veterans Entrepreneurship and Small Business Development Act of 1999; implementation, 60541-60552 00-25874 National National Council on Disability NOTICES Meetings: Youth Advisory Committee, 60471 00-26035 National Highway National Highway Traffic Safety Administration NOTICES Highway safety programs: drowsy driver detection devices:

Field operational test to determine inclusion in laboratory research study, 60496-60498 00-26015 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Regulations consolidation; correction, 60383 00-26082 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic sea scallop, 60396-60398 00-26060 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Phillips Alaska, Inc.; oil and gas exploration drilling activities in Beaufort Sea; ringed and bearded seals, 60407-60411 00-26087 Meetings:

Alaska; fisheries of Exclusive Economic Zone— Pollock from Bering Sea; catch-monitoring standards for shoreside processors; workshop, 60411 00-26083 Permits: Marine mammals, 00-26084 60411-60412 00-26085 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 60339-60342 00-25913 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 60384-60385 00-25914 NOTICES Environmental statements; availability, etc.: Nuclear Fuel Services, Inc., 60472-60475 00-26010 Meetings: Nuclear Waste Advisory Committee; meeting procedures, 60475-60476 00-26006 Reactor Safeguards Advisory Committee; meeting procedures, 60476-60477 00-26007 Senior Executive Service: Performance Review Boards; membership, 60477 00-26008 *Applications, hearings, determinations, etc.:* Bass Energy, Inc., 60471-60472 00-26009 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions:

Columbia Energy Group et al., 60452-60456 00-26029 Sei Investments Co. et al., 60456-60470 00-26028 Postal Postal Service RULES International Mail Manual: Express Mail Service; five percent discount, 60361-60362 00-25981 Presidential Presidential Documents PROCLAMATIONS *Special observances:* German-American Day (Proc. 7352), 60567-60568 00-26298 Presidio Presidio Trust NOTICES Environmental statements; notice of intent: Area B, Presidio of San Francisco, CA; general management plan, etc., 60477-60478 00-26004 Wireless telecommunication facilities sites; applications:

Bay Area Cellular Telephone Co., 60478 00-26005 Public Public Health Service See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Research Research and Special Programs Administration RULES Hazardous materials: Editorial corrections and clarifications Correction, 60382-60383 00-26000 SEC Securities and Exchange Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 60478-60479 00-26030 Investment Company Act of 1940: Exemption applications— GE Asset Management Inc. et al., 60488-60489 00-26033 Hartford Capital Appreciation HLS Fund, Inc., et al., 60479-60488 00-26032 Scudder Pathway Series et al., 60489-60491 00-26034 *Applications, hearings, determinations, etc.:* Citizens First Financial Corp., 60479 00-26031 SBA Small Business Administration RULES Small business size standards: Freight and cargo transportation arrangement industry, 60342-60343 00-25991 NOTICES Grants and cooperative agreements; availability, etc.:

Explorers; new pilot loan guaranty program (SBA Export Express), 60491 00-25992 Social Social Security Administration NOTICES Agency information collection activities: Proposed collection and submission for OMB review; comment request, 60491-60492 00-25982 State State Department NOTICES Art objects; importation for exhibition: Dangerous curves: The Art of the Guitar, 60492 00-26090 Meetings: International Telecommunication Advisory Committee, 60493 00-26089 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Customs Service Veterans Veterans Affairs Department RULES Vocational rehabilitation and education:

Veterans education— Montgomery GI Bill-Selected Reserve; rates payable increase; correction, 60499 C0-25488 Separate Parts In This Issue Part II Department of Agriculture, Food and Nutrition Service, 60501-60539 00-25817 Part III Department of Defense, General Services Administration, National Aeronautics and Space Administration, 60541-60554 00-25873 00-25874 00-25875 00-25876 Part IV Department of Transportation, Federal Aviation Administration 60555-60556 00-25951 Part V Commodity Futures Trading Commission, 60557-60564 00-26068 00-26069 Part VI The President, 60565-60568 00-26298 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. 65 197 Wednesday, October 11, 2000 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG58 List of Approved Spent Fuel Storage Casks:

