Unknown. Final rule

6,083 words·~28 min read·/register/2002/07/15/02-17648·

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-2002-07-15.xml --- 67 135 Monday, July 15, 2002 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Prunes (dried) produced in— California, 46423 02-17615 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Ricin vaccine and methods of making and using; correction, 46566 C2-16885 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Hawaii; End Stage Renal Disease; demonstration project to reduce incidence and severity of infection in patients, 46520-46522 02-17628 Human immunodeficiency virus (HIV)— Zimbabwe; support for civil society organizations, 46522 02-17627 Medicaid: State plan amendments, reconsideration; hearings— Connecticut, 46523 02-17619 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 02-17706 46524-46525 02-17708 02-17756 Submission for OMB review; comment request, 46525-46526 02-17707 02-17709 Children Children and Families Administration NOTICES Grant and cooperative agreement awards:

University of Maryland, 46526 02-17705 Organization, functions, and authority delegations: Refugee Resettlement Office, 46526-46527 02-17606 Coast Guard Coast Guard RULES Ports and waterways safety: Lake Erie— Toledo Captain of Port Zone, OH; security zones, 46385-46387 02-17739 Lake Michigan— Gary, IN; safety zone, 46388-46389 02-17742 Miami Captain of Port area, FL; security zones, 46389-46392 02-17741 Milwaukee Captain of Port Zone, WI; safety zones, 46387-46388 02-17740 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 46457-46458 02-17633 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Bangladesh, 46458 02-17631 Indonesia, 46458-46460 02-17630 Philippines, 46460-46461 02-17632 Romania, 46461 02-17629 Defense Defense Department See Army Department See Engineers Corps See Navy Department Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request; correction, 46566 C2-15868 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 46462-46463 02-17635 Green Olympics Program; implementation; dialogue with Beijing (China) City Government; stakeholders, 46463 02-17634 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: Biomass Research and Development Technical Advisory Committee, 46463-46464 02-17636 Reports and guidance documents; availability, etc.: Energy Standard for Buildings, Except Low-Rise Residential Buildings;

Building Energy Standards Program; energy efficiency improvements determination, 46464-46488 02-17637 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Los Angeles County, CA; West Basin Marine Terminal improvement projects; correction, 46566 C2-16886 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Maine; pulp and paper industry, 46393-46398 02-17698 Solid wastes: Municipal solid waste landfills; location restrictions for airport safety [ **Editorial Note: ** This document, published at 67 FR 45915 in the **Federal Register** of Thursday, July 11, 2002, was incorrectly listed under ”Hazardous waste:” in that issue's table of contents.] 02-17698 PROPOSED RULES Air pollution control:

State operating permits programs— Georgia, 02-17692 46439-46440 02-17693 Solid wastes: Municipal solid waste landfills; location restrictions for airport safety [ **Editorial Note: ** This document, published at 67 FR 45948 in the **Federal Register** of Thursday, July 11, 2002, was incorrectly listed under ”Hazardous waste:” in that issue's table of contents.] 02-17698 Agency information collection activities: Proposed collection; comment request; correction, 46502-46505 02-17686 02-17687 Meetings:

Science Advisory Board, 46505-46507 02-17691 02-17699 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.: Noise operating limits; transition to all Stage 3 fleet operating in 48 contiguous United States and District of Columbia, 46567-46572 02-17744 Airworthiness directives: Rockwell Collins, Inc., 46372-46375 02-17306 PROPOSED RULES Airworthiness directives: Agusta S.p.A, 46425-46427 02-17424 Eurocopter France, 46423-46425 02-17301 Vulcanair S.p.A., 46427-46430 02-17601 NOTICES Meetings:

Foreign operated transport category airplanes; flightdeck security considerations, 46563-46564 02-17738 Passenger facility charges; applications, etc.: Huntsville International Airport, AL, 46564-46565 02-17734 FCC Federal Communications Commission NOTICES Meetings; Sunshine Act, 46507 02-17791 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 46398-46400 02-17278 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

