Unknown. Direct final rule

6,130 words·~28 min read·/register/2011/01/13/2011-642

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

--- schema: federal-register doc_type: fedreg source_file: FR-2011-01-13.xml --- 76 9 Thursday, January 13, 2011 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2390-2393 2011-408 Agricultural Marketing Agricultural Marketing Service NOTICES National Organic Program: Draft Guidance Concerning Made With Organic (Specified Ingredients or Food Groups) Products, etc., 2328-2331 2011-573 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2328 2011-571 Animal Animal and Plant Health Inspection Service PROPOSED RULES Viruses, Serums, Toxins, and Analogous Products; Packaging and Labeling, 2268-2277 2011-648 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2393-2394 2011-470 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Hospital Inpatient Value-Based Purchasing Program, 2454-2491 2011-454 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Evaluation of Head Start Safe Families Safe Homes Training Curriculum, 2394-2395 2011-412 Civil Rights Civil Rights Commission NOTICES Meetings: Florida Advisory Committee; Agenda, 2332 2011-587 Coast Guard Coast Guard RULES Arrivals on Outer Continental Shelf, 2254-2263 2011-569 NOTICES Maritime Security Directive 104-6 (Rev 5): Guidelines for U.S. Vessels Operating in High Risk Waters, 2402-2403 2011-578 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Technical Information Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Comprehensive Socioeconomic Data Collection from Alaskan Communities, 2332 2011-589 Defense Department Defense Department RULES Defense Support of Civil Authorities, 2246-2253 2011-620 TRICARE: Coverage of National Cancer Institute Sponsored Phase I Studies, 2253-2254 2011-621 PROPOSED RULES Changes Included in National Defense Authorization Act for Fiscal Year 2010, etc. TRICARE, 2288-2290 2011-623 Reimbursement for Travel for Specialty Care under Exceptional Circumstances:

TRICARE, 2290-2291 2011-622 TRICARE Reimbursement Revisions, 2291-2293 2011-624 Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances: Temporary Placement of Five Synthetic Cannabinoids into Schedule I; Correction, 2287-2288 2011-683 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Assessment Governing Board, 2348-2349 2011-613 Applications for New Awards for Fiscal Year

(FY)2011: Business and International Education Program, 2349-2353 2011-653 Inviting Applications for New Awards for Fiscal Year

