Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations 25265

rule. Therefore, a backfit analysis is not

required.

List of Subjects in 10 CFR Part 72

Administrative practice and

procedure, Hazardous waste, Nuclear

materials, Occupational safety and

health, Penalities, Radiation protection,

Reporting and recordkeeping

requirements, Security measures, Spent

fuel, Whistleblowing.

For the reasons set out in the

preamble and under the authority of the

Atomic Energy Act of 1954, as amended;

the Energy Reorganization Act of 1974,

as amended; and 5 U.S.C. 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 AND HIGH-LEVEL

RADIOACTIVE 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. 10d–

48b, sec. 7902, 10b Stat. 31b3 (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).

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 Section 72.214, Certificate of

Compliance 1014 is added to read as

follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1014.

SAR Submitted by: Holtec

International.

SAR Title: Final Safety Analysis

Report for the HI–STORM 100 Cask

System.

Docket Number: 72–1014.

Certificate Expiration Date: June 1,

2020.

Model Number: HI–STORM 100.

Dated at Rockville, Maryland, this 12th day

of April, 2000.

For the Nuclear Regulatory Commission.

Frank J. Miraglia, Jr.,

Acting Executive Director for Operations.

[FR Doc. 00–10393 Filed 4–28–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 420

[Docket No. EE–RM–96–402]

RIN 1904–AB01

State Energy Program

AGENCY: Office of Energy Efficiency and

Renewable Energy, DOE.

ACTION: Final rule.

SUMMARY: Today the Department of

Energy (DOE or Department) adopts an

interim final rule published on August

24, 1999 revising the regulations for its

State Energy Program. Because there

were no comments received in response

to the program’s interim final rule, that

rule is being adopted as a final rule

without change.

EFFECTIVE DATE: May 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Thomas P. Stapp, Office of Building

Technology, State and Community

Programs, Department of Energy, Mail

Stop 5E–080, EE–42, Forrestal Building,

1000 Independence Avenue, SW,

Washington, DC 20585, (202) 586–2096.

SUPPLEMENTARY INFORMATION:

I. Introduction and Description of the

Program

II. Review Under Executive Order 12866

III. Review Under Executive Order 12988

IV. Review Under Executive Order 13132

V. Review Under the Paperwork Reduction

Act

VI. Review Under the National

Environmental Policy Act

VII. Review Under the Small Business

Regulatory Enforcement Fairness Act of

1996

VIII. Review Under the Unfunded Mandates

Reform Act of 1995

IX. Review Under the Regulatory Flexibility

Act

X. The Catalog of Federal Domestic

Assistance

I. Introduction and Description of the

Program

On August 24, 1999, the Department

published in the Federal Register an

interim final rule (64 FR 46111) revising

the regulations for its State Energy

Program (SEP or program). This rule

provides for the possibility of certain

activities being funded under the

Special Projects part of the program that

are not permitted under the formula

grant part of the program. The rule also

provides for the specification of any

Special Projects funding limitations by

the sector specific program offices

providing the Special Projects funding,

and clarifies the applicability of Subpart

B to the formula grant part of the

program and of Subpart C to the Special

Projects part of the program.

The program provides formula grants

to States for a wide variety of energy

efficiency and renewable energy

initiatives, and, in years when funding

is available, may also offer financial

assistance for a number of State-oriented

competitively awarded Special Projects

activities with funding contributed by

the Office of Energy Efficiency and

Renewable Energy’s End-Use Sector

Programs. Special Projects have been

funded in every fiscal year since SEP

was established in 1996. DOE expects

the Special Projects part of SEP to

continue in future years.

Among the goals of the SEP Special

Projects activities are to assist States to:

accelerate deployment of energy

efficiency and renewable energy

technologies; facilitate the acceptance of

emerging and under utilized energy

efficiency and renewable energy

technologies; and increase the

responsiveness of Federally funded

technology development efforts to

private sector needs.

The interim final rule published on

August 24, 1999 announced a 30-day

public comment period that closed on

September 23, 1999. We received no

comments regarding the changes made

under 10 CFR part 420, and those

changes are made final. Therefore, this

rule is adopted as it was published in

the program’s interim rule on August

24, 1999 (64 FR 46111).

II. Review Under Executive Order

12866

Today’s regulatory action has been

determined not to be a significant

regulatory action under Executive Order

12866, ‘‘Regulatory Planning and

Review,’’ 58 FR 51735 (October 4, 1993).

Accordingly, this action was not subject

to review under the Executive Order by

the Office of Information and Regulatory

Affairs (OIRA).

25266 Federal Register / Vol. 65, No. 84 / Monday, May 1, 2000 / Rules and Regulations

III. Review Under Executive Order

12988

Section 3 of Executive Order 12988,

61 FR 4729 (February 7, 1996), instructs

each agency to adhere to certain

requirements in promulgating new

regulations. These requirements, set

forth in Section 3(a) and (b), include

eliminating drafting errors and needless

ambiguity, drafting the regulations to

minimize litigation, providing clear and

certain legal standards for affected legal

conduct, and promoting simplification

and burden reduction. Agencies are also

instructed to make every reasonable

effort to ensure that the regulation

describes any administrative proceeding

to be available prior to judicial review

and any provisions for the exhaustion of

administrative remedies. The

Department has determined that today’s

regulatory action meets the

requirements of Section 3(a) and (b) of

Executive Order 12988.

