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19806 Federal Register / Vol. 71, No.

74 / Tuesday, April 18, 2006 / Rules and Regulations

the United States for the International Regulatory Flexibility Act of a federalism summary impact
Broadcasting Bureau of the United DHS has reviewed this regulation in statement.
States Broadcasting Board of Governors accordance with the Regulatory Executive Order 12988 Civil Justice
(BBG) or a BBG grantee. (Currently, BBG Flexibility Act (5 U.S.C. 605(b)), and, by Reform
grantees are Radio Free Asia, Inc. and approving it, certifies that this rule will
Radio Free Europe/Radio Liberty, Inc.) This rule meets the applicable
not have a significant economic impact standards set forth in sections 3(a) and
On October 11, 2001, at 66 FR 51819, on a substantial number of small
the former Service published an interim 3(b)(2) of Executive Order 12988.
entities. The October 11, 2001, interim
rule in the Federal Register that added rule provided a special process that Paperwork Reduction Act
8 CFR 204.13 and established an benefits individuals who will be coming
administrative procedure for the BBG Under the Paperwork Reduction Act
to the United States to work as of 1995, Public Law 104–13, all
and its grantees to use in order to broadcasters. It did not affect small
petition for the services of an alien Departments are required to submit to
entities as that term is defined in 5 OMB, for review and approval, any
broadcaster. The interim rule also U.S.C. 601(6). Since this final rule does
codified the provisions of the IBE Act reporting requirements inherent in a
not make any changes to the interim rule. This rule does not impose any new
and put into place procedures for the rule, this final rule likewise will not
BBG, its grantees, and former Service reporting or recordkeeping requirements
affect small entities. under the Paperwork Reduction Act.
officers, now U.S. Citizenship and
Immigration Services (USCIS) officers, Unfunded Mandates Reform Act of List of Subjects in 8 CFR Part 204
to follow. 1995
Administrative practice and
Why Does the BBG Need Alien This rule will not result in the procedures, Aliens, Employment,
Broadcasters? expenditure by State, local, and tribal Immigration, Petitions.
governments, in the aggregate, or by the
The BBG and its grantees are charged private sector, of $100 million or more ■ Accordingly, the interim rule
by Congress to broadcast internationally in any one year, and it will not amending 8 CFR part 204, which was
on behalf of the United States significantly or uniquely affect small published in the Federal Register at 66
Government. This requires that the BBG governments. Therefore, no actions were FR 51819, on October 11, 2001, is
attract and retain a large number of deemed necessary under the provisions adopted as a final rule without change.
foreign language broadcasters. These of the Unfunded Mandates Reform Act Dated: April 11, 2006.
broadcasters must have the unique of 1995. Michael Chertoff,
combination of native fluency in the Secretary.
broadcast language combined with an Small Business Regulatory Enforcement
Fairness Act of 1996 [FR Doc. 06–3655 Filed 4–17–06; 8:45 am]
in-depth knowledge of the people,
BILLING CODE 4410–10–P
history, and culture of the broadcast This rule is not a major rule as
area. Historically, the BBG has defined by section 804 of the Small
experienced difficulty in finding and Business Regulatory Enforcement Act of
employing members of the domestic NUCLEAR REGULATORY
1996. This rule will not result in an COMMISSION
workforce possessing this unusual annual effect on the economy of $100
combination of skills to meet the United million or more; a major increase in 10 CFR Part 72
States Government’s international costs or prices; or significant adverse
broadcasting needs. effects on competition, employment, RIN 3150–AH86
By creating a new special EB–4 investment, productivity, innovation, or
subcategory, the IBE Act allows the BBG List of Approved Spent Fuel Storage
on the ability of United States-based
and its grantees to directly petition for Casks: FuelSolutionsTM Cask System
companies to compete with foreign-
alien broadcasters. Being able to offer Revision 4
based companies in domestic and
immigrant status to an alien broadcaster export markets. AGENCY: Nuclear Regulatory
and his or her spouse and children may Commission.