(FY)2011: International Research and Studies

(IRS)Program, 2353-2358 2011-681 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Minnesota; Gopher Resource, LLC., 2263-2267 2011-337 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Minnesota; Gopher Resource, LLC., 2293-2294 2011-342 Revision to South Coast Portion of California State Implementation Plan: CPV Sentinel Energy Project AB 1318 Tracking System, 2294-2297 2011-647 NOTICES Regional Project Waivers of Section 1605 (Buy American) of American Recovery and Reinvestment Act of 2009: Hyannis Water System in Hyannis, MA, 2371-2373 2011-636 Request for Nominations of Experts to Augment SAB Scientific and Technological Achievement Awards Committee, 2373-2374 2011-641 Tentative Approvals and Solicitations of Requests for Public Hearings: Public Water System Supervision Program Revision for New Jersey, 2374-2375 2011-640 Executive Office of the President See Science and Technology Policy Office Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Model A330-300, A340-200, and A340-300 Series Airplanes, 2284-2287 2011-586 BAE SYSTEMS (OPERATIONS) LIMITED Model BAe 146 Airplanes, and Model Avro 146 RJ Airplanes, 2281-2284 2011-585 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 2279-2281 2011-584 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Flight Engineers and Flight Navigators, 2440 2011-594 Federal Communications Federal Communications Commission PROPOSED RULES Framework for Next Generation 911 Deployment, 2297-2309 2011-565 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2375-2382 2011-554 2011-557 2011-558 2011-559 2011-561 2011-562 2011-564 2011-566 Radio Broadcasting Services: AM or FM Proposals to Change Community of License, 2382 2011-563 Federal Energy Federal Energy Regulatory Commission NOTICES Application To Amend Certificate of Public Convenience and Necessity: Texas Eastern Transmission Co.; Dominion Transmission, Inc., 2358 2011-533 Applications Accepted for Filing and Soliciting Motions To Intervene and Protests: Great River Hydropower, LLC, 2359 2011-544 Applications Tendered for Filing and Establishing Procedural Schedules for Licensings and Deadlines for Submission of Final Amendments: Fairlawn Hydroelectric Co., LLC, 2360 2011-543 Applications: Texas Eastern Transmission, LP; Algonquin Gas Transmission, LLC, 2360-2361 2011-537 Baseline Filings: Atmos Energy—Kentucky/Mid-States Division, 2361-2362 2011-546 Combined Filings, 2362-2365 2011-527 2011-528 Effectiveness of Exempt Wholesale Generator Status: Ashtabula Wind III, LLC; Iberdrola Renewables, Inc.; Flat Water Wind Farm, LLC et al., 2365 2011-540 Environmental Assessments; Availability, etc.: Dominion Transmission, Inc., Northeast Expansion Project, 2365-2367 2011-535 Green Island Power Authority, 2365 2011-542 Environmental Assessments; Availability: Colorado Interstate Gas Co., Spruce Hill Air Blending Project, 2367-2368 2011-534 Filings: Washington 10 Storage Corp., 2368 2011-539 Initial Market-Based Rate Filing Including Requests for Blanket Section 204 Authorization: Balance Power Systems, LLC, 2368-2369 2011-526 Meetings: Priorities for Addressing Risks to Reliability of Bulk-Power System; Technical Conference, 2369 2011-572 Staff Attendance at Southwest Power Pool Markets and Operation Policy and Strategic Planning Committees, 2369-2370 2011-541 Preliminary Permit Applications Accepted for Filing and Soliciting Comments, Motions to Intervene, etc.: Mount Storm Hydro, LLC, 2370 2011-545 Requests Under Blanket Authorizations: Columbia Gas Transmission, LLC, 2371 2011-538 Gulf South Pipeline Co., LP, 2370-2371 2011-536 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 2382-2383 2011-574 Ocean Transportation Intermediary Licenses: Reissuance, 2383 2011-576 Rescission of Revocation Order, 2383 2011-575 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2441-2442 2011-570 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 2383 2011-599 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 2383 2011-719 Fish Fish and Wildlife Service NOTICES Permit Applications: Endangered Species; Marine Mammals, 2408-2409 2011-654 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Customer/Partner Service Surveys, 2395-2396 2011-532 Recordkeeping and Records Access Requirements for Food Facilities, 2396-2397 2011-592 Meetings: Menthol Report Subcommittee of Tobacco Products Scientific Advisory Committee, 2397-2398 2011-635 Tobacco Products Scientific Advisory Committee, 2398 2011-634 Food and Nutrition Food and Nutrition Service PROPOSED RULES Nutrition Standards in the National School Lunch and School Breakfast Programs, 2494-2570 2011-485 Forest Forest Service NOTICES Meetings: Bridger-Teton National Forest Resource Advisory Committee, 2331 2011-662 Idaho Panhandle Resource Advisory Committee, 2331-2332 2011-466 Pike and San Isabel Resource Advisory Committee, 2331 2011-670 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES HHS Recommendation for Fluoride Concentration in Drinking Water for Prevention of Dental Caries, 2383-2388 2011-637 Meetings: National Biodefense Science Board, 2388 2011-684 National Toxicology Program: Validation of Alternative Methods Recommendations on Two Nonradioactive Versions of Murine Local Lymph Node Assay, etc., 2388-2390 2011-669 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Brownfield Economic Development Initiative, 2405-2406 2011-656 Sustainable Communities Regional Grant Program, 2406-2407 2011-657 HUDs Fiscal Year 2010 NOFA for Capital Fund Education and Community Facilities Program: Availability; Technical Correction and Extension of Deadline Date, 2407 2011-658 Indian Affairs Indian Affairs Bureau NOTICES Reservation Proclamations: Golf Course Acquisition, as Addition to Bay Mills Indian Reservation for Bay Mills Indian Community of Michigan, 2409 2011-616 Lot 32 Acquisition, as Addition to Bay Mills Indian Reservation for Bay Mills Indian Community of Michigan, 2409-2410 2011-612 Lots 15 and 16 Acquisition, as Addition to Bay Mills Indian Reservation for Bay Mills Indian Community of Michigan, 2409 2011-614 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International Trade Adm International Trade Administration NOTICES Final Results of Antidumping Duty Administrative Reviews: Stainless Steel Sheet and Strip in Coils From Mexico, 2332-2336 2011-626 Final Results of Countervailing Duty Administrative Reviews: Dynamic Random Access Memory Semiconductors From Republic of Korea, 2336-2337 2011-615 Preliminary Results and Partial Rescissions of Antidumping Duty Administrative Reviews: Certain Cased Pencils From People's Republic of China, 2337-2344 2011-627 Preliminary Results of Antidumping Duty Administrative Reviews: Certain Hot-Rolled Carbon Steel Flat Products From India, 2344-2346 2011-619 Quarterly Updates: Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to In-Quota Rate of Duty, 2346-2347 2011-617 International Trade Com International Trade Commission NOTICES Investigations: Advice Concerning Possible Modifications to U.S. Generalized System of Preferences, 2010 Review, etc., 2415-2416 2011-553 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Coordination and Compliance Section Complaint Form, 2416-2417 2011-478 Labor Department Labor Department See Occupational Safety and Health Administration See Veterans Employment and Training Service See Workers Compensation Programs Office Land Land Management Bureau NOTICES Calls for Nominations for Advisory Groups, 2410-2411 2011-607 Designation of Elkhorn Ridge Wilderness, CA, 2411 2011-606 Expirations of Withdrawals and Openings of Lands: Idaho, 2411-2412 2011-608 Intents to Amend Resource Management Plans, Prepare Environmental Assessments, and Realty Actions: Grand Junction, CO, 2412-2413 2011-556 Realty Action: Direct Sale of Public Land in Lawrence County; SD, 2413-2414 2011-550 Relocation of Bureau of Land Management's Gunnison Field Office in Gunnison, CO, 2414 2011-551 Terminations of Recreation and Public Purposes Classifications and Opening Orders: Comanche County, OK, 2414-2415 2011-603 Merit Merit Systems Protection Board NOTICES Opportunity To File Amicus Briefs in Matter of Jeffrey Denton v. Department of Agriculture, 2422-2423 2011-633 Millenium Millennium Challenge Corporation NOTICES Report on Selection of Eligible Countries for Fiscal Year 2011, 2423-2425 2011-609 National Highway National Highway Traffic Safety Administration PROPOSED RULES Consumer Information Regulations: Fees for Use of Traction Skid Pads, 2309-2313 2011-643 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms, and Record Keeping Requirements, 2442-2444 2011-645 Petitions for Exemption From Vehicle Theft Prevention Standard: Ford Motor Co., 2444-2445 2011-567 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: California Health Interview Survey Cancer Control Module 2011, 2398-2399 2011-661 Meetings: Centers for Scientific Review, 2399-2401 2011-629 National Institute of Mental Health, 2401-2402 2011-628 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species: Bluefin Tuna Bycatch Reduction in Gulf of Mexico Pelagic Longline Fishery, 2313-2327 2011-689 NOTICES Availability of Seats for Stellwagen Bank National Marine Sanctuary Advisory Council, 2347 2011-517 Permits: Endangered Species; File No. 15596, 2348 2011-659 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 2425 2011-705 National Technical National Technical Information Service NOTICES Meetings: National Technical Information Service Advisory Board, 2348 2011-472 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: NUHOMS HD System, 2243-2246 2011-642 PROPOSED RULES List of Approved Spent Fuel Storage Casks: NUHOMS HD System Revision 1, 2277-2279 2011-644 NOTICES Draft Regulatory Guides: Reissuance and Availability, 2425-2426 2011-611 Renewals of Facility Operating Licenses: STP Nuclear Operating Co., South Texas Project, Units 1 and 2, 2426-2428 2011-610 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alleged Safety and Health Hazards; Extension, 2417-2418 2011-602 Recording and Reporting Occupational Injuries and Illnesses, 2418-2420 2011-601 Presidio Presidio Trust NOTICES Meetings: Presidio Trust, 2428 2011-660 Science Technology Science and Technology Policy Office NOTICES Requests for Public Comments: Draft National Nanotechnology Initiative Strategy for Nanotechnology-Related Environmental, Health, and Safety Research, 2428-2429 2011-555 Securities Securities and Exchange Commission PROPOSED RULES Security-Based Swap Data Repository Registration, Duties, and Core Principles; Correction, 2287 C2--2010--29719 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2429-2430 2011-674 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 2430-2431 2011-663 Small Business Small Business Administration NOTICES Disaster Declarations: New Mexico, 2431 2011-649 Meetings: Houston District Office Advisory Committee, 2431-2432 2011-651 Surrenders: Bancshares Capital, L.P., 2432 2011-650 State Department State Department NOTICES Bureau of Educational and Cultural Affairs

