Unknown. Final rule; Technical and administrative amendments

5,150 words·~23 min read·/register/2003/06/03/03-13858

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-2003-06-03.xml --- 68 106 Tuesday, June 3, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 33181-33183 03-13903 03-13904 03-13905 Animal Animal and Plant Health Inspection Service PROPOSED RULES Exportation and importation of animals and animal products:

Cattle from Mexico; importation into U.S. prohibited due to tuberculosis, 33028-33030 03-13838 Antitrust Antitrust Division NOTICES National cooperative research notifications: Salutation Consortium, Inc., 33183 03-13763 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 33094-33095 03-13853 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 33149-33150 03-13786 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Family Support Demonstration Projects, 33150-33161 03-13871 Coast Guard Coast Guard RULES Ports and waterways safety: Columbia River, Vancouver, WA; safety zone, 32996 03-13847 Delaware River, Salem County, NJ; security zone, 32996-32998 03-13848 Siuslaw and Willamette Rivers, OR; safety zones, 32998-33000 03-13849 Commerce Commerce Department See Census Bureau See International Trade Administration Consumer Consumer Product Safety Commission NOTICES Settlement agreements: TGH International Trading, Inc., 33105-33108 03-13747 Court Court Services and Offender Supervision Agency for the District of Columbia RULES Freedom of Information Act, Privacy Act, et al.; implementation, 32985-32996 03-13764 Defense Defense Department See Navy Department RULES Acquisition regulations:

Transportation of supplies by sea; commercial items, 33026-33027 03-13535 Federal Acquisition Regulation (FAR): Cost-reimbursement contracts for services; prompt payment Correction, 33231 C3-12303 PROPOSED RULES Acquisition regulations: Follow-on production contracts for products developed pursuant to prototype projects, 33057-33058 03-13536 Federal Acquisition Regulation (FAR): Deferred compensation and postretirement benefits other than pensions, 33325-33327 03-13859 Unsolicited proposals, 33329-33330 03-13860 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Innovation and improvement— Parental Information and Resource Centers Program, 33331-33333 03-13837 Safe and drug-free schools— Life Skills for State and Local Prisoners Program, 33108-33111 03-13836 Vocational and adult education— Community Technology Centers Program, 33317-33323 03-13834 03-13835 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; class exemptions: Acquisition and sale of REIT shares by individual account plans sponsored by trust REITS, 33185-33194 03-13899 Employment Employment and Training Administration NOTICES Adjustment assistance:

Apone's T-Shirt Cache, 33198 03-13808 Bike Athletic Co., 33198-33199 03-13821 Black & Decker, North American Power Tools, 33199 03-13819 Fisher-Rosemount Systems, Inc., 33199 03-13817 H&L Tool Co., 33199-33200 03-13822 Harriet & Henderson Yarns, Inc., 33200 03-13807 Hess-Armaclad, Inc., 33200 03-13810 Honeywell Airframe Systems, 33200 03-13806 Jabil Circuit, Inc., 33200 03-13820 Keykert USA Inc., 33201 03-13805 McKittrick & Assoc., Inc., et al., 33201-33202 03-13803 MeadWestvaco, 33202 03-13818 Oregon Screw Machine Products, Inc., 33202 03-13804 P.C.

Cutting & Apparel, 33202-33203 03-13809 Sterling Diagnostics Imaging, Inc., 33203 03-13815 Viceroy Gold Corp. et al., 33203 03-13816 Adjustment assistance and NAFTA transitional adjustment assistance: Georgia-Pacific Corp. et al., 33194-33196 03-13812 Radisys Corp. et al., 33196-33198 03-13811 Committees; establishment, renewal, termination, etc.: Native American Employment and Training Council, 33203-33204 03-13802 NAFTA transitional adjustment assistance: Jabil Circuit, Inc., 33204 03-13813 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Western Area Power Administration RULES Active uranium and thorium processing sites; reimbursement for costs of remedial action; technical and administrative amendments, 32955-32958 03-13858 NOTICES Environmental statements; notice of intent:

Western Greenbrier Co-Production Demonstration Project, WV; facility for co-production of electricity, steam, and structural brick, 33111-33113 03-13857 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33113-33114 03-13854 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: California, 33005-33020 03-13705 03-13714 Georgia, 33014-33018 03-13713 Maryland, 33000-33002 03-13700 Pennsylvania, 33012-33014 03-13711 Tennessee, 33008-33010 03-13707 West Virginia, 33002-33012 03-13702 03-13709 PROPOSED RULES Air programs:

Stratospheric ozone protection— Ozone-depleting substance; substitutes list, 33283-33316 03-13254 Air quality implementation plans; approval and promulgation; various States: California, 33042 03-13706 Maryland, 33041 03-13701 Pennsylvania, 33043 03-13712 Tennessee, 33042 03-13708 West Virginia, 33041-33043 03-13703 03-13710 NOTICES Meetings: Hazardous waste management in research and/or academic laboratories; stakeholders, 33121-33123 03-13886 Science Advisory Board, 33123-33124 03-13885 Superfund; response and remedial actions, proposed settlements, etc.:

Great Lakes Container Corp. Site, MO, 33124-33125 03-13565 Superfund program: Prospective purchaser agreements— Des Moines TCE Site, IA, 33124 03-13566 Toxic and hazardous substances control: 1,2-ethylene dichloride testing; enforceable consent agreement, 33125-33129 03-13721 Chemical substances release and detection in environmental media; substantial risk reporting; policy clarification and guidance, 33129-33140 03-13888 Water pollution control: Great Lakes System; water quality guidance— Bioaccumulative chemicals of concern;

Pennsylvania mixing zones prohibition; submissions approval, 33141-33142 03-13887 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 33090-33091 03-13768 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 32968-32971 03-13649 Eurocopter France, 32967-32968 03-13654 Class E airspace; correction, 33231 C3-13040 C3-13046 PROPOSED RULES Airworthiness directives:

New Piper Aircraft, Inc., 33030-33032 03-13792 NOTICES Meetings: Aviation Rulemaking Advisory Committee, 33220-33221 03-13901 FCC Federal Communications Commission RULES Radio services, special: Amateur service— 5250-5400 kHz band, secondary access; 2400-2402 MHz band, upgrade to primary status, 33020-33026 03-13781 PROPOSED RULES Frequency allocations and radio treaty matters: 76-81 GHz frequency and frequency bands above 95 GHz reallocation; domestic and international consistency realignment, 33043-33057 03-13780 NOTICES Common carrier services:

Telecommunications relay services— State certification and renewal applications, 33142-33143 03-13514 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Ohio Power Co. et al., 33114-33115 03-13740 Environmental statements; availability, etc.: Orion Power New York GP II, Inc., 33115 03-13741 Environmental statements; notice of intent: Eastern Shore Natural Gas Co., 33115-33117 03-13738 Hydroelectric applications, 33117-33118 03-13742 Reports and guidance documents; availability, etc.:

Electric Quarterly Reports; public utility filing requirements and software demonstrations, 33118-33119 03-13739 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Montgomery and Prince George's Counties, MD, 33221 03-13794 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 33143 03-13890 Formations, acquisitions, and mergers, 33143-33144 03-13889 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Braun's rock-cress, 33058-33089 03-13509 Cumberland elktoe, etc.; mussels in Tennessee and Cumberland River Basins, 33233-33282 03-12944 NOTICES Endangered and threatened species and marine mammal permit applications, 33179-33180 03-13775 Environmental statements; availability, etc.: Incidental take permits— Denver (City and County), CO; Preble's meadow jumping mouse, 33180 03-13783 Food Food and Drug Administration RULES Human drugs: Opthalmic products (OTC); final monograph; technical amendment, 32981-32983 03-13827 Total parenteral nutrition; aluminum in large and small volume parenterals; labeling requirements; effective date delay, 32979-32981 03-13752 Medical devices:

General and plastic surgery devices— Surgical suture devices; special control designation, 32983-32985 03-13825 NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-13754 33161-33162 03-13755 Meetings: Arthritis Advisory Committee, 33162 03-13757 Drug manufacturing inspections; public workshops, 33162-33163 03-13756 Harmonisation International Conference— Brussels, Belgium, and Osaka, Japan; preparation for international meetings and conference, 33163-33164 03-13830 Reports and guidance documents; availability, etc.:

