Notices. Request for comments and notice of public hearing concerning China's compliance with its WTO commitments

8,196 words·~37 min read·/register/2006/07/28/06-6520·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4410-18-M NUCLEAR REGULATORY COMMISSION [Docket No. 50-029] Yankee Atomic Electric Company; Yankee Nuclear Power Station; Partial Exemption 1.0 Background Yankee Atomic Electric Company (YAEC, the licensee) is the licensee and holder of Facility Operating License No. DPR-3 for the Yankee Nuclear Power Station (YNPS), a permanently shutdown decommissioning nuclear plant. Although permanently shutdown, this facility is still subject to all rules, regulations, and orders of the U.S.

Nuclear Regulatory Commission (NRC). YNPS is a deactivated pressurized-water nuclear reactor located in northwestern Massachusetts in Franklin County, near the southern Vermont border. The YNPS plant was constructed between 1958 and 1960 and operated commercially at 185 megawatts electric (after a 1963 upgrade) until 1992. In 1992, YAEC determined that closing of the plant would be in the best economic interest of its customers. In December 1993, NRC amended the YNPS operating license to retain a “possession-only” status.

YAEC began dismantling and decommissioning activities at that time. Transfer of the spent fuel from the Spent Fuel Pit

(SFP)to the Independent Spent Fuel Storage Installation (ISFSI) was completed in June 2003. With the exception of the greater than class C waste stored at the ISFSI, the reactor and all associated systems and components, including those associated with storage of spent fuel in the SFP, have been removed from the facility and disposed of offsite. In addition, the structures housing these systems and components have been demolished. Physical work associated with the decommissioning of YNPS is scheduled to be completed in 2006. By letter dated February 15, 2006, as supplemented on March 23, 2006, YAEC filed a request for NRC approval of a partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3). 2.0 Request/Action YAEC is requesting the following exemption, for records pertaining to systems, structures, or components

(SSCs)and/or activities associated with the nuclear power generating unit, Spent Fuel Pit, and associated support systems, from the retention requirements of:

(1)10 CFR part 50 Appendix A Criterion 1 which requires certain records be retained “throughout the life of the unit”;

(2)10 CFR part 50 Appendix B Criterion XVII which requires certain records be retained consistent with regulatory requirements for a duration established by the licensee;

(3)10 CFR 50.59(d)(3) which requires certain records be maintained until “termination of a license issued pursuant to” part 50; and

(4)10 CFR 50.71(c) which requires records retention for the period specified in the regulations or until license termination. 3.0 Discussion Most of these records are for SSCs that have been removed from Yankee and disposed of off-site. Disposal of these records will not adversely impact the ability to meet other NRC regulatory requirements for the retention of records [ *e.g.* , 10 CFR 50.54(a), (p), (q), and (bb); 10 CFR 50.59(d); 10 CFR 50.75(g); etc.]. These regulatory requirements ensure that records from operation and decommissioning activities are maintained for safe decommissioning, spent nuclear fuel storage, completion and verification of final site survey, and license termination. Specific Exemption Is Authorized by Law 10 CFR 50.71(d)(2) allows for the granting of specific exemptions to the record retention requirements specified in the regulations. NRC regulation 10 CFR 50.71(d)(2) states, in part: * * * the retention period specified in the regulations in this part for such records shall apply unless the Commission, pursuant to § 50.12 of this part, has granted a specific exemption from the record retention requirements specified in the regulations in this part. Based on 10 CFR 50.71(d)(2), if the specific exemption requirements of 10 CFR 50.12 are satisfied, the exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B, and 10 CFR 50.59(d)(3) is authorized by law. Specific Exemption Will Not Present an Undue Risk to the Public Health and Safety With all the spent nuclear fuel transferred to the Yankee ISFSI, there is insufficient radioactive material remaining on the Yankee 10 CFR part 50 licensed site to pose any significant potential risk to the public health and safety under any credible event scenario. This provides additional assurance that the partial exemption for the specified hard copy records will not present any reasonable possibility of undue risk to the public health and safety. The partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3), for the hard copy records described above is administrative in nature and will have no impact on any remaining decommissioning activities or on radiological effluents. The exemption will merely advance the schedule for destruction of the specified hard copy records. Considering the content of these records, the elimination of these records on an advanced timetable will have no reasonable possibility of presenting any undue risk to the public health and safety. Specific Exemption Consistent With the Common Defense and Security The partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3), for the types of hard copy records described above is consistent with the common defense and security as defined in the Atomic Energy Act (42 U.S.C. 2014, Definitions) and in 10 CFR 50.2 “Definitions.” The partial exemption requested does not impact remaining decommissioning activities and does not involve information or activities that could potentially impact the common defense and security of the United States. Rather, the exemption requested is administrative in nature and would merely advance the current schedule for destruction of the specified hard copy records. Considering the content of these records, the elimination of these records on an advanced timetable has no reasonable possibility of having any impact on national defense or security. Therefore, the partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3), for the types of hard copy records described above is consistent with the common defense and security. Special Circumstances NRC regulation 10 CFR 50.12(a)(2) states, in part:

(2)The Commission will not consider granting an exemption unless special circumstances are present. Special circumstances are present whenever—(ii) Application of the regulation in the particular circumstances would not serve the underlying purpose of the rule or is not necessary to achieve the underlying purpose of the rule. Given the status of Yankee decommissioning, special circumstances exist which will allow the NRC to consider granting the partial exemption requested. Consistent with 10 CFR 50.12(a)(2)(ii), applying the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3) to the continued storage of the hard copy records described previously is not necessary to achieve the underlying purpose of the rules. The NRC's Statements of Consideration for final rulemaking, effective July 26, 1988 (53 FR 19240 dated May 27, 1988) “Retention Periods for Records,” provides the underlying purpose of the regulatory recordkeeping requirements. In response to several public comments leading up to this final rulemaking, the NRC supported the need for record retention requirements by stating that records: * * * must be retained * * * so that they will be available for examination by the Commission in any analysis following an accident, incident, or other problem involving public health and safety * * * [and] * * * for NRC to ensure compliance with the safety and health aspects of the nuclear environment and for the NRC to accomplish its mission to protect the public health and safety. The underlying purpose of the subject recordkeeping regulations is to ensure that the NRC staff has access to information that, in the event of an accident, incident, or condition that could impact public health and safety, would assist in the recovery from such an event and could also help prevent future events or conditions that could adversely impact public health and safety. Given the current status of Yankee decommissioning, the records that would be subject to early destruction would not provide the NRC with information that would be pertinent or useful. The types of records that would fall under the exemption would include hard copy radiographs, vendor equipment technical manuals, and recorder charts associated with operating nuclear power plant SSCs that had been classified as important to safety during power operations, but that are no longer classified as important to safety, are no longer operational, or have been removed from the Yankee site for disposal. As indicated in the excerpts cited above under the heading “NRC Regulatory recordkeeping Requirements to be Exempted,” the regulations include wording that states that records of activities involving the operation, design, fabrication, erection, and testing of SSCs that are classified as quality-related and/or important to safety should be retained *“until the Commission terminates the facility license” or “throughout the life of the unit.”* As stated in 10 CFR part 50, Appendix A: A nuclear power unit means a nuclear power reactor and associated equipment necessary for electric power generation and includes those structures, systems, and components required to provide reasonable assurance the facility can be operated without undue risk to the health and safety of the public. With the majority of the primary and secondary systems removed for disposal, the Yankee site no longer houses “a nuclear power reactor and associated equipment necessary for electric power generation.” Thus, with respect to the underlying intent of the recordkeeping rules cited above, Yankee is not able to generate electricity and is no longer a nuclear power unit as defined in 10 CFR part 50, Appendix A. In addition, with all the spent nuclear fuel having been transferred to the ISFSI, there is not sufficient radioactive material inventory remaining on the 10 CFR part 50 licensed site to pose any significant potential risk to the public health and safety. Thus, there are no longer any “structures, systems, and components required to provide reasonable assurance the facility can be operated without undue risk to the health and safety of the public.” This provides additional assurance that, with respect to the underlying intent of the recordkeeping rules cited above, Yankee is no longer a nuclear power unit as defined in 10 CFR part 50, Appendix A. Based on the above, it is clear that application of the subject recordkeeping requirements to the Yankee hard copy records specified above is not required to achieve the underlying purpose of the rule. Thus, special circumstances are present which the NRC may consider, pursuant to 10 CFR 50.12(a)(2)(ii), to grant the requested exemption. 4.0 Conclusion The staff has determined that 10 CFR 50.71(d)(2) allows the Commission to grant specific exemptions to the record retention requirements specified in regulations provided the requirements of 10 CFR 50.12 are satisfied. The staff has determined that the requested partial exemption from the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3), will not present an undue risk to the public health and safety. The destruction of the identified hard copy records will not impact remaining decommissioning activities; plant operations, configuration, and/or radiological effluents; operational and/or installed SSCs that are quality-related or important to safety; or nuclear security. The staff has determined that the destruction of the identified hard copy records is administrative in nature and does not involve information or activities that could potentially impact the common defense and security of the United States. The staff has determined that the purpose for the recordkeeping regulations is to ensure that the NRC Staff has access to information that, in the event of any accident, incident, or condition that could impact public health and safety, would assist in the protection of public health and safety during recovery from the given accident, incident, or condition, and also could help prevent future events or conditions adversely impacting public health and safety. Further, since most of the Yankee SSCs that were safety-related or important-to-safety have been removed from the plant and shipped for disposal, the staff agrees that the records identified in the partial exemption would not provide the NRC with useful information during an investigation of an accident or incident. Therefore, the Commission grants YAEC the requested partial exemption to the recordkeeping requirements of 10 CFR 50.71(c); 10 CFR part 50, Appendix A; 10 CFR part 50, Appendix B; and 10 CFR 50.59(d)(3), as described in the February 15, 2006, letter as supplemented on March 23, 2006. Pursuant to 10 CFR part 51.31, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment as documented in **Federal Register** notice Vol. 71, No. 127, dated July 3, 2006. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 20th day of July, 2006. For the Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning Directorate, Division of Waste Management and Environmental Protection, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-12077 Filed 7-27-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-128, EA-06-166] In the Matter of Texas A&M University, (Nuclear Science Center TRIGA Research Reactor); Order Modifying Amended Facility Operating License No. R-83 I. The Texas A&M University (the licensee) is the holder of Amended Facility Operating License No. R-83 (the license). The license was issued on December 7, 1961, by the U.S. Atomic Energy Commission and subsequently renewed on March 30, 1983, by the U.S. Nuclear Regulatory Commission (the NRC or the Commission). The license includes authorization to operate the Nuclear Science Center TRIGA Research Reactor (the facility) at a power level up to 1,000 kilowatts thermal and to receive, possess, and use special nuclear material associated with the operation. The facility is on the campus of the Texas A&M University, in the city of College Station, Brazos County, Texas. The mailing address is Nuclear Science Center, Texas Engineering Experimental Station, Texas A&M University, 3575 TAMU, College Station, Texas 77843-3575. II. On February 25, 1986, the Commission promulgated a rule, Section 50.64 of Title 10 of the * Code of Federal Regulations* (10 CFR), limiting the use of high-enriched uranium

