Notices. Notice of availability

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BILLING CODE 7400-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-62 and 50-396] Notice of License Terminations for University of Virginia Research Reactor

(UVAR)and University of Virginia Cooperatively Assembled Virginia Low Intensity Educational Reactor (CAVALIER) The U.S. Nuclear Regulatory Commission

(NRC)is noticing the termination of Facility Operating License No. R-66 for the UVAR and Facility Operating License No. R-123 for the CAVALIER. The NRC has terminated the license of the decommissioned UVAR, in the reactor facility on the UVA campus in Charlottesville, Virginia, and has released the site for unrestricted use. The licensee requested termination of the license in a letter to NRC dated June 18, 2004. The UVAR was a 2-MW-thermal, light-water-moderated, -cooled, and -reflected reactor fueled with plate-type fuel. It was licensed and first operated in June 1960. The reactor was permanently shut down on June 30, 1998. The licensee submitted a decommissioning plan to NRC for review and approval in a letter dated February 9, 2000, updated by letter dated April 26, 2000, and supplemented by letters on December 19, 2000, and May 4 and May 11, 2001. The NRC approved the UVAR decommissioning plan by Amendment No. 26 to the Facility Operating License No. R-66 on March 26, 2002. The NRC has also terminated the license of the decommissioned CAVALIER, which was in the same reactor facility on the UVA campus in Charlottesville, Virginia, and has released the site for unrestricted use. The licensee requested termination of the license in an April 4, 2003 letter to NRC. The request for termination was affirmed by letter dated September 26, 2005. The CAVALIER was a 100-MW-thermal, light-water-moderated, -cooled, and -reflected reactor fueled with plate-type fuel. It was licensed and first operated in October 1974. The licensee submitted a decommissioning plan by letter February 26, 1990, and supplemented the plan on June 17, 1991. The NRC Commission issued an Order Authorizing Dismantling of Facility and Disposition of Component Parts for the CAVALIER, Facility Operating License No. R-123, on February 3, 1992. A Notice and Solicitation of Comments Pursuant to 10 CFR 20.1405 and 10 CFR 50.82(b)(5) Concerning Proposed Action To Decommission the University of Virginia, University of Virginia Research Reactor appeared in the **Federal Register** on December 6, 2001 (65 FR 17684). All comments received were considered by the staff during the review of the UVAR decommissioning plan for Facility Operating License No. R-66. A Notice of Proposed Issuance of Orders Disposition of Component Parts and Terminating Facility License appeared in the **Federal Register** on April 22, 1991 (56 FR 16350). No request for a hearing or petition for leave to intervene was filed following notice of the proposed action concerning Facility Operating License No. R-123. The NRC completed its review of the April 2004 UVAR Final Status Survey Report submitted to NRC by letter dated June 18, 2004, and the March 2003 Evaluation of Radiological Characterization Results Relative to the Termination of NRC License No. R-123 dated, March 2003, submitted by letter dated April 4, 2003. Both reports documented the level of residual radioactivity remaining at the facility and stated that compliance with the criteria in the NRC-approved decommissioning plan for both reactors has been demonstrated. Pursuant to 10 CFR 50.82(b)(6), the NRC staff has concluded that both reactors have been decommissioned in accordance with the approved decommissioning plans and that the terminal radiation surveys and associated documentation demonstrate that the facilities and sites may be released in accordance with the criteria in the NRC-approved decommissioning plans. Further, on the basis of the decommissioning activities carried out by UVA, the NRC's review of the licensee's final status survey report, the results of NRC inspections conducted at the UVAR and CAVALIER, and the results of NRC confirmatory surveys, the NRC has concluded that the decommissioning process is complete and the facilities and sites may be released for unrestricted use. Therefore Facility Operating License Nos. R-66 and R-123 are terminated. For further details concerning UVAR see the licensee's application for decommissioning dated February 9, 2000, updated by letter April 26, 2000 and supplemented by letters on December 19, 2000, May 4, and May 11, 2001; the NRC approval of the UVAR decommissioning plan by Amendment No. 26 to Facility Operating License No. R-66 on March 26, 2002; the licensee's request for license termination by letter to NRC dated June 18, 2004; the April 2004 UVAR Final Status Survey Report submitted to NRC by letter dated June 18, 2004; and NRC Inspection Report No. 50-62/2002-202, dated September 2, 2005. For further details about CAVALIER, see the licensee's February 26, 1990 application for decommissioning, supplemented on June 17, 1991; the February 3, 1992, Order Authorizing Dismantling of Facility and Disposition of Component Parts for the CAVALIER, Facility Operating License No. R-123; licensee's April 4, 2003, request for termination of the license; the March 2003 Evaluation of Radiological Characterization Results Relative to the Termination of NRC License No. R-123, submitted by letter dated April 4, 2003; and NRC Inspection Report No. 50-62/2002-202, dated September 2, 2005. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room

