Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations 62599

maximum extent practicable, the need

for additional site reviews. This

alternative also would tend to exclude

new vendors from the business market

without cause and would arbitrarily

limit the choice of cask designs

available to power reactor licensees.

This final rule will eliminate the above

problems and is consistent with

previous NRC actions. Further, the rule

will have no adverse effect on public

health and safety.

The benefit of this rule to nuclear

power reactor licensees is to make

available a greater choice of spent fuel

storage cask designs that can be used

under a general license. The new cask

vendors with casks to be listed in 10

CFR 72.214 benefit by having to obtain

NRC certificates only once for a design

that can then be used by more than one

power reactor licensee. The NRC also

benefits because it will need to certify

a cask design only once for use by

multiple licensees. Casks approved

through rulemaking are to be suitable

for use under a range of environmental

conditions sufficiently broad to

encompass multiple nuclear power

plants in the United States without the

need for further site-specific approval

by NRC. Vendors with cask designs

already listed may be adversely

impacted because power reactor

licensees may choose a newly listed

design over an existing one. However,

the NRC is required by its regulations

and NWPA direction to certify and list

approved casks. This 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 final rule are

commensurate with the Commission’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

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 rule

affects only the licensing and operation

of nuclear power plants, independent

spent fuel storage facilities, and NAC.

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 rule

because this amendment does not

involve any provisions that would

impose backfits as defined in the backfit

rule. Therefore, a backfit analysis is not

required.

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.

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 proposing to adopt 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 § 72.214, CoC 1015 is added to

read as follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1015.

SAR Submitted by: NAC

International, Inc.

SAR Title: Final Safety Analysis

Report for the NAC–UMS Universal

Storage System.

Docket Number: 72–1015.

Certificate Expiration Date: November

20, 2020.

Model Number: NAC–UMS.

* * * * *

Dated at Rockville, Maryland, this 2nd day

of October ,2000.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 00–26888 Filed 10–18–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 705

[Docket No. 000601164–0164–01]

RIN 0694–AC07

Effect of Imported Articles on the

National Security

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: The Department of Commerce

is amending its regulation on the ‘‘Effect

of Imported Articles on the National

Security’’ to reduce the number of

copies of a request or application for an

investigation to be filed with the

Department from 12 copies to 1 copy,

plus the original, thereby reducing the

burden on the applicant.

EFFECTIVE DATE: This rule is effective

November 20, 2000.

FOR FURTHER INFORMATION CONTACT: Brad

Botwin, Director, Strategic Analysis

Division, Office of Strategic Industries

and Economic Security, Room 3876,

62600 Federal Register / Vol. 65, No. 203 / Thursday, October 19, 2000 / Rules and Regulations

U.S. Department of Commerce, 14th

Street and Constitution Avenue,

Washington, DC 20230; telephone: (202)

482–4060, FAX: (202) 482–5650, and EMail: bbotwin@bxa.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

Section 232 of the Trade Expansion

Act of 1962, as amended (19 U.S.C.

1862) (the Act) authorizes investigations

to determine the effects on the national

security of imports of articles which are

the subject of a request or application

for an investigation. The implementing

regulation, ‘‘Effect of Imported Articles

on the National Security’’ (15 CFR Part

705)), prescribes procedures to be

followed by the Department of

Commerce (the Department) to

commence and conduct such

investigations.

Consistent with amendments in 1995

to the Paperwork Reduction Act of 1980

to reduce the paperwork burden on

persons submitting a request or

application for an investigation, section

705.5 of this regulation is being

amended to reduce the number of

copies of a request or application for

and investigation to be filed with the

Department from 12 copies to 1 copy,

plus the original.

Accordingly, section 705.5 of the

regulation is revised to require that an

original and 1 copy of a request or

application for an investigation be filed

with the Director, Office of Strategic

Industries and Economic Security,

Room 3876, U.S. Department of

Commerce, Washington, DC 20230.

Rulemaking Requirements

The Department has made certain

determinations with respect to the

following rulemaking requirements:

1. This final rule has been determined

to be not significant for purposes of

Executive Order 12866.

2. Notwithstanding any other

provision of law, no person is required

to, nor shall a person be subject to a

penalty for failure to comply with a

collection of information, subject to the

Paperwork Reduction Act (PRA), unless

that collection of information displays a

currently valid OMB Control Number.