American Electric Power Co., Inc., et al., 46493-46494 02-17733 Hydroelectric applications, 02-17726 46495-46499 02-17727 02-17729 02-17730 02-17731 Meetings: Better stakeholder involvement; how to make it work; workshop, 46499-46500 02-17725 Standard market design; data and software standards, 46501 02-17732 National Register of Historic Places: Programmatic agreement for managing properties; restricted service list— Ridgewood Maine Hydro Partners, L.P., 46501 02-17728 *Applications, hearings, determinations, etc.:* Consolidated Edison Co. of New York, Inc., 46488 02-17722 Greenbrier Pipeline Co., LLC, 46489-46490 02-17718 Minnesota Power et al., 46490 02-17720 Missouri Interstate Gas, LLC, 46490-46491 02-17719 Natural Gas Pipeline Co. of America, 46491-46492 02-17717 Texas Gas Transmission Corp., 46492 02-17724 Williams Gas Pipelines Central, Inc., 46492-46493 02-17723 Wisvest Corp. et al., 46493 02-17721 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system:

Committee support review; members selected for review; list, 46507-46518 02-17217 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 46518 02-17614 Formations, acquisitions, and mergers, 46518-46519 02-17613 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: Fidelity & Deposit Co. of Maryland et al.; correction, 46565 02-17713 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designation— Abutilon eremitopetalum etc. (32 plant species from Lanai, HI), 46450-46451 02-17745 Recovery plans— Northern Idaho ground squirrel, 46440-46441 02-17685 Slickspot peppergrass, 46441-46450 02-17715 NOTICES Environmental statements; notice of intent: Cullinan Ranch, San Pablo Bay National Wildlife Refuge, CA, 46538-46539 02-17603 Food Food and Drug Administration NOTICES Animal drugs, feeds, and related products: Oxytetracycline hydrochloride for marking fish, 46527-46528 02-17749 Forest Forest Service NOTICES Reports and guidance documents; availability, etc.:

National Forest System lands— Noncommercial, educational broadcasters and State and local entities holding leases or permits for communication uses; rental fee waivers, 46452 02-17607 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Blood Safety and Availability Advisory Committee, 46519 02-17677 Organization, functions, and authority delegations: Information Technology Office, Knowledge Management Services Division, 46519-46520 02-17583 Scientific misconduct findings; administrative actions: Pennington, James C., 46520 02-17750 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Health professions and nursing programs; eligible low-income levels, 46528-46529 02-17751 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping:

Polyethylene terephthalate film, sheet, and strip from— Taiwan; correction, 46566 C2-16508 International International Trade Commission NOTICES Import investigations: Oil and gas field services; impediments to trade and prospects for liberalization, 46540-46541 02-17644 Labor Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Lower Snake River District, 46539 02-17617 Science Advisory Board, 46539-46540 02-17684 Mine Mine Safety and Health Administration PROPOSED RULES Coal mine safety and health:

Underground mines— Flame-resistant conveyor belts; requirements for approval; withdrawn, 46431-46432 02-17652 National Highway National Highway Traffic Safety Administration RULES Anthropomorphic test devices: Occupant crash protection—- Hybrid III test dummies; fifth percentile female adult dummy; design and performance specifications; response to reconsideration petitions, 46400-46420 02-15285 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 02-17658 46529 02-17659 National Center for Complementary and Alternative Medicine, 46529-46530 02-17663 National Center for Research Resources, 46530 02-17674 National Institute of Allergy and Infectious Diseases, 46532, 46534-46535 02-17667 02-17672 02-17675 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 46532-46533 02-17668 National Institute of Diabetes and Digestive and Kidney Diseases, 46531-46532 02-17665 National Institute of Environmental Health Sciences, 02-17670 46533-46535 02-17671 02-17676 National Institute of Mental Health, 46531 02-17662 02-17664 National Institute of Neurological Disorders and Stroke, 46530 02-17657 National Institute on Aging, 46530-46531 02-17660 National Institute on Alcohol Abuse and Alcoholism, 46529 02-17673 National Institute on Drug Abuse, 46532-46533 02-17666 02-17669 Scientific Review Center, 02-17656 46535-46536 02-17661 NOAA National Oceanic and Atmospheric Administration RULES International fisheries regulations:

Pacific halibut— Washington sport fisheries; continued access, 46420-46422 02-17704 National Park National Park Service NOTICES Meetings: National Capital Memorial Commission, 46540 02-17604 Navy Navy Department NOTICES Environmental statements; availability, etc.: Base realignment and closure— Naval Air Station Barbers Point, Oahu, HI, 46462 02-17711 Patent licenses; non-exclusive, exclusive, or partially exclusive: Magneto-Inductive Systems Ltd., 46462 02-17710 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 46369-46372 02-17648 NOTICES Meetings: Reactor Safeguards Advisory Committee, 46541 02-17645 Regulatory guides; issuance, availability, and withdrawal, 46541-46542 02-17646 Reports and guidance documents; availability, etc.: Accumulators and associated bases; model safety evaluation relating to modification of completion time from 1 hour to 24 hours, 46542-46547 02-17649 Generic letters— Control room envelope habitability, 46547 02-17647 Occupational Occupational Safety and Health Administration RULES Construction safety and health standards:

Signs, signals, and barricades Withdrawn, 46375-46376 02-17851 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 46547 02-17807 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 46376-46377 02-17641 NOTICES Single-employer and multiemployer plans: Interest rates and assumptions, 46547-46548 02-17639 Postal Postal Rate Commission NOTICES Meetings; Sunshine Act, 46548 02-17849 Postal Postal Service RULES Postage meters:

License holders; information release procedures, 46393 02-17712 Presidential Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2001; delegation of authority (Memorandum of July 2, 2002), 46573-46575 02-17938 Public Public Debt Bureau See Fiscal Service 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 NOTICES Meetings:

National Toxicology Program— Scientific Counselors Board, 46536-46537 02-17655 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: 1890 Land Grant Institutions Rural Entrepreneurial Program Outreach Initiative, 46452-46457 02-17714 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Banknorth Funds Inc. et al., 46550-46552 02-17611 Principal Bond Fund, Inc., et al., 46552-46553 02-17678 Self-regulatory organizations; proposed rule changes:

Depository Trust Co., 46553-46555 02-17679 National Association of Securities Dealers, Inc., 46555-46559 02-17682 02-17683 New York Stock Exchange, Inc., 46559-46561 02-17681 Philadelphia Stock Exchange, Inc., 46561 02-17680 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 46549-46550 02-17612 SBA Small Business Administration NOTICES Disaster loan areas: Texas, 46561 02-17643 Intergovernmental review of agency programs and activities, 46561-46562 02-17690 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 46537-46538 02-17626 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: New Mexico, 46377-46385 02-17651 PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Kentucky, 46432-46434 02-17654 Montana, 46434-46439 02-17653 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 46562-46563 02-17746 02-17748 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 46563 02-17747 Treasury Treasury Department See Fiscal Service Separate Parts In This Issue Part II Department of Transportation, Federal Aviation Administration, 46567-46572 02-17744 Part III Presidential Documents, Administrative Orders, National Defense Authorization Act for Fiscal Year 2001; delegation of authority (Memorandum of July 2, 2002), 46573-46575 02-17938 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. 67 135 Monday, July 15, 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: 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 modifies the present cask system design 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 also uses revised thermal analysis tools to include natural convection heat transfer, revises the helium backfill requirements to allow a helium density measurement to be used, allows a helium drying system rather than the existing vacuum drying system, and requires soluble boron during canister loading for certain higher enriched fuels. In addition, modifications will be made to applicable CoC conditions and sections of Appendices A and B to the CoC to reflect the changes. EFFECTIVE DATE: July 15, 2002. 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 Energy] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear reactor power 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, “[t]he Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.” To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license, publishing a final rule in 10 CFR part 72 entitled, “General License for Storage of Spent Fuel at Power Reactor Sites” (55 FR 29181; July 18, 1990). This rule also established a new Subpart L within 10 CFR part 72 entitled, “Approval of Spent Fuel Storage Casks” containing procedures and criteria for obtaining NRC approval of dry storage cask designs. The NRC subsequently issued a final rule on May 1, 2000 (65 FR 25241), that approved the Holtec International 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

