Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-07-25.xml --- 70 141 Monday, July 25, 2005 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Grapes grown in— California, 42513 05-14673 Agriculture Agriculture Department See Agricultural Marketing Service See Grain Inspection, Packers and Stockyards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-14554 42531-42532 05-14595 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— Cote d’Ivoire; rapid expansion of access to HIV/AIDS prevention, care, and treatment interventions among rural and underserved populations, 42551-42558 05-14573 Partnership for Health Program; diffusion of health care and medical agencies serving persons living with HIV/AIDS; correction, 42551 05-14572 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 42558 05-14578 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:

Hospital outpatient prospective payment system and 2006 FY rates, 42674-43011 05-14448 NOTICES Privacy Act: Computer matching programs, 42558-42562 05-14562 05-14563 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42562 05-14616 Grants and cooperative agreements; availability, etc.: Child Development Associate Credentialing Program, 42562-42571 05-14557 Head Start programs— Head Start Family Literacy Project, 42571-42579 05-14558 Meetings:

People With Intellectual Disabilities; President's Committee, 42579 05-14617 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: New York Marine Inspection and Captain of Port Zones, NY, 42493-42495 05-14588 Sisters Creek, Jacksonville, FL, 42489-42491 05-14589 Tacoma Narrows Bridge construction project, WA, 42491-42493 05-14590 Commerce Commerce Department See National Oceanic and Atmospheric Administration Defense Defense Department See Engineers Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 42536 05-14585 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 05-14570 42536-42537 05-14571 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 42539-42540 05-14559 Reports and guidance documents; availability, etc.: Accrediting agencies and State approval agencies for vocational and nurse education institutions; national recognition, 42540-42542 05-14565 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

Rural Industrialization Loan and Grant Program; compliance certification requests— Lakewood Truckers Paradise, Inc., 42591 E5-3939 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: St. Martin and St. Landry Parishes, LA; Henderson Lake Management Unit, 42537-42539 05-14581 Grants and cooperative agreements; availability, etc.: Estuary Habitat Restoration Program, 42539 05-14584 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Novel tamper detection technology, 42539 05-14582 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Indiana, 42495-42499 05-14601 Solid wastes: Hazardous waste; identification and listing— Exclusions, 42499-42505 05-14535 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Indiana, 42519-42520 05-14600 NOTICES Meetings: Clean Air Scientific Advisory Committee, 42544-42545 05-14607 Toxic and hazardous substances control:

Chemical testing— Animal welfare guidance; petition denied, 42545-42546 05-14605 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Rolls-Royce Deutschland, 42515-42517 05-14574 NOTICES Passenger facility charges; applications, etc.: John F. Kennedy International Airport, NY, et al., 42614-42615 05-14586 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 42542-42544 E5-3937 E5-3938 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications— Beebe, Morris R., II et al.; vision requirement exemption applications, 42615-42616 05-14592 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 42546-42548 05-14547 Prohibited trade practices: Novartis AG, 42548-42550 05-14548 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Gentry indigo bush, 42520 05-14556 NOTICES Endangered and threatened species:

Incidental take permits— Sarasota County, FL; Florida scrub-jay, 42584-42585 05-14579 Endangered and threatened species and marine mammal permit applications, 42535-42536 05-14618 Environmental statements; notice of intent: Family Forest Habitat Conservation Plan, WA; meeting, 42533-42535 05-14621 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42579-42583 05-14698 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 05-14570 42536-42537 05-14571 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Stockyards; posting and deposting: Morrilton Horse Sale, AR, et al., 42532-42533 05-14593 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42550-42551 05-14564 Homeland Homeland Security Department See Coast Guard NOTICES Meetings:

Homeland Security Advisory Council, 42583 05-14603 Interior Interior Department See Fish and Wildlife Service See National Park Service See Reclamation Bureau NOTICES Environmental statements; availability, etc.: Central Utah Project— Jordanelle Dam, Wasatch County, UT; non-federal hydroelectric generation facility; construction, operation, and maintenance, 42583-42584 05-14580 IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42617-42622 E5-3926 E5-3935 E5-3936 Meetings:

Taxpayer Advocacy Panels, 42622 E5-3932 E5-3933 International International Trade Commission NOTICES Import investigations: Optical disk controller chips and chipsets and products containing same, including DVD players and PC optical storage devices, 42589-42591 05-14561 Labor Labor Department See Employment and Training Administration NOTICES International Labor Affairs Bureau: Child labor; efforts by certain countries to eliminate worst forms; information request, 43014-43015 05-14566 Millennium Millennium Challenge Corporation NOTICES Millennium Challenge Act:

Cape Verde compact, 42624-42671 05-14195 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 05-14570 42536-42537 05-14571 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 42591-42592 05-14553 National Highway National Highway Traffic Safety Administration RULES Insurer reporting requirements: Insurers required to file reports; list, 42505-42508 05-14139 NOTICES Reports and guidance documents; availability, etc.:

Child restraint systems; child restraint labels; research report, 42616-42617 05-14591 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation requirements— Exceptions to taking prohibitions; Florida and Pacific coast of Mexico, 42508-42510 05-14619 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pelagic shelf rockfish, 42512 05-14622 Caribbean, Gulf, and South Atlantic fisheries— Gulf grouper, 42510-42512 05-14604 PROPOSED RULES Marine mammals:

Taking and importation— BP Exploration; Beaufort Sea, AK; offshore oil and gas facilities; construction and operation, 42520-42530 05-14620 NOTICES Environmental statements; notice of intent: Family Forest Habitat Conservation Plan, WA; meeting, 42533-42535 05-14621 Permits: Marine mammals and endangered and threatened species, 42535-42536 05-14618 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 42586-42588 05-14549 05-14550 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 42485-42488 05-14567 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 42513-42515 05-14568 NOTICES Environmental statements; availability, etc.: Dow Chemical Co., 42593-42595 E5-3940 Meetings; Sunshine Act, 42595-42596 05-14674 Reports and guidance documents; availability, etc.: Emergency preparedness and response actions for security based events, 42596 E5-3943 Fire protection programs compliance; impact of potentially degraded Hemyc and MT fire barriers, 42596-42602 E5-3941 *Applications, hearings, determinations, etc.:* STP Nuclear Operating Co., et al., 42592-42593 E5-3942 Personnel Personnel Management Office NOTICES Health benefits;

Federal employees: Medically underserved areas (2006 CY), 42602 05-14551 Postal Postal Rate Commission NOTICES Negotiated service agreements: Bookspan, 42602-42604 05-14594 Railroad Railroad Retirement Board RULES Railroad Unemployment Insurance Act: Employers’ contributions and contribution reports, 42488-42489 05-14228 PROPOSED RULES Railroad Unemployment Insurance Act: Railroad employers’ reconsideration requests; electronic filing, 42517-42518 05-14227 Reclamation Reclamation Bureau NOTICES Meetings:

California Bay-Delta Public Advisory Committee, 42588-42589 05-14577 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board, 42604-42608 E5-3944 New York Stock Exchange, Inc., 42608-42610 E5-3947 Pacific Exchange, Inc., 42610-42611 E5-3946 Philadelphia Stock Exchange, Inc., 42611-42613 E5-3945 State State Department NOTICES Culturally significant objects imported for exhibition: David Milne Watercolors:

Painting Toward the Light, 42613 05-14611 Monumental Sculpture in Florence: Ghiberti, Nanni di Banco, and Verrocchio, 42613-42614 05-14612 Surface Surface Transportation Board NOTICES Meetings; Sunshine Act, 42617 05-14721 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 42614 05-14678 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Millennium Challenge Corporation, 42624-42671 05-14195 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 42674-43011 05-14448 Part IV Labor Department, 43014-43015 05-14566 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. 70 141 Monday, July 25, 2005 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 RIN 3150-AH75 List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 4 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule.

SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations revising the NAC International, Inc., NAC-UMS Universal Storage System listing within the “List of approved spent fuel storage casks” to include Amendment No. 4 to Certificate of Compliance

(CoC)Number 1015. Amendment No. 4 to the NAC-UMS CoC will modify the cask design by replacing the specific term “zircaloy” with the more generic term “zirconium alloy”; revising the definitions of “operable” and “site specific fuel”; revising vacuum drying pressure and time limits; revising short-term temperature limits and completion times for the heat removal system; clarifying the surface dose rate surveillance; adding a dissolved boron concentration option; deleting a redundant boron concentration administrative control; adding an alternate site-specific design basis earthquake analysis; and incorporating editorial and administrative changes. DATES: The final rule is effective October 11, 2005, unless significant adverse comments are received by August 24, 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-AH75) 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 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 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, Technical Specifications (TS), and preliminary safety evaluation report

(SER)can be found under ADAMS Package Accession No. ML051250544. CoC No. 1015, the revised TS, the underlying SER for Amendment No. 4, 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 October 19, 2000 (65 FR 62581), that approved the NAC-UMS Universal Storage System cask design and added it to the list of NRC-approved cask designs in § 72.214 as CoC No. 1015. Discussion On August 10, 2004, and as supplemented on December 23, 2004, and February 17, 2005, the certificate holder, NAC International, Inc.