This rule involves collections of

information subject to the Paperwork

Reduction Act of 1995 (U.S.C. 3501 et

seq.). This regulation involves

collections previously approved by the

Office of Management and Budget under

Control Number 0694–0120, ‘‘Procedure

to Initiate an Investigation Under the

Trade Expansion Act of 1962’’, which

carries a burden hour estimate of 12

hours per submission.

3. Executive Order 13132: This

proposed rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under E.O. 13132.

4. Administrative Procedure Act and

Regulatory Flexibility Act: The

provisions of the Administrative

Procedure Act (5 U.S.C. 553) requiring

notice of proposed rulemaking, the

opportunity for public participation and

a delay in effective date, are

inapplicable because this regulation

relates to agency procedures (Sec. 5

U.S.C. 553 (b)(A)). Further, no other law

requires that a notice of proposed

rulemaking and an opportunity for

public comment be given for this rule.

Because a notice of proposed

rulemaking and an opportunity for

public comment are not required to be

given for this rule under 5 U.S.C. 553 or

by any other law, the analytical

requirements of the Regulatory

Flexibility Act ( 5 U.S.C. 601 et seq.) are

not applicable.

List of Subjects in 15 CFR Part 705

Administrative practice and

procedure, Business and industry,

Classified information, Confidential

business information, Imports,

Investigations, National Security.

For the reasons set forth in the

preamble, part 705 of Chapter VIII,

Subchapter A, National Security

Industrial Base Regulations (15 CFR part

705) is amended as follows:

PART 705—[AMENDED]

1. The authority citation for Part 705

is revised to read as follows:

Authority: Sec 232, Trade Expansion Act

of 1962, as amended (19 U.S.C. 1862)

2. Section 705.5 is amended by

revising paragraph (a) to read as follows:

§ 705.5 Request or application for an

investigation.

(a) A request or application for an

investigation shall be in writing. The

original and 1 copy shall be filed with

the Director, Office of Strategic

Industries and Economic Security,

Room 3876, U.S. Department of

Commerce, Washington, DC 20230.

* * * * *

Dated: October 11, 2000.

R. Roger Majak,

Assistant Secretary for Export

Administration.

[FR Doc. 00–26780 Filed 10–18–00; 8:45 am]

BILLING CODE 3810–JT–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 732, 734, 740, 742, 744,

748, 770, 772 and 774

[Docket No. 001006282–0282–01]

RIN 0694–AC32

Revisions to Encryption Items

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: This rule amends the Export

Administration Regulations (EAR) and

implements the July 17 White House

announcement to streamline the export

and reexport of encryption items to

European Union (EU) member states,

Australia, Czech Republic, Hungary,

Japan, New Zealand, Norway, Poland

and Switzerland under License

Exception ENC. The 30-day waiting

period and the previous distinction

between government and nongovernment end-users are removed by

this rule for these destinations. This rule

makes further revisions and

clarifications to the rule published on

January 14, 2000 including changes in

the treatment of products incorporating

short-range wireless technologies, open

cryptographic interfaces, beta test

software, encryption source code, and

U.S. content (de minimis) requirements.

This rule also allows, for the first time,

exporters to self-classify unilateral

controlled encryption products (that fall

under Export Control Classification

Numbers (ECCNs) 5A992, 5D992 and

5E992) upon notification to the Bureau

of Export Administration (BXA).

Restrictions on exports by U.S. persons

to terrorist-supporting states (Cuba, Iran,

Iraq, Libya, North Korea, Sudan or

Syria), their nationals and other

sanctioned entities are not changed by

this rule.

DATES: This rule is effective October 19,

2000.

FOR FURTHER INFORMATION CONTACT:

James A. Lewis, Director, Office of

Strategic Trade, at (202) 482–4196.

SUPPLEMENTARY INFORMATION:

Background

On July 17, 2000, the United States

announced further updates to its

encryption export policy coinciding

with the recent regulations adopted by

the European Union which ease exports

among 23 countries. This action is

consistent with the Administration’s

decision to ensure that U.S. companies

are not disadvantaged by such changes

and will be able to compete effectively