(SER)for Amendment 1. The NRC published a direct final rule (67 FR 14627; March 27, 2002) and the companion proposed rule (67 FR 14662) in the **Federal Register** to revise the Holtec International HI-STORM 100 cask system listing in 10 CFR 72.214 to include Amendment 1 to the CoC. The comment period ended on April 26, 2002. Three comment letters were received on the proposed rule. One comment was considered to be significant and adverse and warranted withdrawal of the direct final rule. A notice of withdrawal was published in the **Federal Register** on June 7, 2002; 67 FR 39260. Additionally, the NRC staff made minor editorial changes, in response to the two other comment letters, to Appendix B to CoC 1014, for the HI-STORM 100 cask system. The NRC finds that the amended Holtec International HI-STORM 100 cask system, as designed and when fabricated and used in accordance with the conditions specified in its CoC, meets the requirements of part 72. Thus, use of the Holtec International HI-STORM 100 cask system, as approved by the NRC, will continue to provide adequate protection of public health and safety and the environment. With this final rule, the NRC is approving the use of the Holtec International HI-STORM 100 cask system under the general license in 10 CFR part 72, Subpart K, by holders of power reactor operating licenses under 10 CFR part 50. Simultaneously, the NRC is issuing a final SER and CoC that will be effective on July 15, 2002. Single copies of the CoC and SER are available for public inspection and/or copying for a fee at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Copies of the public comments are available for review in the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Summary of Public Comments on the Proposed Rule The NRC received three comment letters on the proposed rule. The comments included the State of Illinois and two from the applicant (Holtec International). Comments on the Holtec International HI-STORM 100 Cask System Minor changes were made to Appendix B to the CoC to correct several inconsistencies and a typographical error. The SER was not changed as a result of public comments. A review of the comments and the NRC staff's responses follow: *Comment:* One commenter suggested editorial changes to Appendix B of the CoC. These changes include a correction to Table 2.1-1 where the term “water displacement guide tube plugs” should be used rather than the incorrect term “water displacement rod guide tubes” and a typographical error in Table 2.1-3. *Response:* The NRC staff agreed with the comments. The suggested changes have been made to Appendix B. *Comment:* One commenter raised concerns with the provisions in the draft amended certificate that would allow licensees to store certain items of nonfuel hardware with the spent fuel in the cask. The commenter assumed that this nonfuel hardware was Greater-than-Class-C

(GTCC)waste and noted that the NRC, in a recent rulemaking, had prohibited commingling of GTCC waste and spent fuel in the same cask except on a case-by-case basis. The commenter's concerns were focused on

(1)the storage of GTCC waste commingled with the fuel,

(2)the possibility of adverse interactions between the chemical elements and compounds in the nonfuel hardware and the fuel as well as the material components of the cask, and

