Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Notices 26507

So ordered by the Commission, this 20th

day of May, 1996.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

Complaint

The staff of the Consumer Product

Safety Commission (‘‘staff’’) contends

that Burlington Coat Factory Warehouse

Corporation, a corporation

(‘‘Respondent’’), is subject to the

provisions of the Consumer Product

Safety Act, 15 U.S.C. 2051 et seq.

(CPSA); the Flammable Fabrics Act, 15

U.S.C. 1191 et seq. (FFA); the Federal

Trade Commission Act (15 U.S.C. 41 et

seq. (FTC); and the Standard for the

Flammability of Clothing Textiles, 16

C.F.R. part 1601 (‘‘the general wearing

apparel standard’’). The staff further

contends Respondent violated the

general wearing apparel standard’s

provisions related to the flammability of

certain women’s rayon sheer chiffon

skirts and scarves.

Based upon the information provided

to the Commission by the staff, the

Commission determined it is in the

public interest to issue this Complaint.

Therefore, by virtue of the authority

vested in the Commission by section

30(b) of the CPSA, 15 U.S.C. 2079(b);

sections 3 and 5 of the FFA, 15 U.S.C.

45; and in accordance with the

Commission’s Rules of Practice for

Adjudicative Proceedings, 16 CFR Part

1025, the Commission hereby issues this

Complaint and states the staff’s charges

as follows:

1. Respondent Burlington Coat

Factory is a corporation organized and

existing under the laws of the State of

Delaware with principal corporate

offices at 1830 Route 130 N, Burlington,

New Jersey, 08016.

2. Respondent is and has been

engaged in one or more of the following

activities: the sale, or the offering for

sale, in commerce, of women’s sheer

chiffon rayon skirts and scarves subject

to the general wearing apparel

standards.

3. In 1994 and 1995, Respondent sold

and offered for sale women’s 100%

rayon sheer chiffon skirts and scarves

that did not comply with the

flammability requirements for general

wearing apparel.

4. As the result of these failures to

comply with the general wearing

apparel standard, Respondent sold, or

offered for sale, in commerce, a

significant number of women’s garments

purchased from several different

importers that failed to comply with the

general wearing apparel flammability

standards.

5. After being informed of the

violations involving sheer chiffon skirts

by the Commission staff in 1994,

Respondent nevertheless sold and

offered for sale sheer chiffon scarves

that did not comply with the applicable

flammability requirements.

Relief Sought

Wherefore, the staff requests the

Commission to issue an order requiring

the Respondent to:

Cease and desist from the sale, or the

offering for sale, in commerce, delivery

for introduction, transportation in

commerce, or the sale or delivery after

sale or shipment in commerce, of rayon

sheer chiffon skirts and scarves subject

to the general wearing apparel standards

that fail to comply with such standards.

Wherefore, the premises considered,

the Commission hereby issues this

Complaint on the ll day of lll,

1996.

Dated:

By direction of the Commission:

David Schmeltzer,

Assistant Executive Director, Office of

Compliance.

[FR Doc. 96–13203 Filed 5–24–96; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF ENERGY

Establishment of the Fee Policy for

Acceptance of Foreign Research

Reactor Spent Nuclear Fuel

AGENCY: Department of Energy.

ACTION: Notice of establishment of the

fee policy for acceptance of foreign

research reactor spent nuclear fuel.

SUMMARY: This notice establishes the fee

policy for receipt and management of

spent nuclear fuel from foreign research

reactors by the Department of Energy

(DOE). DOE’s foreign research reactor

spent fuel acceptance policy covers

aluminum-based and TRIGA (Training,

Research, Isotope, General Atomics)

spent fuel and target material containing

uranium enriched in the United States.

For high-income economy countries, the

fee will be no higher than $4,500 per

kilogram of total mass for aluminum

based spent fuel containing highly

enriched uranium (HEU) and TRIGA

spent fuel, and no higher than $3,750

per kilogram of total mass for aluminum

based spent fuel containing low

enriched uranium (LEU). The cost of

shipping the spent fuel to the United

States from high-income economy

countries is not included in the fee, and

will be borne by the reactor operators.

For other countries, the Department will

pay the costs for shipping, receipt, and

management.

FOR FURTHER INFORMATION CONTACT: G. F.

