Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13407

any increase in the rate charged to CCC

by Treasury for any percent of time for

which the interest assessment is

collected. CCC may waive the accrual of

interest if CCC determines that the cause

of the erroneous determination was not

due to any action of the producer.

(d) Late payment interest shall be

assessed on refunds in accordance with

the provisions of, and subject to the

rates in 7 CFR part 1403.

(e) Producers must refund to CCC any

excess payments made by CCC with

respect to any application in which they

have an interest. Such refund shall be

subject to interest at the same rate that

applies to other refunds.

Signed at Washington, D.C., on March 1,

2001.

Diane Sharp,

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 01–5492 Filed 3–2–01; 3:18 pm]

BILLING CODE 3410–05–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 72

RIN 3150–AG70

List of Approved Spent Fuel Storage

Casks: VSC–24 Revision

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations revising the Pacific Sierra

Nuclear Associates (PSNA) VSC–24

listing within the ‘‘List of approved

spent fuel storage casks’’ to include

Amendment No. 3 to the Certificate of

Compliance (CoC). This amendment

changes the Technical Specifications

1.2.1 and 1.2.6 to modify the fuel

specifications for Combustion

Engineering 16x16 spent fuel stored in

the VSC–24 cask system, modifies the

text in TS 1.2.7 for accuracy, modifies

the text in Certificate Section 2.b. to

remove ambiguity, modifies Certificate

Section 3 to be consistent with TS 1.1.4,

modifies Certificate Section 4 for

consistency with TS 1.1.3, and modifies

Certificate Section 5 to remove

ambiguity.

DATES: The final rule is effective May

21, 2001, unless significant adverse

comments are received by April 5, 2001.

If either the rule is withdrawn or the

effective date is delayed, 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 am and 4:15 pm on

Federal workdays.

All publicly available 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 also be examined at the NRC

Public Document Room, 11555

Rockville Pike, Rockville, MD. For more

information, contact the NRC’s Public

Document Room 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

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.

ML003733556. For more information,

contact the NRC’s Public Document

Room Reference Staff at 1–800–397–

4209, 301–415–4737 or by e-mail at

pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Stan

Turel, telephone (301) 415–6234, e-mail,

spt@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

April 7, 1993 (58 FR 17948), that

approved the VSC–24 cask design,

added it to the list of NRC-approved

cask designs in § 72.214, and issued

Certificate of Compliance Number (CoC

No.) 1007.

Discussion

On March 29, 2000, PSNA (the

certificate holder) submitted an

application to the NRC to amend CoC

No. 1007 to change Technical

Specifications (TS) 1.2.1 and 1.2.6. This

change modifies the fuel specifications

for Combustion Engineering 16x16

spent fuel stored in the VSC–24 cask

system. Amendment 3 also modifies the

text in TS 1.2.7 for accuracy, modifies

the text in Certificate Section 2.b. to

remove ambiguity, modifies Certificate

Section 3 to be consistent with TS 1.1.4,

modifies Certificate Section 4 for

consistency with TS 1.1.3, and modifies

Certificate Section 5 to remove

ambiguity and removes the ‘‘Basis’’

section from all TSs in accordance with

revised NRC TS format. The NRC staff

performed a detailed safety evaluation

of the proposed CoC amendment

request. The NRC staff found that the

changes stated above do not reduce the

safety margin. In addition, the NRC staff

has determined that changes do not

pose any increased risk to public health

and safety. A full discussion of the NRC

staff’s evaluation is presented in its SER

that can be found under ADAMS

Accession No. ML003733556.

This direct final rule revises the

PSNA VSC–24 cask system listing

within the list of NRC-approved casks

13408 Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations

for spent fuel storage in § 72.214 by

adding Amendment No. 3 to CoC No.

1007. Amendment No. 3 applies to any

VSC–24 cask loaded after May 21, 2001.

Amendment No. 3 to CoC No. 1007

and the underlying SER, and the

Environmental Assessment and Finding

of No Significant Impact are available

for inspection and comment at the NRC

Public Document Room (PDR), 11555

Rockville Pike, Rockville, Maryland

20852. Single copies of the CoC and SER

may be obtained from Stan Turel, Office

of Nuclear Material Safety and

Safeguards, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

telephone (301) 415–6195, email

spt@nrc.gov

Discussion of Amendments by Section

Section 72.214 List of Approved Spent

Fuel Storage Casks

Certificate No. 1007 will be revised

indicating the addition of Amendment

No. 3 and its effective date.

