Unknown. Direct final rule

5,231 words·~24 min read·/register/2005/02/28/05-3738

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-02-28.xml --- 70 38 Monday, February 28, 2005 Contents AID Agency for International Development NOTICES Organization, functions, and authority delegations: Assistant Inspector General, 9608 05-3773 Agriculture Agriculture Department See Foreign Agricultural Service See Forest Service See Natural Resources Conservation Service See Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9608-9609 05-3753 Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations:

Trinity Lakes, Trinity County, CA, 9528-9532 05-3714 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9698-9701 05-3713 Arctic Arctic Research Commission NOTICES Meetings, 9611 05-3791 Army Army Department NOTICES Meetings: Science Board, 9619 05-3790 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 9611-9612 05-3895 Coast Guard Coast Guard RULES Drawbridge operations: New York, 9532-9533 05-3762 Texas, 9532 05-3761 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See Patent and Trademark Office Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9616-9619 05-3716 05-3826 05-3827 Defense Defense Department See Army Department Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 9619-9621 05-3768 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Boehringer Ingelheim Chemical Inc., 9677 05-3798 Green Acres Farms, Inc., 9677 05-3799 JFC Technologies, LLC, 9677-9678 05-3800 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-790 9621-9622 05-3715 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Native Hawaiian Education Program, 9622-9626 E5-798 Postsecondary education— Ensure students with disabilities receive a quality higher education demonstration projects, 9626-9629 E5-799 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Consumer products; energy conservation program: Samsung Air Conditioning; waiver from residential and commercial package air conditioners and heat pump test procedures, 9629-9635 05-3782 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Indiana, 9533-9536 05-3677 PROPOSED RULES Air pollution; standards of performance for new stationary sources: Industrial-commercial-institutional steam generating units, 9705-9735 05-2996 Air quality implementation plans; approval and promulgation; various States: Indiana, 9573-9575 05-3676 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9639-9642 05-3793 05-3797 Committees; establishment, renewal, termination, etc.: Science Advisory Board, 9642-9643 05-3792 Meetings:

Gulf of Mexico Program Citizens Advisory Committee, 9643 05-3796 Mobile Sources Technical Review Subcomittee, 9643-9644 05-3795 Pesticide registration, cancellation, etc.: Azinphos-methyl, 9644-9647 05-3733 Reports and guidance documents; availability, etc.: U.S. Greenhouse Gas Emissions and Sinks Inventory (1990-2003), 9647 05-3794 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 9511-9515 05-3558 PROPOSED RULES Airworthiness directives:

Airbus, 9555-9558 05-3783 Air Tractor, Inc.; correction, 9703 C5-2507 Airworthiness standards: Cockpit voice recorder and digital flight data recorder regulations; revision, 9751-9775 05-3726 NOTICES Advisory circulars; availability, etc.: Part 23 Supplemental Type Certificate projects; airworthiness compliance checklists, 9695-9696 05-3766 Airport noise compatibility program: Noise exposure maps— Southwest Florida International Airport, FL, 9696-9697 05-3765 Passenger facility charges; applications, etc.:

Mahlon Sweet Field-Eugene Airport, Oregon, 9697 05-3764 Technical standard orders: Battery-based emergency power unit, 9698 05-3763 FCC Federal Communications Commission PROPOSED RULES Practice and procedure: Regulatory fees (2005 FY); assessment and collection, 9575-9606 05-3822 NOTICES Debarment notices; schools and libraries universal service support mechanism: Bokhari, Qasim, 9647-9649 05-3801 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 9649 05-3770 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Various States, 05-3774 9536-9543 05-3776 05-3778 NOTICES Disaster and emergency areas: Indiana, 9663 05-3777 Ohio, 9663-9664 05-3779 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 9635-9639 E5-788 E5-789 *Applications, hearings, determinations, etc.:* San Diego Gas & Electric Co. et al., 9635 E5-787 Federal Housing Federal Housing Finance Board RULES Minority contractors outreach program; inclusion of individuals with disabilities, etc., 9507-9511 05-3718 PROPOSED RULES Federal home loan bank system:

Data Reporting Manual, 9551-9555 05-3717 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 9649-9650 05-3756 Banks and bank holding companies: Change in bank control, 9650 05-3730 Formations, acquisitions, and mergers, 9650 05-3731 Meetings: Consumer Advisory Council, 9650-9651 05-3732 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 9651-9652 05-3780 Reports and guidance documents; availability, etc.:

Credit scores and credit-based insurance scores; effects on financial products availability and affordability; data, studies, or other evidence, 9652-9655 05-3781 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Incidental take permits— El Paso County, CO; Preble's meadow jumping mouse; correction, 9676 05-3749 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Ceftiofur hydrochloride, 9515-9516 05-3834 Medical devices:

Medical device reporting, 9516-9528 05-3829 PROPOSED RULES Medical devices: Medical device reporting, 9558-9570 05-3833 NOTICES Grants and cooperative agreements; availability, etc.: State Health Fraud Task Force Program; correction, 9656-9657 05-3710 Meetings: Medical Devices Advisory Committee, 9657-9658 05-3741 05-3742 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: Olive Growers Council of California, 9609 05-3754 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Applications, determinations, hearings, etc.: Pennsylvania, 9612 05-3806 *Applications, hearings, determinations, etc.:* Arkansas L’Oreal USA, Inc.; cosmetic and beauty products manufacturing and warehousing facilities, 9612 05-3807 Georgia Tumi, Inc.; luggage warehousing and distribution facility, 9612-9613 05-3808 Illinois, 9613 05-3810 North Carolina, 9613 05-3809 Ohio, 9613-9614 05-3812 R.W. Beckett; oil burner units manufacturing facility, 9614 05-3813 Pennsylvania, 9614 05-3805 Puerto Rico Shell Chemicals Yabucoa, Inc.; petrochemical complex, 9614-9615 05-3803 05-3804 South Carolina Black & Decker Corp; tool, fastener, and home product warehousing/distribution facility, 9615-9616 05-3811 Forest Forest Service NOTICES Environmental statements; notice of intent:

Lassen National Forest, CA, 9609-9610 05-3746 Meetings: Opal Creek Scenic Recreation Area Advisory Council, 9610 05-3747 Resource Advisory Committees— Flathead County, 9610 05-3750 Mendocino, 9610-9611 05-3767 Shasta-Trinity National Forest National Recreation Area, 9611 05-3745 GSA General Services Administration NOTICES Federal travel: eTravel service; vendor award requirement; compliance, 9655-9656 05-3722 Health Health and Human Services Department 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 Agency information collection activities; proposals, submissions, and approvals, 9656 05-3711 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9658-9659 05-3712 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See National Communications System See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-794 9673-9675 E5-795 E5-796 E5-797 Public and Indian housing: Housing assistance payments (Section 8)— Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program (2005 FY); fair market rents, 9777-9838 05-3814 Reports and guidance documents; availability, etc.: International Building Code, 2003 edition; fair housing accessibility requirements; department review, 9737-9749 05-3640 Industry Industry and Security Bureau RULES Export administration regulations:

License exception TMP revision; basic communications equipment export to Sudan for use by organizations to relieve human suffering Correction, 9703 C5-3215 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau NOTICES Meetings: Exxon Valdez Oil Spill Trustee Committee, 9675-9676 05-3724 Indian trust asset management; tribal consultation, 9676 05-3721 IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9701 05-3695 Committees; establishment, renewal, termination, etc.:

Electronic Tax Administration Advisory Committee, 9701-9702 05-3824 Meetings: Taxpayer Advocacy Panels, 9702 05-3823 International International Trade Administration NOTICES Antidumping: Stainless steel wire rod from— Taiwan, 9616 05-3835 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Occupational Safety and Health Administration National Communications National Communications System NOTICES Meetings: National Security Telecommunications Advisory Committee, 9664 05-3771 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 9659-9661 05-3830 05-3832 Meetings:

National Institute of Mental Health, 9661 05-3881 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Indiana, 9611 05-3723 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 9501-9507 05-3738 05-3739 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 9548-9551 05-3737 05-3740 NOTICES Environmental statements; availability, etc.: Maxim Technologies, Inc., 9680-9681 05-3735 Meetings: Medical Uses of Isotopes Advisory Committee, 9681-9682 05-3734 Reports and guidance documents; availability, etc.: Station blackout risk evaluation for nuclear power plants, 9682 05-3736 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: NSF International, 9678-9680 05-3772 Patent Patent and Trademark Office PROPOSED RULES Patent cases:

Fee revisions (2005 FY), 9570-9573 05-3743 Personnel Personnel Management Office PROPOSED RULES Implementation of Federal Employee Antidiscrimination and Retaliation Act, 9544-9546 05-3840 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees: Science Foundation, National; delegation of reporting authority to the Director (Memorandum of February 17, 2005), 9839-9841 05-3980 Public Public Health Service NOTICES National Toxicology Program:

National Institute of Environmental Health Sciences, National Institutes of Health— Ocular toxicity test methods nomination and chemicals and products tested for ocular irritancy using in vitro or in vivo test methods, 9661-9662 05-3831 Reclamation Reclamation Bureau NOTICES Meetings: Yakima River Basin Conservation Advisory Group, 9676-9677 05-3751 Rural Rural Business-Cooperative Service PROPOSED RULES Special programs: Business and industry guaranteed loan program; annual renewal fee, 9546-9548 05-3775 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 9682-9683 05-3725 Securities:

Suspension of trading— Maximum Dynamics, Inc., 9686-9687 05-3901 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 9687-9688 E5-786 New York Stock Exchange, 9688-9690 E5-785 *Applications, hearings, determinations, etc.:* Emerging Markets Growth Fund, Inc., et al., 9683-9686 E5-791 SBA Small Business Administration NOTICES Disaster loan areas: California, 9690 05-3819 Kansas, 9690-9691 05-3815 Kentucky, 9691 05-3816 Michigan, 9691-9692 05-3818 Ohio, 9692 05-3817 Meetings:

National Small Business Development Center Advisory Board, 9692 05-3820 Social Social Security Administration NOTICES Social security rulings and acquiescence rulings: Disability provisions; policy for determining whether substantial work activity that is discontinued or reduced be considered an unsuccessful work attempt, 9692-9694 05-3828 State State Department NOTICES Art objects; importation for exhibition: Sneaky Sea Predator: New Fossil Find from China, 9694 05-3802 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Substance Abuse Prevention Center Drug Testing Advisory Board, 9662-9663 05-3748 TVA Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 9694-9695 05-3719 Transportation Transportation Department See Federal Aviation Administration PROPOSED RULES Systems of records Aviation consumer protection; exemptions, 9607 05-3759 NOTICES Aviation proceedings: Agreements filed; weekly receipts, 9695 05-3760 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 9695 05-3758 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 9664-9673 05-3848 05-3863 05-3898 Veterans Veterans Affairs Department NOTICES Reports and guidance documents; availability, etc.: Special Medical Advisory Group; annual report, 9702 05-3789 Separate Parts In This Issue Part II Environmental Protection Agency, 9705-9735 05-2996 Part III Housing and Urban Development Department, 9737-9749 05-3640 Part IV Transportation Department, Federal Aviation Administration, 9751-9775 05-3726 Part V Housing and Urban Development Department, 9777-9838 05-3814 Part VI Presidential Documents, 9839-9841 05-3980 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. 70 38 Monday, February 28, 2005 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AH63 List of Approved Spent Fuel Storage Casks: NUHOMS®-24PT4 Revision AGENCY: Nuclear Regulatory Commission. ACTION:

Direct final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations revising the Transnuclear, Inc., Standardized Advanced NUHOMS® System listing within the “List of approved spent fuel storage casks” to include Amendment No. 1 to Certificate of Compliance Number (CoC No.) 1029. Amendment No. 1 will add another Dry Shielded Canister (DSC), designated NUHOMS®-24PT4, to the authorized contents of the Standardized Advanced NUHOMS® System. Also, the rule will be amended to correct a typographical error that incorrectly states the expiration date of the CoC. DATES: The final rule is effective May 16, 2005, unless significant adverse comments are received by March 30, 2005. 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: You may submit comments by any one of the following methods. Please include the following number (RIN 3150-AH63) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including personal information such as social security numbers and birth dates in your submission. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: *SECY@nrc.gov.* If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at

(301)415-1966. You may also submit comments via the NRC's rulemaking website at *http://ruleforum.llnl.gov.* Address questions about our rulemaking website to Carol Gallagher

(301)415-5905; e-mail *cag@nrc.gov.* Comments can also be submitted via the Federal eRulemaking Portal *http://www.regulations.gov.* Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays (telephone

(301)415-1966). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at

(301)415-1101. Publicly available documents related to this rulemaking may be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Selected documents, including comments, can be viewed and downloaded electronically via the NRC rulemaking website at *http://ruleforum.llnl.gov.* Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/NRC/ADAMS/index.html.* From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* An electronic copy of the proposed CoC and preliminary safety evaluation report