assist the BBG in fulfilling its obligation Executive Order 12866
ACTION: Direct final rule.
as the international broadcasting This rule is not considered by DHS to
conduit for the United States be a ‘‘significant regulatory action’’ SUMMARY: The Nuclear Regulatory
Government. Under section 203(b)(4) of under Executive Order 12866, section Commission (NRC) is amending its
the INA, only 100 such visas may be 3(f), Regulatory Planning and Review. regulations revising the BNG Fuel
made available in any fiscal year to Accordingly, the Office of Management Solutions Corporation
alien broadcasters coming to work for and Budget (OMB) has waived its (FuelSolutionsTM) cask system listing
BBG or a BBG grantee. This numerical review process under section 6(a)(3)(A). within the ‘‘List of approved spent fuel
limitation does not apply, however, to storage casks’’ to include Amendment
the spouses and children of such Executive Order 13132 No. 4 to Certificate of Compliance
immigrants. This rule will not have substantial Number 1026. Amendment No. 4 will
direct effects on the States, on the change Technical Specification (TS)
Did the Former Service Receive Any
relationship between the National requirements related to periodic
Comments on the Interim Rule?
Government and the States, or on the monitoring during storage operations.
The former Service did not receive distribution of power and Specifically, the amendment will revise
any comments during the 60-day responsibilities among the various the TS to permit longer surveillance
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comment period in response to the levels of government. Therefore, in intervals for casks with heat loads lower
interim rule. Accordingly, the accordance with section 6 of Executive than the design basis heat load and
Department of Homeland Security Order 13132, it is determined that this permit visual inspection of the cask vent
(DHS) is now adopting the interim rule rule does not have sufficient Federalism screens or measurement of the cask liner
as a final rule without change. implications to warrant the preparation temperature to satisfy the periodic

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Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Rules and Regulations 19807

monitoring requirements that govern Hand deliver comments to: 11555 [of the Department of Energy (DOE)]
general design criteria for spent fuel Rockville Pike, Rockville, Maryland shall establish a demonstration program,
storage casks. TS 3.3.1 will be deleted 20852, between 7:30 am and 4:15 pm in cooperation with the private sector,
to remove daily monitoring Federal workdays [telephone (301) 415– for the dry storage of spent nuclear fuel
requirements. TS 3.3.2 will be revised 1966]. at civilian nuclear power reactor sites,
for the W21 and W74 canisters to permit Fax comments to: Secretary, U.S. with the objective of establishing one or
either visual inspection of vent screens Nuclear Regulatory Commission at (301) more technologies that the [Nuclear
or liner thermocouple temperature 415–1101. Regulatory] Commission may, by rule,
monitoring. Also, TS 5.3.8 will add a Publicly available documents related approve for use at the sites of civilian
section to the Periodic Monitoring to this rulemaking may be viewed nuclear power reactors without, to the
Program which establishes intervals for electronically on the public computers maximum extent practicable, the need
periodic monitoring that are less than located at the NRC’s Public Document for additional site-specific approvals by
the time required to reach the limiting Room (PDR), O–1F21, One White Flint the Commission.’’ Section 133 of the
short-term temperature limit. This North, 11555 Rockville Pike, Rockville, NWPA states, in part, that ‘‘[t]he
program will establish administrative Maryland. Selected documents, Commission shall, by rule, establish
controls and procedures to assure that including comments, can be viewed and procedures for the licensing of any
the licensee will be able to determine downloaded electronically via the NRC technology approved by the
when corrective action is required. In rulemaking Web site at http:// Commission under Section 218(a) for
addition, the amendment will update ruleforum.llnl.gov. use at the site of any civilian nuclear
editorial changes associated with the Publicly available documents created power reactor.’’
