38720 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

conflict with NWPA direction to the

NRC to approve technologies for the use

of spent fuel storage at the sites of

civilian nuclear power reactors without,

to the maximum extent practicable, the

need for additional site-specific

approvals by the NRC. This alternative

does not foster competition because it

would tend to favor new vendors

without cause and would arbitrarily

limit the choice of cask system designs

available to power reactor licensees.

Approval of the direct final rule

would eliminate the above problems

and is consistent with previous NRC

actions. Further, the direct final rule

will have no adverse effect on public

health and safety. This direct final rule

has no significant identifiable impact or

benefit on other Government agencies.

Based on the above discussion of the

benefits and impacts of the alternatives,

the NRC concludes that the

requirements of the direct final rule are

commensurate with the NRC’s

responsibilities for public health and

safety and the common defense and

security. No other available alternative

is believed to be as satisfactory, and

thus, this action is recommended.

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the NRC has

determined that this action is not a

major rule and has verified this

determination with the Office of

Information and Regulatory Affairs,

Office of Management and Budget.

Regulatory Flexibility Certification

In accordance with the Regulatory

Flexibility Act of 1980 (5 U.S.C. 605(b)),

the NRC certifies that this rule will not,

if promulgated, have a significant

economic impact on a substantial

number of small entities. This direct

final rule affects only the licensing and

operation of nuclear power plants,

independent spent fuel storage facilities,

and PSNA. The companies that own

these plants do not fall within the scope

of the definition of ‘‘small entities’’ set

forth in the Regulatory Flexibility Act or

the Small Business Size Standards set

out in regulations issued by the Small

Business Administration at 13 CFR part

121.

Backfit Analysis

The NRC has determined that the

backfit rule (10 CFR 50.109 or 10 CFR

72.62) does not apply to this direct final

rule because this amendment does not

involve any provisions that would

impose backfits as defined. Therefore, a

backfit analysis is not required.

List of Subjects in 10 CFR Part 72

Criminal penalties, Manpower

training programs, Nuclear materials,

Occupational safety and health,

Reporting and recordkeeping

requirements, Security measures, Spent

fuel.

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. Section 72.214, Certificate of

Compliance (CoC) 1007 is revised to

read as follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1007.

Initial Certificate Effective Date: May 7,

1993.

Amendment Number 1 Effective Date:

May 30, 2000.

Amendment Number 2 Effective Date:

September 5, 2000.

SAR Submitted by: Pacific Sierra

Nuclear Associates.

SAR Title: Final Safety Analysis Report

for the Ventilated Storage Cask

System.

Docket Number: 72–1007.

Certificate Expiration Date: May 7, 2013.

Model Number: VSC–24.

* * * * *

Dated at Rockville, Maryland, this 25th day

of May, 2000.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 00–15540 Filed 6–21–00; 8:45am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–8]

Amendment to Class E Airspace;

Sheldon, IA

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This document confirms the

effective date of a direct final rule which

revises Class E airspace at Sheldon, IA.

DATES: The direct final rule published at

65 FR 20724 is effective on 0901 UTC,

August 10, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, DOT

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION:

The FAA published this direct final

rule with a request for comments in the

Federal Register on April 18, 2000 (65

FR 20724). The FAA uses the direct

final rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

August 10, 2000. No adverse comments

were received, and thus this notice

confirms that this direct final rule will

become effective on that date.

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38721

Issued in Kansas City, MO on June 7, 2000.

Herman J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 00–15533 Filed 6–21–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–14]

Amendment to Class E Airspace; Pratt,

KS

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends Class E

airspace area at Pratt Municipal Airport,

Pratt, KS. A review of the Class E

airspace area for Pratt Municipal Airport

indicates it does not comply with the

criteria for 700 feet Above Ground Level

(AGL) airspace required for diverse

departures as specified in FAA Order

7400.2D. The Class E airspace has been

enlarged to conform to the criteria of

FAA Order 7400.2D.

The intended effect of this rule is to

provide additional controlled Class E

airspace for aircraft operating under

Instrument Flight Rules (IFR) and

comply with the criteria of FAA Order

7400.2D.

EFFECTIVE DATE: 0901 UTC, October 5,

2000.

Comments for inclusion in the Rules

Docket must be received on or before

August 3, 2000.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, DOT Regional Headquarters

Building, Federal Aviation

Administration, Docket Number 00–

ACE–14, 901 Locust, Kansas City, MO

64106.

The official dock may be examined in

the Office of the Regional Counsel for

the Central Region at the same address

between 9 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division at the same

address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, DOT

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This

amendment to 14 CFR 71 revises the

Class E airspace at Pratt, KS. A review

of the Class E airspace for Pratt

Municipal Airport, KS, indicates it does

not meet the criteria for 700 feet AGL

airspace required for diverse departures

as specified in FAA Order 7400.2D. The

criteria in FAA Order 7400.2D for an

aircraft to reach 1200 feet AGL is based

on a standard climb gradient of 200 feet

per miles plus the distance from the

Airport Reference Point (ARP) to the

end the outermost runway. Any

fractional part of a mile is converted to

the next higher tenth of a mile. The

amendment at Pratt Municipal Airport,

KS, will provide additional controlled

airspace for aircraft operating under IFR,

and comply with the criteria of FAA

Order 7400.2D. The area will be

depicted on appropriate aeronautical

charts. Class E airspace areas extending

upward from 700 feet or more above the

surface of the earth are published in

paragraph 6005 of FAA Order 7400.9G,

dated September 10, 1999, and effective

September 16, 1999, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and, therefore, is

issuing it as a direct final rule. Previous

actions of this nature have not been

controversial and have not resulted in

adverse comments or objections. The

amendment will enhance safety for all

flight operations by designating an area

where VFR pilots may anticipate the

presence of IFR aircraft at lower

altitudes, especially during inclement

weather conditions. A greater degree of

safety is achieved by depicting the area

on aeronautical charts. Unless a written

adverse or negative comment, or a

written notice of intent to submit an

adverse or negative comment is received

within the comment period, the

regulation will become effective on the

date specified above. After the close of

the comment period, the FAA will

published a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register, and

a notice of proposed rulemaking may be

published with a new comment period.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy-related

aspects of the rules that might suggest

a need to modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rule Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this

action will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 00–ACE–14.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

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. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation: (1) Is not a ‘‘significant

regulatory action’’ under Executive

Order 12866; (2) is not a ‘‘significant

rule’’ under Department of

Transportation (DOT) Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979); and (3) if