(3)the absence of documentation of NRC's analysis and criteria to accept storage of the nonfuel hardware. *Response:* The NRC disagrees with the comment. First, under 10 CFR 72.3, spent fuel is defined to include “the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.” The nonfuel hardware included burnable poison rod assemblies, thimble plug devices, control rod assemblies, axial power shaping rods, wet annular burnable absorbers, rod cluster control assemblies, control element assemblies, water displacement guide tube plugs, and orifice rod assemblies. These nonfuel hardware items permitted to be stored in the cask by this amendment are “other radioactive materials associated with fuel assemblies.” As explained in the GTCC waste rule, 1 the NRC believes that appropriate interim storage for these nonfuel components is with the associated spent fuel. However, with respect to GTCC waste that is not integral to spent fuel assemblies, the NRC concluded that this waste should not be stored in the same cask with spent fuel and that storing this waste would only be allowed on a case-by-case basis after a thorough analysis of possible adverse interactions between the materials in these components and the materials in the cask. 1 The NRC published a final rule amending 10 CFR part 72 which authorized the storage of GTCC waste under a Part 72 specific license on October 11, 2001; 66 FR 51823. Second, materials interaction between spent fuel and radioactive materials associated with fuel assemblies was considered in the definitions at 10 CFR 72.3 and in the recent rulemaking associated with Interim Storage for Greater Than Class C Waste at 66 FR 51823, and the comment provided no new information suggesting a need for reconsideration of this issue in this rulemaking. From basic corrosion principles, in order for galvanic corrosion/chemical reactions to occur between the spent fuel, the confinement boundary, and nonfuel hardware, an electrolyte is needed (water) and the components must be fairly far apart from one another on the galvanic series. The NRC staff approved the storage of the nonfuel hardware because the cask is dry, backfilled with an inert gas ( *i.e.,* no electrolyte is present), and the materials are not at the extreme end of the galvanic series from the spent fuel. Third, in documenting the NRC's review findings and conclusions, it is neither practical nor appropriate to specify each detail considered in the staff's determination of acceptability. Rather, the documentation focuses on the safety and risk significant factors of the cask's overall performance in areas such as structural integrity, confinement boundary integrity, fuel cladding integrity, radiation shielding, criticality safety, heat removal, and operations and maintenance during normal and accident conditions. Although materials interactions with the nonfuel hardware identified in the comment were considered for acceptability in dry cask storage systems, they do not present conditions that are significant enough to warrant documentation in the SER. Summary of Final Revisions Section 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1014 is revised by adding the effective date of the initial certificate and the effective date of Amendment Number 1. Good Cause To Dispense With Deferred Effective Date Requirement The NRC finds that good cause exists to waive the 30-day deferred effective date provisions of the Administrative Procedure Act (5 U.S.C. 553(d)). The primary purpose of the delayed effective date requirement is to give affected persons; *e.g.,* licensees, a reasonable time to prepare to comply with or take other action with respect to the rule. In this case, the rule does not require any action to be taken by licensees. The regulation allows, but does not require, use of the amended Holtec International HI-STORM 100 cask system for the storage of spent nuclear fuel. The amended Holtec International HI-STORM 100 cask system meets the requirements of 10 CFR part 72, is ready to be used, and, as approved by the NRC, will continue to provide adequate protection of public health and safety and the environment. 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. Voluntary Consensus Standards The National Technology Transfer Act of 1995 (Public Law 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 final rule, the NRC is amending the Holtec International HI-STAR 100 cask system within the list of NRC-approved cask systems for spent fuel storage in 10 CFR 72.214. 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 Commission's regulations in Subpart A of 10 CFR part 51, the NRC has determined that this rule is not a major Federal action significantly affecting the quality of the human environment and therefore an environmental impact statement is not required. This final rule amends the CoC for the Holtec International 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 modifies 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

(6)allow the storage of selected nonfuel hardware. The amendment also utilizes revised thermal analysis tools to include natural convection heat transfer, revises the helium backfill requirements to allow a helium density measurement to be used, allows a helium drying system rather than the existing vacuum drying system, and requires soluble boron during canister loading for certain higher enriched fuels. In addition, modifications have been 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 environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1F23, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available from Jayne M. McCausland, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone

(301)415-6219, e-mail *jmm2@nrc.gov.* Paperwork Reduction Act Statement This 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 Commission issued an amendment to 10 CFR part 72. The amendment provided for the storage of spent nuclear fuel in cask systems with designs approved by the NRC under a general license. Any nuclear power reactor licensee can use cask systems with designs approved by the NRC to store spent nuclear fuel if it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. In that rule, four spent fuel storage casks were approved for use at reactor sites and were listed in 10 CFR 72.214. That rule envisioned that storage casks certified in the future could be routinely added to the listing in 10 CFR 72.214 through the rulemaking process. Procedures and criteria for obtaining NRC approval of new spent fuel storage cask designs were provided in 10 CFR part 72, subpart L. On May 1, 2000 (65 FR 25241), the NRC issued an amendment to Part 72 that approved the Holtec International 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. Conducting site-specific reviews would ignore the procedures and criteria currently in place for the addition of new cask designs that can be used under a general license, and would be in conflict with NWPA direction to the Commission to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site reviews. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will eliminate the above problems and is consistent with previous Commission actions. Further, this final rule will have no adverse effect on public health and safety. This final rule has no significant identifiable impact on or benefit to other Government agencies. Based on the above discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the final rule are commensurate with the Commission'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 Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This 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 rule because this amendment does not involve any provisions that would impose backfits as defined in the backfit rule. 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 AND REACTOR-RELATED GREATER THAN CLASS C 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: July 15, 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 30th day of June, 2002. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 02-17648 Filed 7-12-02; 8:45 am]

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