(ECA)Request for Grant Proposals: FY2012 Humphrey Fellowship Program, 2432-2438 2011-499 Culturally Significant Objects Imported for Exhibition Determinations: Cezanne's Card Players, 2439 2011-807 Kings, Queens, and Courtiers; Art in Early Renaissance France, 2438-2439 2011-806 Rembrandt and His School; Masterworks from Frick and Lugt Collections, 2439 2011-808 Meetings: Agenda of Environmental Affairs Council of Dominican Republic Central America United States Free Trade Agreement, 2439-2440 2011-618 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2402 2011-685 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: BNSF Railway Co. in Rolette and Towner Counties, ND, 2445-2446 2011-632 Acquisition Exemptions: City of Temple, TX; Georgetown Railroad Co., 2446-2447 2011-639 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ships Store Declaration, 2403-2404 2011-673 Quarterly IRS Interest Rates Used in Calculating Interest: Overdue Accounts and Refunds on Customs Duties, 2404-2405 2011-676 Veteran Affairs Veterans Affairs Department NOTICES Gulf War and Health, Volume 6, Physiologic, Psychologic, and Psychosocial Effects of Deployment-Related Stress, 2447-2451 2011-552 Veterans Employment Veterans Employment and Training Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2420-2421 2011-638 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2421-2422 2011-631 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 2454-2491 2011-454 Part III Agriculture Department, Food and Nutrition Service, 2494-2570 2011-485 Reader Aids Consult the Reader Aids section at the end of this page 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. 76 9 Thursday, January 13, 2011 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2011-0002] RIN 3150-AI89 List of Approved Spent Fuel Storage Casks: NUHOMS ® HD System Revision 1 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. SUMMARY: The Nuclear Regulatory Commission (NRC or the Commission) is amending its spent fuel storage regulations by revising the Transnuclear, Inc.