company name change from BNFL Fuel or received at the NRC after November To implement this mandate, the NRC
Solutions Corporation to BNG Fuel 1, 1999, are available electronically at approved dry storage of spent nuclear
Solutions Corporation and make other the NRC’s Electronic Reading Room at fuel in NRC-approved casks under a
administrative changes. http://www.nrc.gov/NRC/ADAMS/ general license by publishing a final
index.html. From this site, the public rule in 10 CFR Part 72 entitled ‘‘General
DATES: The final rule is effective July 3, License for Storage of Spent Fuel at
can gain entry into the NRC’s
2006, unless significant adverse Power Reactor Sites’’ (55 FR 29181; July
Agencywide Document Access and
comments are received by May 18, 2006. 18, 1990). This rule also established a
Management System (ADAMS), which
A significant adverse comment is a new Subpart L within 10 CFR Part 72,
provides text and image files of NRC’s
comment where the commenter entitled ‘‘Approval of Spent Fuel
public documents. If you do not have
explains why the rule would be Storage Casks,’’ containing procedures
access to ADAMS or if there are
inappropriate, including challenges to and criteria for obtaining NRC approval
problems in accessing the documents
the rule’s underlying premise or of spent fuel storage cask designs. The
located in ADAMS, contact the NRC
approach, or would be ineffective or NRC subsequently issued a final rule on
PDR Reference staff at 1–800–397–4209,
unacceptable without a change. If the January 16, 2001 (66 FR 3444) that
301–415–4737, or by e-mail to
rule is withdrawn, timely notice will be approved the FuelSolutionsTM cask
pdr@nrc.gov. An electronic copy of the
published in the Federal Register. system design and added it to the list of
proposed Certificate of Compliance
ADDRESSES: You may submit comments (CoC), TS, and preliminary safety NRC-approved cask designs in 10 CFR
by any one of the following methods. evaluation report (SER) can be found 72.214 as CoC No. 1026.
Please include the following number under ADAMS Accession Nos. Discussion
(RIN 3150–AH86) in the subject line of ML053420606 (CoC), ML053420632
your comments. Comments on On June 30, 2005, the certificate
(TS–W100/W150), ML053420626 (TS– holder, BNG Fuel Solutions
rulemakings submitted in writing or in W21), ML053420617 (TS–W74), and Corporation, submitted an application
electronic form will be made available ML053420638 (SER). to the NRC to amend CoC No. 1026 to
for public inspection. Because your CoC No. 1026, the revised TS, the modify the TS requirements related to
comments will not be edited to remove underlying SER for Amendment No. 4, periodic monitoring during storage
any identifying or contact information, and the Environmental Assessment operations. Specifically, the application
the NRC cautions you against including (EA), are available for inspection at the requested TS changes to permit longer
personal information such as social NRC PDR, 11555 Rockville Pike, surveillance intervals for casks with
security numbers and birth dates in Rockville, MD. Single copies of these heat loads lower than the design basis
your submission. documents may be obtained from Jayne heat load and permit visual inspection
Mail comments to: Secretary, U.S. M. McCausland, Office of Nuclear of the cask vent screens or measurement
Nuclear Regulatory Commission, Material Safety and Safeguards, U.S. of the cask liner temperature to satisfy
Washington, DC 20555–0001, ATTN: Nuclear Regulatory Commission, the periodic monitoring requirements of
Rulemakings and Adjudications Staff. Washington, DC 20555–0001, telephone 10 CFR 72.122(h)(4). TS 3.3.1 will be
E-mail comments to: SECY@nrc.gov. If (301) 415–6219, e-mail jmm2@nrc.gov. deleted to remove daily monitoring
you do not receive a reply e-mail FOR FURTHER INFORMATION CONTACT: requirements. TS 3.3.2 will be revised
confirming that we have received your Jayne M. McCausland, Office of Nuclear for the W21 and W74 canisters to permit
comments, contact us directly at (301) Material Safety and Safeguards, U.S. either visual inspection of vent screens
415–1966. You may also submit Nuclear Regulatory Commission, or liner thermocouple temperature
comments via the NRC’s rulemaking Washington, DC 20555–0001, telephone monitoring. Also, TS 5.3.8 will add a
Web site at http://ruleforum.llnl.gov. (301) 415–6219, e-mail jmm2@nrc.gov. section to the Periodic Monitoring
Address questions about our rulemaking Program which establishes intervals for
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SUPPLEMENTARY INFORMATION:
Web site to Carol Gallagher (301) 415– periodic monitoring that are less than
5905; e-mail cag@nrc.gov. Comments Background the time required to reach the limiting
can also be submitted via the Federal Section 218(a) of the Nuclear Waste short-term temperature limit. This