IV. Review Under Executive Order

13132

Executive Order 13132 (64 FR 43255,

August 4, 1999) imposes certain

requirements on agencies formulating

and implementing policies or

regulations that preempt State law or

that have federalism implications.

Agencies are required to examine the

constitutional and statutory authority

supporting any action that would limit

the policymaking discretion of the

States and carefully assess the necessity

for such actions. DOE has examined

today’s rule and has determined that it

does not preempt State law and does not

have a substantial direct effect on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. No further action

is required by Executive Order 13132.

V. Review Under the Paperwork

Reduction Act

No new information collection or

record keeping requirements are

imposed on the public by today’s rules.

VI. Review Under the National

Environmental Policy Act

A programmatic environmental

assessment has been prepared covering

the grant program under the final rule

published today which was sent to the

States for comment on March 27, 1996.

No comments were received by the end

of the 14-day comment period. This

programmatic environmental

assessment resulted in a finding of no

significant impact (FONSI). A FONSI

was issued on June 7, 1996. The

documents relating to this programmatic

environmental assessment are available

in the DOE Freedom of Information

Reading Room, United States

Department of Energy, Room 1E–190,

Forrestal Building, 1000 Independence

Avenue, SW, Washington, DC 20585,

(202) 586–3142.

VII. Review Under the Small Business

Regulatory Enforcement Fairness Act of

1996

The final rule published today is

subject to the Congressional notification

requirements of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Act), 5 U.S.C. 801. DOE will

report to Congress on the promulgation

of the final rule prior to the effective

date set forth at the beginning of this

notice.

VIII. Review Under the Unfunded

Mandates Reform Act 1995

The Unfunded Mandates Reform Act

of 1995 (Pub. L. 104–4) places a variety

of review and consultative obligations

on Federal agencies proposing

regulatory actions for Federal

intergovernmental mandates. Today’s

rule does not involve such a mandate

because the Unfunded Mandates Reform

Act excludes from the definition of

‘‘Federal intergovernmental mandate’’

provisions in a regulation that would

impose conditions incident to a

financial assistance program (not

involving an entitlement) or a duty

arising from participation in a voluntary

Federal program 2 U.S.C. 658(5). This

program is a standard non-entitlement

financial assistance program and States

are not obligated to participate in it.

IX. Review Under the Regulatory

Flexibility Act

The regulatory flexibility analysis

requirements in the Regulatory

Flexibility Act, 5 U.S.C 601 et seq., do

not apply to this final rule because a

general notice of proposed rulemaking

was not required by law.

X. The Catalog of Federal Domestic

Assistance

The Catalog of Federal Domestic

Assistance number for the State Energy

Program is 81.041. The Catalog of

Federal Domestic Assistance number for

the State Energy Program Special

Projects is 81.119.

List of Subjects in 10 CFR Part 420

Energy conservation, Grant

programs—energy, Incorporation by

reference, Reporting and record keeping

requirements, Technical assistance.

Issued in Washington, DC, on April 25,

2000.

Dan W. Reicher,

Assistant Secretary, Energy Efficiency and

Renewable Energy.

Accordingly, the interim rule

amending 10 CFR part 420 which was

published at 64 FR 46111 on August 24,

1999 is adopted as a final rule without

change.

[FR Doc. 00–10753 Filed 4–28–00; 8:45 am]

BILLING CODE 6450–01–P

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 790

Federal Credit Unions; Miscellaneous

Technical Amendment

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Final rule.

SUMMARY: The National Credit Union

Administration (NCUA) is renaming its

Office of Technology and Information

Services to make it more consistent with

other government agencies. This

amendment is technical rather than

substantive.

DATES: This rule is effective May 1,

2000.

FOR FURTHER INFORMATION CONTACT:

Chrisanthy J. Loizos, Staff Attorney,

Division of Operations, Office of

General Counsel, (703) 518–6540,

National Credit Union Administration,

1775 Duke Street, Alexandria, VA

22314–3428.

SUPPLEMENTARY INFORMATION: In 1994,

NCUA changed the name of its Office of

Information Systems to the Office of

Technology and Information Services.

59 FR 47072, Sept. 14, 1994. On

November 18, 1999, the NCUA Board

voted to rename this office as the Office

of the Chief Information Officer (OCIO).

This name is more consistent with

similar offices within other government

agencies and private industry.

Additionally, the name is comparable to

the offices of other NCUA executive

staff, such as the Office of Chief

Financial Officer, Office of the

Executive Director, Office of General

Counsel, and Office of the Inspector

General. 12 CFR 790.2(b). The name

change does not alter the description or

responsibilities of the OCIO.

Regulatory Procedures

Final Rule Under the Administrative

Procedure Act

The amendment to the final rule is

technical rather than substantive. NCUA