(HEU)fuel in domestic research and test reactors (non-power reactors). This regulation requires that if Federal Government funding for conversion-related costs is available, each licensee of a research and test reactor authorized to use HEU fuel shall replace it with low-enriched uranium

(LEU)fuel. The Commission's stated purpose for these requirements was to reduce, to the maximum extent possible, the use of HEU fuel in order to reduce the risk of theft and diversion of HEU fuel used at research and test reactors (51FR 6514). The provisions of 10 CFR 50.64(c)(2)(iii) require the licensee to include in its conversion proposal, to the extent required to effect conversion, all necessary changes to the license, the facility, and licensee procedures. III. On June 13, 2006, the licensee submitted a letter as part of its conversion proposal, which indicated that changes to the Uranium-235 possession limit in its license were needed to support the proposed schedule for conversion to LEU fuel. The possession of the LEU fuel is required by the licensee at this time to prepare the fuel in bundles in order to meet the proposed timely conversion. The LEU fuel contains the Uranium-235 isotope at an enrichment of less than 20 percent. The NRC staff reviewed the licensee's proposal and the requirements of 10 CFR 50.64, and has determined that the public health and safety and common defense and security require the licensee to receive and possess the LEU fuel so that the LEU fuel may be prepared to convert from HEU fuel in accordance with the schedules planned by the Department of Energy to support U.S. non-proliferation policies. Issuance of this Order will, therefore, allow the conversion to proceed in accordance with the planned schedule. The NRC staff also determined that there should be a prohibition on receiving additional HEU fuel and a reduction in the associated authorized possession limit concurrent with the effectiveness of the amendment authorizing receipt and possession, but not use, of the LEU fuel. The specific conditions needed to reduce the HEU fuel possession limit, to amend the facility license to allow possession of the LEU fuel, and to be made a part of the license in accordance with this Order are: 2.B.(2) Pursuant to the Act and 10 CFR Part 70, “Domestic Licensing of Special Nuclear Material,” to possess and use up to 12.0 kilograms of contained Uranium-235 at enrichment equal to or less than 70 percent in connection with operation of the reactor. 2.B.(8) Pursuant to the Act and 10 CFR Part 70, “Domestic Licensing of Special Nuclear Material,” to receive and possess, in addition to the amount specified under License Condition 2.B.(2), up to 15.0 kilograms of contained Uranium-235 at enrichments equal to or less than 20 percent. The attached safety evaluation provides additional details on the NRC staff analyses resulting in the determination to order these changes. IV. Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i, and 161o of the Atomic Energy Act of 1954, as amended, and to Commission regulations in 10 CFR 2.202 and 10 CFR 50.64, *it is hereby ordered that: * Amended Facility Operating License No. R-83 is modified by amending the license to include the license conditions as stated in Section III of this Order. This Order will be effective 20 days after the date of publication of this Order in the **Federal Register** . V. Pursuant to the Atomic Energy Act of 1954, as amended, any person adversely affected by this Order may submit an answer to this Order, and may request a hearing on this Order, within 20 days of the date of this Order. The answer may consent to this Order. Any answer or request for a hearing shall set forth the matters of fact and law on which the licensee, or other person adversely affected, relies and the reasons why the Order should not have been issued. Any answer or request for a hearing shall be filed