eRulemaking Portal http:// Policy Act of 1982, as amended program will establish administrative
www.regulations.gov. (NWPA), requires that ‘‘[t]he Secretary controls and procedures to assure that

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19808 Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Rules and Regulations

the licensee will be able to determine response to the proposed amendments, 1954, as amended (AEA), or the
when corrective action is required. In published elsewhere in this issue of the provisions of Title 10 of the Code of
addition, the amendment will update Federal Register, in a subsequent final Federal Regulations. Although an
editorial changes associated with the rule. The NRC will not initiate a second Agreement State may not adopt program
company name change from BNFL Fuel comment period on this action. elements reserved to NRC, it may wish
Solutions Corporation to BNG Fuel A significant adverse comment is a to inform its licensees of certain
Solutions Corporation and make other comment where the commenter requirements via a mechanism that is
administrative changes. No other explains why the rule would be consistent with the particular State’s
changes to the FuelSolutionsTM cask inappropriate, including challenges to administrative procedure laws but does
system were requested in this the rule’s underlying premise or not confer regulatory authority on the
application. The NRC staff performed a approach, or would be ineffective or State.
detailed safety evaluation of the unacceptable without a change. A
Plain Language
proposed CoC amendment request and comment is adverse and significant if:
found that an acceptable safety margin (1) The comment opposes the rule and The Presidential Memorandum dated
is maintained. The NRC staff also has provides a reason sufficient to require a June 1, 1998, entitled ‘‘Plain Language
determined that there continues to be substantive response in a notice-and- in Government Writing,’’ directed that
reasonable assurance that public health comment process. For example, in a the Government’s writing be in plain
and safety and the environment will be substantive response: language. The NRC requests comments
adequately protected. (a) The comment causes the NRC staff on this direct final rule specifically with
This direct final rule revises the to reevaluate (or reconsider) its position respect to the clarity and effectiveness
FuelSolutionsTM cask system listing in or conduct additional analysis; of the language used. Comments should
10 CFR 72.214 by adding Amendment (b) The comment raises an issue be sent to the address listed under the
No. 4 to CoC No. 1026. The amendment serious enough to warrant a substantive heading ADDRESSES above.
consists of changes to the requirements response to clarify or complete the Finding of No Significant
to permit longer surveillance intervals record; or Environmental Impact: Availability
for casks with heat loads lower than the (c) The comment raises a relevant
issue that was not previously addressed Under the National Environmental
design basis heat load and permit visual Policy Act of 1969, as amended, and the
inspection of the cask vent screens or or considered by the NRC staff.
(2) The comment proposes a change NRC regulations in Subpart A of 10 CFR
measurement of the cask liner Part 51, the NRC has determined that
temperature to satisfy the periodic or an addition to the rule, and it is
apparent that the rule would be this rule, if adopted, will not be a major
monitoring requirements of 10 CFR Federal action significantly affecting the
72.122(h)(4). The particular TS which ineffective or unacceptable without
incorporation of the change or addition. quality of the human environment and,
are changed are identified in the NRC therefore, an environmental impact
(3) The comment causes the NRC staff
staff’s SER for Amendment No. 4. statement is not required. The rule will
The amended FuelSolutionsTM cask to make a change (other than editorial)
to the CoC or TS. amend the CoC for the FuelSolutionsTM
system, when used under the conditions cask system within the list of approved
specified in the CoC, the TS, and NRC Voluntary Consensus Standards spent fuel storage casks that power-
regulations, will meet the requirements The National Technology Transfer reactor licensees can use to store spent
of Part 72; thus, adequate protection of and Advancement Act of 1995 (Pub. L. fuel at reactor sites under a general
public health and safety will continue to 104–113) requires that Federal agencies license. Amendment No. 4 will modify
be ensured. use technical standards that are the present cask system design to revise
Discussion of Amendments by Section developed or adopted by voluntary the TS requirements related to periodic
consensus standards bodies unless the monitoring during storage operations.