(TN)NUHOMS ® HD System listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 1 to Certificate of Compliance

(CoC)Number 1030. Amendment No. 1 will revise the definitions for Damaged Fuel Assembly and Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class fuel assemblies as authorized contents; reduce the minimum off-normal ambient temperature from −20 °F to −21 °F; expand the authorized contents of the NUHOMS ® HD System to include pressurized water reactor fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; clarify the requirements for neutron absorber tests; delete use of nitrogen for draining the water from the dry shielded canister (DSC), and allow only helium as a cover gas during DSC cavity water removal operations; and make corresponding changes to the technical specifications (TS). DATES: The final rule is effective March 29, 2011, unless significant adverse comments are received by February 14, 2011. 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 can access publicly available documents related to this document using the following methods: *Federal e-Rulemaking Portal:* Go to *http://www.regulations.gov* and search for documents filed under Docket ID [NRC-2011-0002]. Address questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail *Carol.Gallagher@nrc.gov* . *NRC's Public Document Room (PDR):* The public may examine and have copied for a fee publicly available documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. *NRC's Agencywide Documents Access and Management System (ADAMS):* Publicly available documents created or received at the NRC are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this page, the public can gain entry into 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's PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr.resource@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 Number ML102500570. The ADAMS Accession Number for the Transnuclear, Inc application, dated November 1, 2007, is ML073110525. CoC No. 1030, the TS, the preliminary SER, and the environmental assessment are available for inspection at the NRC's PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD. Single copies of these documents may be obtained from Gregory Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-6445, e-mail *Gregory.Trussell@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-6445, e-mail *Gregory.Trussell@nrc.gov* . SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act

