Unknown. Direct final rule

5,176 words·~24 min read·/register/2001/06/29/01-16390

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-2001-06-29.xml --- 66 126 Friday, June 29, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Natural Resources Conservation Service See Rural Business-Cooperative Service Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Grants and cooperative agreements; availability, etc.: Gang Resistance Education and Training Program, 34733-34734 01-16393 Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign:

Corpus Christi, TX; fresh fruits; cold treatment Correction, 34584 01-16400 NOTICES Agency information collection activities: Proposed collection; comment request, 34608-34609 01-16401 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Coast Guard Coast Guard PROPOSED RULES Vessel documentation and measurement: Lease-financing for vessels engaged in coastwise trade, 34603 01-16554 Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Technology Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 34611-34613 01-16461 01-16462 Defense Defense Department See Navy Department Education Education Department RULES Postsecondary education:

Federal Family Education Loan Program and William D. Ford Federal Direct Loan Program, 34761-34766 01-16470 NOTICES Agency information collection activities: Submission for OMB review; comment request, 34623 01-16428 Postsecondary education: William D. Ford Federal Direct Loan Program— Income contingent repayment plan formula; annual updates, 34767-34772 01-16573 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 34718-34719 01-16082 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:

Yucca Mountain, NV; spent nuclear fuel and high-level radioactive waste disposal; geological repository, 34623-34624 01-16420 Floodplain and wetlands protection; environmental review determinations; availability, etc.: Los Alamos National Laboratory, NM; wildfire hazard reduction and forest health improvement program projects, 34624-34625 01-16451 Presidential permit applications: Maestros Group L.L.P., 34625-34626 01-16113 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Oil and natural gas production and natural gas transmission and storage; technical correction, 34548-34559 01-16438 Air quality implementation plans; approval and promulgation; various States: Utah; correction, 34743 C1-15031 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bifenazate, 34561-34569 01-16441 Reporting and recordkeeping requirements, 34546-34548 01-16457 Water programs: Oil pollution prevention and response; non-transportation-related facilities; technical correction, 34559-34561 01-16294 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Arizona, 34598-34602 01-16439 Ohio, 34596-34598 01-16437 Antarctica; nongovernmental activities; environmental impact assessment; assessment and coordination requirements, 34745-34760 01-16436 NOTICES Air pollution control: Citizens suits; proposed settlement agreements— American Coke and Coal Chemicals Institute, 34631-34632 01-16440 Environmental statements; availability, etc.: Agency statements— Comment availability, 34632 01-16458 Weekly receipts, 34632-34633 01-16459 Pesticide registration, cancellation, etc.:

Syngenta Crop Protection, Inc., et al., 34633-34636 01-16443 Reports and guidance documents; availability, etc.: Antimicrobial disinfectant and sanitizer pesticides; phenol resistance testing elimination, 34636-34637 01-16442 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export Administration Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 34613 01-16369 Export Export-Import Bank NOTICES Agency information collection activities:

Submission for OMB review; comment request, 34637-34669 01-16367 01-16368 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 34530-34532 01-16202 Boeing, 34526-34530 01-16049 Gulfstream; correction, 34532-34533 01-16203 PROPOSED RULES Airworthiness directives: Boeing, 34591-34593 01-16382 McDonnell Douglas, 34593-34596 01-16383 Saab, 34589-34591 01-16381 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Rural high-cost universal service;

Multi-Association Group plan; effective date, 34581 01-16421 Practice and procedure: Telecommunications Act of 1996; implementation— Pole attachments; rules and policies; reconsideration petitions, 34569-34581 01-16038 Television broadcasting: Satellite Home Viewer Improvement Act implementation; broadcast signal carriage and retransmission consent issues Correction, 34581-34582 01-16516 Effective date, 34582 01-16517 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-price cap incumbent local exchange carriers and interexchange carriers; interstate services regulation;

Multi-Association Group plan, 34603-34607 01-16371 NOTICES Agency information collection activities: Proposed collection; comment request, 34670-34671 01-16424 Submission for OMB review; comment request, 34671-34672 01-16423 Common carrier services: Jurisdictional Separations Report (ARMIS 43-04); streamlining, 34672-34680 01-16422 Wireless telecommunications services— Narrowband PCS spectrum auction; upfront payments, bidding unit amounts, and minimum opening bids for nationwide licenses and MTA 017 licenses, 34680 01-16518 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

TransAlta USA Inc. et al., 34629-34631 01-16372 *Applications, hearings, determinations, etc.:* Bangor Hydro-Electric Co., 34626 01-16418 Egan Hub Partners, L.P., 34626-34627 01-16417 GenHoldings I, LLC, et al., 34627 01-16373 Transcontinental Gas Pipe Line Corp., 34627-34629 01-16419 Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 34680-34682 01-16377 FTC Federal Trade Commission NOTICES Prohibited trade practices:

LaFarge S.A. et al., 34682-34683 01-16399 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Lost Trail National Wildlife Refuge, MT, 34713-34714 01-16380 Endangered and threatened species permit applications, 34714-34715 01-16396 Meetings: Aquatic Nuisance Species Task Force, 34715 01-16375 Food Food and Drug Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 34684-34687 01-16323 01-16324 01-16325 Foreign Foreign Agricultural Service NOTICES Agency information collection activities:

Proposed collection; comment request, 34609-34610 01-16444 GSA General Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 34683 01-16331 Health Health and Human Services Department See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Health Care Financing Administration NOTICES Medicare: Home health agencies; prospective payment system update (2002 FY), 34687-34693 01-16384 Meetings:

New clinical laboratory tests; payment rates assignment, 34693-34695 01-16370 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 34710-34711 01-16378 01-16379 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 34711-34713 01-16029 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 34718 01-16450 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service NOTICES Environmental statements; availability, etc.: Central Utah Project— Diamond Fork Area, UT; power privilege lease termination, 34713 01-16398 Meetings: Delaware and Lehigh National Heritage Corridor Commission, 34713 01-16395 IRS Internal Revenue Service RULES Income taxes: Defined contribution retirement plans; nondiscrimination requirements, 34535-34545 01-16326 NOTICES Agency information collection activities:

Proposed collection; comment request, 34734-34742 01-16402 01-16403 01-16404 01-16405 01-16406 01-16407 01-16408 01-16409 01-16410 01-16411 01-16412 01-16413 01-16414 Meetings: Citizen Advocacy Panels— Florida District, 34742 01-16415 International International Trade Administration NOTICES Antidumping: Coumarin from— China, 34614-34615 01-16454 Potassium permanganate from— China, 34615 01-16453 Structural steel beams from— Korea, 34615-34616 01-16452 Export trade certificates of review, 34616-34618 01-16455 International International Trade Commission NOTICES Import investigations:

Seamless carbon and alloy steel standard, line, and pressure pipe from— Various countries, 34717 01-16460 Steel products; questionnaires to be issued in connection with investigation, 34717 01-16469 Justice Justice Department See Immigration and Naturalization Service See Parole Commission NOTICES Privacy Act: Systems of records; correction, C1-13860 34743 C1-13861 Labor Labor Department See Employment Standards Administration Minerals Minerals Management Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 34715-34716 01-16385 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Space Science Advisory Committee, 34720 01-16449 National Archives National Archives and Records Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 34720 01-16327 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 34695-34696 01-16366 Meetings:

National Cancer Institute, 34696-34698 01-16343 01-16344 01-16348 01-16355 01-16361 National Center for Complementary and Alternative Medicine, 34698 01-16360 National Heart, Lung, and Blood Institute, 34698-34700 01-16334 01-16335 01-16336 01-16337 01-16338 01-16339 01-16362 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 01-16356 01-16357 34703-34704 01-16358 01-16359 National Institute of Child Health and Human Development, 34700-34701, 34704-34705 01-16333 01-16364 01-16365 National Institute of Diabetes and Digestive and Kidney Diseases, 34702-34704 01-16353 01-16363 National Institute of Environmental Health Sciences, 34701 01-16345 National Institute of General Medical Sciences, 34700, 34703 01-16332 01-16354 National Institute of Mental Health, 34701 01-16349 National Institute of Nursing Research, 34701-34702 01-16350 National Institute on Deafness and Other Communication Disorders, 01-16351 34702 01-16352 National Institute on Drug Abuse, 34701 01-16340 National Library of Medicine, 01-16341 34705 01-16342 Scientific Review Center, 34705-34709 01-16346 01-16347 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— West Coast salmon, 34582-34583 01-16467 Ocean and coastal resource management: Marine sanctuaries— Florida Keys National Marine Sanctuary, FL, 34533-34535 01-16172 NOTICES Environmental statements; availability, etc.: San Francisco Bay National Estuarine Research Reserve, CA; public hearings, 34618 01-16005 Marine mammals: Incidental taking; authorization letters, etc.— Mugu Lagoon, CA; building demolition activities; harbor seals, etc., 34618-34621 01-16468 Permits:

Endangered and threatened species, 34621-34622 01-16466 NRCS Natural Resources Conservation Service PROPOSED RULES Conservation operations: Private grazing land resources; technical assistance, 34584-34587 01-15949 NOTICES Meetings: Agricultural Air Quality Task Force, 34610 01-16376 Navy Navy Department NOTICES Environmental statements; notice of intent: Yuma Training Range Complex, AZ; impact of Marine Corps actions on Sonoran pronghorn, 34622-34623 01-16448 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 34523-34526 01-16390 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 34588-34589 01-16391 NOTICES Nuclear waste and spent fuel shipments: Governors’ designees receiving advanced notification; list, 34724-34727 01-16103 Reports and guidance documents; availability, etc.: Multi-Agency Radiation Survey and Site Investigation Manual (Revision 1); correction, 34727-34728 01-16392 *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, Inc., 34720-34722 01-16388 Exelon Generation Co., LLC, 34722 01-16389 Niagara Mohawk Power Corp. et al., 34723-34724 01-16387 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Parole Parole Commission NOTICES Meetings; Sunshine Act, 34717 01-16515 Presidential Presidential Documents PROCLAMATIONS Balkan States; suspension of entry as immmigrants for persons who threaten international stabilization efforts (Proc. 7452), 34773-34776 01-16667 EXECUTIVE ORDERS Balkan States; blocking property of persons who threaten international stabilization efforts (EO 13219), 34777-34781 01-16668 Public Public Health Service See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.:

Value-Added Agricultural Product Market Development Program, 34610-34611 01-16536 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Depository Trust Co., 34728-34729 01-16374 SBA Small Business Administration NOTICES Disaster loan areas: Louisiana, 34729-34730 01-16429 Minnesota, 34730 01-16433 Pennsylvania, 34730 01-16431 Texas, 34730 01-16430 Wisconsin, 34730 01-16432 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 34709-34710 01-16394 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Alabama & Florida Railway Co., 34732 01-16463 Burlington Northern & Santa Fe Railway Co., 34732 01-16301 Gulf & Ohio Railways Holding Co., Inc., et al., 34732-34733 01-16464 Technology Technology Administration RULES Government owned inventions; licensing, 34545-34546 01-16137 Trade Trade Representative, Office of United States NOTICES North American Free Trade Agreement (NAFTA):

Accelerated tariff eliminations; comment request, 34730-34732 01-16322 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Internal Revenue Service NOTICES Boycotts, international: Countries requiring cooperation; list, 34733 01-16416 Separate Parts In This Issue Part II Environmental Protection Agency, 34745-34760 01-16436 Part III Department of Education, 34761-34766 01-16470 Part IV Department of Education, 34767-34772 01-16573 Part V The President, 34773-34781 01-16667 01-16668 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. 66 126 Friday, June 29, 2001 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG75 List of Approved Spent Fuel Storage Casks:

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

(NRC)is amending its regulations revising the Standardized NUHOMS® -24P and -52B cask system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 3 to Certificate of Compliance

(CoC)Number 1004. Amendment No. 3 will modify the present cask system design to add the -61BT dry storage canister (DSC), the storage portion of a dual purpose cask design intended to both store and transport spent fuel. The Technical Specifications are revised to add additional fuel parameters associated with use of the -61BT DSC. Additional administrative changes are made to the conditions of the CoC. However, the NRC is disapproving a portion of the applicant's request pertaining to storage of failed fuel. DATES: The final rule is effective September 12, 2001, unless significant adverse comments are received by July 30, 2001. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the **Federal Register** . 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 a.m. and 4:15 p.m. on Federal workdays. Certain documents related to this rulemaking, as well as all public comments received on this rulemaking, may be viewed and downloaded electronically via the NRC's rulemaking website at *http://ruleforum.llnl.gov.* You may also provide comments via this website by uploading 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 by the NRC, may be examined at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. For more information, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737 or by email to *pdr@nrc.gov.* 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 Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. An electronic copy of the proposed CoC and preliminary safety evaluation report

(SER)can be found under ADAMS Accession No. ML010720508. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail 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 (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 by 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 spent fuel storage cask designs. The NRC subsequently issued a final rule on December 22, 1994 (59 FR 65920), that approved the Standardized NUHOMS® -24P and -52B cask design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance Number (CoC No.) 1004. Discussion On July 15, 2000, and as supplemented on September 1, 2000, the certificate holder Transnuclear West, Inc. submitted an application to the NRC to amend CoC No. 1004 to permit a Part 72 licensee to use the -61BT dry storage canister

(DSC)to store spent fuel. The -61BT is intended to both store and transport spent fuel. Second, conforming changes would be made to current Technical Specifications

(TS)1.2.1, 1.2.3, and 1.2.4, and would add new TS 1.2.3a, 1.2.4a, and 1.2.17 to accommodate the -61BT DSC and the fuel types it will contain. Additionally, the NRC, on its own initiative, is removing CoC Conditions Nos. 9, 10, and 11. Conditions Nos. 9 and 11 have been superseded by a change to 10 CFR 72.48 (64 FR 53582; October 4, 1999) that permits certificate holders to make certain changes to a cask design without prior NRC approval. Condition No. 10 has been superseded by the new 10 CFR 72.248 (64 FR 53617; October 4, 1999) that requires a certificate holder to periodically update the final safety analysis report