Section 72.214 List of Approved Spent use of such a standard is inconsistent Specifically, the amendment will revise
Fuel Storage Casks with applicable law or otherwise TS to permit longer surveillance
Certificate No. 1026 is revised by impractical. In this direct final rule, the intervals for casks with heat loads lower
adding the effective date of Amendment NRC will revise the FuelSolutionsTM than the design basis heat load and
Number 4. cask system design listed in § 72.214 permit visual inspection of the cask vent
(List of NRC-approved spent fuel storage screens or measurement of the cask liner
Procedural Background temperature to satisfy the periodic
cask designs). This action does not
This rule is limited to the changes constitute the establishment of a monitoring requirements of 10 CFR
contained in Amendment No. 4 to CoC standard that establishes generally 72.122(h)(4). TS 3.3.1 will be deleted to
No. 1026 and does not include other applicable requirements. remove daily monitoring requirements.
aspects of the FuelSolutionsTM cask TS 3.3.2 will be revised for the W21 and
system. The NRC is using the ‘‘direct Agreement State Compatibility W74 canisters to permit either visual
final rule procedure’’ to issue this Under the ‘‘Policy Statement on inspection of vent screens or liner
amendment because it represents a Adequacy and Compatibility of thermocouple temperature monitoring.
limited and routine change to an Agreement State Programs’’ approved by Also, TS 5.3.8 will add a section to the
existing CoC that is expected to be the Commission on June 30, 1997, and Periodic Monitoring Program which
noncontroversial. Adequate protection published in the Federal Register on establishes intervals for periodic
of public health and safety continues to September 3, 1997 (62 FR 46517), this monitoring that are less than the time
be ensured. The amendment to the rule rule is classified as Compatibility required to reach the limiting short-term
will become effective on July 3, 2006. Category ‘‘NRC.’’ Compatibility is not temperature limit. This program will
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However, if the NRC receives significant required for Category ‘‘NRC’’ establish administrative controls and
adverse comments by May 18, 2006, regulations. The NRC program elements procedures to assure that the licensee
then the NRC will publish a document in this category are those that relate will be able to determine when
that withdraws this action and will directly to areas of regulation reserved corrective action is required. In
address the comments received in to the NRC by the Atomic Energy Act of addition, the amendment will update

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Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Rules and Regulations 19809

editorial changes associated with the temperature to satisfy the periodic Backfit Analysis
company name change from BNFL Fuel monitoring requirements of 10 CFR The NRC has determined that the
Solutions Corporation to BNG Fuel 72.122(h)(4). TS 3.3.1 will be deleted to backfit rule (10 CFR 50.109 or 10 CFR
Solutions Corporation and make other remove daily monitoring requirements. 72.62) does not apply to this direct final
administrative changes. TS 3.3.2 will be revised for the W21 and rule because this amendment does not
The EA and finding of no significant W74 canisters to permit either visual involve any provisions that would
impact on which this determination is inspection of vent screens or liner impose backfits as defined. Therefore, a
based are available for inspection at the thermocouple temperature monitoring. backfit analysis is not required.
NRC Public Document Room, 11555 Also, TS 5.3.8 will add a section to the
Rockville Pike, Rockville, MD. Single Periodic Monitoring Program which Congressional Review Act
copies of the EA and finding of no establishes intervals for periodic Under the Congressional Review Act
significant impact are available from monitoring that are less than the time of 1996, the NRC has determined that
Jayne M. McCausland, Office of Nuclear required to reach the limiting short-term this action is not a major rule and has
Material Safety and Safeguards, U.S. temperature limit. This program will verified this determination with the
Nuclear Regulatory Commission, establish administrative controls and Office of Information and Regulatory
Washington, DC 20555–0001, telephone procedures to assure that the licensee Affairs, Office of Management and
(301) 415–6219, e-mail jmm2@nrc.gov. will be able to determine when Budget.