(NWPA)of 1982, as amended, requires that “the Secretary [of the Department of Energy] 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 “the 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 Title 10 of the *Code of Federal Regulations* (10 CFR) Part 72, which added a new Subpart K within 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,” which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. The NRC subsequently issued a final rule on December 11, 2006 (71 FR 71463), that approved the NUHOMS ® HD System cask design and added it to the list of NRC-approved cask designs in 10 CFR 72.214 as CoC No. 1030. Discussion On November 1, 2007, and as supplemented on December 15, 2008, February 19, April 30, May 26, June 10, September 17, 2009, June 17 (proprietary information not publicly available), July 9, July 26, and August 24, 2010, TN, the holder of CoC No. 1030, submitted an application to the NRC that requested an amendment to CoC No. 1030. Specifically, TN requested changes to revise definitions for Damaged Fuel Assembly and Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class fuel assemblies as authorized contents; reduce the minimum off-normal ambient temperature from −20 °F to −21 °F; expand the authorized contents of the NUHOMS ® HD System to include pressurized water reactor fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; clarify the requirements for neutron absorber tests; and delete use of nitrogen for draining the water from the DSC, and allow only helium as a cover gas during DSC cavity water removal operations; and make corresponding changes to TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 and 5 will be deleted and replaced with TS 2.1, and Tables 2, 3, 4, and 7 will be revised to incorporate TS changes. As documented in the SER, 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 will be adequately protected. This direct final rule revises the NUHOMS ® HD System listing in 10 CFR 72.214 by adding Amendment No. 1 to CoC No. 1030. The amendment consists of the changes described above, as set forth in the revised CoC and TS. The revised TS are identified in the SER. The amended NUHOMS ® HD System cask design, when used under 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. When this direct final rule becomes effective, persons who hold a general license under 10 CFR 72.210 may load spent nuclear fuel into NUHOMS ® HD System casks that meet the criteria of Amendment No. 1 to CoC No. 1030 under 10 CFR 72.212. Discussion of Amendments by Section § 72.214 List of approved spent fuel storage casks. Certificate No. 1030 is revised by adding the effective date of Amendment Number 1. Procedural Background On May 6 and 7, 2010, respectively, a direct final rule (75 FR 24786) and companion proposed rule (75 FR 25120) were published in the **Federal Register** to revise the cask system listing for the TN NUHOMS ® HD System by adding Amendment No. 1 to the list of approved spent fuel storage casks in 10 CFR 72.214. After the rules were published, the applicant identified that a certain TS for Boral characterization (TS 4.3.1, “Neutron Absorber Tests”) was not written precisely and in a manner that could be readily and demonstrably implemented. On July 16, 2010, the NRC withdrew the direct final rule (75 FR 41369) and the companion proposed rule (75 FR 41404). The applicant submitted revised language for TS 4.3.1 (and Final Safety Analysis Report

(FSAR)sections incorporated into the TS by reference) on July 26 and August 24, 2010, which NRC staff reviewed and found to be acceptable. This direct final rule includes the original Amendment No. 1 changes and the revised TS 4.3.1 and FSAR sections incorporated into the TS by reference. This rule is limited to the changes contained in Amendment No. 1 to CoC No. 1030 and does not include other aspects of the NUHOMS ® HD 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 March 29, 2011. However, if the NRC receives significant adverse comments on this direct final rule by February 14, 2011, then the NRC will publish a document that withdraws this action and will subsequently address the comments received in a final rule as a response to the companion proposed rule published elsewhere in this issue of the **Federal Register** . Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. 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, a substantive response is required when:

(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 rule, CoC, or TS. For detailed instructions on filling comments, please see the companion proposed rule published elsewhere in this issue of the **Federal Register** . Voluntary Consensus Standards The National Technology Transfer and Advancement 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 will revise the NUHOMS ® HD System cask design listed in § 72.214 (List of approved spent fuel storage casks). This action does not constitute the establishment of a standard that contains 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, or the provisions of 10 CFR. 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, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883), directed that the Government's documents be in clear and accessible 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 NRC has prepared an environmental assessment and, on the basis of this environmental assessment, has made a finding of no significant impact. This rule will amend the CoC for the NUHOMS ® HD System cask design 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 revise the definitions for Damaged Fuel Assembly and Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class fuel assemblies as authorized contents; reduce the minimum off-normal ambient temperature from −20 °F to −21 °F; expand the authorized contents of the NUHOMS ® HD System to include pressurized water reactor fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; clarify the requirements for neutron absorber tests; delete use of nitrogen for draining the water from the DSC, and allow only helium as a cover gas during DSC cavity water removal operation; and make corresponding changes to the TS that are revised to include TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 and 5 are deleted and replaced with TS 2.1, and Tables 2, 3, 4, and 7 are revised to incorporate TS changes. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Single copies of the environmental assessment and finding of no significant impact are available from Gregory Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, *telephone:* 301-415-6445, *e-mail: Gregory.Trussell@nrc.gov* . Paperwork Reduction Act Statement This rule does not contain any information collection requirements and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget (OMB), Approval Number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis On July 18, 1990 (55 FR 29181), the NRC issued an amendment to 10 CFR Part 72 to provide for the storage of spent nuclear fuel under a general license in cask designs approved by the NRC. Any nuclear power reactor licensee can use NRC-approved cask designs to store spent nuclear fuel if it notifies the NRC in advance, the 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 10 CFR 72.214. On December 11, 2006 (71 FR 71463), the NRC issued an amendment to Part 72 that approved the NUHOMS ® HD System cask design by adding it to the list of NRC-approved cask designs in 10 CFR 72.214. On November 1, 2007, as supplemented on December 15, 2008, February 19, April 30, May 26, June 10, September 17, 2009, June 17 (proprietary information not publicly available), July 9, July 26, and August 24, 2010, the certificate holder

(TN)submitted an application to the NRC to amend CoC No. 1030 to revise the definitions for Damaged Fuel Assembly and Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class fuel assemblies as authorized contents; reduce the minimum off-normal ambient temperature from −20 °F to −21 °F; expand the authorized contents of the NUHOMS ® HD System to include pressurized water reactor fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; clarify the requirements for neutron absorber tests; delete use of nitrogen for draining the water from the DSC, and allow only helium as a cover gas during DSC cavity water removal operations; and make corresponding changes to TS 1.1, 2.1, 2.2.3, 3.1, 3.2, 4.3.1, 4.6.3(5), 5.2.5, 5.3.2, and 5.6. Tables 1 and 5 are deleted and replaced with TS 2.1, and Tables 2, 3, 4, and 7 are revised to incorporate TS changes. The alternative to this action is to withhold approval of Amendment No. 1 and to require any Part 72 general licensee, seeking to load spent nuclear fuel into NUHOMS ® HD System casks under the changes described in Amendment No. 1, to request an exemption from the requirements of 10 CFR 72.212 and 72.214. Under this alternative, each interested Part 72 licensee would have to prepare, and the NRC would have to review, a separate exemption request, thereby increasing the administrative burden upon the NRC and the costs to each licensee. Approval of the direct final rule is consistent with previous NRC actions. Further, as documented in the SER and the environmental assessment, 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 regulatory analysis, 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 Under 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 nuclear power plant licensees and TN. These entities do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). Backfit Analysis The NRC has determined that the backfit rule (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 in 10 CFR Chapter 1. Therefore, a backfit analysis is not required. Congressional Review Act Under 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, OMB. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Hazardous waste, Nuclear materials, Occupational safety and health, 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; the Nuclear Waste Policy Act of 1982, 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); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1030 is revised to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1030. Initial Certificate Effective Date: January 10, 2007. Amendment Number 1 Effective Date: March 29, 2011. SAR Submitted by: Transnuclear, Inc. SAR Title: Final Safety Analysis Report for the NUHOMS ® HD Horizontal Modular Storage System for Irradiated Nuclear Fuel. Docket Number: 72-1030. Certificate Expiration Date: January 10, 2027. Model Number: NUHOMS ® HD-32PTH. Dated at Rockville, Maryland, this 13th day of December 2010. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. 2011-642 Filed 1-12-11; 8:45 am]

Connectionstraces to 23

Traces to 23 documents

CFR

U.S. Code