Cole, Director, Office of Spent Fuel

Management (EM–67), U.S. Department

of Energy, 1000 Independence Ave, SW,

Washington, DC 20585, Telephone (301)

903–1450.

SUPPLEMENTARY INFORMATION: On May

13, 1996, the Department of Energy

(DOE) issued the Record of Decision

(ROD) for the Final Environmental

Impact Statement on a Proposed

Nuclear Weapons Nonproliferation

Policy Concerning Foreign Research

Reactor Spent Nuclear Fuel (DOE/EIS–

0218F of February 1996, the Final EIS).

The ROD specifies that the United

States will accept up to 19.2 MTHM

(metric tonnes of heavy metal) of foreign

research reactor spent fuel in

approximately 22,700 separate elements

and up to approximately an additional

0.6 MTHM of target material over a

thirteen year period. All of this material

contains uranium that was enriched in

the United States.

DOE specified in the ROD that the

following spent fuel and target material

types will be accepted under this policy:

1. Spent nuclear fuel (HEU or LEU)

from foreign research reactors operating

on LEU fuel or in the process of

converting to LEU fuel when the policy

became effective.

2. Spent nuclear fuel (HEU or LEU)

from foreign research reactors that

operated on HEU fuel when the policy

became effective but that formally

commit to convert to LEU fuel. Spent

nuclear fuel will not be accepted from

foreign research reactors that could

convert to LEU fuel but whose operators

or owners do not formally commit, prior

to receipt of their spent fuel into the

United States, to make the conversion.

Similarly, target material containing

uranium enriched in the United States

will only be accepted if reactors wishing

to ship such target material have

formally committed to convert to the

use of LEU targets, when such targets

become available. The terms and

commitments for conversion are

discussed in the ROD.

3. HEU spent nuclear fuel from

foreign research reactors having lifetime

cores, from foreign research reactors

planning to shut down by a specific date

while the policy is in effect, and from

foreign research reactors for which a

suitable LEU fuel is not available.

4. HEU or LEU spent nuclear fuel

from foreign research reactors that are

already shut down.

5. Unirradiated HEU or LEU fuel from

eligible foreign research reactors will be

accepted as spent nuclear fuel.
26508 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Notices

As stated in the ROD, DOE will not

accept LEU spent fuel from any

individual foreign research reactor until

the HEU spent fuel at that reactor has all

been shipped, unless there are

extenuating circumstances (e.g.,

deterioration of one or more LEU

elements sufficient to cause a safety

problem if acceptance were delayed). In

addition, DOE will not accept spent fuel

(HEU or LEU) from new foreign research

reactors starting operation after the date

of implementation of the policy.

The ROD specifies that the United

States will charge high-income-economy

countries a fee that will be published in

a separate Federal Register Notice (this

constitutes that notice). The ROD also

specifies that DOE will bear the full cost

of shipping and managing foreign

research reactor spent fuel from other

countries, including at-reactor

preparation. The countries from which

spent fuel would be accepted, and

definition of whether or not they are

considered to be high-income-economy

countries, are listed in the ROD and the

Final EIS. The Final EIS also identifies

the estimated number of spent nuclear

fuel shipments from each country, and

the estimated number of casks each

country would ship.

The fee will be no higher than $4,500

per kilogram of total mass (not heavy

metal mass) for aluminum based spent

fuel containing HEU and TRIGA spent

fuel, and no higher than $3,750 per

kilogram of total mass for aluminum

based spent fuel containing LEU. Total

mass includes, among other things, the

mass of cladding, structural materials,

the aluminum fuel matrix, overpack

canning. The actual fee will be

established in DOE’s spent fuel

acceptance contracts. These fees will be

used to cover all aspects of receipt and

management of the spent nuclear fuel by

DOE, including geologic disposal. The

cost of preparing the spent nuclear fuel

for shipment to the United States (e.g.,

inspection, documentation, and

canning, if necessary), and shipping the

spent nuclear fuel to a DOE spent fuel

management site in the the United

States, is not included in the fee and is

not an obligation of the United States.

These costs will be borne by the

individual reactor operators in highincome-economy countries. Fees are

due and payable upon DOE acceptance

of the spent nuclear fuel at the DOE

management site.

No fee is specified in this notice for

acceptance of target material. This fee

will be established separately at a later

time.