(FSAR)associated with the cask design. This update must include any changes to the cask design made under the provisions of 10 CFR 72.48. The change to 10 CFR 72.48 became effective on April 5, 2001, and the addition of 10 CFR 72.248 became effective on February 1, 2000. Removal of Conditions Nos. 9, 10, and 11 will remove confusion for users of the Standardized NUHOMS® Storage System between compliance with the CoC and Part 72 regulations. Finally, existing Condition No. 12 is redesignated as Condition No. 6. The NRC notes that current Condition Nos. 6, 7, and 8 are unused. Additionally, a minor editorial change would be made to Condition No. 3.b. The NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that adding the -61BT DSC to store spent fuel in and making conforming changes to the TS to add additional fuel parameters associated with the use of the -61BT DSC does not reduce the safety margin. In addition, the NRC staff has determined that these changes do not pose an increased risk to public health and safety. However, the NRC is disapproving a portion of the applicant's request pertaining to storage of failed fuel. The NRC staff concluded that the applicant's request did not provide acceptable assurance of retrievability of the failed fuel, absent the use of a separate failed-fuel can to store the failed fuel in the Standardized NUHOMS® cask design. This direct final rule revises the Standardized NUHOMS® Storage System cask design listing in § 72.214 by adding Amendment No. 3 to CoC No. 1004. The particular TS that are changed are identified in the NRC Staff's Safety Evaluation Report for Amendment No. 3. The amended Standardized NUHOMS® Storage System, when used in accordance with the conditions specified in the CoC, the TS, and NRC regulations will meet the requirements of Part 72; thus, adequate protection of public health and safety will continue to be ensured. CoC No. 1004, the revised Technical Specifications, the underlying Safety Evaluation Report for Amendment No. 3, and the Environmental Assessment are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Gordon Gundersen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6195, email *GEG1@nrc.gov.* Discussion of Amendments by Section *Section 72.214 List of Approved Spent Fuel Storage Casks* Certificate No. 1004 is revised by adding the effective date of Amendment Number 3 and adding Model Number NUHOMS® -61BT. Procedural Background This rule is limited to the changes contained in Amendment 3 to CoC No. 1004 and does not include other aspects of the Standardized NUHOMS® Storage System cask system design. The NRC is using the “direct final rule procedure” to promulgate this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. This amendment is not considered to be a significant amendment by the NRC staff. The amendment to the rule will become effective on September 12, 2001. However, if the NRC receives significant adverse comments by July 30, 2001, then the NRC will publish that document that withdraws this action and will address the comments received in response to the proposed amendments published elsewhere in this issue of the **Federal Register** . A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. These comments will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on this action. 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 Standardized NUHOMS® Storage System cask system design listed in § 72.214 (List of NRC-approved spent fuel storage cask designs). This action does not constitute the establishment of a standard that establishes generally applicable requirements. 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 the 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 would amend the CoC for the Standardized NUHOMS® Storage System cask 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 modify the present cask system design by adding the -61BT DSC to store spent fuel in and making conforming changes to TS to add additional fuel parameters to support use of the -61BT DSC. Additional administrative changes are made to the conditions of the CoC. 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, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available 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.* 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. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, 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 65920), the NRC issued an amendment to part 72 that approved the Standardized NUHOMS® Storage System cask design by adding it to the list of NRC-approved cask designs in § 72.214. On July 15, 2000, and as supplemented on September 1, 2000, the certificate holder, Transnuclear West, submitted an application to the NRC to amend CoC No. 1004 to permit a part 72 licensee to use the -61BT DSC to store spent fuel in and to make conforming changes to TS to support the use of the -61BT DSC. This rule will permit general licensees to use the -61BT DSC to store spent fuel. The rule will remove CoC Conditions Nos. 9, 10, and 11; will redesignate Condition No. 12 as No. 6; and make an editorial change to Condition No. 3.b. The alternative to this action is to withhold approval of this amended cask system design and issue an exemption to each general license. This alternative would cost both the NRC and the utilities more time and money because each utility would have to pursue an exemption. Approval of the direct final rule will eliminate the above described problem 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. 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 Transnuclear 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. 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. List of Subjects In 10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL 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 Number 1 Effective Date:* April 27, 2000 *Amendment Number 2 Effective Date:* September 5, 2000 *Amendment Number 3 Effective Date:* September 12, 2001. *SAR Submitted by:* Transnuclear West, Inc. *SAR Title:* 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, NUHOMS® -52B, and NUHOMS® -61BT. Dated at Rockville, Maryland, this 15th day of June , 2001. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 01-16390 Filed 6-28-01; 8:45 am]

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