Federal Register 2004-01-07: Vol 69 Iss 4

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II Federal Register/Vol. 69, No.’ 4/Wednesday, January 7, 2004
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III
Contents
Federal Register
Vol. 69, No. 4
Wednesday, January 7, 2004
Agency for International Development Education Department
NOTICES NOTICES
Meetings: Grants and cooperative agreements; availability, etc.:
International Food and Agricultural Development Board, Vocational and adult education—
903 Smaller Learning Communities Program, 1065-1075
Reports and guidance documents: availability, etc.:
Cooperating Sponsor Results Reports (2003 FY) and Employment and Training Administration
Resource Requests (2005 FY); Title II guidelines, 903 NOTICES
Adjustment assistance:
Agriculture Department Alcatel Internetworking, 939
See Forest Service American Bag Corp., 939
Authentic Fitness Corp., 940
Air Force Department Citation Corp., 940
Cone Mills Corp., 940
RULES
Kulicke and Soffa Industries, 940-941
Privacy Act; implementation, 953-973
Mac Brad Wholesale Flowers, Inc., 941
ME International, Inc., 941
Centers for Medicare & Medicaid Services
Motorola, Inc., 941
RULES
Multilayer Technology (MULTEK), Inc., 941-942
Medicare:
Phillips Plastics Corp., 942
Physician fee schedule (2204 CY); payment reform for
Radioshack Corp., 942
drugs and biologicals, 1083-1267
Rayovac Corp., 942-943
NOTICES
Siemens Energy & Automation, 943
Agency information collection activities: proposals,
Silicon Graphics, Inc., 943
submissions, and approvals, 922-923
Steelcase, Inc., 943-944
Tibbetts Industries, Inc., 944
Coast Guard
TMH, 944
PROPOSED RULES
United States Postal Service, Remote Encoding Center,
Pollution:
Cohoes, NY, 944
Ballast water treatment systems; experimental shipboard
Zexel Valeo Compressor USA, 944
installations approval; withdrawn, 1077-1081
NOTICES Environmental Protection Agency
Reports and guidance documents; availability, etc.:
Shipboard Technology Evaluation Program: experimental NOTICES
Pesticides; emergency exemptions, etc.:
ballast water treatment systems; installation and
Propoxycarbazone-sodium, 915-917
testing, 1081-1082
Pesticides: experimental use permits, etc.:
Monsanto Co., 917—918
Commerce Department
Mycogen Seeds/Dow Agrosciences LLC, 918-919
See International Trade Administration Reports and guidance documents: availability, etc.:
See National Oceanic and Atmospheric Administration • Mixtures of disinfection by-products in drinking water;
feasibility of performing cumulative risk assessments,
Comptroller of the Currency 919-920
PROPOSED RULES Pesticide mixtures: relative potency factors development;
Corporate activities: biostatistical analyses of joint dose-response, 920
National banksr change in asset composition, 892-895 Reproductive toxicity in birds exposed to dioxin-like
NOTICES compounds for use in ecological risk assessment;
Central Data Repository System:
analysis of laboratory and field studies, 920-921
Consolidated reports of condition and income; new
submission method; voluntary testing and mandatory Executive Office of the President
enrollment, 950-951 See Management and Budget Office
Defense Department Federal Aviation Administration
See Air Force Department RULES
RULES Airworthiness directives:
Federal Acquisition Regulation (FAR): Airbus, 867-869
Architect-engineer contractors selection; new BAE Systems (Operations) Ltd., 869-871
consolidated form; effective date delay, 1049-1051 Boeing, 859-864
Introduction; technical amendments and corrections, Eurocopter Deutschland, 871-873
1049-1050 Kidde Aerospace, 864-867
Small Entity Compliance Guide, 1056-1058 PROPOSED RULES
U.S.-Chile and U.S.-Singapore Free Trade Agreements; Airworthiness directives:
implementation, 1050-1057 Boeing, 897-900 ^ ,
i *•
IV Federal Register/Vol. 69, No. 4/Wednesday, January 7, 2004/Contents
Gulfstream Aerospace LP, 895-897 Health and Human Services Department
McDonnell Douglas, 900-902 See Centers for Mediccue & Medicaid Services
See Food and Drug Administration
Federal Communications Commission See National Institutes of Health
RULES See Substance Abuse and Mental Health Services
Radio stations: table of assignments: Administration
Oklahoma and Texas, 874-875
Homeland Security Department
Federal Deposit Insurance Corporation See Coast Gueud
NOTICES
Central Data Repository System: Interior Department
Consolidated reports of condition and income; new See Fish and Wildlife Service
submission method; voluntary testing and mandatory See Surface Mining Reclamation and Enforcement Office
enrollment, 950-951
International Trade Administration
Federal Maritime Commission NOTICES
Antidumping:
NOTICES
Fresh garlic from—
Agreements filed, etc., 921
China, 903-905
Stainless steel bar from—
Federal Reserve System
United Kingdom, 905-907
NOTICES
Countervailing duties:
Banks and bank holding companies:
Hot-rolled carbon steel flat products from—
Change in bank control, 922
India, 907-915
Formations, acquisitions, and mergers, 921
Central Data Repository System:
International Trade Commission
Consolidated reports of condition and income; new
submission method; voluntary testing and mandatory NOTICES
Import investigations:
enrollment, 950-951
Automated mechanical transmission systems for medium-
duty and heavy-duty trucks and components, 936-
Fish and Wildlife Service
937