(1)by first class mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or

(2)by courier, express mail, and expedited delivery services to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Because of continuing disruptions in delivery of mail to the United States Government Offices, it is requested that answers and/or requests for hearing be transmitted to the Secretary of the Commission either by e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *hearingdocket@nrc.gov* ; or by facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at 301-415-1101 (the verification number is 301-415-1966). Copies of the request for hearing must also be sent to the Director, Office of Nuclear Reactor Regulation and to the Assistant General Counsel for Materials Litigation and Enforcement, Office of the General Counsel, with both copies addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and the NRC requests that a copy also be transmitted either by facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* If a person other than the licensee requests a hearing, he or she shall set forth in the request for a hearing with particularity the manner in which his or her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the licensee or a person whose interest is adversely affected, the Commission shall issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. In accordance with 10 CFR 51.10(d) this Order is not subject to Section 102(2) of the National Environmental Policy Act, as amended. The NRC staff notes, however, that with respect to environmental impacts associated with the changes imposed by this Order, as described in the safety evaluation attached, the changes would, if imposed by other than an Order, meet the definition of a categorical exclusion in accordance with 10 CR 51.22(c)(9). Thus, pursuant to either 10 CFR 51.10(d) or 51.22(c)(9), no environmental assessment nor environmental impact statement is required. For further information see the June 13, 2006, letter from the licensee (Agencywide Documents Access and Management System (ADAMS) Accession No. ML061720033), and the NRC staff's safety evaluation attached to this Order (ADAMS Accession No. ML061810481), available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the 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 contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737 or by e-mail to *pdr@nrc.gov.* Dated this 21st day of July 2006. For the Nuclear Regulatory Commission. J.E. Dyer, Director, Office of Nuclear Reactor Regulation. Attachment Safety Evaluation by the Office of Nuclear Reactor Regulation Supporting Order on Possession Limit Changes To Allow Conversion From High-Enriched to Low-Enriched Uranium Fuel 1.0 Introduction By letter dated June 13, 2006, the Texas A&M University (the licensee) indicated that changes to the Nuclear Science Center

(NSC)TRIGA Research Reactor possession limit was needed to allow for the timely conversion from the use of high-enriched uranium

(HEU)fuel to low-enriched uranium

(LEU)fuel in accordance with § 50.64 of Title 10 of the *Code of Federal Regulations* (10 CFR). This regulation was promulgated to reduce the risk of theft and diversion of HEU fuel used in non-power reactors. The U.S. Nuclear Regulatory Commission

(NRC)staff determined as discussed below that the following changes to the possession limit license conditions were acceptable. The change to the current License Condition 2.B.(2) removes the authority to receive HEU fuel and decreases the possession limit of contained Uranium-235 (U-235) with enrichments up to 70 percent from 17.0 to 12.0 kilograms

(kgs)to allow the continued possession and use of material at the facility. The changes also involve the addition of License Condition 2.B.(8) to allow receipt and possession, but not use, of up to an additional 15 kgs of contained U-235 at enrichments equal to or less than 20 percent (LEU fuel). 2.0 Background The license currently includes a possession limit of special nuclear material to allow for operation of the facility. This limit allows for an amount of special nuclear material so that the facility can continue to conduct its licensed research reactor activities. In its June 13, 2006, letter, the licensee indicated that an increase to the possession limit for special nuclear material is required to allow for the timely conversion to LEU fuel. The licensee indicated that it is working with the U.S. Department of Energy (DOE), DOE contractors, and the NRC to convert the NSC TRIGA Research Reactor from HEU fuel to LEU fuel in support of non-proliferation policies. The licensee's letter stated that in order to avoid prolonged reactor shutdown and accomplish the conversion in support of non-proliferation goals, a period will exist in which the NSC TRIGA Research Reactor will need to possess a quantity of U-235 in excess of the current licensed maximum. As additional evidence, the licensee also provided a DOE letter dated April 13, 2006. In the April 13, 2006, letter, DOE indicated that the project schedule for conversion includes shipping a fresh fuel core to replace the fuel currently in the reactor. Further, DOE indicated that in order to support the timeliness of this effort as planned, the license will need an increase in the special nuclear material possession limit to accommodate the fuel inventory at the facility during the process. 3.0 Evaluation The licensee has not requested any changes to the Technical Specifications

