Unknown. Direct final rule

4,579 words·~21 min read·/register/2001/08/21/01-20993

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-08-21.xml --- 66 162 Tuesday, August 21, 2001 Contents Agricultural Agricultural Marketing Service NOTICES Committees; establishment, renewal, termination, etc.: Fruit and Vegetable Industry Advisory Committee, 43833 01-21040 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Natural Resources Conservation Service See Rural Utilities Service Air Force Air Force Department PROPOSED RULES Privacy Act; implementation, 43820-43822 01-20746 NOTICES Privacy Act:

Systems of records, 43843-43847 01-20751 Animal Animal and Plant Health Inspection Service RULES Interstate transportation of animals and animal products (quarantine): Scrapie in sheep and goats— Movement restrictions and indemnity program, 43963-44003 01-20693 NOTICES Meetings: Animal Disease Risk Assessment, Prevention, and Control Act; economic impacts due to introduction of diseases into U.S.; report development; comment request, 43833-43834 01-21089 Army Army Department See Engineers Corps PROPOSED RULES Privacy Act; implementation, 43818-43820 01-20745 NOTICES Privacy Act:

Systems of records, 43847-43850 01-20749 01-20750 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Kenya; HIV/AIDS prevention activities expansion, 43872-43873 01-21132 Kenya; mother to child transmission prevention program, 43872 01-21131 South African trade unions; capacity-building assistance to develop and implement effective HIV/AIDS prevention education programs, 43872 01-21130 Children Children and Families Administration NOTICES Grant and cooperative agreement awards:

Research Foundation of State University of New York, 43873 01-20987 Coast Guard Coast Guard RULES Ports and waterways safety: Gulf of Alaska, Narrow Cape, Kodiak Island, AK; safety zone, 43774-43776 01-21083 Sister Bay, WI; safety zone, 43776-43778 01-21084 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration CITA Committee for the Implementation of Textile Agreements NOTICES Special access and special regime programs: Participation denial— Oxford Industries, Inc., 43841 01-20999 Defense Defense Department See Air Force Department See Army Department See Engineers Corps NOTICES Contract payment claims; electronic submission and processing; 10 U.S.C. 2227 implementation delay, 43841 01-20948 Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 43841-43842 01-21066 43842-43843 01-21067 Education Education Department RULES Postsecondary education: Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program, 44005-44007 01-20942 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Radioactive waste: Yucca Mountain, NV; site recommendation consideration hearings, etc., 43850-43851 01-21088 Engineers Engineers Corps NOTICES Nationwide permits (NWPs); issuance, reissuance, and modifications; comment request; correction, 43961 C1-19841 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 43779-43796 01-21026 01-21028 01-21030 01-21032 Pennsylvania; correction, 43796-43798 01-21033 01-21034 Hazardous waste program authorizations: South Carolina, 43798-43806 01-20786 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 43806-43808 01-20890 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 01-21027 43822-43823 01-21029 01-21031 Hazardous waste:

Identification and listing— Exclusions, 43823-43831 01-21045 Hazardous waste program authorizations: South Carolina, 43831 01-20787 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 43831-43832 01-20891 NOTICES Meetings: Science Advisory Board, 43864-43865 01-21046 Superfund; response and remedial actions, proposed settlements, etc.: PCB Treatment, Inc. Site, KS and MO, 43867 01-21044 Superfund program: Community right-to-know toxic chemical release reporting— Lead and lead compounds, 43865-43867 01-21049 FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 43763-43766 01-20803 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 43766-43770 01-20805 01-20806 McDonnell Douglas, 43770-43773 01-20804 PROPOSED RULES Airworthiness directives: Dornier, 43815-43818 01-21011 Fairchild, 43814-43815 01-20941 Reims Aviation S.A., 43811-43813 01-20940 NOTICES Agency information collection activities: Proposed collection; comment request, 43950-43951 01-21087 Airports: Airport congestion and airline flight delay relief; market-based approaches; comment request, 43947-43950 01-20998 Meetings:

RTCA, Inc., 43951-43952 01-21085 01-21086 FCC Federal Communications Commission NOTICES Meetings: Public Safety National Coordination Committee, 43868 01-21000 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 43868 01-21212 Federal Election Federal Election Commission NOTICES Special elections; filing dates: Arkansas, 43868-43870 01-21012 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Puget Sound Energy, Inc., et al., 43858-43859 01-21051 Environmental statements; availability, etc.:

Alcoa Power Generating, Inc., 43859-43860 01-20960 Hydroelectric applications, 43860-43864 01-20957 01-20958 01-20959 01-20961 01-20971 *Applications, hearings, determinations, etc.:* Capital Energy, Inc., 43851-43852 01-20963 Cold Springs Creek, LLC, 43852 01-20964 Crossroads Pipeline Co., 43852-43853 01-20951 01-20953 Desert Power, L.P., 43853 01-20966 Entrust Energy, L.L.C., 43853-43854 01-20967 Gray County Wind Energy, LLC, 43854 01-20968 Kern River Gas Transmission Co., 43854-43855 01-20949 MIGC, Inc., 43855 01-20962 Millennium Pipeline Co., L.P., 43855 01-20956 Natural Gas Pipeline Co. of America, 43855 01-20955 Newington Energy, LLC, 43855-43856 01-20965 Snapping Shoals Electric Membership Corp., 43856 01-20969 Timber Energy Resources, Inc., 43856 01-20970 TransColorado Gas Transmission Co., 43857 01-20954 Transcontinental Gas Pipe Line Corp., 43857 01-20952 Transwestern Pipeline Co., 43857-43858 01-20950 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Dane County, WI, 43952-43953 01-20931 Federal Housing Federal Housing Finance Board PROPOSED RULES Federal home loan bank system: Capital requirements Correction, 43961 C1-19852 Uninsured credit limits Correction, 43961 C1-19851 Federal Law Federal Law Enforcement Training Center NOTICES Privacy Act: Systems of records, 43955-43958 01-20946 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Great Miami & Scioto Railway Co., 43953-43954 01-21079 Los Angeles, Port of, 43955 01-21082 Sound Transit, 43954 01-21080 Traffic control systems; discontinuance or modification:

CSX Transportation, Inc., 43954-43955 01-21081 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 43870 01-21072 Formations, acquistions, and mergers, 43870 01-21073 Fish Fish and Wildlife Service RULES Endangered and threatened species: Alabama lampmussel, etc. (16 freshwater mussels and 1 freshwater snail); nonessential experimental population status establishment in Tennessee River Correction, 43808-43809 01-21071 Migratory bird hunting:

Seasons, limits, and shooting hours; establishment, etc., 44009-44024 01-21037 NOTICES Agency information collection activities: Submission for OMB review; comment request, 43882-43884 01-21070 Comprehensive conservation plans; availability, etc.: Wyandotte National Wildlife Refuge, MI, 43898 01-21008 Endangered and threatened species: Florida manatee conservation measures; watercraft access facility designs; interim strategy and guidance, 43885-43896 01-21069 Endangered and threatened species permit applications, 43884-43885 01-21005 01-21038 Environmental statements; availability, etc.:

Survival enhancement permits— Red-cockaded woodpecker; safe harbor agreement; Avalon Plantation Annex, Jefferson County, FL, 43896-43898 01-21007 Marine mammal permit applications, 43898 01-21039 Meetings: Sport Fishing and Boating Partnership Council, 43898-43899 01-21006 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Ponazuril paste, 43773-43774 01-20983 Sponsor name and address changes— Orion Corp. ORION-FARMOS, 43773 01-20982 Food Food Safety and Inspection Service NOTICES Meetings:

Codex Alimentarius Commission— Cocoa Products and Chocolate Codex Committee, 43835-43836 01-21043 Nutrition and Foods for Special Dietary Uses Codex Committee, 43834-43835 01-21042 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California Atlantic Richfield Co.; oil refinery complex; correction, 43961 C1-19472 Iowa Deere & Co.; construction equipment manufacturing facility; correction, 43961 C1-19471 Forest Forest Service RULES Administration:

National Forest System; appeal of decisions; obsolete rules removed, 43778-43779 01-20088 GSA General Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 43870-43871 01-21063 01-21064 01-21065 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 43841-43843 01-21066 01-21067 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Stockyards; posting and deposting:

Martella Livestock Market, Inc., CA, et al., 43836 01-21041 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 Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: National Bioethics Advisory Commission, 43872 01-20947 Health Health Resources and Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 43873 01-20984 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Greenhouse tomatoes from— Canada, 43838 01-21076 Silicomanganese from— Ukraine, 43838-43840 01-21077 Steel concrete reinforcing bars from— Turkey, 43840 01-21078 Export trade certificates of review, 43840-43841 01-21050 Labor Labor Department See Pension and Welfare Benefits Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 43906 01-21020 Grants and cooperative agreements; availability, etc.: Caribbean Labor Market Information System Project, 43906-43916 01-20985 Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 43899-43902 01-21052 01-21053 01-21054 01-21055 Closure of public lands: Montana and Wyoming, 43902-43904 01-21061 Meetings: Klamath Provincial Advisory Committee, 43904 01-21062 Science Advisory Board, 43904-43905 01-21059 Organization, functions, and authority delegations:

Oklahoma Field Office, OK; name change, 43905 01-21058 Recreation management restrictions, etc.: Washington State public lands; regulated fire closure, 43904 01-21056 Survey plat filings: New Mexico, 43905 01-21060 Wyoming, 43905-43906 01-21057 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 43841-43843 01-21066 01-21067 NIH National Institutes of Health NOTICES Agency information collection activities:

Submission for OMB review; comment request, 43873-43874 01-20926 Meetings: National Center for Research Resources, 43874 01-20928 National Institute of Neurological Disorders and Stroke, 43875 01-20930 National Institute on Alcohol Abuse and Alcoholism, 43874-43875 01-20929 Scientific Review Center, 43875-43876 01-20927 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 43918 01-21177 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes:

Caribbean Area, 43836 01-20943 Louisiana, 43836-43837 01-20944 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 43761-43763 01-20993 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 43810-43811 01-20994 NOTICES Committees; establishment, renewal, termination, etc.:

Nuclear Waste Advisory Committee, 43920-43921 01-20995 Meetings; Sunshine Act, 43921 01-21147 *Applications, hearings, determinations, etc.:* Exelon Generating Co., LLC, 43918-43920 01-20991 Nuclear Management Co., LLC, 43920 01-20992 Pension Pension and Welfare Benefits Administration NOTICES Meetings: Employee Welfare and Pension Benefit Plans Advisory Council, 01-21021 01-21022 43917-43918 01-21023 01-21024 Presidio Presidio Trust NOTICES Meetings, 43921-43922 01-21009 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RUS Rural Utilities Service NOTICES Environmental statements; notice of intent:

East Kentucky Power Cooperative, Inc., 43837 01-21068 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 43922-43923 01-20973 Submission for OMB review; comment request, 01-20972 43923-43924 01-20974 Joint industry plan: Chicago Board Options Exchange, Inc., 43924-43925 01-21019 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 43925-43937 01-20978 01-20979 01-21014 Chicago Board Options Exchange, Inc., 43937-43939 01-20975 Chicago Stock Exchange, Inc., 43939 01-21017 Depository Trust Co., 43939-43941 01-20976 Emerging Markets Clearing Corp., 43941-43942 01-21018 National Association of Securities Dealers, Inc., 43942-43944 01-21015 01-21016 Pacific Exchange, Inc., 43944-43947 01-20977 01-20980 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 43876 01-21004 Reports and guidance documents; availability, etc.: Federal Workplace Drug Testing Program; Mandatory Guidelines; urine specimens validity determination standards, 43876-43882 01-20945 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* First Charter, MHC, et al., 43958 01-20981 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Airports:

Airport congestion and airline flight delay relief; market-based approaches; comment request, 43947-43950 01-20998 Aviation proceedings: Hearings, etc.— Aeronautica de Cancun, S.A., et al., 43950 01-21001 Treasury Treasury Department See Federal Law Enforcement Training Center See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Agency information collection activities— Submission for OMB review; comment request, 43958-43960 01-20988 01-20989 01-20990 Separate Parts In This Issue Part II Department of Agriculture, Animal and Plant Health Inspection Service, 43963-44003 01-20693 Part III Department of Education 44005-44007 01-20942 Part IV Department of Interior, Fish and Wildlife Service, 44009-44024 01-21037 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. 66 162 Tuesday, August 21, 2001 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG82 List of Approved Spent Fuel Storage Casks:

Westinghouse MC-10 Termination AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations revising the Westinghouse MC-10 cask system listing within the “List of Approved Spent Fuel Storage Casks” terminating Certificate of Compliance Number 1001 as requested by the Westinghouse Government Environmental Services Company. DATES: The final rule is effective November 5, 2001, unless significant adverse comments are received by September 20, 2001. 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. 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. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737 or by email to pdr@nrc.gov. FOR FURTHER INFORMATION CONTACT: Jayne McCausland, telephone

(301)415-6219, e-mail jmm2@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 K within 10 CFR Part 72, which contained a list of spent fuel storage cask designs. Included in this list was Certificate of Compliance

(CoC)No. 1001 for the Westinghouse MC-10 cask system. Discussion On February 19, 2001, the Westinghouse Government Environmental Services Company submitted a request (ADAMS ML010650146) to the NRC to terminate the § 72.214 listing of CoC No. 1001. Westinghouse indicated it does not desire to continue supporting the MC-10 cask design. Furthermore, no Part 72 general licensees currently use the MC-10 cask design. Therefore, the NRC has no objections to terminating CoC No. 1001 and is removing the CoC from the list of approved spent fuel storage cask designs contained in § 72.214. The Westinghouse request (ADAMS ML010650146) is available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of this document may be obtained from Jayne McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, email jmm2@nrc.gov. Discussion of Amendments by Section Section 72.214—List of Approved Spent Fuel Storage Casks Certificate No. 1001 is terminated by removing the listing of the certificate. Procedural Background This rule is limited to the removal of CoC No. 1001 from § 72.214 and does not include other aspects of the Westinghouse MC-10 cask system design. The NRC is using the “direct final rule procedure” to promulgate this removal because it represents a change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on November 5, 2001. However, if the NRC receives significant adverse comments by September 20, 2001, then the NRC will publish a 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. A comment is adverse and significant if:

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

(a)The comment causes the staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. 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 terminate the Westinghouse MC-10 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 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: Environmental Assessment 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 terminate the CoC for the Westinghouse MC-10 cask system from 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. This rulemaking is needed to remove the Westinghouse MC-10 listing from the “List of approved spent fuel storage casks” in § 72.214. Westinghouse Government Environmental Services Company indicated that it does not desire to continue supporting the MC-10 cask design. Furthermore, no Part 72 general licensees currently use the MC-10 cask design. Therefore, the NRC has no objections to terminating CoC No. 1001 and is removing the CoC from the list of approved spent fuel storage cask designs contained in § 72.214. The potential environmental impact of not using the Westinghouse MC-10 cask system will not compromise the public health and safety. The alternative to the proposed action would be to deny approval of the amendment. The proposed termination action now under consideration would not change the potential environmental effects because

(1)There are other approved casks available for storage of spent nuclear fuel and

(2)there currently is no spent nuclear fuel being stored under the general license provisions of Part 72 in this cask design. Therefore, the NRC staff has determined that there are no significant environmental impacts as a result of the termination. No agencies or persons outside the NRC were contacted in connection with the preparation of this environmental assessment. 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. Included in the list of approved cask designs was the Westinghouse MC-10 cask design under CoC No. 1001. On February 19, 2001, the certificate holder (Westinghouse Government Environmental Services Company) requested that NRC terminate the listing of CoC No. 1001 from § 72.214. Furthermore, no Part 72 general licensee currently uses the MC-10 cask design. This rule will remove the above listing from § 72.214. The alternative to this action is to withhold approval of this request. This alternative would cost both the CoC holder and the NRC time and resources because the regulatory burden requiring the CoC holder to respond to certain NRC requests, including but not limited to Information Notices, and the NRC to review the responses, would remain. Approval of the direct final rule will eliminate the above described burden. 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 Westinghouse Government Environmental Services Company. This company does 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. 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. 102-486, sec. 7902, 106 Stat. 3123 (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). § 72.214 [Amended] 2. In § 72.214, Certificate of Compliance 1001 is removed. Dated at Rockville, Maryland, this 6th day of August, 2001. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 01-20993 Filed 8-20-01; 8:45 am]

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