(PDR)at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records for UVA dated after January 30, 2000, will be accessible electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html* . Persons who do not have access to ADAMS or who have problems in accessing the documents in ADAMS should call the NRC PDR reference staff at 1-800-397-4209 or 301-415-4737 or e-mail *pdr@nrc.gov* . Dated at Rockville, Maryland, this 17th day of October, 2005. For the Nuclear Regulatory Commission. Brian E. Thomas, Section Chief, Research and Test Reactors Section, New, Research and Test Reactors Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. E5-5949 Filed 10-25-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Final Regulatory Guide: Issuance, Availability The U.S. Nuclear Regulatory Commission

(NRC)has issued a revision to an existing guide in the agency's Regulatory Guide Series. This series has been developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Revision 1 of Regulatory Guide 3.71, entitled “Nuclear Criticality Safety Standards for Fuels and Material Facilities,” describes methods that the NRC staff finds acceptable for complying with the NRC's regulations in Title 10, Parts 70 and 76, of the *Code of Federal Regulations* . In 10 CFR Part 70, “Domestic Licensing of Special Nuclear Material,” Section 70.20, “General License To Own Special Nuclear Material,” states that a specific license is required to acquire, deliver, receive, possess, use, transfer, import, or export special nuclear material. According to 10 CFR 70.22, “Contents of Applications,” each application for such a license must contain proposed procedures to avoid nuclear criticality accidents. In 10 CFR Part 76, “Certification of Gaseous Diffusion Plants,” Section 76.87, “Technical Safety Requirements,” states that the technical safety requirements should reference procedures and equipment that are applicable to criticality prevention. The NRC initially issued Regulatory Guide 3.71 in 1998 to provide guidance concerning procedures that the staff considered acceptable for complying with these portions of the NRC's regulations. Toward that end, the original guide endorsed specific nuclear criticality safety standards developed by the American Nuclear Society's Standards Subcommittee 8 (ANS-8), “Operations with Fissionable Materials Outside Reactors.” Those national standards provide guidance, criteria, and best practices for use in preventing and mitigating criticality accidents during operations that involve handling, processing, storing, and/or transporting special nuclear material at fuel and material facilities. The original guide also took exceptions to certain portions of individual ANS-8 standards. In addition, the original guide consolidated and replaced a number of earlier NRC regulatory guides, thereby providing all of the relevant guidance in a single document. Since that time, several ANS-8 nuclear criticality safety standards have been added, reaffirmed, revised, or withdrawn. Consequently, the NRC staff decided to update this guide to clarify which standards the agency endorses and to clearly state exceptions to individual standards. Toward that end, the staff issued this revised regulatory guide as Draft Regulatory Guide DG-3023, with a **Federal Register** notice (70 FR 25128), dated May 12, 2005, to solicit stakeholder comments. The public comment period closed on June 20, 2005, without the submission of any stakeholder comments; however, the NRC staff further revised RG 3.71 based on review of additional changes to the consensus standards in the guide. This revision does not change any of the guidance provided in the initial issuance of Regulatory Guide 3.71; rather, it provides guidance concerning changes that have occurred since the NRC published the original guide in 1998. For completeness, this guide restates the endorsements and exceptions stated in Regulatory Guide 3.71, as applicable, while identifying endorsements of or exceptions to new or modified standards. Since the ANSI/ANS-8 standards are constantly being issued, revised, reaffirmed, or withdrawn, the NRC staff plans to revise this guide on a regular basis. The NRC staff encourages and welcomes comments and suggestions in connection with improvements to published regulatory guides, as well as items for inclusion in regulatory guides that are currently being developed. Comments may be accompanied by relevant information or supporting data. Please mention the guide number in the subject line of your submission. Comments submitted in writing or in electronic form will be made available to the public in their entirety on the NRC's Agencywide Documents Access and Management System (ADAMS). Personal information will not be removed from your comments. You may submit comments by any of the following methods. Mail comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand-deliver comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to: Rules and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission at

(301)415-5144. Requests for technical information about RG 3.71 may be directed to H.D. Felsher, at