(TSs)nor security plan. Thus, the additional material will be received and possessed under the current terms of the reactor license. The NRC staff reviewed the license, TSs, and security plan requirements for the facility and finds that the possession of the additional LEU fuel will not require additional safety or security controls or conditions beyond those already in place. The NRC staff also finds that this increase in the fuel possession limit is within the normal possession limit for research reactors. The increased possession limit does not allow operation with the fuel other than that already authorized by the license and TSs. This change does not authorize conversion to the new LEU fuel planned for conversion, *i.e.* , 30 weight percent (Wt%) vice the currently authorized 9 Wt%. (The authorization for conversion will be the subject of an ongoing separate evaluation). Therefore, the radioactive fission product inventory will not be increased by the increased fuel possession limit and the routine effluent or potential accident release levels will not increase beyond those already analyzed and accepted under the current license and TSs. Further, in accordance with the existing TSs, reactor fuel will be stored in a geometrical array where the effective multiplication is less than 0.8 for all conditions of moderation. Therefore, the potential for accidental criticality is not increased with the increased fuel possession limit. The increase in the special nuclear material possession limit does not impact the security requirements for the facility. In accordance with 10 CFR 73.2, the increase possession would be consistent with special nuclear material of moderate strategic significance (Category II). The licensee's current security plan meets or exceeds the requirements for this level of material under 10 CFR 73.67(d). The license changes are to allow for conversion in a manner that is timely to support the non-proliferation goals of the nation and allow continued research and development in accordance with the license and regulations. They do not change the security plan requirements which are consistent the provisions of 10 CFR 73.67(d) for special nuclear material of moderate strategic significance (Category II) in accordance with 10 CFR 73.2, because the addition of the LEU fuel is within the possession limit for that category of material. The inspection program has found that the licensee has routinely used such material safely and securely. The licensee submitted a proposed license condition in its June 13, 2006, letter. The NRC staff noted several changes from the proposed license condition were needed to allow for possession of the current material and allow for receipt, but not use, of the new LEU fuel. Specifically, the licensee's authority to receive additional HEU fuel is removed from License Condition 2.B.(2), and the amount of material possessed under that license condition was reduced from 17.0 to 12.0 kg. Further, License Condition 2.B.(8) is added to allow for the receipt and possession, but not use, of the LEU fuel for conversion. A telephone conversation between the project manager and the Associate Director of the NSC TRIGA Research Reactor facility on July 6, 2006, confirmed that these differences were understood and could be implemented consistent with protecting the public health and safety. Because the requested increased possession limit may be possessed safely and securely under the terms of the existing TSs and security plan, the increase in special nuclear material possession limit as specified above is acceptable to the NRC staff. Further, the NRC staff has determined that the public health and safety and the common defense and security require the licensee to receive and possess the LEU fuel so that the LEU fuel may be configured into fuel bundles to convert from HEU fuel in accordance with the schedule planned by the DOE to support U.S. non-proliferation policies. 3.0 Environmental Consideration In accordance with 10 CFR 51.10(d), an Order is not subject to Section 102 of the National Environmental Policy Act. The NRC staff notes, however, that even if these changes were not being imposed by an Order, the changes would not require an environmental impact statement or environmental assessment. The license changes involve use of a facility component located within the restricted area as defined in 10 CFR part 20 or changes in inspection and surveillance requirements. The NRC staff has determined that the changes involve no significant increase in the amounts or types of any effluents that may be released off site and no significant increase in individual or cumulative occupational radiation exposure. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment is required. 4.0 Conclusion The NRC staff has concluded, on the basis of the considerations discussed above, that

(1)The proposal by the licensee for possession of LEU fuel is consistent with and in furtherance of the requirements of 10 CFR 50.64,

(2)there is reasonable assurance that the health and safety of the public will not be endangered by the proposed activities; and

(3)such activities will be conducted in compliance with the Commission's regulations and will not be inimical to the common defense and security or the health and safety of the public. Accordingly, it is concluded that an enforcement order as described above should be issued pursuant to 10 CFR 50.64(c)(3). Dated: July 21, 2006. M. Mendonca. Principal Contributor: [FR Doc. E6-12105 Filed 7-27-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 52-007] Exelon Generating Company, LLC; Notice of Availability of the Final Environmental Impact Statement for an Early Site Permit

(ESP)at the Exelon ESP Site Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, the Commission) has published NUREG-1815, “Environmental Impact Statement for an Early Site Permit

(ESP)at the Exelon ESP Site: Final Report.” The site is located near the town of Clinton in DeWitt County, Illinois. The application for the ESP was submitted by letter dated September 25, 2003, pursuant to Title 10 of the Code of Federal Regulations part 52 (10 CFR Part 52). The application included a site redress plan in accordance with 10 CFR 52.17(c) and 52.25. If the site redress plan is incorporated in an approved ESP, then the applicant may carry out certain site preparation work and preliminary construction activities. A notice of receipt and availability of the application, which included the environmental report (ER), was published in the **Federal Register** on October 24, 2003 (68 FR 61020). A notice of acceptance for docketing of the application for the ESP was published in the **Federal Register** on October 30, 2003 (68 FR 61835). A notice of intent to prepare an environmental impact statement and to conduct the scoping process was published in the **Federal Register** on November 25, 2003 (68 FR 66130). A notice of availability of the draft EIS was published in the **Federal Register** on March 10, 2005 (70 FR 12022). The purpose of this notice is to inform the public that NUREG-1815, “Environmental Impact Statement for an Early Site Permit

