Unknown. Direct final rule

4,550 words·~21 min read·/register/2005/06/30/05-12889·

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-2005-06-30.xml --- 70 125 Thursday, June 30, 2005 Contents Agriculture Agriculture Department See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-12887 37869-37870 05-12915 Antitrust Antitrust Modernization Commission NOTICES Hearings, 37747 05-12873 Meetings, 37746-37747 05-12872 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Claims appeal procedures; changes, 37700-37705 05-12982 Coast Guard Coast Guard RULES Drawbridge operations: Alabama, 37675-37677 05-12925 New York, 37677 05-12931 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Commencement Bay, WA, 37680-37681 05-12926 Georgetown Channel, Potomac River, Washington, DC, 37677-37679 05-12881 Prince William Sound Captain of Port Zone, AK, 37681-37683 05-12932 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau RULES North American Free Trade Agreement (NAFTA):

Disassembly operations; tariff treatment, 37669-37674 05-12902 Defense Base Closure Defense Base Closure and Realignment Commission NOTICES Meetings; correction, 37789 05-13002 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Crab Fresh et al., 37747-37748 05-12894 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Assistive Technology Alternative Financing Program, 37794-37798 05-12954 Children with disabilities; technical assistance and dissemination to improve services and results, 37789-37794 05-12949 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37798-37800 05-12905 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Cyprodinil, 37683-37688 05-12921 Ethyl maltol, 37688-37692 05-12920 Terbacil, etc., 37692-37696 05-12919 Superfund program: Toxic chemical release reporting; community right-to-know— Methyl ethyl ketone; deletion, 37698-37700 05-12928 Water pollution control: Ocean dumping; site designations— Columbia River mouth, OR and WA; correction, 37696-37698 05-12941 PROPOSED RULES Hazardous waste program authorizations: Indiana, 37726-37728 05-12940 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37818-37819 05-12945 Air pollutants, hazardous; national emission standards:

Area source category list; revisions, 37819-37827 05-12942 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Indiana, 37856-37857 05-12939 Grants and cooperative agreements; availability, etc.: Lead poisoning and baseline assessment of Tribal children's existing and potential exposure to lead; Tribal educational outreach, 37831-37837 05-12953 Pesticide Environmental Stewardship Program, 37827-37831 05-12923 Meetings: Polychlorinated biphenyls; remediation waste disposal activities, 37837-37839 05-12916 Science Advisory Board, 37839 05-12935 Scientific Counselors Board, 37839-37841 05-12944 World Trade Center Expert Technical Review Panel, 37841-37842 05-12943 Pesticide, food, and feed additive petitions:

Interregional Research Project (No. 4), 37852-37856 05-12950 Syngenta Crop Protection, Inc., 37847-37851 05-12922 Pesticide programs: Risk assessments— Dichlorvos, 37844-37847 05-12952 Sethoxydim, 37842-37844 05-12918 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 37857 05-12986 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airmen certification: U.S. military and civilian personnel assigned outside United States in support of Armed Forces operations; relief, 37946-37949 05-12930 Airworthiness directives:

Boeing, 37659-37661 05-12844 Airworthiness standards: Special conditions— Diamond Aircraft Industries Model DA-42 airplane, 37656-37659 05-12882 Raytheon Model King Air H-90 (T-44A) airplane, 37654-37656 05-12879 PROPOSED RULES Airworthiness standards: Special conditions— Gulfstream Aerospace Limited Partnership Model G150 airplane, 37715-37717 05-12883 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37891 05-12884 Environmental statements; availability, etc.:

Capital City Airport, MI; runway extension, 37891 05-12885 FCC Federal Communications Commission RULES Common carrier services: Telephone Consumer Protection Act; implementation— Do-Not-Call Implementation Act; unwanted telephone solicitations; effective date delay, 37705-37706 05-13025 PROPOSED RULES Radio and television broadcasting: Station buyers; public notice requirements; revision, 37728-37731 05-13026 Federal Election Federal Election Commission RULES Bipartisan Campaign Reform Act; implementation:

Candidate solicitation at State, district, and local party fundraising events— Exception for attending, speaking, or appearing as featured guest, 37649-37654 05-12863 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Generator interconnection agreements and procedures; standardization, 37661-37669 05-12870 PROPOSED RULES Natural Gas Policy Act: Interstate natural gas pipelines— Creditworthiness standards; withdrawal and policy statement, 37717-37723 05-12874 NOTICES Environmental statements; availability, etc.:

Erie Boulevard Hydropower, L.P., 37810-37811 E5-3414 Environmental statements; notice of intent: ANR Pipeline Co., 37811-37813 E5-3411 Florida Gas Transmission Co., 37813-37815 E5-3403 Hydroelectric applications, 37801, 37809-37810, 37815-37817 E5-3417 E5-3418 E5-3419 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission, LLC, 37801-37802 E5-3413 Aquila, Inc., 37802 E5-3401 California Independent System Operator Corp., 37802 E5-3400 Cheyenne Plains Gas Co., L.L.C., 37802-37803 E5-3405 Colorado Interstate Gas Co., 37803 E5-3408 Dominion Cove Point LNG, LP, 37803 E5-3397 El Paso Natural Gas Co., 37804 E5-3409 Entergy Services, Inc., 37817-37818 E5-3399 Gulfstream Natural Gas System, L.L.C., 37804 E5-3421 Kern River Gas Transmission Co., 37804-37805 E5-3398 MIGC, Inc., 37805 E5-3425 Mojave Pipeline Co., 37805 E5-3407 Northern Natural Gas Co., 37805-37806 E5-3423 Northwest Pipeline Corp., 37806 E5-3404 Panhandle Eastern Pipe Line Co., LP, 37806-37807 E5-3424 PJM Interconnection, LLC, et al., 37817 E5-3412 Tennessee Gas Pipeline Co., 37807 E5-3416 Texas Gas Transmission, LLC, 37807 E5-3410 Trunkline LNG Co., LLC, 37807-37809 E5-3415 E5-3420 E5-3427 Williston Basin Interstate Pipeline Co., 37809 E5-3422 E5-3426 Wyoming Interstate Co., Ltd., 37810 E5-3406 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications— Howard, Thomas E.; vision requirement exemption application, 37891-37893 05-12877 Federal Procurement Federal Procurement Policy Office RULES Acquisition regulations: Cost Accounting Standards Board— Tangible assets capitalization; correction, 37706 05-12857 Federal Railroad Federal Railroad Administration RULES Railroad locomotive safety standards: Event recorders, 37920-37944 05-12878 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 37858 05-12898 Formations, acquisitions, and mergers, 05-12629 37857-37858 05-12897 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Securities, U.S. Treasury: State and Local Government Series, 37904-37917 05-12868 NOTICES Securities, U.S. Treasury: Demand Deposit Securities; State and Local Government Series; average marginal tax rate and administrative cost, 37918 05-12867 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Vernal pool crustaceans and plants in California and Oregon, 37739-37744 05-12963 NOTICES Comprehensive conservation plans; availability, etc.: Turnbull National Wildlife Refuge, WA, 37865-37866 05-12804 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-12907 37859-37861 05-12910 05-12911 Harmonisation International Conference; guidelines availability: Biotechnological/biological products;

Q5E comparability subject to changes in manufacturing process, 37861-37862 05-12908 Human drugs: Drug products withdrawn from sale for reason other than safety and effectiveness— ZYVOX (linezolid) tablets, 400 milligrams, 37862 05-12909 Meetings: Blood Products Advisory Committee, 37862-37863 05-12962 Reports and guidance documents; availability, etc.: West Nile Virus Infection; recent fever with headache as symptom; donor deferral discontinuation; withdrawn, 37864 05-12961 West Nile Virus Infection, known or suspected cases; donor suitability and blood and blood product safety assessment, 37863-37864 05-12960 Forest Forest Service NOTICES Environmental statements; notice of intent:

Kootenai National Forest, MT, 37745-37746 05-12892 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 37858-37859 05-12899 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

