Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-11-20.xml --- 67 224 Wednesday, November 20, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 70087 02-29470 Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Census Census Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 70044 02-29377 Submission for OMB review; comment request, 70044-70045 02-29378 Census 2000:

Qualifying urban areas; list; correction, 70045 02-29464 Urban an rural territory; classification criteria; correction, 70045-70046 02-29463 Centers Centers for Disease Control and Prevention NOTICES Meetings: Radiation and Worker Health Advisory Board, 70087-70088 02-29412 Organization, functions, and authority delegations: Management and Operations Office, 70088-70089 02-29414 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Copyright Copyright Office, Library of Congress NOTICES Copyright Arbitration Royalty Panel:

Digital performance right in sound and ephemeral recordings— Adjustment of rates and terms; scheduling proceedings; participation notice and comment request, 70093-70094 02-29511 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request; correction, 70060 02-29402 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Indiana, 70011-70012 02-29473 Montana, 70009-70011 02-29335 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bacillus cereus (strain BPO1), 70012-70017 02-29331 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 70032-70036 02-29477 Indiana, 70036 02-29474 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Minimal risk active and inert ingredients; tolerance exemptions, 70036-70042 02-29172 NOTICES Agency information collection activities:

Proposed collection; comment request, 70070 02-29476 Air pollution control: Citizens suits; proposed settlements— American Lung Association, et al., 70070-70071 02-29475 Meetings: Science Advisory Board, 70071-70072 02-29478 State FIFRA Issues Research and Evaluation Group, 70072-70073 02-29171 Pesticide, food, and feed additive petitions: Nichino America Inc., 70073-70079 02-29330 Reports and guidance documents; availability, etc.: Enforcement and Compliance History Online Web site; comment request, 70079-70080 02-29471 Toxic and hazardous substances control:

New chemicals— Receipt and status information, 70080-70085 02-29479 FAA Federal Aviation Administration RULES Airworthiness directives: Cameron Balloons Ltd., 69999-70001 02-29131 Cessna, 70003-70004 02-29119 General Electric Co., 70004-70006 02-29355 MD Helicopters, Inc., 70001-70003 02-29156 Piaggio Aero Industries S.p.A., 69994-69996 02-29133 Raytheon, 69996-69999 02-29132 NOTICES Advisory circulars; availability, etc.: Aging airplane safety; comment request, 70103-70104 02-29445 Airplanes and rotorcraft; methodology for dynamic seat certification by analysis; comment request, 70104 02-29446 Airplanes for flight in icing conditions; certification, 70104 02-29449 Agency information collection activities:

Proposed collection; comment request, 70104-70105 02-29458 Airport noise compatibility program: Noise exposure maps— San Antonio International Airport, TX, 70105-70106 02-29454 Exemption petitions; summary and disposition, 70106 02-29459 Meetings: RTCA, Inc., 70106-70107 02-29450 02-29451 02-29452 Passenger facility charges; applications, etc.: Gulfport International Airport, MS, 70108 02-29460 Southwest Georgia Regional Airport, GA, 70108-70109 02-29444 FCC Federal Communications Commission RULES Digital television stations; table of assignments:

California, 70017-70018 02-29381 FDIC Federal Deposit Insurance Corporation RULES Conflict of interest: Agency contractors; integrity and fitness; minimum standards, 69990-69994 02-29407 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act), natural gas companies (Natural Gas Act), and oil pipeline companies (Interstate Commerce Act): Financial instruments, comprehensive income, derivatives, and hedging activities; accounting and reporting requirements Correction, 70006-70007 02-29571 NOTICES Electric rate and corporate regulation filings:

Power Contract Finance, L.L.C., et al., 70067-70068 02-29416 Meetings; Sunshine Act, 70068-70070 02-29535 02-29536 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 70060 02-29422 Algonquin LNG, LP, 70060-70061 02-29423 Distrigas of Massachusetts LLC, 70061 02-29427 East Tennessee Natural Gas Co., 70061-70062 02-29424 Egan Hub Partners, L.P., 02-29415 70062-70063 02-29425 Enbridge Offshore Pipelines