(ESP)at the Exelon ESP Site: Final Report,” Volumes 1 and 2, is available for public inspection in the NRC Public Document Room

(PDR)located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, 20852, or from the Publicly Available Records

(PARS)component of NRC's Agencywide Documents Access and Management System (ADAMS), and will also be placed directly on the NRC Web site at *http://www.nrc.gov.* ADAMS is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* (the Public Electronic Reading Room). Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the PDR reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* In addition, the Vespasian Warner Public Library, located at 310 North Quincy Street, Clinton, Illinois 61727, has agreed to make the FEIS available for public inspection. *For Further Information Contact:* Thomas J. Kenyon, New Reactors Environmental Projects Branch, Division of New Reactor Licensing, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Mr. Kenyon may be contacted by telephone at

(301)415-1120 or by e-mail at *http://www.ClintonEIS.gov.* Dated at Rockville, Maryland, this 20th day of July 2006. For the Nuclear Regulatory Commission. David B. Matthews, Director, Division of New Reactor Licensing Office of Nuclear Reactor Regulation. [FR Doc. E6-12075 Filed 7-27-06; 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 2 of Regulatory Guide 1.92, entitled “Combining Modal Responses and Spatial Components in Seismic Response Analysis,” provides licensees and applicants with improved guidance concerning methods that the NRC staff considers acceptable for combining modal responses and spatial components in seismic response analysis of nuclear power plant

(NPP)structures, systems, and components

(SSCs)that are important to safety. As defined in Appendix A, “General Design Criteria for Nuclear Power Plants,” to Title 10, part 50, of the Code of Federal Regulations (10 CFR part 50), Criterion 2, “Design Bases for Protection Against Natural Phenomena,” requires, in part, that SSCs that are important to safety must be designed to withstand the effects of natural phenomena (such as earthquakes) without losing their capability to perform their respective safety functions. Such SSCs must also be designed to accommodate the effects of, and be compatible with, the environmental conditions associated with normal operation and postulated accidents. Appendix S, “Earthquake Engineering Criteria for Nuclear Power Plants,” to 10 CFR part 50 specifies, in part, requirements for implementing General Design Criterion 2 with respect to earthquakes. 1 1 Appendix S to 10 CFR part 50 applies to applicants for a design certification or combined license pursuant to 10 CFR part 52, “Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear Power Plants,” or a construction permit or operating license pursuant to 10 CFR part 50 after January 10, 1997. However, the earthquake engineering criteria in Section VI of Appendix A to 10 CFR part 100 continue to apply for either an operating license applicant or an operating license holder whose construction permit was issued before January 10, 1997. For several decades, the nuclear industry fulfilled Criterion 2 using the response spectrum method and the time history method for seismic analysis and design of NPP SSCs. Then, in 1976, the NRC issued Revision 1 of Regulatory Guide 1.92, which described then up-to-date guidance for using the response spectrum and time history methods. Since that time, research in the United States has resulted in improved methods that yield more accurate estimates of SSC seismic response, while reducing unnecessary conservatism. In view of those improvements, Revision 2 of Regulatory Guide 1.92 describes methods that the NRC staff finds acceptable for combining modal responses and spatial components in seismic response analysis. The NRC staff initially published Revision 2 of Regulatory Guide 1.92 as DG-1108, dated August 2001. The staff subsequently considered stakeholders' feedback on DG-1108, incorporated the necessary changes, and again solicited public comment on the revised guide by publishing a **Federal Register** notice (70 FR 7777) concerning Draft Regulatory Guide DG-1127 on February 15, 2005. Following the closure of the public comment period on April 15, 2005, the staff considered all stakeholder comments in the course of preparing Revision 2 of Regulatory Guide 1.92. The staff's responses to all comments received are available in the NRC's Agencywide Documents Access and Management System (ADAMS) at *http://www.nrc.gov/reading-rm/adams.html* , under Accession #ML061630344. 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. 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 Revision 2 of Regulatory Guide 1.92 may be directed to Dr. T.Y. Chang, at

(301)415-6450 or via e-mail to *TYC@nrc.gov* . Regulatory guides are available for inspection or downloading through the NRC's public Web site in the Regulatory Guides document collection of the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/doc-collections/* . Electronic copies of Revision 2 of Regulatory Guide 1.92 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 #ML053250475. 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 e-mail 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 10th day of July, 2006. For the U.S. Nuclear Regulatory Commission. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. [FR Doc. E6-12078 Filed 7-27-06; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Request for Comments and Notice of Public Hearing Concerning China's Compliance With WTO Commitments AGENCY: Office of the United States Trade Representative. ACTION: Request for comments and notice of public hearing concerning China's compliance with its WTO commitments. SUMMARY: The interagency Trade Policy Staff Committee