For spent fuel not covered by a valid,

signed DOE acceptance contract, DOE

reserves the right to modify the fee

upward or downward at any time to

respond to changed circumstances,

including a change in the cost of

managing the spent fuel in the United

States.

Issued at Washington, DC., on May 22,

1996.

Jill Lytle,

Deputy Assistant Secretary, Office of Nuclear

Material and Facility Stabilization

Environmental Management.

[FR Doc. 96–13283 Filed 5–24–96; 8:45 am]

BILLING CODE 6450–01–P

Notice of Waste Acceptance, Storage,

and Transportation Services

AGENCY: Office of Civilian Radioactive

Waste Management, Department of

Energy.

ACTION: Request for expression of

interest and comments.

SUMMARY: The Office of Civilian

Radioactive Waste Management

(OCRWM) is responsible under the

Nuclear Waste Policy Act of 1982, as

amended (NWPA) for transporting spent

nuclear fuel (spent fuel) from

commercial nuclear reactor sites to a

Federal facility for storage or disposal.

The Standard Contract for Disposal of

Spent Fuel and/or High Level

Radioactive Waste (10 CFR part 961)

details the arrangements between the

Department and the owners and

generators of spent fuel (Purchasers) for

the Department to accept the spent fuel

at the Purchasers’ sites for transport to

the receiving Federal facility. Section

137(a)2 of the NWPA requires the

utilization of private industry to the

‘‘fullest extent possible’’ in the

transportation of spent fuel.

OCRWM is developing a plan for the

performance of its waste acceptance,

storage and transportation

responsibilities which are set forth in

the NWPA and Standard Contract and is

soliciting input from interested parties

as to its proposed approach.

DATES: Submissions of interest and

comments in response to this Notice

should be received by the Department

no later than three weeks from the date

of this announcement. A presolicitation

conference may be held this summer, if

so, a separate Notice will be issued

identifying the date. Respondents to this

Notice will be placed on a list to receive

additional information which may

include draft solicitation documents in

preparation for the presolicitation

conference.

ADDRESSES: Submissions of interest

including any comments should be sent

to: Michelle Miskinis, Contracting

Officer, U. S. Dept. Of Energy, 1000

Independence Ave. SW, Attention: HR–

561.21, Washington D.C. 20585.

FOR FURTHER INFORMATION CONTACT: Ms

Michelle Miskinis (DOE/HR–561.21),

202–634–4413 or Ms Beth Tomasoni

(DOE/HR–561.21), 202–634–4408.

SUPPLEMENTARY INFORMATION: The

following describes key features of the

OCRWM proposed approach:

Scope of Services: DOE anticipates

contracting for supplies and services

which would include: accepting spentfuel from Purchasers’ facilities (as

identified in the Acceptance Priority

Ranking and Annual Capacity Reports

and supplying compatible

transportation (and possibly storage)

casks and equipment and transporting

spent-fuel to a designated Federal

facility. Contractors would also be

responsible for any intermodal transport

required, including heavy haul.

Contractors may be permitted to alter

the order of spent-fuel acceptance to

achieve efficiency of operation or to

lower costs. Contractors would work

with Purchasers to determine the best

way to service a site and would

recommend preferred transportation

routes to the Federal facility.

Contractors will also be required to

interface with those State, Local and

Tribal governments along the selected

routes.

The location and type of Federal

facility (either a repository or an interim

storage facility (ISF) cannot yet be

determined. Initially, spent-fuel

delivered to the Federal site would be

canistered before arrival at the facility,

but at some point in the service period

the contractor may be required to

handle uncanistered spent-fuel.

Transportation and storage equipment

to be supplied would be required to

comply with applicable Nuclear

Regulatory Commission (NRC) and

Department of Transportation (DOT)

regulations, OCRWM acceptance

criteria, and standard commercial

practices.

Contract Type: Competitive, fixedprice type, contracts are being

considered with a phased

implementation that includes sequential

development of business/servicing

plans describing contractors’ individual

approaches, fabrication/acquisition of

hardware, and transportation services

operations. More than one award is

anticipated. One approach under

consideration is to divide the country

into regions, for example, the four NRC

regions. No contractor would be

awarded more than two regional service

contracts. It is envisioned that there will

be several Requests for Proposals (RFPs)

issued over several decades for these