(UTOS)LLC, 70063 02-29419 ISO New England Inc., 70063 02-29417 Kinder Morgen Interstate Gas Transmission, 70064 02-29431 Maritimes & Northeast Pipeline, L.L.C., 02-29426 70064-70065 02-29428 PG & E Gas Transmission, Northwest Corp., 70065 02-29430 Questar Pipeline Co., 70065 02-29418 Texas Eastern Transmission LP, 70066 02-29421 Transwestern Pipeline Co., 70066 02-29420 Vector Pipeline L.P., 70066-70067 02-29429 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 70085 02-29505 Ocean transportation intermediary licenses: Direct Shipping, Corp. et al., 70085 02-29507 World Connection Express, Inc., et al., 70085-70086 02-29506 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 70086 02-29493 Formations, acquisitions, and mergers, 70086 02-29382 Meetings; Sunshine Act, 70086 02-29560 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Florida, 70046 02-29497 Kentucky GE Engine Services Distribution LLC; gas turbine engines manufacturing and distribution facilities, 70046 02-29502 Louisiana, 70047-70048 02-29499 J. Ray McDermott, Inc.; offshore drilling platform manufacturing facilities, 70046-70047 02-29498 North Carolina General Electric Aircraft Engines; gas turbine engines manufacturing and distribution facilities, 70048 02-29501 Ohio General Electric Aircraft Engines; gas turbine engines manufacturing and distribution facilities, 70048-70049 02-29500 Texas Kiewit Offshore Services, Ltd.; offshore drilling platform manufacturing facility, 70049 02-29503 Forest Forest Service NOTICES Boundary establishment, descriptions, etc.: Stumpy Point Purchase Unit, Phillips and Lee Counties, AR; correction, 70118 C2-28757 Meetings: Intergovernmental Advisory Committee, 70043 02-29411 Resource Advisory Committees— Columbia County, 70043 02-29379 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 70086-70087 02-29395 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 70089 02-29398 Committees; establishment, renewal, termination, etc.: Manufactured Housing Consensus Committee, 70090 02-29397 Meetings: Manufactured Housing Consensus Committee, 70090 02-29396 Indian Indian Affairs Bureau NOTICES Environmental statements; availability, etc.: Navajo Nation Ten-Year Forest Management Plan, AZ and NM, 70090-70091 02-29404 Industry Industry and Security Bureau NOTICES U.S.-International Atomic Energy Agency Safeguards Agreement: U.S. Additional Protocol; implementation impact; comment request, 70049-70053 02-29513 Interior Interior Department See Indian Affairs Bureau See Minerals Management Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes: Outbound liquidations to foreign corporations; anti-abuse rule guidance, 70031-70032 02-29508 NOTICES Meetings: Taxpayer Advocacy Panels, 70112-70115 02-29383 02-29384 02-29393 02-29645 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— China, 70053-70055 02-29496 Petroleum wax candles from— China, 70055-70056 02-29495 Meetings: Environmental Technologies Trade Advisory Committee, 70056 02-29435 International International Trade Commission NOTICES Import investigations: Barium carbonate from— China, 70092-70093 02-29438 Urea ammonium nitrate solutions from— Various countries, 70093 02-29436 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency information collection activities: Proposed collection; comment request, 70109 02-29408 Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Central Gulf of Mexico— Oil and gas lease sales, 70091 02-29489 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council, 70094 02-29376 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 70023-70027 02-29509 Northeastern United States fisheries— Spiny dogfish, 70027-70028 02-29504 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 70018-70023 02-29510 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Indiana, 70043-70044 02-29462 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 69987-69990 02-29485 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 70029-70031 02-29486 NOTICES Meetings: Reactor Safeguards Advisory Committee, 70094-70095 02-29488 Patent Patent and Trademark Office NOTICES Agency information collection activities: Proposed collection; comment request, 70056-70060 02-29380 Personnel Personnel Management Office PROPOSED RULES OPM employee responsibilities and conduct, 70029 02-29439 Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Reclamation Reclamation Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 70091-70092 02-29410 Research Research and Special Programs Administration RULES Pipeline Safety: Hazardous liquid transportation— Hazardous liquid and carbon dioxide pipelines; corrosion control standards; correction, 70118 C1-31655 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 70096 02-29484 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 70096-70098 02-29483 New York Stock Exchange, Inc., 70098-70102 02-29403 SBA Small Business Administration NOTICES Disaster loan areas: Alaska, 70102-70103 02-29434 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Kentucky, 70007-70009 02-29305 Surface Surface Transportation Board NOTICES Environmental statements; availability, etc.: Norfolk Southern Corp. et al., 70109-70110 02-29329 TVA Tennessee Valley Authority NOTICES Agency information collection activities: Proposed collection; comment request, 70103 02-29413 Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* CCSB Financial Corp. et al., 70115-70116 02-29406 First Pennsylvania Savings Association, 70116 02-29405 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Research and Special Programs Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Grants and cooperative agreements; availability, etc.: Operation Safe Commerce Program, 70110-70112 02-29441 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Privacy Act: Computer matching programs, 02-29374 70116-70117 02-29375 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. 67 224 Wednesday, November 20, 2002 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AH05 List of Approved Spent Fuel Storage Casks: VSC-24 Revision AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations revising the Pacific Sierra Nuclear Associates VSC-24 system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 4 to Certificate of Compliance No. 1007. Amendment No. 4 will modify the present cask system design to permit the storage of different specific fuel control elements as integral components to fuel assemblies under a general license. Technical Specification