(TPSC)will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative

(USTR)in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO). DATES: Persons wishing to testify at the hearing must provide written notification of their intention, as well as a copy of their testimony, by noon, Wednesday, September 14, 2006. Written comments are due by noon, Monday, September 18, 2006. A hearing will be held in Washington, DC, on Wednesday, September 28, 2006. ADDRESSES: *Submissions by electronic mail: fr0622@ustr.eop.gov* . *Submissions by facsimile:* Gloria Blue, Executive Secretary, Trade Policy Staff Committee, Office of the United States Trade Representative,

(202)395-6143. The public is strongly encouraged to submit documents electronically rather than by facsimile. ( *See* requirements for submissions below.) FOR FURTHER INFORMATION CONTACT: For procedural questions concerning written comments or participation in the public hearing, contact Gloria Blue,

(202)395-3475. All other questions should be directed to Terrence J. McCartin, Deputy Assistant United States Trade Representative for China Enforcement,

(202)395-3900, or Stephen S. Kho, Acting Chief Counsel for China Enforcement,

(202)395-3582. SUPPLEMENTARY INFORMATION: 1. Background China became a Member of the WTO on December 11, 2001. In accordance with section 421 of the U.S.-China Relations Act of 2000 (Pub. L. 106-286), USTR is required to submit, by December 11 of each year, a report to Congress on China's compliance with commitments made in connection with its accession to the WTO, including both multilateral commitments and any bilateral commitments made to the United States. In accordance with section 421, and to assist it in preparing this year's report, the TPSC is hereby soliciting public comment. Last year's report is available on USTR's Internet Web site (at *http://www.ustr.gov/World_Regions/North_Asia/China/Section_Index.html* ). The terms of China's accession to the WTO are contained in the Protocol on the Accession of the People's Republic of China (including its annexes) (Protocol), the Report of the Working Party on the Accession of China (Working Party Report), and the WTO agreements. The Protocol and Working Party Report can be found on the Department of Commerce Web page, *http://www.mac.doc.gov/China/WTOAccessionPackage.htm* , or on the WTO Web site, *http://docsonline.wto.org* (document symbols: WT/L/432, WT/MIN(01)/3, WT/MIN(01)/3/Add.1, WT/MIN(01)/3/Add.2). 2. Public Comment and Hearing USTR invites written comments and/or oral testimony of interested persons on China's compliance with commitments made in connection with its accession to the WTO, including, but not limited to, commitments in the following areas:

(a)Trading rights;

(b)import regulation ( *e.g.* , tariffs, tariff-rate quotas, quotas, import licenses);

(c)export regulation;

(d)internal policies affecting trade ( *e.g.* , subsidies, standards and technical regulations, sanitary and phytosanitary measures, government procurement, trade-related investment measures, taxes and charges levied on imports and exports);

(e)intellectual property rights (including intellectual property rights enforcement);

(f)services;

(g)rule of law issues ( *e.g.* , transparency, judicial review, uniform administration of laws and regulations) and status of legal reform; and

(h)other WTO commitments. In addition, given the Administration's view that China should be held accountable as a full participant in, and beneficiary of, the international trading system now that most of its WTO commitments should have been implemented (see “U.S.-China Trade Relations: Entering a New Phase of Greater Accountability and Enforcement,” issued by USTR in February 2006, *http://www.ustr.gov/World_Regions/North_Asia/China/2006_Top-to-Bottom_Review/Section_Index.html* ), USTR requests that interested persons also specifically identify unresolved compliance issues that warrant review and evaluation by USTR's newly created China Enforcement Task Force. Written comments must be received no later than noon, Monday, September 18, 2006. A hearing will be held on Thursday, September 28, 2006, in Room 1, 1724 F Street, NW., Washington, DC 20508. If necessary, the hearing will continue on the next day. Persons wishing to testify orally at the hearing must provide written notification of their intention by noon, Wednesday, September 14, 2006. The notification should include:

(1)The name, address, and telephone number of the person presenting the testimony; and

