This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12435

Vol. 66, No. 39

Tuesday, February 27, 2001

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 72

RIN 3150–AG72

List of Approved Spent Fuel Storage

Casks: FuelSolutionsTM Revision

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations revising the BNFL Fuel

Solutions FuelSolutionsTM cask system

listing within the ‘‘List of Approved

Spent Fuel Storage Casks’’ to include

Amendment No. 1 to the Certificate of

Compliance (CoC). Amendment No. 1

will modify the present cask system

design to allow the Big Rock Point

nuclear facility to store mixed-oxide

fuel assemblies, partial fuel assemblies,

and damaged fuel assemblies (in a can)

under a general license.

DATES: The final rule is effective May

14, 2001, unless significant adverse

comments are received by March 29,

2001. If the rule is withdrawn, timely

notice will be published in the Federal

Register.

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.

Certain documents related to this

rulemaking, as well as all public

comments received on this rulemaking,

may be viewed and downloaded

electronically via the NRC’s rulemaking

website at http://ruleforum.llnl.gov. You

may also provide comments via this

website by uploading 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 by the

NRC, may be examined at the NRC

Public Document Room, 11555

Rockville Pike, Rockville, MD. 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.

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 Documents Access and

Management System (ADAMS), which

provides text and image files of NRC’s

public documents. An electronic copy

of the proposed CoC and preliminary

safety evaluation report (SER) can be

found under ADAMS Accession No(s).

ML003770047.

FOR FURTHER INFORMATION CONTACT:

Gordon Gundersen, telephone (301)

415–6195, e-mail GEG1@nrc.gov, of the

Office of Nuclear Material Safety and

Safeguards, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001.

SUPPLEMENTARY INFORMATION:

Background

Section 218(a) of the Nuclear Waste

Policy Act of 1982, as amended

(NWPA), requires that ‘‘[t]he Secretary

[of the Department of Energy (DOE)]

shall establish a demonstration program,

in cooperation with the private sector,

for the dry storage of spent nuclear fuel

at civilian nuclear power reactor sites,

with the objective of establishing one or

more technologies that the [Nuclear

Regulatory] Commission may, by rule,

approve for use at the sites of civilian

nuclear power reactors without, to the

maximum extent practicable, the need

for additional site-specific approvals by

the Commission.’’ Section 133 of the

NWPA states, in part, that ‘‘[t]he

Commission shall, by rule, establish

procedures for the licensing of any

technology approved by the

Commission under section 218(a) for

use at the site of any civilian nuclear

power reactor.’’

To implement this mandate, the NRC

approved dry storage of spent nuclear

fuel in NRC-approved casks under a

general license by publishing a final

rule in 10 CFR part 72 entitled, ‘‘General

License for Storage of Spent Fuel at

Power Reactor Sites’’ (55 FR 29181; July

18, 1990). This rule also established a

new Subpart L within 10 CFR part 72,

entitled ‘‘Approval of Spent Fuel

Storage Casks’’ containing procedures

and criteria for obtaining NRC approval

of spent fuel storage cask designs. The

NRC subsequently issued a final rule on

January 16, 2001 (66 FR 3444) that

approved the FuelSolutionsTM cask

design and added it to the list of NRCapproved cask designs in § 72.214 as

Certificate of Compliance Number (CoC

No.) 1026.

Discussion

On September 29, 1999, and as

supplemented on July 27, 2000, the

certificate holder BNFL Fuel Solutions

(BFS) submitted an application to the

NRC to amend CoC No. 1026 to allow

the Big Rock Point nuclear facility to

store mixed-oxide (MOX) fuel

assemblies, partial fuel assemblies, and

damaged fuel assemblies (in a can). No

other changes to the cask system design

were requested in this application. The

NRC staff performed a detailed safety

evaluation of the proposed CoC

amendment request and found that the

proposed amendment does not reduce

the safety margin. In addition, the NRC

staff has determined that the change

does not pose any increased risk to

public health and safety.

This direct final rule revises the cask

design listing in § 72.214 by adding

Amendment No. 1 to CoC No. 1026. The

amendment consists of changes to the

Technical Specifications for the storage

of MOX fuel assemblies, partial

assemblies, and damaged assemblies (in

a can). The particular Technical

Specifications which are changed are

identified in the NRC Staff’s Safety

Evaluation Report for Amendment No.

1.

The amended FuelSolutionsTM cask

system, when used in accordance with

the conditions specified in the CoC, the

Technical Specifications, and NRC

regulations, will meet the requirements

of Part 72; thus, adequate protection of

public health and safety will continue to

be ensured.

CoC No. 1026, the revised Technical

Specifications, the underlying Safety

Evaluation Report for Amendment No.

1, and the Environmental Assessment,

12436 Federal Register / Vol. 66, No. 39 / Tuesday, February 27, 2001 / Rules and Regulations

are available for inspection at the NRC

Public Document Room, 11555

Rockville Pike, Rockville, MD. Single

copies of the CoC may be obtained from

Gordon Gundersen, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555, telephone (301)

415–6195, email GEG1@nrc.gov.

Discussion of Amendments by Section

§ 72.214 List of approved spent fuel

storage casks.

Certificate No. 1026 is revised by

adding the effective date of Amendment

Number 1.

Procedural Background

This rule is limited to the changes

contained in Amendment 1 to CoC No.