HI-STAR 100 Revision AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations by revising the Holtec International HI-STAR 100 cask system listing within the “List of approved spent fuel storage casks” to include Amendment No. 1 to the Certificate of Compliance (CoC). Amendment No. 1 revises the HI-STAR 100 cask system in seven areas and includes changes to the CoC and Technical Specifications. The seven areas involve: revision of the existing fuel specification tables; addition of pressurized water reactor Burnable Poison Rod Assemblies and Thimble Plug Devices; addition of two new classes of fuel to the fuel specification tables; addition of a new damaged fuel container; addition of thoria rods in canisters; addition of antimony-beryllium neutron sources [ *i.e.* , reactor startup sources]; and clarifications, editorial corrections, and other minor changes to cask design information and drawings. The CoC was revised to require users to prepare written acceptance tests and a maintenance program consistent with the technical basis described in the Safety Analysis Report (SAR). In addition, the amendment includes two minor changes to the HI-STAR 100 listing in the regulations. This amendment will allow the holders of power reactor operating licenses to store spent fuel in the HI-STAR 100 cask system, as amended, under a general license. DATES: The final rule is effective December 26, 2000, unless significant adverse comments are received by November 13, 2000. If adverse comments are received, a timely notice of withdrawal will be published in the **Federal Register** informing the public that the rule will not take effect. ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Attention: Rulemakings and Adjudications Staff. Deliver comments to 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays. You may also provide comments via the NRC's interactive rulemaking website ( *http://ruleforumllnl.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 website, contact Ms. Carol Gallagher,

(301)415-5905 (e-mail: *cag@nrc.gov* ). Certain documents related to this rule, including comments received by the NRC, may be examined at the NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC. Beginning September 26, 2000 the NRC Public Document Room will be located at 11555 Rockville Pike, Rockville, MD. These documents also may be viewed and downloaded electronically via the rulemaking website. Documents created or received at the NRC after November 1, 1999, are also available electronically at the NRC's 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 Agencywide Document Access and Management System (ADAMS), which provides text and image files of the NRC's public documents. An electronic copy of the proposed CoC and preliminary safety evaluation report

(SER)can be found in ADAMS under Accession No. ML003726991. For more information, contact the NRC Public Document Room reference staff at 1-800-397-4209, 202-634-3273 or by email to *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Gordon Gundersen, telephone

(301)415-6195, e-mail GEG1@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] 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 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 September 3, 1999 (64 FR 48274), that approved the HI-STAR 100 cask design, added it to the list of NRC-approved cask designs in § 72.214, and issued Certificate of Compliance Number (CoC No.) 1008. Discussion On November 24, 1999, Holtec International (the certificate holder), submitted an application to the NRC to amend CoC No. 1008 and supplemented the application on February 4, 18, and 28, March 2, 16, and 31, and May 23, 2000. Amendment No. 1 revises the HI-STAR 100 cask system in seven areas and includes changes to the CoC and Technical Specifications. The seven areas involve:

(1)Revision of the existing fuel specification tables;

(2)addition of pressurized water reactor

(PWR)Burnable Poison Rod Assemblies (BPRAs) and Thimble Plug Devices (TPDs);

(3)addition of two new classes of fuel to the fuel specification tables;

(4)addition of a new damaged fuel container that can contain fuel assemblies with known or suspected defects, such as ruptured fuel rods, severed rods, loose pellets;

(5)addition of thoria rods in canisters;

(6)addition of antimony-beryllium neutron sources [ *i.e.,* reactor startup sources]; and

(7)clarifications, editorial corrections, and other minor changes to cask design information and drawings. The staff revised the CoC to include Condition 3 that requires users to prepare written acceptance tests and maintenance program consistent with the technical basis described in Chapter 9 of the SAR. This was done for consistency with other CoC's, in particular, the Hi-STORM 100. In addition, the amendment includes two minor changes to the HI-STAR 100 listing in § 72.214 of the regulations. First, the “Certification Expiration Date” is changed to “Certificate Expiration Date.” Second, “Final” is added to the title of the SAR. This amendment will allow the holders of power reactor operating licenses to store spent fuel in the HI-STAR 100 cask system, as amended, under a general license. These changes are described in the Revision History for Amendment 1 (CoC, Appendices A and B). The NRC staff performed a safety evaluation of the amendment request and found that the changes provide reasonable assurance that the spent fuel can be stored safely and in compliance with 10 CFR Part 72. The NRC staff documented its review and evaluation in a Safety Evaluation Report. This direct final rule will revise the Holtec International HI-STAR 100 cask system listing within the list of NRC-approved casks for spent fuel storage in § 72.214 by adding Amendment No. 1 to CoC No. 1008. The amended HI-STAR 100 cask system, when used under the conditions specified in the CoC and NRC regulations, will meet the requirements of 10 CFR Part 72; thus, adequate protection of public health and safety will continue to be ensured. Amendment No. 1 applies to any HI-STAR 100 cask loaded after December 26, 2000. Amendment No. 1 to CoC No. 1008 and the underlying SER, and the Environmental Assessment and Finding of No Significant Impact are available for inspection and comment through September 21, 2000, at the NRC Public Document Room, 2120 L Street, NW (Lower Level), Washington, DC. Beginning September 26, 2000, the NRC Public Document Room wil be located at 11555 Rockville Pike, Rockvill, MD. Single copies of the CoC and SER may be obtained from Gordon Gundersen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone

(301)415-6195, email *GEG1@nrc.gov.* An electronic copy of the proposed CoC and preliminary SER can be found in the NRC's Electronic Reading Room *http://www.nrc.gov/NRC/ADAMS/index.html* under Accession No. ML003726991. Discussion of Amendments by Section § 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1008 will be revised indicating the addition of Amendment No. 1 and its effective date. Also, the “Certification Expiration Date” is changed to “Certificate Expiration Date,” and “Final” is added to the title of the safety analysis report. Procedural Background This rule is limited to the changes contained in Amendment No. 1 to CoC No. 1008 and does not include other aspects of the HI-STAR 100 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. This amendment will become effective on December 26, 2000. However, if the NRC receives significant adverse comments by November 13, 2000, then the NRC will publish a document that withdraws this action and will address the comments received in response to the amendments. These comments will be addressed in a subsequent final rule. Absent significant modification to the revisions 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 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, 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 rule will add Amendment No. 1 to the HI-STAR 100 cask system to the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites without additional site-specific approvals by the NRC. Amendment No. 1 revises the HI-STAR 100 cask system in seven areas and includes changes to the CoC and Technical Specifications. The seven areas involve:

(1)Revision of the existing fuel specification tables;

(2)addition of pressurized water reactor

(PWR)Burnable Poison Rod Assemblies (BPRAs) and Thimble Plug Devices (TPDs);

(3)addition of two new classes of fuel to the fuel specification tables;

(4)addition of a new damaged fuel container;

(5)addition of thoria rods in canisters;

(6)addition of antimony-beryllium neutron sources [ *i.e.* , reactor startup sources]; and

(301)415-6195, email *GEG1@nrc.gov.* An electronic copy of the proposed environmental assessment and finding of no significant impact can be found in the NRC's Electronic Reading Room at *http://www.nrc.gov/NRC/ADAMS/index.html.* 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 will revise the Holtec International HI-STAR 100 cask system listing within the list of NRC approved casks for spent fuel storage in 10 CFR 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 Nuclear Regulatory Commission

(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-approved 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 Certificate of Compliance, and the conditions of the general license are met. A list of NRC-approved cask system designs is contained in § 72.214. On September 3, 1999 (64 FR 48274), the NRC issued an amendment to Part 72 that approved the HI-STAR 100 cask design, added it to the list of NRC-approved cask designs in § 72.214, and issued CoC No. 1008. On November 24, 1999, the certificate holder submitted an application to the NRC to amend the Technical Specifications and CoC No. 1008. Amendment No. 1 revises the HI-STAR 100 cask system in seven areas and includes changes to the CoC and Technical Specifications. The seven areas involve:

(1)Revision of the existing fuel specification tables;

(2)addition of pressurized water reactor

(PWR)Burnable Poison Rod Assemblies (BPRAs) and Thimble Plug Devices (TPDs);

(3)addition of two new classes of fuel to the fuel specification tables;

(4)addition of a new damaged fuel container;

(5)addition of thoria rods in canisters;

(6)addition of antimony-beryllium neutron sources [ *i.e.* , reactor startup sources]; and

(7)clarifications, editorial corrections, and other minor changes to cask design information and drawings. In addition, the amendment includes two minor changes to HI-STAR 100 listing in § 72.214 of the regulations. First, the “Certification Expiration Date” is changed to “Certificate Expiration Date.” Second, “Final” is added to the title of the safety analysis report. This amendment will allow holders of power reactor operating licenses to store spent fuel in the HI-STAR 100 cask system. This rule will permit manufacture of casks under the revisions in Amendment 1. The alternative to this action is to withhold approval of this amended cask system design and give a site-specific license to each utility that proposes to use the casks. This alternative would cost both the NRC and the utilities more time and money because each utility would have to pursue a new site-specific license. Conducting site-specific reviews would be in conflict with the Nuclear Waste Policy Act of 1982, as amended (NWPA), which directed to the NRC to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the NRC. This alternative does not foster competition because it would tend to favor new vendors without cause and would arbitrarily limit the choice of cask system designs available to power reactor licensees. Approval of the direct final rule would eliminate the problems described above and is consistent with previous NRC 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 licensing and operation of nuclear power plants, independent spent fuel storage facilities, and Holtec International. 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 Section 72.214, Certificate of Compliance 1008 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1008. Initial Certificate Effective Date: October 4, 1999. Amendment Number 1 Effective Date: December 26, 2000. SAR Submitted by: Holtec International. SAR Title: Final Safety Analysis Report for the HI-STAR 100 Cask System. Docket Number: 72-1008. Certificate Expiration Date: October 4, 2019. Model Number: HI-STAR 100. Dated at Rockville, Maryland, this 20th day of September, 2000. For the Nuclear Regulatory Commission. Frank J. Miraglia, Jr., Acting Executive Director for Operations. [FR Doc. 00-25913 Filed 10-10-00; 8:45 am]

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