Procedural Background

This rule is limited to the changes

contained in Amendment No. 3 to CoC

1007 and does not include other aspects

of the VSC–24 cask system design. The

NRC is using the ‘‘direct final rule

procedure’’ to promulgate this

amendment 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

amendment to the rules will become

effective on May 21, 2001. However, if

the NRC receives significant adverse

comments by April 5, 2001, then the

NRC will publish a document that

withdraws this action and will address

the comments received in response to

the proposed amendments published

elsewhere in this issue of the Federal

Register. These comments will be

addressed in a subsequent final rule.

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 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 by 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 Federal 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 will amend the CoC

for the VSC–24 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. This amendment revises

Technical Specifications 1.2.1 and 1.2.6

to modify the fuel specifications for

Combustion Engineering 16x16 spent

fuel stored in the VSC–24 cask system

and makes other minor clarifying

changes to the CoC and TS. 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. Electronic copies of the

environmental assessment and finding

of no significant impact can be found in

the NRC’s Public Electronic Reading

Room on the Internet at http://

www.nrc.gov/NRC/ADAMS/index.html.

Single copies are available from Stan

Turel, Office of Nuclear Material Safety

and Safeguards, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

telephone (301) 415–6234, email

spt@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 will revise the VSC–

24 cask system design list in § 72.214

(List of NRC-approved spent fuel storage

cask designs). This action does not

constitute the establishment of a

standard that establishes generallyapplicable 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 system 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 April 7, 1993 (58 FR

17948), the NRC issued an amendment

to Part 72 that approved the VSC–24

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

issued CoC No. 1007. On March 29,

2000, the certificate holder submitted an

application to the NRC to amend CoC

No. 1007 to change Technical

Specifications 1.2.1 and 1.2.6 to modify

the fuel specifications for Combustion

Engineering 16x16 spent fuel stored in

the VSC–24 cask system. The

amendment also makes other minor

clarifying changes to the CoC and TSs.

The alternative to this action is to

withhold approval of this amended cask

system design and issue an exemption

to each general license. This alternative

would cost both the NRC and the

Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13409

utilities more time and money because

each utility would have to pursue an

exemption.

Approval of the direct final rule will

eliminate the problems described above

and is consistent with previous

Commission 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 this discussion of the

benefits and impacts of the alternatives,

the NRC 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 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 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 1007 is revised to read as

follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1007.

Initial Certificate Effective Date: May

7, 1993.

Amendment Number 1 Effective Date:

May 30, 2000.

Amendment Number 2 Effective Date:

September 5, 2000.

Amendment Number 3 Effective Date:

May 21, 2001.

SAR Submitted by: Pacific Sierra

Nuclear Associates.

SAR Title: Final Safety Analysis

Report for the Ventilated Storage Cask

System.

Docket Number: 72–1007.

Certificate Expiration Date: May 7,

2013.

Model Number: VSC–24.

* * * * *

Dated at Rockville, Maryland, this 8th day

of February, 2001.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 01–5399 Filed 3–5–01; 8:45 am]

BILLING CODE 7590–01–P

FEDERAL RESERVE SYSTEM

12 CFR Part 205

[Regulation E; Docket No. R–1077]

Electronic Fund Transfers

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule.

SUMMARY: The Board is publishing

revisions to Regulation E, which

implements the Electronic Fund

Transfer Act. The revisions implement

amendments to the act contained in the

Gramm-Leach-Bliley Act that require

the disclosure of certain fees associated

with automated teller machine (ATM)

transactions. The amendments require

ATM operators that impose a fee for

providing electronic fund transfer

services to post a notice in a prominent

and conspicuous location on or at the

ATM. The operator must also disclose

that a fee will be imposed and the

amount of the fee, either on the screen

of the machine or on a paper notice,

before the consumer is committed to

completing the transaction. In addition,

when the consumer contracts for an

electronic fund transfer service,

financial institutions are required to

provide initial disclosures, including a

notice that a fee may be imposed for

electronic fund transfers initiated at an

ATM operated by another entity.

DATES: This rule is effective March 9,

2001; however, to provide adequate

time to make any necessary systems

changes, mandatory compliance date is

delayed until October 1, 2001.

FOR FURTHER INFORMATION CONTACT: John

C. Wood, Counsel, or David A. Stein,

Attorney, Division of Consumer and

Community Affairs, Board of Governors

of the Federal Reserve System,

Washington, DC 20551, at (202) 452–

2412 or (202) 452–3667.

SUPPLEMENTARY INFORMATION:

I. The Electronic Fund Transfer Act

The Electronic Fund Transfer Act

(EFTA or Act), 15 U.S.C. 1693 et seq.,