1026 and does not include other aspects

of the FuelSolutionsTM cask system

design. Because NRC considers this

amendment to its rules to be

noncontroversial and routine, the NRC

is using the direct final rule procedure

for this rule. The amendment to the rule

will become effective on May 14, 2001.

However, if the NRC receives significant

adverse comments by March 29, 2001,

then the NRC will publish a document

that withdraws this action and will

address the comments received in

response to the proposed amendment

published elsewhere in this issue of the

Federal Register. A significant adverse

comment is a comment where the

commenter explains why the rule would

be inappropriate, including challenges

to the rule’s underlying premise or

approach, or would be ineffective or

unacceptable without a change. These

comments will be addressed in a

subsequent final rule. Absent significant

modifications to the proposed revisions

requiring republication, the NRC will

not initiate a second comment period on

this action.

Agreement State Compatibility

Under the ‘‘Policy Statement on

Adequacy and Compatibility of

Agreement State Programs’’ approved by

the Commission on June 30, 1997, and

published in the Federal Register on

September 3, 1997 (62 FR 46517), this

rule is classified as compatibility

Category ‘‘NRC.’’ Compatibility is not

required for Category ‘‘NRC’’

regulations. The NRC program elements

in this category are those that relate

directly to areas of regulation reserved

to the NRC by the Atomic Energy Act of

1954, as amended (AEA) or the

provisions of the Title 10 of the Code of

Federal Regulations. Although an

Agreement State may not adopt program

elements reserved to NRC, it may wish

to inform its licensees of certain

requirements via a mechanism that is

consistent with the particular State’s

administrative procedure laws, but does

not confer regulatory authority on the

State.

Plain Language

The Presidential Memorandum dated

June 1, 1998, entitled, ‘‘Plain Language

in Government Writing’’ directed that

the Government’s writing be in plain

language. The NRC requests comments

on this direct final rule specifically with

respect to the clarity and effectiveness

of the language used. Comments should

be sent to the address listed under the

heading ADDRESSES above.

Finding of No Significant

Environmental Impact: Availability

Under the National Environmental

Policy Act of 1969, as amended, and the

NRC regulations in Subpart A of 10 CFR

Part 51, the NRC has determined that

this rule, if adopted, would not be a

major Federal action significantly

affecting the quality of the human

environment and, therefore, an

environmental impact statement is not

required. The rule would amend the

CoC for the FuelSolutionsTM cask

system within the list of approved spent

fuel storage casks that power reactor

licensees can use to store spent fuel at

reactor sites under a general license.

The amendment will modify the present

cask system design to allow the Big

Rock Point nuclear reactor facility to

store MOX fuel assemblies, partial

assemblies, and damaged fuel

assemblies (in a can). The

environmental assessment and finding

of no significant impact on which this

determination is based are available for

inspection at the NRC Public Document

Room, 11555 Rockville Pike, Rockville,

MD. Single copies of the environmental

assessment and finding of no significant

impact are available from Gordon

Gundersen, Office of Nuclear Material

Safety and Safeguards, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555, telephone (301) 415–6195,

email GEG1@nrc.gov.

Paperwork Reduction Act Statement

This direct final rule does not contain

a new or amended information

collection requirement subject to the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.). Existing

requirements were approved by the

Office of Management and Budget,

Approval Number 3150–0132.

Public Protection Notification

If a means used to impose an

information collection does not display

a currently valid OMB control number,

the NRC may not conduct or sponsor,

and a person is not required to respond

to, the information collection.

Voluntary Consensus Standards

The National Technology Transfer Act

of 1995 (Pub. L. 104–113) requires that

Federal agencies use technical standards

that are developed or adopted by

voluntary consensus standards bodies

unless the use of such a standard is

inconsistent with applicable law or

otherwise impractical. In this direct

final rule, the NRC would revise the

FuelSolutionsTM cask system design

listed in § 72.214 (List of NRC-approved

spent fuel storage cask designs). This

action does not constitute the

establishment of a standard that

establishes generally applicable

requirements.

Regulatory Analysis

On July 18, 1990 (55 FR 29181), the

NRC issued an amendment to 10 CFR

Part 72 to provide for the storage of

spent nuclear fuel under a general

license in cask designs approved by the

NRC. Any nuclear power reactor

licensee can use NRC-approved cask

designs to store spent nuclear fuel if it

notifies the NRC in advance, spent fuel

is stored under the conditions specified

in the cask’s CoC, and the conditions of

the general license are met. A list of

NRC-approved cask designs is contained

in § 72.214. On January 16, 2001 (66 FR

3444), the NRC issued an amendment to

Part 72 that approved the

FuelSolutionsTM cask design by adding

it to the list of NRC-approved cask

designs in § 72.214. On September 29,

1999, and as supplemented on July 27,

2000, the certificate holder BFS,

submitted an application to the NRC to

amend CoC No. 1026 to permit a Part 72

licensee to store MOX fuel assemblies,

partial assemblies, and damaged

assemblies (in a can).

This rule will permit the Big Rock

Point (BRP) nuclear facility to store

MOX fuel assemblies, partial

assemblies, and damaged assemblies (in

a can) at the BRP ISFSI. The alternative

to this action is to withhold approval of

this amended cask system design and

issue an exemption to the general

licensee. This alternative would result

in the same expenditure of time and

money.

Approval of the direct final rule 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

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