(301)415-5521 or via e-mail to *HDF@nrc.gov* . Electronic copies of RG 3.71 are available through the NRC's public Web site under the Regulatory Guides document collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/* . Electronic copies are also available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html* , under Accession No. ML051940351. In addition, regulatory guides are available for inspection at the NRC's Public Document Room (PDR), which is located at 11555 Rockville Pike, Rockville, Maryland; the PDR's mailing address is USNRC PDR, Washington, DC 20555-0001. The PDR can also be reached by telephone at

(301)415-4737 or

(800)397-4205, by fax at

(301)415-3548, and by email to *PDR@nrc.gov* . Requests for single copies of draft or final guides (which may be reproduced) or for placement on an automatic distribution list for single copies of future draft guides in specific divisions should be made in writing to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Reproduction and Distribution Services Section; by e-mail to *DISTRIBUTION@nrc.gov* ; or by fax to

(301)415-2289. Telephone requests cannot be accommodated. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. (5 U.S.C. 552(a)) Dated at Rockville, Maryland, this 17th day of October, 2005. For the Nuclear Regulatory Commission. Carl J. Paperiello, Director, Office of Nuclear Regulatory Research. [FR Doc. E5-5948 Filed 10-25-05; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Notice of Availability of NUREG-1833, “Technical Bases for Revision to the License Renewal Guidance Documents” AGENCY: Nuclear Regulatory Commission. ACTION: Notice of availability. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is issuing NUREG-1833, “Technical Bases for Revision to the License Renewal Guidance Documents.” This document describes the technical bases for the revision of NUREG-1801, “Generic Aging Lessons Learned

(GALL)Report” and NUREG-1800 “Standard Review Plan for the Review of License Renewal Applications for Nuclear Power Plants” (SRP-LR). ADDRESSES: Copies are available in the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852-2738. The NRC maintains an Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRC's public documents. This document may be accessed through the NRC's Public Electronic Reading Room on the Internet at *http://www.nrc.gov/reading-rm/adams.html* under ADAMS accession number ML052110003. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC's PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail at *pdr@nrc.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Jerry Dozier, License Renewal Project Manager, Office of Nuclear Reactor Regulation, Mail Stop O-11F1, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-1014, or by e-mail at *jxd@nrc.gov.* SUPPLEMENTARY INFORMATION: Technical Bases for Revision to the License Renewal Guidelines Documents The NRC staff has written NUREG-1833 to document and justify the technical changes to the GALL Report and SRP-LR since the 2001 publication. The changes that were made when revising these license renewal guidance documents are captured in NUREG-1833, along with the bases for technical changes. Changes to the GALL Report and SRP-LR are in the following categories:

(1)Roll-Up Changes;

(2)Incorporation of NRC Positions;

(3)Operating Experience; and

(4)Technical or Process Clarifications and Corrections. Dated at Rockville, Maryland, this 18th day of October 2005. For the Nuclear Regulatory Commission. Pao-Tsin Kuo, Program Director, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. E5-5947 Filed 10-25-05; 8:45 am] BILLING CODE 7590-01-P POSTAL RATE COMMISSION [Docket No. MC2006-1; Order No. 1447] Permanent Parcel Return Service AGENCY: Postal Rate Commission. ACTION: Notice and order. SUMMARY: Parcel Return Service (PRS), which the Postal Service currently offers on an experimental basis for two parcel post rate categories, was scheduled to expire October 19, 2003. Shortly before the expiration date, the Service filed a request to establish one of these categories (Parcel Select) as a permanent offering and to allow users to purchase an optional ancillary service (Certificate of Mailing). Participants in the experiment were not eligible for this ancillary service during the experimental stage. The Service's request triggered an automatic extension of the October 19, 2005 expiration date for Parcel Select. Given no participation in the other experimental category (Bound Printed Matter), the Service does not seek to make it permanent, and it expired as scheduled. This document establishes a formal docket to address the requested change in status for the PRS Parcel Select category and identifies several initial steps, including authorization of settlement negotiations. DATES: 1. November 10, 2005: deadline for intervention. 2. November 17, 2005: deadline for responses to waiver motion; prehearing conference (10 a.m.). 3. November 14-15, 2005: dates reserved for settlement conference. ADDRESSES: Submit comments electronically via the Commission's Filing Online system at *http://www.prc.gov.* FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, general counsel, at 202-789-6818. SUPPLEMENTARY INFORMATION: Regulatory History 1. 68 FR 34678 (June 10, 2003). 2. 68 FR 48963 (August 15, 2003). On October 17, 2005, the Postal Service filed a request seeking a recommended decision approving a change in the Domestic Mail Classification Schedule

