This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

75869

Vol. 65, No. 234

Tuesday, December 5, 2000

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 72

RIN 3150—AG66

List of Approved Spent Fuel Storage

Casks: TN–32 Revision

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is proposing to

amend its regulations revising the

Transnuclear, Inc. TN–32 cask system

listing within the ‘‘List of Approved

Spent Fuel Storage Casks’’ to include

Amendment No. 1 to the Certificate of

Compliance (CoC). This amendment

will allow holders of power reactor

operating licenses to store spent fuel in

the cask under the revised conditions.

The changes proposed for Amendment

No. 1 to the TN–32 CoC include the

addition of the B&W/FCF 17 x 17 Mark

BW assembly to the Technical

Specification for ‘‘Fuel to be stored in

the TN–32 Cask,’’ with revised

bounding characteristics, and (2) a

revised TS for ‘‘Site Specific Parameters

and Analysis,’’ to allow analysis of

verification of allowable seismic loads.

DATES: Comments on the proposed rule

must be received on or before January 4,

2001.

ADDRESSES: Submit comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attn: Rulemakings and

Adjudications Staff.

Deliver comments to 11555 Rockville

Pike, Rockville, MD, between 7:30 a.m.

and 4:15 p.m. on Federal workdays.

You may also provide comments via

the NRC’s interactive rulemaking

website (http://ruleforum.llnl.gov). This

site provides the capability to upload

comments as files (any format) if your

web browser supports that function. For

information about the interactive

rulemaking site, contact Ms. Carol

Gallagher (301) 415–5905; e-mail

CAG@nrc.gov.

Certain documents related to this rule,

including comments received, may be

examined at the NRC Public Document

Room, 11555 Rockville Pike, Rockville,

MD. These documents also may be

viewed and downloaded electronically

via the rulemaking website.

Documents created or received at the

NRC after November 1, 1999, are also

available electronically at the NRC’s

Public Electronic Reading Room on the

Internet at http://www.nrc.gov/NRC/

ADAMS/index.html. From this site, the

public can gain entry into the NRC’s

Agencywide Document Access and

Management System (ADAMS), which

provides text and image files of NRC’s

public documents. For more

information, contact the NRC Public

Document Room (PDR) Reference staff

at 1–800–397–4209, 301–415–4737, or

by email to pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

Roger W. Broseus, telephone (301) 415–

7608, e-mail rwb@nrc.gov of the Office

of Nuclear Material Safety and

Safeguards, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001.

SUPPLEMENTARY INFORMATION: For

additional information, see the Direct

Final Rule published in the final rules

section of this Federal Register.

Procedural Background

The NRC is also publishing this

amendment as a direct final rule

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. This

amendment is not considered to be a

significant amendment by the NRC staff.

The direct final rule will become

effective on February 20, 2001.

However, if the NRC receives significant

adverse comments on the direct final

rule by January 4, 2001, then the NRC

will publish a notice to withdraw the

direct final rule. If the direct final rule

is withdrawn, the NRC will address the

comments received in response to the

proposed revisions in a subsequent final

rule. Absent significant modifications to

the proposed revisions requiring

republication, the NRC will not initiate

a second comment period for this action

if the direct final rule is withdrawn.

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, Certificate of

Compliance 1021 is revised to read as

follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1021

75870 Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Proposed Rules

1See Conference of State Bank Supervisors v.

Conover, 715 F.2d 604, 615 (D.C. Cir. 1983)

(confirming the OCC’s interpretation of how the

national treatment principle applies).

2 12 CFR 4.7 generally provides that the OCC may

conduct a full-scope, on-site examination of certain

well capitalized and well managed Federal

branches and agencies at least once during each 18-

month period, rather than each 12-month period.

The FRB applies the same capital and management

requirements when determining whether a State

branch or agency will be subject to the 18-month

examination schedule. 12 CFR 211.26(c)(2).

Initial Certificate Effective Date: April

19, 2000

Amendment Number 1 Effective Date:

February 20, 2001

SAR Submitted by: Transnuclear, Inc.

SAR Title: Final Safety Analysis Report

for the TN–32 Dry Storage Cask

Docket Number: 72–1021

Certificate Expiration Date: April 19,

2020

Model Number: TN–32, TN–32A, TN–

32B

* * * * *

Dated at Rockville, Maryland, this 16th day

of November, 2000.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 00–30907 Filed 12–4–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

12 CFR Part 5

[Docket No. 00–32]

RIN 1557–AB92

Operating Subsidiaries of Federal

Branches and Agencies

AGENCY: Office of the Comptroller of the

Currency, Treasury.

ACTION: Proposed rule.

SUMMARY: Consistent with the principle

of national treatment for foreign banks

operating in the United States

established by the International Banking

Act of 1978, the Office of the

Comptroller of the Currency (OCC)

proposes to enable a Federal branch or

agency to establish or maintain an

operating subsidiary in generally the

same manner that a national bank may

establish or control an operating

subsidiary.