(2)a short (one or two paragraph) summary of the presentation, including the commitments at issue and, as applicable, the product(s) (with HTSUS numbers), service sector(s), or other subjects to be discussed. A copy of the testimony must accompany the notification. Remarks at the hearing should be limited to no more than five minutes to allow for possible questions from the TPSC. All documents should be submitted in accordance with the instructions in section 3 below. 3. Requirements for Submissions In order to facilitate prompt processing of submissions, USTR strongly urges and prefers electronic (e-mail) submissions in response to this notice. In the event that an e-mail submission is impossible, submissions should be made by facsimile. Persons making submissions by e-mail should use the following subject line: “China WTO” followed by (as appropriate) “Written Comments,” “Notice of Testimony,” or “Testimony.” Documents should be submitted as either Adobe PDF, WordPerfect, MSWord, or text (.TXT) files. Supporting documentation submitted as spreadsheets are acceptable as Quattro Pro or Excel. For any document containing business confidential information submitted electronically, the file name of the business confidential version should begin with the characters “BC-”, and the file name of the public version should begin with the characters “P-”. The “P-” or “BC-” should be followed by the name of the submitter. Persons who make submissions by e-mail should not provide separate cover letters; information that might appear in a cover letter should be included in the submission itself. Similarly, to the extent possible, any attachments to the submission should be included in the same file as the submission itself, and not as separate files. Written comments, notices of testimony, and testimony will be placed in a file open to public inspection pursuant to 15 CFR 2003.5, except confidential business information exempt from public inspection in accordance with 15 CFR 2003.6. Confidential business information submitted in accordance with 15 CFR 2003.6 must be clearly marked “BUSINESS CONFIDENTIAL” at the top of each page, including any cover letter or cover page, and must be accompanied by a nonconfidential summary of the confidential information. All public documents and nonconfidential summaries shall be available for public inspection in the USTR Reading Room. The USTR Reading Room is open to the public, by appointment only, from 10 a.m. to 12 noon and 1 p.m. to 4 p.m., Monday through Friday. An appointment to review the file may be made by calling

(202)395-6186. Appointments must be scheduled at least 48 hours in advance. General information concerning USTR may be obtained by accessing its Internet Web site ( *http://www.ustr.gov* ). Carmen Suro-Bredie, Chairman, Trade Policy Staff Committee. [FR Doc. E6-12133 Filed 7-27-06; 8:45 am] BILLING CODE 3110-W6-P PEACE CORPS Proposed Agency Information Collection Activities: Career Information Consultants Waiver Form (PC-DP-969.1.2) AGENCY: Peace Corps. ACTION: Notice of Reinstatement of OMB Control Number 0420-0531, with changes, of a previously approved collection for which approval has expired. SUMMARY: The Peace Corps has submitted to the Office of Management and Budget, a request for approval of Reinstatement of OMB Control Number 0420-0531, the Career Information Consultants Waiver Form (PC-DP-969.1.2). The purpose of this information collection is to gather and update contact information for individuals who volunteer to share information about their career field, their past or current employer(s), and their career and educational paths with current and returned Peace Corps Volunteers. The purpose of this notice is to allow for public comment on whether the proosed collection of information is necessary for the proper performance of the functions of the Peace Corps, including whether the information will have practical use; the accuracy of the agency's estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; ways to enhance the quality, utility and the clarity of the information to be collected; and, ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated collection techniques, when appropriate, and other forms of information technology. This is a Request for Reinstatement of expired OMB Control Number 0420-0531. Five

(5)comments were received in response to the Peace Corps' Federal Register Notice that was published January 12, 2006, Volume 71, No. 8, 60 days. These comments were evaluated. Comments regarding the number of available options for career field(s) suggested that the original number of options was too high and made the form difficult to read. The form was revised to include a fewer number of options and the font size was increased. Comments regarding the number of entries from a single respondent suggested that respondents were listed too many times. The form was revised to limit the number of entries allowed from each respondent. Comments regarding the title of career field options suggested that there was repetition in the titles and that some titles were confusing. The form was revised to include standard occupational titles. Comments regarding the number of pages in the print publication suggested that the book was too large and difficult to manage. The directory will now only be available in electronic form. A copy of the information collection may be obtained from Ms. Tamara Webb, Peace Corps, Office of Domestic Programs, Returned Volunteer Services, 1111 20th Street, NW., Room 2132, Washington, DC 20526. Ms. Webb can be contacted by telephone at 202-692-1435 or 800-424-8580 ext 1435. DATES: Comments must be submitted on or before August 28, 2006. *Need for and Use of This Information:* The Career Information Consultants Waiver Form is used to gather contact information from individuals who have volunteered to serve as career resources for current Peace Corps Volunteers and Returned Peace Corps Volunteers. The form is distributed and collected by the Peace Corps Office of Domestic Programs, Returned Volunteer Services Division. The Returned Volunteer Services Division provides transition assistance to returning and recently-returned Volunteers through the Career Information Consultants project and other career, educational, and readjustment activities. The purpose of this information collection is to gather and update contact information for the Career Information Consultants database and publication. There is no other means of obtaining the required data. The Career Information Consultants project supports the need to assist returned volunteers and enhance the agency's capability to serve this population as required by Congressional legislation. *Respondent's Obligation to Reply:* Voluntary *Burden on the Public:* a. *Annual reporting burden:* 167 hours. b. *Annual recordkeeping burden:* 0 hours. c. *Estimated average burden per response:* 5 minutes. d. *Frequency of response:* Once, every three years. e. *Estimated number of likely respondents:* 2000. f. *Estimated cost to respondents:* $0. At this time, responses will be returned by mail. This notice is issued in Washington, DC on July 19, 2006. Wilbert Bryant, Associate Director for Management. [FR Doc. 06-6520 Filed 7-27-06; 8:45 am]

Connectionstraces to 19

Traces to 19 documents

CFR