(SER)can be found under ADAMS Accession No. ML043650049. CoC No. 1029, the revised Technical Specifications (TS), the underlying SER for Amendment No. 1, and the Environmental Assessment (EA), are available for inspection at the NRC PDR, 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 January 6, 2003 (68 FR 463), that approved the Transnuclear, Inc. (TN), Standardized Advanced NUHOMS® System cask design and added it to the list of NRC-approved cask designs in § 72.214 as CoC No. 1029. Discussion On April 30, 2003, and as supplemented on March 12, July 2, and September 14, 2004, the certificate holder, TN, submitted an application to the NRC to amend CoC No. 1029 to add another DSC, designated NUHOMS®-24PT4, to the authorized contents of the Standardized Advanced NUHOMS® System. This canister is designed to accommodate 24 intact Pressurized Water Reactor fuel assemblies with or without integral burnable poison rods or integral fuel burnable absorber rods, or up to 12 damaged fuel assemblies in lieu of an equal number of intact assemblies. It is designed for use with the existing Advanced NUHOMS® Horizontal Storage Module and transfer in the NUHOMS® OS197H transfer cask, with a maximum heat load of 24 kilowatts (kW), under a general license. The specific changes requested in Amendment No. 1 to CoC No. 1029 are listed in the SER. No other changes to the Standardized Advanced NUHOMS® System design were requested in this application. 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 Standardized Advanced NUHOMS® System cask design listing in § 72.214 by adding Amendment No. 1 to CoC No. 1029. The amendment consists of changes to the TS as described above. The particular TS which are changed are identified in the NRC staff's SER for Amendment No. 1. Also, the NRC staff is revising the rule text to correct a typographical error that incorrectly states the expiration date of the CoC. The correct expiration date, as listed in CoC No. 1029 for the Standardized Advanced NUHOMS® System, is February 5, 2023. The amended Standardized Advanced NUHOMS® 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. 1029 is revised by adding the effective date of Amendment Number 1 and changing the expiration date of the CoC to February 5, 2023. Procedural Background This rule is limited to the changes contained in Amendment 1 to CoC No. 1029 and does not include other aspects of the Standardized Advanced NUHOMS® System cask 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 May 16, 2005. However, if the NRC receives significant adverse comments by March 30, 2005, 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** , in a subsequent final rule. 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. 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 is revising the Standardized Advanced NUHOMS® System design listed in § 72.214 (List of NRC-approved spent fuel storage cask designs). This action does not constitute the establishment of a standard that establishes generally applicable requirements. Agreement State Compatibility Under the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997, and published in the **Federal Register** on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category “NRC.” Compatibility is not required for Category “NRC” regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended (AEA), or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum dated June 1, 1998, entitled “Plain Language in Government Writing,” directed that the Government's writing be in plain language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES above. Finding of No Significant Environmental Impact: 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 Standardized Advanced NUHOMS® 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 add another DSC, designated NUHOMS®-24PT4, to the authorized contents of the Standardized Advanced NUHOMS® System. This canister is designed to accommodate 24 intact Pressurized Water Reactor fuel assemblies with or without integral burnable poison rods or integral fuel burnable absorber rods, or up to 12 damaged fuel assemblies in lieu of an equal number of intact assemblies. It is designed for use with the existing Advanced NUHOMS® Horizontal Storage Module and transfer in the NUHOMS® OS197H transfer cask, with a maximum heat load of 24 kW. Also, the expiration date of the CoC will be changed to correct a typographical error. Specifically, the expiration date will be changed to February 5, 2023, as listed in CoC No. 1029 for the Standardized Advanced NUHOMS® System. 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, e-mail *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 (OMB), 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 January 6, 2003 (68 FR 463), the NRC issued an amendment to Part 72 that approved the Standardized Advanced NUHOMS® System by adding it to the list of NRC-approved cask designs in § 72.214. On April 30, 2003, as supplemented on March 12, July 2, and September 14, 2004, the certificate holder, TN, submitted an application to the NRC to amend CoC No. 1029 to modify the present cask system design to add another DSC, designated NUHOMS®-24PT4, to the authorized contents of the Standardized Advanced NUHOMS® System. This canister is designed to accommodate 24 intact Pressurized Water Reactor fuel assemblies with or without integral burnable poison rods or integral fuel burnable absorber rods, or up to 12 damaged fuel assemblies in lieu of an equal number of intact assemblies. It is designed for use with the existing Advanced NUHOMS® Horizontal Storage Module and transfer in the NUHOMS® OS197H transfer cask, with a maximum heat load of 24 kW. 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 TN. 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, 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); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 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 1029 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1029. Initial Certificate Effective Date: February 5, 2003. Amendment Number 1 Effective Date: May 16, 2005. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the Standardized Advanced NUHOMS® Horizontal Modular Storage System for Irradiated Nuclear Fuel. Docket Number: 72-1029. Certificate Expiration Date: February 5, 2023. Model Number: Standardized Advanced NUHOMS®-24PT1, NUHOMS®-24PT4. Dated at Rockville, Maryland, this 14th day of February, 2005. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. 05-3738 Filed 2-25-05; 8:45 am]

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