NOTICES Automobile tail light lenses and products incorporating
Endangered and threatened species:
same, 937-938
Findings on petitions, etc.—
Greater sage-grouse, 933-936
Justice Department
NOTICES
Food and Drug Administration
Pollution control: consent judgments:
NOTICES Saunders Supply Co. et al., 938
Agency information collection activities; proposals,
Stepan Co., 938
submissions, and approvals, 923-924
Winitsky Associates, 938-939
Memorandums of understanding:
Customs and Border Protection and Homeland Security Labor Department
Department: FDA allowed to commission CBP See Employment and Training Administration
officers, 924-929
Reports and guidance documents; availability, etc.: Management and Budget Office
Drug substance: chemistry, manufactming, and controls
NOTICES
information, 929-930 Hospital, medical, surgical, and dental care and treatment
Public Health Security and Bioterrorism Preparedness furnished by United States; charges to tortiously liable
and Response Act of 2002; implementation— third parties, 1061-1062
Food facilities registration and prior notice of imported Medical care for services provided by Veterans Affairs
food shipments; correction, 930 Department; cost-based and interagency billing rates,
1061-1064
Forest Service
NOTICES National Aeronautics and Space Administration
Meetings: RULES
Resource Advisory Conunittees— Federal Acquisition Regulation (FAR):
Southwest Idaho, 903 Architect-engineer contractors selection: new
consolidated form; effective date delay, 1049-1051
General Services Administration Introduction: technical amendments and corrections,
RULES 1049-1050
Federal Acquisition Regulation (FAR): Small Entity Compliance Guide, 1056-1058
Architect-engineer contractors selection; new U.S.-Chile and U.S.-Singapore Free Trade Agreements;
consolidated form; effective date delay, 1049-1051 implementation, 1050-1057
Introduction; technical amendments and corrections,
1049-1050 National Highway Traffic Safety Administration
Small Entity Compliance Guide, 1056-1058 NOTICES
U.S.-Chile and U^S.-Singapore Free Trade Agreements; Agency information collection activities; proposals,
implementation, 1050-1057 submissions, and approvals, 950
Federal Register/Vol. 69, No. 4/Wednesday, January 7, 2004/Contents V
National Institutes of Health Treasury Department
NOTICES See Comptroller of the Currency
Meetings:
Advisory Committee to Director, 930-931 Veterans Affairs Department
National Cancer Institute, 931
RULES
National Human Genome Research Institute, 931 Medical benefits:
National Institute on Drug Abuse, 931-932 Medical care for services provided by Veterans Affairs
Department: charges used for recovery from
National Oceanic and Atmospheric Administration tortiously liable third parties. 1059-1061
RULES NOTICES
Fishery conservation and management: Medical benefits:
Alaska: fisheries of Exclusive Economic Zone— Medical care for services provided by Veterans Affairs
Salmon. 875-878 Department; cost-based and interagency billing rates,
NOTICES 1061-1064
Meetings:
Mid-Atlantic Fishery Management Council, 915
Nuclear Regulatory Commission Separate Parts In This Issue
RULES
Spent nuclear fuel and high-level radioactive waste; Part II
independent storage; licensing requirements; Defense Department. Air Force Department, 953-973
Approved spent fuel storage casks; list, 849-858
PROPOSED RULES Part III
Production and utilization facilities; domestic licensing: Transportation Department, 975-1033
Light-water cooled nuclear power plants; construction,
and inspection of components and testing pumps
Part IV
and valves; industry codes and standards, 879-892
Interior Department, Surface Mining Reclamation and
NOTICES
Enforcement Office, 1035-1048
Applications, hearings, determinations, etc.:
Dominion Nuclear Connecticut, Inc., 944-947
PSEG Nuclear, LLC, 947-948 Part V
Defense Department; General Services Administration;
Office of Management and Budget National Aeronautics and Space Administration, 1049-
See Management and Budget Office 1058
Overseas Private Investment Corporation Part VI
NOTICES Executive Office of the President, Management and Budget
Meetings; Sunshine Act, 948 Office, 1061-1062
Securities and Exchange Commission Part VI
NOTICES Executive Office of the President, Management and Budget
Applications, hearings, determinations, etc.: Office; Veterans Affairs Department, 1061-1064
Metropolitan Mortgage & Securities Co., Inc., 949
Newtek Business Services, Inc., 949
Part VI
Summit Securities, Inc.', 949-950
Veterans Affairs Department, 1059-1061
State Department
Part VII
RULES
International Traffic in Arms regulations: Education Department, 1065-1075
U.S. Munitions List; amendments, 873-874
Part VIII
Substance Abuse and Mental Health Services Homeland Security Department, Coast Guard, 1077-1082
Administration
NOTICES Part IX
Agency information collection activities: proposals, Health and Human Services, Centers for Medicare'&
submissions, and approvals, 932-933 Medicaid Services, 1083-1267
Surface Mining Reclamation and Enforcement Office
PROPOSED RULES
Reader Aids
Surface and underground mining activities;
Consult the Reader Aids section at the end of this issue for
Excess spoil fills, construction requirements; stream
buffer zones, clarification, 1035-1048 phone numbers, online resources, finding aids, reminders,
and notice of recently enacted public laws.