Paperwork Reduction Act Statement corrective action is required. In List of Subjects In 10 CFR Part 72
This direct final rule does not contain addition, the amendment will update
editorial changes associated with the Administrative practice and
a new or amended information procedure, Criminal penalties,
collection requirement subject to the company name change from BNFL Fuel
Solutions Corporation to BNG Fuel Manpower training programs, Nuclear
Paperwork Reduction Act of 1995 (44 materials, Occupational safety and
U.S.C. 3501 et seq.). Existing Solutions Corporation and make other
administrative changes. The alternative health, Penalties, Radiation protection,
requirements were approved by the Reporting and recordkeeping
Office of Management and Budget, to this action is to withhold approval of
this amended cask system design and requirements, Security measures, Spent
Approval Number 3150–0132. fuel, Whistleblowing.
issue an exemption to each general
Public Protection Notification license. This alternative would cost both ■ For the reasons set out in the
The NRC may not conduct or sponsor, the NRC and the utilities more time and preamble and under the authority of the
and a person is not required to respond money because each utility would have Atomic Energy Act of 1954, as amended;
to, a request for information or an to pursue an exemption. the Energy Reorganization Act of 1974,
information collection requirement Approval of the direct final rule will as amended; and 5 U.S.C. 552 and 553;
unless the requesting document eliminate this problem and is consistent the NRC is adopting the following
displays a currently valid OMB control with previous NRC actions. Further, the amendments to 10 CFR part 72.
number. direct final rule will have no adverse PART 72—LICENSING
Regulatory Analysis effect on public health and safety. This REQUIREMENTS FOR THE
direct final rule has no significant INDEPENDENT STORAGE OF SPENT
On July 18, 1990 (55 FR 29181), the
identifiable impact or benefit on other NUCLEAR FUEL, HIGH-LEVEL
NRC issued an amendment to 10 CFR
Government agencies. Based on this RADIOACTIVE WASTE, AND
Part 72 to provide for the storage of
discussion of the benefits and impacts REACTOR-RELATED GREATER THAN
spent nuclear fuel under a general
of the alternatives, the NRC concludes CLASS C WASTE
license in cask designs approved by the
that the requirements of the direct final
NRC. Any nuclear power-reactor ■ 1. The authority citation for part 72
rule are commensurate with the NRC’s
licensee can use NRC-approved cask continues to read as follows:
responsibilities for public health and
designs to store spent nuclear fuel if it
safety and the common defense and Authority: Secs. 51, 53, 57, 62, 63, 65, 69,
notifies the NRC in advance, spent fuel
is stored under the conditions specified security. No other available alternative 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.
is believed to be as satisfactory, and 929, 930, 932, 933, 934, 935, 948, 953, 954,
in the cask’s CoC, and the conditions of 955, as amended, sec. 234, 83 Stat. 444, as
the general license are met. A list of thus, this action is recommended.
amended (42 U.S.C. 2071, 2073, 2077, 2092,
NRC-approved cask designs is contained Regulatory Flexibility Certification 2093, 2095, 2099, 2111, 2201, 2232, 2233,
in 10 CFR 72.214. On January 16, 2001 2234, 2236, 2237, 2238, 2282); sec. 274, Pub.
(66 FR 3444), the NRC issued an Under the Regulatory Flexibility Act L. 86–373, 73 Stat. 688, as amended (42
amendment to Part 72 that approved the of 1980 (5 U.S.C. 605(b)), the NRC U.S.C. 2021); sec. 201, as amended, 202, 206,
FuelSolutionsTM cask design by adding certifies that this rule will not, if issued, 88 Stat. 1242, as amended, 1244, 1246 (42
have a significant economic impact on U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.
it to the list of NRC-approved cask 10, 92 Stat. 2951 as amended by Pub. L. 102–
designs in 10 CFR 72.214. On June 30, a substantial number of small entities. 486, sec. 7902, 106 Stat. 3123 (42 U.S.C.