(DMCS)making Parcel Return Service

(PRS)permanent. 1 A current experiment has been testing distinct rates and fees for certain parcels that are returns from customers to merchants. The Request, which includes five attachments, was filed pursuant to chapter 36 of the Postal Reorganization Act, 39 U.S.C. 3601 *et seq.* 2 1 Request of the United States Postal Service for a Recommended Decision on Parcel Return Service, October 17, 2005 (Request). 2 Attachment A contains the proposed classification schedule provisions; Attachment B sets forth the proposed rate and fee schedules; Attachment C is the certification required by Commission rules 64(h) and 54(p); Attachment D is an index of testimonies; and Attachment E is the statement addressing compliance with various filing requirements. The Postal Service has been offering experimental PRS since October 19, 2003, in accordance with the Commission's recommended decision approving the stipulation and agreement in Docket No. MC2003-2 and the Governor's Decision of September 8, 2003, approving the recommendation. The experiment was scheduled to expire on October 19, 2005, unless a request to make the service permanent was pending before the Commission prior to that date. In contemporaneous filings, the Postal Service requests establishment of settlement procedures 3 and submits a conditional motion for waiver of the filing requirements. 4 The Request, accompanying testimony of witnesses Daniel (USPS-T-1), Miller (USPS-T-2), and Koroma (USPS-T-3), and other related material are available for inspection in the Commission's docket room during regular business hours. They also can be accessed electronically, via the Internet, on the Commission's Web site ( *http://www.prc.gov* ). 3 United States Postal Service Request for Establishment of Settlement Procedures, October 17, 2005 (Request for Establishment of Settlement Procedures). 4 Statement of the United States Postal Service Concerning Compliance with Filing Requirements and Conditional Motion for Waiver, October 17, 2005 (Motion for Waiver). I. Proposed Parcel Return Service The Postal Service proposes to make permanent a PRS applicable to merchandise returned as Parcel Post. This service allows commercial mailers or their third-party logistics providers to receive bulk delivery of returned parcels at a designated delivery unit or at a bulk mail center (BMC). The Postal Service offers PRS as a customer-friendly and more efficient means for consumers to return parcels to mail-order retailers. PRS is designed to be consistent with destination entry services provided at delivery units or BMCs, so that returned parcels can be picked up at the same facilities where outgoing packages are entered. This allows participants to benefit from the increased efficiency of dropping off and picking up parcels concurrently. The experiment recommended in Docket No. MC2003-2 included PRS for Bound Printed Matter