Arastafar, Mohammed, 37748-37749 05-12871 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-3428 37895-37896 E5-3429 E5-3430 International International Trade Administration NOTICES Antidumping: Preserved mushrooms from— India, 37757-37759 E5-3443 Stainless steel sheet and strip in coils from— Japan, 37759-37761 E5-3442 Antidumping and countervailing duties:

Administrative review requests, 37749-37757 05-13095 Expected non-market economy wages; calculation methodology, 37761-37764 05-12862 Foreign air carriers; exemption from excise taxes; reciprocity findings: Bolivia, 37764 E5-3436 Reports and guidance documents; availability, etc.: Antidumping proceedings; duty drawback practice, 37764-37766 E5-3441 International International Trade Commission NOTICES Import investigations: Raw in-shell pistachios from— Iran, 37867-37868 05-12895 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office NOTICES Pollution control; consent judgments:

Gabriel, George, et al., 37868-37869 05-12866 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 37870-37872 05-12912 05-12913 05-12914 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.: Kentucky, 37866 05-12933 Meetings: Resource Advisory Councils— Alaska, 37867 05-12891 Northeast California, 37867 05-12869 Management Management and Budget Office See Federal Procurement Policy Office Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:

JESSIE O’, 37893 05-12936 SOUTHERN CROSS, 37893 05-12929 Millennium Millennium Challenge Corporation NOTICES Reports and guidance documents; availability, etc.: Environmental guidelines, 37872 05-12893 Mine Mine Safety and Health Administration RULES Metal and nonmetal mine safety and health: Underground mines— Diesel particulate matter exposure of miners; correction, 37675, 37901 C5-10681 05-12817 National Capital National Capital Planning Commission NOTICES Senior Executive Service:

Performance Review Board; membership, 37872 05-12865 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Hydraulic and electric brake systems— Vehicles over 10,000 pounds; minimum performance requirements, etc., 37706-37713 05-12880 PROPOSED RULES Motor vehicle safety standards: Child restraint systems— Exposed webbing; minimum breaking strength, 37731-37739 05-12875 NOTICES Motor vehicle safety standards: Exemption petitions, etc.— General Motors Corp., 37893-37894 05-12876 NOAA National Oceanic and Atmospheric Administration NOTICES Grants and cooperative agreements; availability, etc.: 2006 FY funds availability; omnibus notice, 37766-37788 05-12927 Meetings:

Recreational Fisheries Action Team, 37788-37789 05-12934 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 37647-37649 05-12889 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 37714-37715 05-12888 NOTICES Environmental statements; availability, etc.:

Tennessee Valley Authority, 37872-37873 E5-3434 Nuclear waste and spent fuel shipments: Governors’ designees receiving advance notification; list, 37873-37875 05-12903 Regulatory guides; issuance, availability, and withdrawal, 37875-37876 E5-3435 Presidential Presidential Documents PROCLAMATIONS Trade: Generalized System of Preferences duty-free treatment and NAFTA rules of origin, modifications (Proc. 7912), 37957-37984 05-13182 EXECUTIVE ORDERS Defense and national security:

Classified national security information; strengthening eligibility processes for access (EO 13381), 37951-37955 05-13098 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Self-regulatory organizations: Clearing agency registration applications— Fixed Income Clearing Corp., 37878 E5-3431 Self-regulatory organizations; proposed rule changes: International Securities Exchange, Inc., 37878-37880 05-12886 National Association of Securities Dealers, Inc., 37880-37889 E5-3437 E5-3438 National Stock Exchange, 37889-37891 E5-3432 *Applications, hearings, determinations, etc.:* Canada Southern Petroleum Ltd., 37876-37877 E5-3439 E5-3440 Surface Surface Transportation Board NOTICES Rail carriers:

Cost-of-capital; railroad industry's 2004 decision, 37894-37895 05-12900 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service RULES North American Free Trade Agreement (NAFTA): Disassembly operations; tariff treatment, 37669-37674 05-12902 Veterans Veterans Affairs Department PROPOSED RULES Board of Veterans Appeals:

Appeals regulations and rules of practice— Disagreement notice; clarification, 37723-37726 05-12864 NOTICES Agency information collection activities; proposals, submissions, and approvals, 37896-37899 E5-3444 E5-3445 E5-3446 E5-3447 Meetings: Environmental Hazards Advisory Committee, 37899 05-12959 Rehabilitation Research and Development Service Scientific Merit Review Board, 37899-37900 05-12957 Veterans’ Disability Benefits Commission, 37900 05-12958 Separate Parts In This Issue Part II Treasury Department, Fiscal Service, 37904-37918 05-12867 05-12868 Part III Transportation Department, Federal Railroad Administration, 37920-37944 05-12878 Part IV Transportation Department, Federal Aviation Administration, 37946-37949 05-12930 Part V Executive Office of the President, Presidential Documents, 37951-37955 05-13098 Part VI Executive Office of the President, Presidential Documents, 37957-37984 05-13182 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. 70 125 Thursday, June 30, 2005 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AH70 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 BNG Fuel Solutions Corporation Ventilated Storage Cask (VSC-24) System listing within the “List of approved spent fuel storage casks” to include Amendment No. 5 to Certificate of Compliance Number (CoC No.) 1007. Amendment No. 5 will change the certificate holder's name from Pacific Sierra Nuclear Associates to BNG Fuel Solutions Corporation. No changes were required to be made to the VSC-24 Final Safety Analysis Report nor its Technical Specifications. DATES: The final rule is effective September 13, 2005, unless significant adverse comments are received by August 1, 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-AH70) 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 Web site at *http://ruleforum.llnl.gov* . Address questions about our rulemaking Web site 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 am and 4:15 pm 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 Web site 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. ML050310446. CoC No. 1007, the Technical Specifications (TS), and the underlying SER for Amendment No. 5 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 April 7, 1993 (58 FR 17948), that approved the VSC-24 cask design and added it to the list of NRC-approved cask designs in § 72.214 as CoC No. 1007. Discussion On November 2, 2004, and as supplemented on April 27, 2005, the certificate holder, BNG Fuel Solutions Corporation, submitted an application to the NRC to amend CoC No. 1007 for the VSC-24 System to change the certificate holder's name from Pacific Sierra Nuclear Associates

(PSNA)to BNG Fuel Solutions Corporation (BFS). The requested change did not require any changes to the VSC-24 Final Safety Analysis Report

(FSAR)nor its TS. PSNA, the current certificate holder of CoC No. 1007 for the VSC-24 System, is jointly owned by BFS and Sierra Nuclear Corporation (SNC). BNG, Inc., the parent company of BFS and SNC, intends to have SNC transfer all of its assets and liabilities to BFS, and then dissolve SNC. Given that BFS will have sole ownership of PSNA, the applicant has requested that the certificate holder be changed from PSNA to BFS. No other changes to the VSC-24 System were requested in this application. Due to the administrative nature of the change requested, this amendment does not require any changes to the VSC-24 FSAR nor its TS. In addition, the NRC staff has determined that there continues to be reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the VSC-24 cask design listing in § 72.214 by adding Amendment No. 5 to CoC No. 1007. As discussed above, the amendment does not require any changes to the FSAR nor its TS. 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 by adding the effective date of Amendment Number 5. Procedural Background This rule is limited to the change contained in Amendment 5 to CoC No. 1007 and does not include other aspects of the VSC-24 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 September 13, 2005. However, if the NRC receives significant adverse comments by August 1, 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 VSC-24 listing 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. Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. 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 A regulatory analysis has not been prepared for this direct final rule because this rule is considered a minor, nonsubstantive amendment that has no economic impact on NRC licensees or the public. 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 consists of an administrative change to the company name and does not affect any small entities. 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 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. Amendment Number 5 Effective Date: September 13, 2005. SAR Submitted by: BNG Fuel Solutions Corporation. 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. Dated at Rockville, Maryland, this 14th day of June, 2005. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. 05-12889 Filed 6-29-05; 8:45 am]

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