Unknown. Direct final rule

5,332 words·~24 min read·/register/2002/03/27/02-7320

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-2002-03-27.xml --- 67 59 Wednesday, March 27, 2002 Contents Editorial Note: In the March 25, 2002, **Federal Register,** the Table of Contents entry for Health and Human Services Department document 02-7056 printed incorrectly. The correct Table of Contents entry should have read: Agency Health and Human Services Department NOTICES Reports and guidance documents; availability, etc.: Genetic testing, draft information brochure; comment request, 13635-13638 Agriculture Agriculture Department See Natural Resources Conservation Service Antitrust Antitrust Division NOTICES National cooperative research notifications:

Digital Subscriber Line Forum, 14729-14730 02-7281 GE Corporate Research & Development et al., 14730 02-7286 Management Service Providers Association, Inc., 14730 02-7282 PXI Systems Alliance, Inc., 02-7283 14731 02-7284 Spray Drift Task Force, 14731 02-7285 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 14717-14718 02-7276 02-7277 Submission for OMB review; comment request, 14718-14719 02-7275 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels; correction, 14719 02-7317 Coast Guard Coast Guard RULES Boating safety: Accidents involving recreational vessels, reports; property damage threshold raised, 14643-14645 02-7235 Personal flotation devices for children; Federal requirements for wearing abroad recreational vessels; withdrawn, 14645-14646 02-7236 Drawbridge operations: Massachusetts, 14640 02-7357 New Jersey, 14640-14641 02-7358 Ports and waterways safety:

Camp Pendelton, CA; Operation Native Atlas 2002; security zone, 14641-14643 02-7355 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: India, 14701 02-7331 Commodity Commodity Futures Trading Commission NOTICES Reports and guidance documents; availability, etc.:

NFA Compliance Rule 2-9: Supervision of the use of automated order routing systems, 14701-14702 02-7345 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities: Submission for OMB review; comment request, 14702-14704 02-7335 02-7336 02-7337 Submission for OMB review; comment request Submission for OMB review; comment request, 14704 02-7338 Meetings: Science Board task forces, 02-7303 14705 02-7304 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Roche Diagnostic Corp., 14731-14732 02-7259 Stepan Co., 14732 02-7260 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Renewable energy and energy efficiency; research, development, and demonstration of technologies, 14705-14707 02-7299 EPA Environmental Protection Agency RULES Air programs: Outer Continental Shelf regulations—- Alaska; consistency update, 14646-14649 02-6612 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Acetamiprid, 14649-14660 02-7098 NOTICES Air pollutants, hazardous; national emission standards: Clean Air Act— Contractor access to confidential business information, 14709-14710 02-7330 Pesticide programs:

Risk assessments; availability, etc.— Imazalil, 14710-14711 02-6944 Ziram, 14711-14713 02-7099 Pesticides; experimental use permits, etc.: Cognis Corp. et al., 14713-14714 02-7226 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: General Electric Co., 14630-14632 02-6912 Pilatus Aircraft Ltd., 14632-14634 02-6911 FCC Federal Communications Commission RULES Common carrier services:

Incumbent local exchange carriers— Depreciation requirements review, 14660 02-7262 PROPOSED RULES Radio stations; table of assignments: Massachusetts, 14664-14665 02-7189 Tennessee and Mississippi, 14664 02-7190 NOTICES Agency information collection activities: Proposed collection; comment request, 14714 02-7261 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 14714 02-7442 Federal Energy Federal Energy Regulatory Commission NOTICES California Independenet Systems Operator Corp.; technical conference, 14708 02-7306 Environmental statements; availability, etc.:

Public Utility District No. 1 of Chelan County, WA, 14708 02-7308 Hydroelectric applications, 14708-14709 02-7305 Meetings: El Paso Natural Gas Co. et al.; public conference, 14709 02-7310 *Applications, hearings, determinations, etc.:* Dominion Transmission, Inc., 14707 02-7309 State of California et al., 14707 02-7307 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Orange, Polk, and Hillsborough Counties, FL, et al., 14763-14764 02-7278 FMC Federal Maritime Commission NOTICES Agreements; additional information requests:

Westbound Transpacific Stabilization Agreement; hearing cancelled, 14715 02-7368 Agreements filed, etc., 14715 02-7369 Ocean transportation intermediary licenses: Fescargo Corp. et al., 14715 02-7371 International Services, Inc. et al., 14715-14716 02-7372 Uniworld Express, Inc. et al., 14716 02-7370 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Parts and accessories for safe operation— Ford Motor Co.; fuel tank exemption, 14765-14766 02-7363 Parts and accessories necessary for safe operation— General Motors Corp.; fuel tank exemption, 14764-14765 02-7362 Federal Railroad Federal Railroad Administration PROPOSED RULES Freight car safety standards; maintenance-of-way equipment; rulemaking proceeding terminated, 14665-14667 02-7364 NOTICES Agency information collection activities:

Proposed collection; comment request, 14766-14768 02-7351 Exemption petitions, etc.: North County Transit District, 14768-14769 02-7353 Southern Indiana Railway, Inc., 14769 02-7354 Orders: Automatic train control and advanced civil speed enforcement system; requirements for Northeast Corridor railroads, 14769-14770 02-7352 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 14716 02-7343 Permissible nonbanking activities, 14716 02-7342 Federal Transit Federal Transit Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 14770-14771 02-7365 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Kauai cave wolf spider and Kauai cave amphipod, 14671-14690 02-6801 NOTICES Endangered and threatened species: Sumatran orangutun; emergency exemption; issuance, 14727-14728 02-7314 Endangered and threatened species permit applications, 14726-14727 02-7315 02-7316 Meetings: Endangered Species of Wild Fauna and Flora International Trade Convention; conference; observer information, 14728-14729 02-7313 Food Food and Drug Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 14719-14721 02-7375 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Pennsylvania North Central Pennsylvania Regional Planning and Development Commission, 14696 02-7333 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities: Submission for OMB review; comment request, 14702-14704 02-7335 02-7336 02-7337 02-7338 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health PROPOSED RULES Privacy Act; implementation:

Individually identifiable health information; privacy standards, 14775-14815 02-7144 NOTICES Meetings: National Human Resource Protections Advisory Committee, 14717 02-7280 Interior Interior Department See Fish and Wildlife Service IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 02-7348 14772-14773 02-7349 International International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 14696-14698 02-7332 *Applications, hearings, determinations, etc.:* Howard Hughes Medical Institute, et al., 14698 02-7334 Justice Justice Department See Antitrust Division See Drug Enforcement Administration NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities: Submission for OMB review; comment request, 14702-14704 02-7335 02-7336 02-7337 02-7338 National Highway National Highway Traffic Safety Administration PROPOSED RULES Insurer reporting requirements: Insurers required to file reports; list, 14667-14671 02-7367 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 14721 02-7266 National Heart, Lung, and Blood Institute, 14721 02-7269 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 14723 02-7273 National Institute of Environmental Health Sciences, 14722 02-7272 National Institute of Neurological Disorders and Stroke, 14721-14722 02-7264 02-7271 Scientific Review Center, 02-7265 14723-14725 02-7267 02-7268 02-7270 Organization, functions, and authority delegations:

Office of Equal Opportunity et al., 14725-14726 02-7274 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf king mackerel, 14660-14661 02-7329 PROPOSED RULES Marine mammals: Commercial fishing authorizations— Atlantic Lage Whale Take Reduction Plan, 14690-14694 02-7129 NOTICES Permits: Endangered and threatened species, 14698-14699 02-7341 Marine mammals, 14699 02-7340 NRCS Natural Resources Conservation Service NOTICES Meetings:

Agricultural Air Quality Task Force, 14695 02-7279 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel; storage casks; HI-STORM 100, 14627-14630 02-7320 PROPOSED RULES Fee schedules revision; fee recovery (2002 FY), 14817-14841 02-7114 Spent nuclear fuel; storage casks; HI-STORM 100, 14662-14663 02-7321 NOTICES Agency information collection activities: Submission for OMB review; comment request, 14732 02-7324 Meetings: West Valley, NY; West Valley Demonstration Project; decommissioning criteria, 14733 02-7323 Yucca Mountain, NV; potential high-level waste repository— Acitivities overview, 14733 02-7322 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency information collection activities: Proposed collection; comment request, 14699-14700 02-7319 Pension Pension Benefit Guaranty Corporation PROPOSED RULES Administrative practice and procedure: Appeals of agency decisions, 14663-14664 02-7297 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health SEC Securities and Exchange Commission RULES Reporting and recordkeeping requirements, 14634-14640 02-7287 NOTICES Investment Company Act of 1940:

Exemption applications— First American Investment Funds, Inc. et al., 14739-14743 02-7326 Nationwide Life Insurance Co. et al., 14735-14739 02-7325 Share substitution applications— Integrity Life Insurance Co. et al., 14743-14746 02-7289 Meetings: Securities laws uniformity; annual conference; comment request, 14746-14750 02-7288 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 14751-14753 02-7327 Government Securities Clearing Corp., 14753-14755 02-7291 MBS Clearing Corp., 02-7292 14755-14756 02-7295 New York Stock Exchange, Inc., 14756-14758 02-7296 Pacific Exchange, Inc., 02-7293 14759-14761 02-7294 02-7328 *Applications, hearings, determinations, etc.:* UTEK Corp., 14733-14735 02-7290 State State Department NOTICES Foreign terrorist organizations; designation:

Al-Aqsa Martyrs Brigade, 14761 02-7492 Foreign terrorists; individuals and organizations; designation: Al-Aqsa Martyrs Brigade et al., 14761 02-7212 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Midwest Generation, LLC, 14771 02-7244 Pemiscot County Port Authority, 14771-14772 02-7339 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES African Growth and Opportunity Act; implementation:

Ghana; benefits eligibility determination, 14761-14762 02-7374 United States-European Free Trade Association; mutual recognition agreement, 14762-14763 02-7373 World Trade Organization: Trade Agreements Act; government procurement thresholds Republication, 14763 R2-4120 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-7311 14773-14774 02-7312 Separate Parts In This Issue Part II Health and Human Services Department, 14775-14815 02-7144 Part III Nuclear Regulatory Commission, 14817-14841 02-7114 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. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 59 Wednesday, March 27, 2002 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AG97 List of Approved Spent Fuel Storage Casks:

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

(NRC)is amending its regulations revising the Holtec International HI-STORM 100 cask system listing within the list of approved spent fuel storage casks to include Amendment 1 to Certificate of Compliance

(CoC)Number 1014. This amendment will modify the present cask system design, under a general license, to: add four new multipurpose canisters; add new containers for damaged fuel; add the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored overpacks; allow the storage of high-burnup fuel; delete the Technical Specifications for special requirements for the first systems in place and for training requirements and relocate these requirements to the main body of CoC 1014; and allow the storage of selected nonfuel hardware. The amendment will also use revised thermal analysis tools to include natural convection heat transfer, revise the helium backfill requirements to allow a helium density measurement to be used, allow a helium drying system rather than the existing vacuum drying system, and require soluble boron during canister loading for certain higher enriched fuels. In addition, modifications will be made to applicable CoC conditions and sections of Appendix A and Appendix B to the CoC to reflect the changes. DATES: The final rule is effective June 10, 2002, unless significant adverse comments are received by April 26, 2002. 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 e-mail 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/reading-rm.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. ML013330457. 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.* CoC No. 1014, the revised Technical Specifications, the underlying Safety Evaluation Report for Amendment No. 1, 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 Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-6219, e-mail *jmm2@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Jayne M. 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 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 May 1, 2000 (65 FR 25241), that approved the Holtec HI-STORM 100 cask design and added it to the list of NRC-approved cask designs in § 72.214 as Certificate of Compliance Number (CoC No.) 1014. Discussion On July 3, 2001, and as supplemented on August 13 and 17, and October 5, 12, and 19, 2001, the certificate holder, Holtec International, submitted an application to the NRC to amend CoC No. 1014 to permit a Part 72 licensee to:

(1)Add four new multipurpose canisters—three for pressurized water reactor fuel and one for boiling water reactor fuel;

(2)add new containers for damaged fuel;

(3)add the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored overpacks;

(4)allow the storage of high-burnup fuel;

(5)delete the Technical Specifications for special requirements for the first systems in place and for training requirements and relocate these requirements to the main body of CoC 1014; and

(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 NRC 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 NRC 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.

(3)The comment causes the NRC staff to make a change (other than editorial) to the CoC or TS. These comments will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on this action. However, if the NRC receives significant adverse comments by April 26 2002, 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** . 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. 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 Holtec HI-STORM 100 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. 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 Holtec HI-STORM 100 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 to:

(1)Add four new multipurpose canisters—three for pressurized water reactor fuel and one for boiling water reactor fuel;

(2)add new containers for damaged fuel;

(3)add the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored overpacks;

(4)allow the storage of high-burnup fuel;

(5)delete the Technical Specification for special requirements for the first systems in place and for training requirements and relocate these requirements to the main body of CoC 1014; and

(301)415-6219, email *jmm2@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 May 1, 2000 (65 FR 25241), the NRC issued an amendment to Part 72 that approved the Holtec HI-STORM 100 cask design by adding it to the list of NRC-approved cask designs in § 72.214. On July 3, 2001, and as supplemented on August 13 and 17, and October 5, 12, and 19, 2001, the certificate holder, Holtec International, submitted an application to the NRC to amend CoC No. 1014 to permit a Part 72 licensee to:

(1)Add four new multipurpose canisters—three for pressurized water reactor fuel and one for boiling water reactor fuel;

(2)add new containers for damaged fuel;

(3)add the HI-STORM 100S overpack and the 100A and 100SA high-seismic anchored overpacks;

(4)allow the storage of high-burnup fuel;

(5)delete the Technical Specifications for special requirements for the first systems in place and for training requirements and relocate these requirements to the main body of CoC 1014; and

(6)allow the storage of selected nonfuel hardware. The amendment also will utilize revised thermal analysis tools to include natural convection heat transfer, revise the helium backfill requirements to allow a helium density measurement to be used, allow a helium drying system rather than the existing vacuum drying system, and require soluble boron during canister loading for certain higher enriched fuels. In addition, modifications will be made to Conditions 1.a., 1.b., 2, 3, 5, 9, 10, and 11 of the CoC; Sections 3.0 and 5.0 of Appendix A to the CoC; and Sections 1.0, 2.0, and 3.0 of Appendix B to the CoC to reflect the changes. The alternative to this action is to withhold approval of this amended cask system design and issue a site-specific license to each licensee. This alternative would cost both the NRC and the utilities more time and money because each utility would have to pursue an exemption or a site-specific license. Approval of the direct final rule will eliminate this 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 this 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 issued, 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. 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. 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). 2. In § 72.214, Certificate of Compliance 1014 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1014 Initial Certificate Effective Date: June 1, 2000 Amendment Number 1 Effective Date: June 10, 2002 SAR Submitted by: Holtec International SAR Title: Final Safety Analysis Report for the HI-STORM 100 Cask System Docket Number: 72-1014 Certificate Expiration Date: June 1, 2020 Model Number: HI-STORM 100 Dated at Rockville, Maryland, this 13th day of March, 2002. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 02-7320 Filed 3-26-02; 8:45 am]

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