(TS)1.1.1 will be amended to change the flood condition velocity from 7.62 meters per second (m/s) [25 feet per second (ft/s)] to 5.39 m/s (17.7 ft/s); TS 1.2.1, 1.2.4, and 1.2.6 will be amended to address the additional fuel control elements approved for storage, and TS 1.2.10 will be deleted to eliminate redundant requirements for controlling moderator density. DATES: The final rule is effective February 3, 2002, unless significant adverse comments are received by December 20, 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/adams.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 Certificate of Compliance

(CoC)and preliminary Safety Evaluation Report

(SER)can be found under ADAMS Accession No. ML 022490171. 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, 301-415-4737or by e-mail to *pdr@nrc.gov.* CoC No. 1007, the revised Technical Specifications (TS), the underlying SER for Amendment No. 4, 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 April 7, 1993 (58 FR 17948), that approved the VSC-24 design and added it to the list of NRC-approved cask designs in § 72.214 as CoC No. 1007. Discussion On March 30, 2001, and as supplemented on July 26, 2001, and April 29, May 16, and August 8, 2002, BNFL Fuel Solutions Corporation submitted an application to the NRC to amend CoC No. 1007 to permit a part 72 licensee to store different specific fuel control elements as integral components to fuel assemblies. The certificate holder for the VSC-24 system is Pacific Sierra Nuclear Associates, which is a partnership between BNFL Fuel Solutions Corporation and Sierra Nuclear Corporation. Specifically, TS 1.1.1 will be amended to change the flood condition velocity from 7.62 meters per second (m/s) [25 feet per second (ft/s)] to 5.39 m/s (17.7 ft/s); TS 1.2.1, 1.2.4, and 1.2.6 will be amended to address the additional fuel control elements approved for storage; and TS 1.2.10 will be deleted to eliminate redundant requirements for controlling moderator density. The NRC staff revised TS 1.2.1 to limit the allowable fuel burnup to specifically 45 gwd/mtu, which clarified the previous ambiguous terminology. No other changes to the VSC-24 system design were requested in this application. The NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. In addition, the NRC staff has determined that there is still reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the VSC-24 design listing in § 72.214 by adding Amendment No. 4 to CoC No. 1007. The amendment consists of revisions to TS 1.1.1 to change the flood condition velocity from 7.62 meters per second (m/s) [25 feet per second (ft/s)] to 5.39 m/s (17.7 ft/s) and TS 1.2.1, 1.2.4, and 1.2.6 to address the additional fuel control elements approved for storage. In addition, TS 1.2.10 is deleted to eliminate redundant requirements for controlling moderator density. The particular TS which are changed are identified in the NRC Staff's SER for Amendment No. 4. The amended VSC-24 system, when used in accordance with the conditions specified in the CoC, the TS, and NRC regulations, will meet the requirements of part 72; thus, adequate protection of public health and safety will continue to be ensured. Discussion of Amendments by Section Section 72.214 List of Approved Spent Fuel Storage Casks Certificate No. 1007 is revised indicating the addition of Amendment No. 4 and its effective date. Procedural Background This rule is limited to the changes contained in Amendment 4 to CoC No. 1007 and does not include other aspects of the VSC-24 system design. The NRC is using the “direct final rule procedure” to issue this amendment because it represents a limited and routine change to an existing CoC that is expected to be noncontroversial. Adequate protection of public health and safety continues to be ensured. The amendment to the rule will become effective on February 3, 2003. However, if the NRC receives significant adverse comments by December 20, 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** . 