Drug products containing ensulizole, hypromellose, meradimate, octinoxate, and octisalate; labeling enforcement policy, 33164-33165 03-13828 Medical devices— Surgical sutures; Class II special controls, 33165-33166 03-13826 Pediatric Expertise for Advisory Panels, 33166 03-13753 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 33091-33092 03-13784 Environmental statements; notice of intent: Colville National Forest, WA, 33092-33093 03-13787 Meetings:

National Urban and Community Forestry Advisory Council, 33093 03-13785 Resource Advisory Committees— Flathead County, 33093 03-13795 Southwest Idaho, 33093 03-13962 Willamette Provincial Advisory Committee, 33093-33094 03-13788 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Cost-reimbursement contracts for services; prompt payment Correction, 33231 C3-12303 PROPOSED RULES Federal Acquisition Regulation (FAR): Deferred compensation and postretirement benefits other than pensions, 33325-33327 03-13859 Unsolicited proposals, 33329-33330 03-13860 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33144 03-13861 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Medical Reserve Corps demonstration project programs, 33144-33149 03-13799 Meetings: Physical Fitness and Sports, President's Council, 33149 03-13798 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Comprehensive Geriatrics Education Program; correction, 33167 03-13831 Medicare Rural Hospital Flexibility Program, 33167-33168 03-13758 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 33176-33178 03-13745 03-13746 Environmental statements; notice of intent:

Yonkers, NY; affordable housing project, 33178-33179 03-13743 Organization, functions, and authority delegations: Assistant Chief Financial Officer for Budget, 33179 03-13744 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 33226 03-13900 International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 33095-33098 03-13878 Freshwater crawfish tail meat from— China, 33098-33099 03-13879 Honey from— China, 33099-33103 03-13881 Iron construction castings from— China, 33103-33104 03-13880 Steel concrete reinforcing bars from— Korea, 33105 03-13877 International International Trade Commission RULES Practice and procedure:

General application rules, safeguard investigations, and antidumping and countervailing duty investigations and reviews; technical corrections, etc., 32971-32979 03-13688 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33183-33184 03-13801 Committees; establishment, renewal, termination, etc.:

Labor Research Advisory Council, 33184-33185 03-13800 Land Land Management Bureau NOTICES Public land orders: Arizona, 33180-33181 03-13773 03-13774 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Canyon Fuel Co., LLC, et al., 33204-33205 03-13760 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Cost-reimbursement contracts for services; prompt payment Correction, 33231 C3-12303 PROPOSED RULES Federal Acquisition Regulation (FAR):

Deferred compensation and postretirement benefits other than pensions, 33325-33327 03-13859 Unsolicited proposals, 33329-33330 03-13860 NOTICES Inventions, Government-owned; availability for licensing, 33205-33207 03-13906 03-13907 03-13908 03-13909 03-13910 03-13911 03-13912 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33207 03-13796 National Credit National Credit Union Administration RULES Credit unions:

Investment and deposit activities and Regulatory Flexibility Program, 32958-32967 03-13660 National Highway National Highway Traffic Safety Administration NOTICES Grants and cooperative agreements; availability, etc.: Child passenger protection education programs, 33221-33225 03-13902 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 33168-33169 03-13840 Meetings: National Center on Minority Health and Health Disparities, 33169-33170 03-13843 03-13844 National Heart, Lung, and Blood Institute, 33170 03-13846 National Institute of Allergy and Infectious Diseases, 33171 03-13842 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 33171 03-13845 National Institute of Child Health and Human Development, 33170 03-13841 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 33108 03-13790 Meetings:

Ocean Research Advisory Panel, 33108 03-13961 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent: Nuclear power plant operating license renewal; review process, 33209-33211 03-13868 Meetings; Sunshine Act, 33211-33212 03-13981 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 33212 03-13869 *Applications, hearings, determinations, etc.:* AmerGen Energy Co., LLC, 33207-33208 03-13867 Pacific Gas & Electric Co., 33208-33209 03-13866 Overseas Overseas Private Investment Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-13862 33212-33213 03-13863 Presidential Presidential Documents EXECUTIVE ORDERS Bob Hope American Patriot Award; establishment (EO 13306), 33335-33337 03-14116 European Central Bank; designation under the International Organizations Immunities Act (EO 13307), 33338 03-14117 Presidio Presidio Trust NOTICES Meetings:

Board of Directors, 33213 03-13972 Public Public Health Service NOTICES Reports and guidance documents; availability, etc.: National Toxicology Program— Potential endocrine disruptors detection; In Vitro test methods; alternative methods validation, 33171-33172 03-13839 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Order applications— Diamond Hill Funds et al., 33213-33216 03-13769 Regulatory responsibility allocation program: National Association of Securities Dealers, Inc., et al.; correction, 33231 C3-12730 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 33216-33217 03-13770 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33217-33218 03-13872 03-13875 03-13876 Disaster loan areas: Alabama, 33218 03-13776 Georgia, 33218-33219 03-13778 Illinois, 33219 03-13767 Mississippi, 33219 03-13766 Oklahoma, 33219 03-13779 Tennessee, 33219-33220 03-13777 Meetings: Regulatory Fairness Boards— Region V; hearing, 33220 03-13873 Region VII; hearing, 33220 03-13874 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 33172-33173 03-13789 Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 33173-33175 03-13791 Grants and cooperative agreements; availability, etc.:

Mental Health Services Center— Comprehensive Community Mental Health Services Program for Children and Their Families, 33175 03-13759 Reports and guidance documents; availability, etc.: Appeals policy; replacement with applicant inquiry process for grants and cooperative agreements, 33176 03-13832 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Colorado, 33032-33035 03-13851 North Dakota, 33035-33037 03-13852 Pennsylvania, 33037-33039 03-13850 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Dallas Area Rapid Transit, 33225 03-13865 Regional Rail Right of Way Co., 33225-33226 03-13864 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department PROPOSED RULES Board of Veterans Appeals: Appeals regulations and rules of practice— Representative services withdrawal; notice procedures, 33040-33041 03-13797 NOTICES Agency information collection activities; proposals, submissions, and approvals, 33226-22230 03-13891 03-13892 03-13893 03-13894 03-13895 03-13896 03-13897 03-13898 Western Western Area Power Administration NOTICES Power rate adjustments:

Loveland Area Projects, 33119-33120 03-13856 Pick-Sloan Missouri Basin Program, Eastern Division, 33120-33121 03-13855 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 33233-33282 03-12944 Part III Environmental Protection Agency, 33283-33316 03-13254 Part IV Education Department, 33317-33323 03-13834 03-13835 Part V Defense Department; General Services Administration; National Aeronautics and Space Administration, 33325-33327 03-13859 Part VI Defense Department;

General Services Administration; National Aeronautics and Space Administration, 33329-33330 03-13860 Part VII Education Department, 33331-33333 03-13837 Part VIII Executive Office of the President, Presidential Documents, 33335-33338 03-14116 03-14117 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. 68 106 Tuesday, June 3, 2003 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 765 RIN 1901-AA88 Reimbursement for Costs of Remedial Action at Active Uranium and Thorium Processing Sites AGENCY:

Office of Environmental Management, Department of Energy. ACTION: Final rule; Technical and administrative amendments. SUMMARY: The Department of Energy

(DOE)adopts several technical and administrative amendments to its procedural regulations governing the reimbursement of remedial action costs at active uranium and thorium processing sites. Since it was enacted in 1992, the original legislation authorizing the program has been amended four times to increase the amounts authorized for reimbursement and to make technical changes. Today's regulatory amendments reflect the legislative amendments and make other technical corrections that have been identified since the original rule was issued. None of the amendments raise substantive issues or represent changes in policy. DATES: This rule will be effective July 3, 2003. FOR FURTHER INFORMATION CONTACT: David E. Mathes, Office of Environmental Management, EM-30, U.S. Department of Energy, Germantown, Maryland 20874-1290. Telephone:

(301)903-7222. Internet: *david.mathes@em.doe.gov.* SUPPLEMENTARY INFORMATION: I. Discussion The Secretary of Energy has approved today's technical and administrative regulatory amendments in order to conform 10 CFR part 765 to legislative amendments to Title X of the Energy Policy Act of 1992 (sections 1001-1004 of Pub. L. 102-486) and the need to make other corrections to the original rule published on May 23, 1994 (59 FR 26714). Congress has amended the original legislation four times since it was enacted on October 24, 1992. In 1996, Public Law 104-259 amended Title X to increase the authorized reimbursement amounts for uranium and thorium licensees from $270 million and $40 million to $350 million and $65 million, respectively, for an aggregate authorized reimbursement amount of $415 million; and to increase the maximum amount that may be reimbursed to uranium licensees per dry short ton of Federal-related byproduct material from $5.50 to $6.25. In 1998, Public Law 105-388 further amended Title X to increase the authorized reimbursement amount for the thorium licensee from $65 million to $140 million, for an aggregate authorized reimbursement amount to uranium and thorium licensees of $490 million. In 2000, Public Law 106-317 amended Title X to change the date for determining the availability of excess funds for reimbursement to uranium licensees from July 31, 2005, to December 31, 2008; to change the date after which work must be completed in accordance with an approved plan for subsequent remedial action to be eligible for reimbursement from December 31, 2002, to December 31, 2007; and to eliminate the requirement for the Department to place certain reimbursement funds in escrow. In 2002, Public Law 107-222 amended Title X to increase the authorized reimbursement amount for the thorium licensee from $140 million to $365 million, for an aggregate authorized reimbursement amount to uranium and thorium licensees of $715 million. Part 765 is amended in several places to reflect these statutory provisions. Other technical corrections to the original rule are discussed in the following paragraphs. Section 765.21(e) is revised to provide a licensee with an additional opportunity to provide reasonable documentation, as specified in § 765.20, for claims or portions of claims that DOE has denied during the claim year. The revised rule now gives a licensee 45 days after DOE issues a written decision to deny the claim, in which to provide the documentation for DOE reconsideration of the claim. If a licensee chooses not to submit the documentation, the licensee still has the right to file a formal appeal to the DOE's claim denial in accordance with § 765.22. If a licensee chooses to submit the documentation, DOE will consider whether the documentation results in the DOE's reversal of its initial decision to deny the claim and will inform the licensee of the DOE's subsequent decision. A licensee may also appeal that decision in accordance with § 765.22. By providing this additional opportunity to a licensee, DOE believes that both DOE and the licensee may save time and money by minimizing the number of appeals. Section 765.23 is amended to indicate the new address for obtaining copies of the DOE status report on the reimbursement program. Section 765.30(b) presents the procedure for submitting a plan for subsequent remedial action. The original rule indicated that licensees may submit this plan any time after January 1, 2000, but no later than December 31, 2001. Because Congress changed the date after which work must be completed in accordance with an approved plan for subsequent remedial action to be eligible for reimbursement from December 31, 2002, to December 31, 2007, this final rule correspondingly changes the dates for submitting a plan to DOE to any time after January 1, 2005, but no later than December 31, 2006. Section 765.30(d) outlines the process for resubmitting a revised plan for subsequent remedial action if the original plan is rejected by DOE. The original rule indicated that a licensee may continue to submit revised plans for subsequent remedial action until DOE approves a plan, or September 30, 2002, whichever occurs first. This final rule changes the September 30, 2002, deadline to September 30, 2007, to correspond with the new statutory deadline for making reimbursements in accordance with a subsequent plan for remedial action. Section 765.30(e) presents the procedures for determining the maximum amounts for which licensees may be eligible for reimbursement for work performed as described in their plans for subsequent remedial action submitted to and approved by DOE. The original rule indicated that a licensee is eligible for the lesser of two amounts:

(1)The total cost of remedial action multiplied by the Federal reimbursement ratio; or

