Federal Register / Vol. 66, No. 39 / Tuesday, February 27, 2001 / Rules and Regulations 12437

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.

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 BFS. 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.

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 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 § 72.214, Certificate of

Compliance (CoC) 1026 is revised to

read as follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1026.

Initial Certificate Effective Date:

February 15, 2001.

Amendment Number 1 Effective Date:

May 14, 2001.

SAR Submitted by: BNFL Fuel

Solutions.

SAR Title: Final Safety Analysis

Report for the FuelSolutionsTM Spent

Fuel Management System.

Docket Number: 72–1026.

Certificate Expiration Date: February

15, 2021.

Model Number: WSNF–200, WSNF–

201, and WSNF–203 systems; W–150

storage cask; W–100 transfer cask; and

the W–21 and W–74 canisters.

* * * * *

Dated at Rockville, Maryland, this 8th day

of February, 2001.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 01–4765 Filed 2–26–01; 8:45 am]

BILLING CODE 7590–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[WT Docket No. 99–87, FCC 00–403]

Revised Competitive Bidding Authority

AGENCY: Federal Communications

Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: This document is to show

rules amended by the Commission in

order to changes to its statutory auction

authority, shall become effective March

2, 2001. These sections, which

contained new information collection

requirements, were published in the

Federal Register on January 2, 2001.

This is to let the public know the

effective date of the rules that contain

new information collection

requirements.

EFFECTIVE DATE: The amendments to 47

CFR Part 90, 47 CFR 90.621(e)(2)

published at 66 FR 33 (January 2, 2001)

are effective March 2, 2001.

FOR FURTHER INFORMATION CONTACT: Jim

Shaffer, Public Safety and Private

Wireless Division, Wireless

Telecommunications Bureau, (202) 418–

0680.

SUPPLEMENTARY INFORMATION: On

November 9, 2000, the Commission

adopted a Report and Order (FCC 00–

403) to implement sections 309(j) and

337 of the Communications Act of 1934,

as amended, as amended by the

Balanced Budget Act of 1997 a summary

of which was published in the Federal

Register. See 66 FR 33, January 2, 2001.

We stated that the Part 90 of the

Commission’s Rules, 47 CFR Part 90, is

amended effective March 2, 1001,

§90.621(e)(2) which contains

information collections that are not

effective until approved by the Office of

Management and Budget. We also stated

that the Commission will publish a

document in the Federal Register

announcing the effective date for those

sections. This statement requires further

action by the Commission to establish

the effective date, notwithstanding the

preceding statement in the summary

that the rule change would become

effective upon OMB approval. In order

to resolve this matter in a manner that

most appropriately provides interested

12438 Federal Register / Vol. 66, No. 39 / Tuesday, February 27, 2001 / Rules and Regulations

parties with proper notice, the rule

changes adopted in the Order shall

become effective March 2, 1001. The

information collection were approved

by OMB on January 29, 2001. See OMB

No. 3060–0970.

List of Subjects in 47 CFR Part 90

Communications equipment, Radio,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

[FR Doc. 01–4725 Filed 2–26–01; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000105004-0260-02; I.D.

063099A]

RIN 0648-AI78

Magnuson-Stevens Fishery

Conservation and Management Act

Provisions; Fisheries of the

Northeastern United States; Atlantic

Herring Fishery; Atlantic Herring

Fishery Management Plan; Partial

Delay

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; partial delay.

SUMMARY: In accordance with the

memorandum of January 20, 2001, from

the Assistant to the President and Chief

of Staff, entitled ‘‘Regulatory Review

Plan,’’ published in the Federal Register

on January 24, 2001, this action

temporarily delays for 60 days the

effective date of certain portions of the

final rule implementing the Atlantic

Herring Fishery Management Plan

published in the Federal Register on

December 11, 2000.

DATES: In the final rule, published at 65

FR 77450, December 11, 2000, the

effective date of 50 CFR 648.14(bb)(15)

and (16) and 648.205(a) is delayed from

March 12, 2001, until May 11, 2001.

FOR FURTHER INFORMATION CONTACT: E.

Martin Jaffe, Fishery Policy Analyst,

978–281–9272.

SUPPLEMENTARY INFORMATION: The final

rule published on December 11, 2000

(65 FR 77450), implemented approved

measures contained in the FMP, which

was partially approved by NMFS on

behalf of the Secretary of Commerce on

October 27, 1999. The requirement to

install and use a VMS unit on vessels in

the directed herring fishery that caught

greater than 500 mt in the previous year,

or vessels whose owner intends to

harvest greater than 500 mt in the

current year would have become

effective March 12, 2001. Prohibitions

related to this requirement were also

scheduled to become effective on March

12. However, consistent with the

guidance contained in the ‘‘Regulatory

Review Plan,’’ NMFS is delaying the

effectiveness of the VMS requirement

until May 11. 2001. All other measures

implemented in the final rule

implementing the Atlantic Herring FMP

published December 11, 2000, remain in

effect.

Classification

This action is authorized by 50 CFR

part 648 and is exempt from review

under Executive Order 12866.

To the extent that 5 U.S.C. 553 applies

to this action, it is exempt from notice

and comment because it constitutes a

rule of procedure under 5 U.S.C.

553(b)(A). Alternatively, NMFS’

implementation of this rule without

opportunity for public comment is

based on the good cause exceptions in

5 U.S.C. 553(b)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

stay would have been impractical, as

well as contrary to the public interest in

the orderly promulgation and

implementation of regulations. Delays

in publishing the final rule

implementing the delay of the

effectiveness while seeking public

comment would have led to confusion

in the fishing industry concerning

whether to purchase and install VMS

equipment during this interim period.

Authority: 16 U.S.C. 1801 et seq.

Dated: February 21, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–4745 Filed 2–22–01; 3:12 pm]

BILLING CODE 3510–22–S