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24936 Federal Register / Vol. 70, No.

91 / Thursday, May 12, 2005 / Rules and Regulations

Fairness Act of 1996, Pub. L. 104–121. NUCLEAR REGULATORY direct final rule. As stated in the
Finally, this action is not a rule as COMMISSION February 28, 2005, direct final rule, NRC
defined by 5 U.S.C. 601 et seq., the will address the comments received on
Regulatory Flexibility Act, and thus is 10 CFR Part 72 the February 28, 2005, companion
exempt from the provisions of that Act. proposed rule in a subsequent final rule.
RIN 3150–AH64
The NRC will not initiate a second
Paperwork Reduction Act comment period on this action.
List of Approved Spent Fuel Storage
This rule contains no information Casks: HI–STORM 100 Revision; Dated at Rockville, Maryland, this 5th day
collections or recordkeeping Withdrawal of Direct Final Rule of May, 2005.
requirements under the Paperwork For the Nuclear Regulatory Commission.
AGENCY: Nuclear Regulatory
Reduction Act of 1995 (44 U.S.C. 3501 Commission.
William Borchardt,
et seq.). Acting Executive Director for Operations.
ACTION: Direct final rule; withdrawal.
[FR Doc. 05–9448 Filed 5–11–05; 8:45 am]
List of Subjects in 7 CFR Part 1
SUMMARY: The Nuclear Regulatory BILLING CODE 7590–01–P
Administrative practice and Commission (NRC) is withdrawing a
procedure, Agriculture, Antitrust, Blind, direct final rule that would have revised
Claims, Concessions, Cooperatives, the Holtec International HI–STORM 100 DEPARTMENT OF TRANSPORTATION
Equal access to justice, Federal cask system listing within the ‘‘List of
buildings and facilities, Freedom of Approved Spent Fuel Storage Casks’’ to Federal Aviation Administration
information, Lawyers, Privacy. include Amendment No. 2 to the
Certificate of Compliance. The NRC is 14 CFR Part 39
■ Accordingly, we are amending 7 CFR taking this action because it has
part 1 as follows: [Docket No. FAA–2005–20379; Directorate
received significant adverse comments Identifier 2004–NM–174–AD; Amendment
in response to an identical proposed 39–14078; AD 2005–10–01]
PART 1—ADMINISTRATIVE
rule which was concurrently published
REGULATIONS RIN 2120–AA64
with the direct final rule.
■ 1. The authority citation for part 1 FOR FURTHER INFORMATION CONTACT: Airworthiness Directives; Airbus Model
continues to read as follows: Jayne M. McCausland, Office of Nuclear A310 Series Airplanes
Material Safety and Safeguards, U.S.
Authority: 5 U.S.C. 301, unless otherwise Nuclear Regulatory Commission, AGENCY: Federal Aviation
noted. Washington, DC 20555, telephone (301) Administration (FAA), Department of
415–6219 (e-mail: jmm2@nrc.gov). Transportation (DOT).
Subpart H—Rules of Practice
SUPPLEMENTARY INFORMATION: On ACTION: Final rule.
Governing Formal Adjudicatory
Proceedings Instituted by the February 28, 2005 (70 FR 9504), the
SUMMARY: The FAA is adopting a new
Secretary Under Various Statutes NRC published in the Federal Register
a direct final rule amending its airworthiness directive (AD) for all
regulations in 10 CFR 72.214 to revise Airbus Model A310 series airplanes.
■ 2. In § 1.131, paragraph (b) is amended This AD requires measuring the
the Holtec International HI–STORM 100
as follows: clearance between the compensator and
cask system listing within the ‘‘List of
■ a. In paragraph (b)(3), by removing the Approved Spent Fuel Storage Casks’’ to the guide assembly of probe no. 1 on the
word ‘‘and’’. include Amendment No. 2 to the outboard fuel tanks, and performing
Certificate of Compliance. Amendment corrective actions if necessary. This AD
■ b. By redesignating paragraph (b)(4) as
No. 2 modifies the present cask system is prompted by the results of fuel system
paragraph (b)(5) and by adding a new
design to include changes to materials reviews conducted by the manufacturer.
paragraph (b)(4) to read as set forth
used in construction, changes to the We are issuing this AD to prevent
below.
types of fuel that can be loaded, changes interference between the compensator
§ 1.131 Scope and applicability of this to shielding and confinement and the guide assembly of probe no. 1,
subpart. methodologies and assumptions, which could create an ignition source
* * * * * revisions to various temperature limits, that could result in a fire or explosion.
changes in allowable fuel enrichments, DATES: This AD becomes effective June
(b) * * *
and other changes to reflect current NRC 16, 2005.
(4) Adjudicatory proceedings under staff guidance and use of industry The incorporation by reference of a
the regulations promulgated under the codes. The direct final rule was to certain publication listed in the AD is
Animal Welfare Act (7 U.S.C. 2131 et become effective on May 16, 2005. The approved by the Director of the Federal
seq.) for the denial of an initial license NRC also concurrently published an Register as of June 16, 2005.
application (9 CFR 2.11) or the identical proposed rule on February 28, ADDRESSES: For service information
termination of a license during the 2005 (70 FR 9550). identified in this AD, contact Airbus, 1
license renewal process or at any other In the February 28, 2005, direct final Rond Point Maurice Bellonte, 31707
time (9 CFR 2.12); and rule, NRC stated that if any significant Blagnac Cedex, France.
* * * * * adverse comments were received, a Docket: The AD docket contains the
Done in Washington, DC, this 5th day of notice of timely withdrawal of the direct proposed AD, comments, and any final
May, 2005. final rule would be published in the disposition. You can examine the AD
Federal Register. As a result, the direct docket on the Internet at http://
Mike Johanns,
final rule would not take effect. dms.dot.gov, or in person at the Docket
Secretary of Agriculture. The NRC received significant adverse Management Facility office between 9
[FR Doc. 05–9444 Filed 5–11–05; 8:45 am] comment on the direct final rule; a.m. and 5 p.m., Monday through
BILLING CODE 3410–34–P therefore, the NRC is withdrawing the Friday, except Federal holidays. The

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