(2)$5.50, as adjusted for inflation, multiplied by the number of Federal-related dry short tons of byproduct material. As drafted, the original rule could have been construed to apply the per dry short ton limit to both uranium and thorium licensees. Since Title X (42 U.S.C. § 2296a(b)(2)(A)) limits the applicability of the per dry short ton limit to uranium licensees, this final rule amends § 765.30(e)(2) to clarify that the per dry short ton limit only applies to uranium licensees. In accordance with § 765.30(b), because licensees' plans for subsequent remedial action are now due no later than December 31, 2006, this final rule amends § 765.30(e)(2) to clarify that the potential additional reimbursement for which a licensee may be entitled will be adjusted after the approval of claims for work performed through December 31, 2007, to account for the actual approved costs of work performed through 2007. As originally prescribed, § 765.31(a) outlined the procedures for designating specific amounts on deposit in the Uranium Enrichment Decontamination and Decommissioning Fund established at the United States Department of the Treasury for reimbursement of costs incurred in accordance with an approved plan for subsequent remedial action. The purpose of this paragraph was to implement the original requirement of § 1001(b)(1)(B)(ii) of Pub. L. 102-486 that funds be placed in escrow not later than December 31, 2002, in accordance with an approved plan for subsequent remedial action. Because Pub. L. 106-317 amended the original legislation by striking the requirement to place funds in escrow, this final rule removes this paragraph and renumbers the subsequent paragraphs in this section. II. Procedural Requirements A. Review Under Executive Order 12866 Today's regulatory action has been determined not to be “a significant regulatory action” under Executive Order 12866, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Accordingly, this action was not subject to review under that Executive Order by the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB). B. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” (61 FR 4729, February 7, 1996) imposes on Executive agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. With regard to the review required by section 3(a), section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this final rule meets the relevant standards of Executive Order 12988. C. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. There is no legal requirement to propose today's rule for public comment, and therefore, the Regulatory Flexibility Act does not apply to this rulemaking proceeding. D. Review Under the Paperwork Reduction Act No new collection of information or recordkeeping requirements is imposed by this final rule. Accordingly, no clearance by OMB is required under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). E. Review Under Executive Order 13132 Executive Order 13132 (64 FR 43255, August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt State law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and carefully assess the necessity for such actions. DOE has examined today's rule and has determined that it does not preempt State law and does not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. No further action is required by Executive Order 13132. F. Review Under the National Environmental Policy Act Pursuant to the Council on Environmental Quality Regulations (40 CFR parts 1500—1508), DOE has established guidelines for compliance with the provisions of the National Environmental Policy Act