(BPM)and Parcel Select rate categories. The BPM category did not garner any participation. Thus, a permanent classification is only requested for the Parcel Select rate categories. No permanent classification is being requested for BPM. The Postal Service also seeks classification changes to allow the certificate of mailing service to be available for purchase with PRS. This was not a part of the original experiment. PRS would add two new rate categories to the Parcel Post subclass, Parcel Select Return Delivery Unit (RDU), and Parcel Select Return Bulk Mail Center (RBMC). The proposed RDU rate for mail retrieved in bulk at delivery units is $2.11 per parcel for all parcels except oversized parcels. The proposed RDU rate for oversized parcels is $7.92. The proposed RBMC rates are identical to those proposed in the Postal Service's pending Docket No. R2005-1 request. 5 5 Compare Request Attachment B with Docket No. R2005-1, Request of the United States Postal Service for a Recommended Decision on Changes in Rates of Postage and Fees for Postal Services, April 8, 2005, Attachment A at 43-49. The proposed rates are based on workshare savings for returned parcels retrieved in bulk by shippers (or their agents) at designated delivery units or BMCs. The Postal Service indicates that the cost avoidance measures underlying its proposed rates are estimated using the same cost methodology and cost model presented in Docket No. MC2003-2 by witness Eggleston. The cost model has been modified to incorporate Docket No. R2005-1 data, as well as information obtained from field personnel. The Postal Service estimates that making this service permanent would add approximately $35 million to the Postal Service's revenue, around 2.8 percent of Parcel Post total revenue, and 0.05 percent of total domestic mail revenue. It claims that PRS should not materially affect Parcel Post's contribution to institutional costs relative to other subclasses. II. Conditional Request for Waiver of Certain Filing Requirements The Postal Service asserts that its filing complies with applicable Commission filing requirements through incorporation by reference but, as a precautionary alternative, seeks waiver of various filing requirements should the Commission conclude otherwise. 6 In support of its Request, the Postal Service states that its Compliance Statement (Attachment E to the Request) addresses each filing requirement and indicates which parts of the filing satisfy each rule. It also notes that it has incorporated by reference pertinent materials from Docket No. R2005-1, the most recent omnibus rate case. 7 It contends that incorporation satisfies the filing requirements pertaining to classes of mail and special services. In addition, the Postal Service contends that the PRS will not materially alter the rates, fees and classifications established in Docket No. R2005-1; rather, it would make permanent certain experimental classifications with the rates already proposed in that docket. Id. at 1. It concludes that its proposal will have only a limited impact on overall postal costs, volumes and revenues. Ibid. It also asserts that there is substantial overlap between information sought in the general filing requirements and the materials provided in Docket No. R2005-1. Id. at 2. 6 The Request seeks a waiver of rules 54 and 64. Motion for Waiver at 3. 7 Motion for Waiver at 1 and 3. Notwithstanding its principal position, the Postal Service recognizes that the Commission may find that it has failed to comply with the filing requirements. Accordingly, the Postal Service requests a waiver of certain filing requirements if the Commission concludes that the materials incorporated from the omnibus case are not sufficient to satisfy those requirements. Id. at 3. III. The Postal Service Request for Settlement Procedures In support of its request for settlement procedures, the Postal Service asserts that the proposed classification change is straightforward, is of limited scope, and is the culmination of a successful two-year experiment established in Docket No. MC2003-2. Further, the Postal Service states that because the experimental service that the Request is based upon resulted in settlement, it believes that the same level of widespread support exists for making the service permanent, and that it should have no significant adverse impact on other mailers or competitors. Accordingly, the Postal Service believes there is a distinct possibility for settlement. 8 The Postal Service requests that a settlement conference be scheduled as soon as possible following the deadline for intervention. Id. at 2. 8 Request for Settlement Procedures at 1-2. IV. Commission Response *Intervention.* Those wishing to be heard in this matter are directed to file a notice of intervention on or before November 10, 2005. The notice of intervention shall be filed using the Internet (Filing Online) at the Commission's Web site ( *http://www.prc.gov* ), unless a waiver is obtained for hardcopy filing. 39 CFR 3001.9(a) and 10(a). No decision has been made at this point on whether a hearing will be held in this case. Notices should indicate whether participation will be on a full or limited basis. See 39 CFR 3001.20 and 3001.20a. *Settlement.* Given the Postal Service's representations that the proposal is widely supported and should not adversely affect competitors or other mailers, the Commission will authorize settlement negotiations in this proceeding. It appoints Postal Service counsel as settlement coordinator. In this capacity, Postal Service counsel shall file periodic reports on the status of settlement discussions. The Commission authorizes the settlement coordinator to hold a settlement conference on November 14-15, 2005. The Commission will make its hearing room available for this purpose upon request. Authorization of settlement discussions does not constitute a finding on the necessity of hearings in this case. *Prehearing conference.* A prehearing conference will be held November 17, 2005, at 10 a.m. in the Commission's hearing room. Participants shall be prepared to identify any issue(s) that would indicate a need to schedule a hearing, along with other matters referred to in this ruling. *Conditional Motion for Waiver.* Participants may comment on the Postal Service's conditional motion to waive certain filing requirements. Responses to the Postal Service's Motion for Waiver are due on or before November 17, 2005. *Representation of the general public.* In conformance with section 3624(a) of title 39, the Commission designates Shelley S. Dreifuss, director of the Commission's Office of the Consumer Advocate (OCA), to represent the interests of the general public in this proceeding. Pursuant to this designation, Ms. Dreifuss will direct the activities of Commission personnel assigned to assist her and, upon request, will supply their names for the record. Neither Ms. Dreifuss nor any of the assigned personnel will participate in or provide advice on any Commission decision in this proceeding. V. Ordering Paragraphs *It is ordered:* The Commission establishes Docket No. MC2006-1, Parcel Return Service, to consider the Postal Service Request referred to in the body of this order. 1. The Commission will sit en banc in this proceeding. 2. Postal Service counsel is appointed to serve as settlement coordinator in this proceeding. The Commission will make its hearing room available upon request for a settlement conference on November 14-15, 2005, at such times as scheduled by the settlement coordinator. 3. Shelley S. Dreifuss, director of the Commission's Office of the Consumer Advocate, is designated to represent the interests of the general public. 4. The deadline for filing notices of intervention is November 10, 2005. 5. A prehearing conference will be held November 17, 2005, at 10 a.m. in the Commission's hearing room. 6. Responses to the Postal Service's Conditional Motion for Waiver of certain filing requirements are due on or before November 17, 2005. 7. The Secretary shall arrange for publication of this notice and order in the **Federal Register** . By the Commission. Issued: October 21, 2005. Garry J. Sikora, Acting Secretary. [FR Doc. 05-21401 Filed 10-25-05; 8:45am]

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