2005, the certificate holder, BNG Fuel This direct final rule affects only the 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853
Solutions Corporation, submitted an licensing and operation of nuclear (42 U.S.C. 4332); secs. 131, 132, 133, 135,
application to the NRC to amend CoC power plants, independent spent fuel 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230,
No. 1026 to modify the TS requirements storage facilities, and BNG Fuel 2232, 2241, sec. 148, Pub. L. 100–203, 101
related to periodic monitoring during Solutions Corporation. The companies Stat. 1330–235 (42 U.S.C. 10151, 10152,
storage operations. Specifically, the that own these plants do not fall within 10153, 10155, 10157, 10161, 10168); sec.
amendment will revise the TS to permit the scope of the definition of ‘‘small 1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
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sec. 651(e), Pub. L. 109–58, 119 Stat. 806–810


longer surveillance intervals for casks entities’’ set forth in the Regulatory (42 U.S.C. 2014, 2021, 2021b, 2111).
with heat loads lower than the design Flexibility Act or the Small Business Section 72.44(g) also issued under secs.
basis heat load and permit visual Size Standards set out in regulations 142(b) and 148(c), (d), Pub. L. 100–203, 101
inspection of the cask vent screens or issued by the Small Business Stat. 1330–232, 1330–236 (42 U.S.C.
measurement of the cask liner Administration at 13 CFR Part 121. 10162(b), 10168(c), (d)). Section 72.46 also

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19810 Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Rules and Regulations

issued under sec. 189, 68 Stat. 955 (42 U.S.C. regulations to incorporate numerous U.S.C. 4802. This section does not apply
2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 technical and conforming amendments because this final rule imposes no
(42 U.S.C. 10154). Section 72.96(d) also necessary to reflect the recent merger of additional requirements and makes only
issued under sec. 145(g), Pub. L. 100–203,
101 Stat. 1330–235 (42 U.S.C. 10165(g)).
the Bank Insurance Fund (BIF) and the technical and conforming changes to
Subpart J also issued under secs. 2(2), 2(15), Savings Association Insurance Fund existing regulations.
2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. (SAIF).
Regulatory Flexibility Act
2202, 2203, 2204, 2222, 2224 (42 U.S.C. DATES: Effective Date: April 18, 2006.
10101, 10137(a), 10161(h)). Subparts K and L Pursuant to section 605(b) of the
are also issued under sec. 133, 98 Stat. 2230 FOR FURTHER INFORMATION CONTACT:
Regulatory Flexibility Act, Public Law
(42 U.S.C. 10153) and sec. 218(a), 96 Stat. Sandra E. Evans, Legal Information
96–354, 5 U.S.C. 601, the OTS Director
2252 (42 U.S.C. 10198). Assistant (Regulations), (202) 906–6076;
certifies that this regulation will not
or Richard Bennett, Counsel, (202) 906–
■ 2. In § 72.214, Certificate of have a significant economic impact on
7409, Regulations and Legislation
Compliance 1026 is revised to read as a substantial number of small entities.
Division, Chief Counsel’s Office, Office
follows:
of Thrift Supervision, 1700 G Street, Executive Order 12866
§ 72.214 List of approved spent fuel NW., Washington, DC 20552.
storage casks.
OTS has determined that this rule is
SUPPLEMENTARY INFORMATION: OTS is not a ‘‘significant regulatory action’’ for
* * * * * amending its regulations to incorporate purposes of Executive Order 12866.