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 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 December 20, 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 VSC-24 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 VSC-24 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 permit a Part 72 licensee to store different specific fuel control elements as integral components to fuel assemblies. TS 1.1.1 will be amended to change the flood condition velocity from 7.62 meters per second (m/s) [25 feet per second (ft/s)] to 5.39 m/s (17.7 ft/s); TS 1.2.1, 1.2.4, and 1.2.6 will be amended to address the additional fuel control elements approved for storage; and TS 1.2.10 will be deleted to eliminate redundant requirements for controlling moderator density. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, 11555 Rockville Pike, Rockville, MD. Single copies of the environmental assessment and finding of no significant impact are available from Jayne M. 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.* 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 The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. 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 April 7, 1993 (58 FR 17948), the NRC issued an amendment to Part 72 that approved the VSC-24 design by adding it to the list of NRC-approved cask designs in § 72.214. On March 30, 2001, and as supplemented on July 26, 2001, and April 29, May 16, and August 8, 2002, BNFL Fuel Solutions Corporation submitted an application to the NRC to amend CoC No. 1007 to permit a part 72 licensee to store different specific fuel control elements as integral components to fuel assemblies. TS 1.1.1 will be amended to change the flood condition velocity from 7.62 meters per second (m/s) [25 feet per second (ft/s)] to 5.39 m/s (17.7 ft/s); TS 1.2.1, 1.2.4, and 1.2.6 will be amended to address the additional fuel control elements approved for storage; and TS 1.2.10 will be deleted to eliminate redundant requirements for controlling moderator density. The alternative to this action is to withhold approval of this amended cask system design and issue an exemption to each general license. This alternative would cost both the NRC and the utilities more time and money because each utility would have to pursue an exemption. Approval of the direct final rule will eliminate 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 BNFL Fuel Solutions Corporation. 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, 2224, (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 1007 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. *Certificate Number:* 1007. *Initial Certificate Effective Date:* May 7, 1993. *Amendment Number 1 Effective Date:* May 30, 2000. *Amendment Number 2 Effective Date:* September 5, 2000. *Amendment Number 3 Effective Date:* May 21, 2001. *Amendment Number 4 Effective Date:* February 3, 2003. *SAR Submitted by:* Pacific Sierra Nuclear Associates. *SAR Title:* Final Safety Analysis Report for the Ventilated Storage Cask System. *Docket Number:* 72-1007. *Certificate Expiration Date:* May 7, 2013. *Model Number:* VSC-24. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 1st day of Nov., 2002. William D. Travers, Executive Director for Operations. [FR Doc. 02-29485 Filed 11-19-02; 8:45 am]

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