(NEPA)of 1969 (42 U.S.C. 4321 *et seq.* ). This rule makes technical corrections to procedures for the reimbursement of eligible remedial action costs incurred by licensees at active uranium and thorium processing sites. Implementation of this rule will not affect the legally required cleanup of the sites or result in any other environmental impacts. The Department has therefore determined that this rule is covered under the Categorical Exclusion found at paragraph A6 of Appendix A to subpart D, 10 CFR part 1021, which applies to the establishment of procedural rulemakings such as procedures for the review and approval of applications for grants and cooperative agreements. Accordingly, neither an environmental assessment nor an environmental impact statement is required. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to assess the effects of Federal regulations on States, local, and tribal governments and the private sector. DOE has determined that today's regulatory action does not impose a Federal mandate on State, local, or tribal governments or on the private sector. H. Congressional Notification As required by 5 U.S.C. 801, DOE will report to Congress promulgation of the rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(3). List of Subjects in 10 CFR Part 765 Radioactive materials, Reclamation, Reporting and record keeping requirements, Uranium. Issued in Washington, DC, on May 23, 2003. Jessie Hill Roberson, Assistant Secretary for Environmental Management. For the reasons set forth in the preamble, part 765 of chapter III of title 10 of the Code of Federal Regulations is amended as set forth below. PART 765—REIMBURSEMENT FOR COSTS OF REMEDIAL ACTION AT ACTIVE URANIUM AND THORIUM PROCESSING SITES 1. The authority citation for part 765 is revised to read as follows: Authority: 42 U.S.C. 2296a *et seq.* 2. In the table below, for each section indicated in the left column remove the language indicated in the middle column and add in its place the language indicated in the right column. Section Remove Add 765.2(c) “December 31, 2002” “December 31, 2007” 765.2(e) “$5.50” “$6.25” 765.2(f) “$270 million” “$350 million” 765.2(g) “$40 million” “$365 million” 765.2(i) “$310 million” “$715 million” 765.11(b) “December 31, 2002” “December 31, 2007” 765.11(c)(1) “$5.50” “$6.25” 765.11(c)(2) “$270 million” “$350 million” 765.11(c)(3) “$40 million” “$365 million” 765.12(a) a. “$5.50” b. “$270 million” c. “$40 million” d. “$310 million” a. “$6.25” b. “$350 million” c. “$365 million” d. “$715 million” 765.12(c) “$5.50” “$6.25” 765.23 “Uranium Mill Tailings Remedial Action Project Office, 2155 Louisiana NE., Suite 10000, Albuquerque, NM 87110” “National Nuclear Security Administration Service Center, Office of Technical Services, Environmental Programs Department, P.O. Box 5400, Albuquerque, NM 87185-5400” 765.30(b) a. “December 31, 2002” b. “January 1, 2000” c. “December 31, 2001” a. “December 31, 2007” b. “January 1, 2005” c. “December 31, 2006” 765.30(b)(2) “December 31, 2002” “December 31, 2007” 765.30(d) a. “September 30, 2002” b. “December 31, 2002” a. “September 30, 2007” b. “December 31, 2007” 765.32(a) “July 31, 2005” “December 31, 2008” 765.32(c) “$5.50” “$6.25” 3. In §765.3, the definitions are amended by revising the introductory text and paragraph

(2)of *Maximum reimbursement amount* or *maximum reimbursement ceiling* and *Plan for subsequent remedial action* to read as follows: § 765.3 Definitions. *Maximum reimbursement amount or maximum reimbursement ceiling* means the smaller of the following two quantities:

(2)$6.25, as adjusted for inflation, multiplied by the number of Federal-related dry short tons of byproduct material. *Plan for subsequent remedial action* means a plan approved by the Department which includes an estimated total cost and schedule for remedial action, and all applicable requirements of remedial action established by NRC or an Agreement State to be performed after December 31, 2007, at an active uranium or thorium processing site. 4. In §765.21, paragraph

(e)is revised to read as follows: § 765.21 Procedures for processing reimbursement claims.

(e)A written decision regarding the Department's determination to approve, approve in part, or deny a claim will be provided to the licensee within 10 days of completion of the claim review. Within 45 days after the Department's issuance of a written decision to deny the claim due to inadequate documentation, the licensee may request the Department to reconsider its decision if the licensee provides reasonable documentation in accordance with § 765.20. If a licensee chooses not to submit the documentation, the licensee has the right to file a formal appeal to a claim denial in accordance with § 765.22. If a licensee chooses to submit the documentation, the Department will consider whether the documentation results in the Department's reversal of the initial decision to deny the claim and will inform the licensee of the Department's subsequent decision. The licensee may appeal that decision in accordance with § 765.22. 5. In § 765.30, paragraph (e)(2) is revised to read as follows: § 765.30 Reimbursement of costs incurred in accordance with a plan for subsequent remedial action.

(e)* * *

(1)* * *

(2)For the uranium site licensees only, $6.25, as adjusted for inflation, multiplied by the number of Federal-related dry short tons of byproduct material. For all licensees, the Department shall subtract from the maximum reimbursement amount any reimbursement already approved to be paid to the licensee. The resulting sum shall be the potential additional reimbursement to which the licensee may be entitled. This resulting sum will be adjusted after the approval of claims for work performed through December 31, 2007, to reflect the actual approved costs of work performed through that date. § 765.31 [Amended] 6. Section 765.31 is amended by removing paragraph

(a)and redesignating paragraphs

(b)through

(d)as paragraphs

(a)through (c). [FR Doc. 03-13858 Filed 6-2-03; 8:45 am]

Connectionstraces to 9

Traces to 9 documents

U.S. Code