Certificate Number: 1026. numerous technical and conforming
Initial Certificate Effective Date: amendments necessary to reflect the Unfunded Mandates Reform Act of
February 15, 2001. recent merger of the Bank Insurance 1995
Amendment Number 1 Effective Date: Fund (BIF) and the Savings Association
May 14, 2001. OTS has determined that the
Insurance Fund (SAIF). The Deposit requirements of this final rule will not
Amendment Number 2 Effective Date: Insurance Reform Act of 2005, which
January 28, 2002. result in expenditures by State, local,
was enacted as part of the Deficit and tribal governments, or by the
Amendment Number 3 Effective Date: Reduction Act of 2005, Public Law 109–
May 7, 2003. private sector, of $100 million or more
171, brought about this merger, creating in any one year. Accordingly, a
Amendment Number 4 Effective Date:
one Deposit Insurance Fund (DIF). The budgetary impact statement is not
July 3, 2006.
SAR Submitted by: BNG Fuel President signed that act into law on required under section 202 of the
Solutions Corporation. February 8, 2006. Unfunded Mandates Reform Act of
SAR Title: Final Safety Analysis The Act provides that the merger 1995.
Report for the FuelSolutionsTM Spent would take effect no later than July 1,
2006. The Federal Deposit Insurance List of Subjects
Fuel Management System.
Docket Number: 72–1026. Corporation made the merger effective 12 CFR Part 528
Certificate Expiration Date: February March 31, 2006.
15, 2021. Accordingly, OTS is making technical Advertising, Aged, Civil rights, Credit,
Model Number: WSNF–220, WSNF– and conforming amendments to its Equal employment opportunity, Fair
221, and WSNF–223 systems; W–150 regulations. These include deleting housing, Individuals with disabilities,
storage cask; W–100 transfer cask; and references to SAIF and BIF, substituting Marital status discrimination,
the W–21 and W–74 canisters. references to DIF where applicable, and Mortgages, Religious discrimination,
other related changes to simplify Reporting and recordkeeping
* * * * *
definitions and provisions consistent requirements, Savings associations, Sex
Dated at Rockville, Maryland, this 3rd day with the Deposit Insurance Reform Act discrimination, Signs and symbols.
of April, 2006.
of 2005. 12 CFR Part 546
For the Nuclear Regulatory Commission.
Luis A. Reyes, Administrative Procedure Act; Riegle Reporting and recordkeeping
Executive Director for Operations. Community Development and requirements, Savings associations.
[FR Doc. 06–3651 Filed 4–17–06; 8:45 am]
Regulatory Improvement Act of 1994
OTS finds that there is good cause to 12 CFR Parts 552 and 563b
BILLING CODE 7590–01–P
dispense with prior notice and comment Reporting and recordkeeping
on this final rule and with the 30-day requirements, Savings associations,
DEPARTMENT OF THE TREASURY delay of effective date mandated by the Securities.
Administrative Procedure Act. 5 U.S.C.
12 CFR Part 561
Office of Thrift Supervision 553. OTS believes that these procedures
are unnecessary and contrary to public Savings associations.
12 CFR Parts 528, 546, 552, 561, 563, interest because the rule merely makes
12 CFR Part 563
563b, 570, 574, 575, and 583 technical and conforming amendments
to existing provisions necessitated by Accounting, Administrative practice
[No. 2006–15]
the merger of BIF and SAIF under the and procedure, Advertising, Conflict of
RIN 1550–AC05 Deposit Insurance Reform Act of 2005. interest, Crime, Currency, Holding
That merger took effect March 31, 2006. companies, Investments, Mortgages,
Technical Amendments To Reflect BIF Section 302 of the Riegle Community Reporting and recordkeeping
and SAIF Merger Development and Regulatory requirements, Savings associations,
Improvement Act of 1994 provides that Securities, Surety bond.
hsrobinson on PROD1PC68 with RULES

AGENCY: Office of Thrift Supervision,


Treasury. regulations that impose additional
12 CFR Part 570
ACTION: Final rule. reporting, disclosure, or other new
requirements may not take effect before Accounting, Administrative practice
SUMMARY: The Office of Thrift the first day of the quarter following and procedure, Bank deposit insurance,
Supervision (OTS) is amending its publication. Public Law 103–325, 12 Holding companies, Reporting and

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