(NAC)submitted an application to the NRC to amend CoC No. 1015 to:

(1)Replace the specific term “zircaloy” with the more generic term “zirconium alloy”;

(2)revise the definitions of “operable” and “site specific fuel”;

(3)revise vacuum drying pressure and time limits;

(4)revise short-term temperature limits and completion times for the concrete cask heat removal system;

(5)clarify the surface dose rate surveillance frequency;

(6)add a dissolved boron concentration option;

(7)delete a redundant boron concentration administrative control;

(8)add an alternate site-specific design basis earthquake analysis for unbounded site conditions; and

(9)incorporate editorial and administrative changes. No other changes to the NAC-UMS cask system design were requested in this application. The NRC staff performed a detailed safety evaluation of the proposed CoC amendment request and found that an acceptable safety margin is maintained. In addition, the NRC staff has determined that there continues to be reasonable assurance that public health and safety and the environment will be adequately protected. This direct final rule revises the NAC-UMS Universal Storage System listing in § 72.214 by adding Amendment No. 4 to CoC No. 1015. The amendment consists of changes to the TS to enhance operations and operational flexibility. The particular TS which are changed are identified in the NRC staff's SER for Amendment No. 4. The amended NAC-UMS Universal Storage 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 § 72.214 List of approved spent fuel storage casks. Certificate No. 1015 is revised by adding the effective date of Amendment Number 4. Procedural Background This rule is limited to the changes contained in Amendment 4 to CoC No. 1015 and does not include other aspects of the NAC-UMS Universal Storage System. 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 October 11, 2005. However, if the NRC receives significant adverse comments by August 24, 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** . A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if:

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, in a substantive response:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the NRC staff to make a change (other than editorial) to the CoC or TS. These comments will be addressed in a subsequent final rule. The NRC will not initiate a second comment period on this action. Voluntary Consensus Standards The National Technology Transfer Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC would revise the NAC-UMS Universal Storage System 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 NAC-UMS Universal Storage 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:

(1)Replace the specific term “zircaloy” with the more generic term “zirconium alloy”;

(2)revise the definitions of “operable” and “site Specific fuel”;

(3)revise vacuum drying pressure and time limits;

(4)revise short-term temperature limits and completion times for the concrete cask heat removal system;

(5)clarify the surface dose rate surveillance frequency;

(6)add a dissolved boron concentration option;

(7)delete a redundant boron concentration administrative control;

(8)add an alternate site-specific design basis earthquake analysis for unbounded site conditions; and

(9)incorporate editorial and administrative changes. The EA 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 EA 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, 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 October 19, 2000 (65 FR 62581), the NRC issued an amendment to part 72 that approved the NAC-UMS Universal Storage System by adding it to the list of NRC-approved cask designs in § 72.214. On August 10, 2004, and as supplemented on December 23, 2004, and February 17, 2005, the certificate holder, NAC, submitted an application to the NRC to amend CoC No. 1015 to:

(1)Replace the specific term “zircaloy” with the more generic term “zirconium alloy”;

(2)revise the definitions of “operable” and “site specific fuel”;

(3)revise vacuum drying pressure and time limits;

(4)revise short-term temperature limits and completion times for the concrete cask heat removal system;

(5)clarify the surface dose rate surveillance frequency;

(6)add a dissolved boron concentration option;

(7)delete a redundant boron concentration administrative control;

(8)add an alternate site-specific design basis earthquake analysis for unbounded site conditions; and

(9)incorporate editorial and administrative changes. 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 NAC. 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. Congressional Review Act In accordance with the Congressional Review 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, 2224 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1015 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1015. Initial Certificate Effective Date: November 20, 2000. Amendment Number 1 Effective Date: February 20, 2001. Amendment Number 2 Effective Date: December 31, 2001. Amendment Number 3 Effective Date: March 31, 2004. Amendment Number 4 Effective Date: October 11, 2005. SAR Submitted by: NAC International, Inc. SAR Title: Final Safety Analysis Report for the NAC-UMS Universal Storage System. Docket Number: 72-1015. Certificate Expiration Date: November 20, 2020. Model Number: NAC-UMS. Dated at Rockville, Maryland, this 11th day of July, 2005. For the Nuclear Regulatory Commission. Martin J. Virgilio, Acting Executive Director for Operations. [FR Doc. 05-14567 Filed 7-22-05; 8:45 am]

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