DATES: Comments must be received by

February 5, 2001.

ADDRESSES: Please direct comments to:

Office of the Comptroller of the

Currency, Public Information Room, 250

E Street, SW, Mail Stop 1–5,

Washington, DC, 20219, Attention:

Docket No. 00–32. In addition,

comments may be sent by facsimile

transmission to fax number 202–874–

5274, or by electronic mail to regs.

comments@occ.treas.gov. Comments

may be inspected and photocopied at

the OCC’s Public Reference Room, 250

E. Street, SW, Washington, DC, between

9 a.m. and 4:30 p.m. on business days.

You can make an appointment to

inspect the comments by calling 202–

874–5043.

FOR FURTHER INFORMATION CONTACT:

Martha Clarke, Senior Attorney,

International Activities Division, 202–

874–0680; Stuart Feldstein, Assistant

Director, Legislative and Regulatory

Activities Division, 202–874–5090;

Heidi M. Thomas, Senior Attorney,

Legislative and Regulatory Activities

Division, 202–874–5090, or Carlos

Hernandez, Senior International

Advisor, International Banking and

Finance Division, 202–874–4730.

SUPPLEMENTARY INFORMATION:

Background

The International Banking Act of 1978

(12 U.S.C. 3101 et seq.) (the IBA) applies

the national treatment principle to the

regulation of foreign bank activities in

the United States. Specifically, under

the national treatment principle

established by the IBA, the operations of

a foreign bank conducted through a

Federal branch or agency shall be

conducted with the same rights,

privileges, conditions, and limitations

that apply to a national bank operating

at the same location, subject to the

OCC’s regulations.1 12 U.S.C. 3102(b).

For example, the powers of national

banks that are set forth in the National

Bank Act, such as lending money and

engaging in certain securities and

insurance sales activities, are not

expressly repeated in the IBA but are

provided to Federal branches and

agencies by operation of section 3102(b).

Congress has subsequently enacted

other legislation that confirms that the

IBA need not be amended each time

there is a change to the banking laws

that affects national banks, unless the

IBA prohibits or limits that specific

activity. For example, when Congress

authorized broader leasing authority for

national banks in 1987, Federal

branches and agencies could avail

themselves of this authority by

operation of section 3102(b) of the IBA.

Thus, it is not necessary to amend the

IBA to authorize Federal branches and

agencies to take advantage of powers

authorized for national banks.

Consistent with these principles, this

proposal provides that a Federal branch

or agency may establish an operating

subsidiary to the same extent as a

similarly situated national bank.

Description of the Proposal

12 CFR 5.34 sets forth application or

notice procedures for national banks

engaging in activities through an

operating subsidiary and lists the

activities that qualify for the notice

procedures. The proposal provides that

§ 5.34 applies to a Federal branch or

agency that seeks to establish or

maintain any subsidiary that a national

bank would be authorized to establish

or control under § 5.34. The procedures

of § 5.34 apply to the Federal branch or

agency with certain modifications that

reflect the differences in the nature of

Federal branches and agencies

compared to national banks.

Section 5.34(e)(5)(iv) provides that a

national bank that is well capitalized

and well managed may acquire or

establish an operating subsidiary, or

perform a new activity in an existing

operating subsidiary, by filing a notice

with the OCC within 10 days after

acquiring or establishing the subsidiary,

or commencing the activity, if the

activities are listed in § 5.34(e)(5)(v).

National banks that do not meet the well

capitalized and well managed criteria

also may acquire or establish an

operating subsidiary by filing an

application with, and receiving

approval from, the OCC. 12 CFR

5.34(e)(5)(i). Finally, § 5.34(e)(5)(vi)

provides that a national bank may

acquire or establish an operating

subsidiary without filing an application

or providing notice to the OCC, if the

bank is adequately capitalized or well

capitalized and the activities of the new

subsidiary meet certain conditions.

Under the proposal, a Federal branch

or agency is considered well capitalized

for purposes of § 5.34 if it meets the

definition of ‘‘well capitalized’’ that the

OCC uses when authorizing an extended

examination cycle for certain Federal

branches and agencies. See 12 CFR

4.7(b)(1)(iii).2 Section 4.7(b)(1)(iii)

requires that: a foreign bank’s most

recently reported capital adequacy

position consists of, or is equivalent to,

Tier 1 and total risk-based capital ratios

of at least 6 percent and 10 percent,

respectively, on a consolidated basis; or

the Federal branch or agency has

maintained on a daily basis, over the

past three quarters, eligible assets in an

amount not less than 108 percent of the

preceding quarter’s average third party

liabilities (determined consistent with

applicable Federal and state law), and