Transportation Department To subscribe to the Federal Register Table of Contents
See Federal Aviation Administration LISTSERV electronic mailing list, go to http://
See National Highway Traffic Safety Administration listserv.access.gpo.gov and select Online mailing list
RULES archives, FEDREGTOC-L, Join or leave the list (or change
Computer reservations systems, carrier-owned, 975-1033 settings): then follow the instructions.
VI Federal Register/Vol. 68, No. 4/Wednesday, January 7, 2004/Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
10 CFR
72.. 849
Proposed Rules:
50.. 879
12 CFR
Proposed Rules:
5. .892
14 CFR
39 (6 documents). .859, 861,
864, 867, 869, 871
255. .976
Proposed Rules:
39 (3 documents). ;.895, 897,
900
22 CFR
121. .„...873
30 CFR
Proposed Rules:
780. .1036
816. .1036
817. .1036
32 CFR
806b. .954
33 CFR
Proposed Rules: '
151. .1078
38 CFR
17.. 1060
42 CFR
405. .1084
414. ..1084
47 CFR
73. .874
48 CFR
Ch. 1 (2
documents). ...1050, 1057
1. .1050
5. .1051
12. .1051
13. .1051
14. .1051
17. .1051
19. .1051
22. .1051
25. .1051
36. .1050
52. .1051
53. .1050
50 CFR
679. .875
849
Rules and Regulations
Federal Register
Vol. 69, No. 4
Wednesday, January 7, 2004
This section of the FEDERAL REGISTER (NWPA), requires that “[t]he Secretary -24PHB cask system were requested in
contains regulatory documents having general [of the Department of Energy (DOE)] this application. The NRC staff
applicability and legal effect, most of which shall establish a demonstration program, performed a detailed safety evaluation
are keyed to and codified in the Code of in cooperation with the private sector, of the proposed CoC amendment request
Federal Regulations, which is published under for the dry storage of spent nuclear fuel and found that an acceptable safety
50 titles pursuant to 44 U.S.C. 1510.
at civilian nuclear power reactor sites, margin is maintained. In addition, the
The Code of Federal Regulations is sold by with the objective of establishing one or NRC staff has determined that there is
the Superintendent of Documents. Prices of more technologies that the [Nuclear still reasonable assurance that public
new books are listed in the first FEDERAL Regulatory] Commission may, by rule, health and safety and the environment
REGISTER issue of each week. approve for use at the sites of civilian will be adequately protected.
nuclear power reactors without, to the This rule revises the Standardized
maximum extent practicable, the need NUHOMS®-24P, -52B, -61BT, and
NUCLEAR REGULATORY for additional site-specific approvals by -24PHB cask system listing in § 72.214
COMMISSION the Commission.” Section 133 of the by adding Amendment No. 5 to CoC No.
NWPA states, in part, that “[t]he 1004. The particular Technical
10CFR Part 72
Commission shall, by rule, establish Specifications (TS) which are changed
RIN 3150-AH36 procedures for the licensing of any are identified in the NRC staffs Safety
technology approved by the Evaluation Report (SER) for Amendment
List of Approved Spent Fuel Storage Commission under Section 218(a) for No. 5.
Casks: Standardized NUHOMS®-24P, use at the site of any civilian nuclear •The NRC published a direct final rule
-52B, -61BT, -24PHB, and -32PT power reactor.” (68 FR 49683; August 19, 2003) and the
Revision To implement this mandate, the NRC companion proposed rule (68 FR 49726)
agency: Nuclear Regulatory approved dry storage of spent nuclear in the Federal Register to revise the TN
Commission. fuel in NRC-approved casks under a Standardized NUHOMS®-24P, -52B,
general license, publishing a final rule -61BT, and -24PHB cask system listing
ACTION: Final rule.
in 10 CFR Part 72 entitled, “General in 10 CFR 72.214 to include
SUMMARY: The Nuclear Regulatory License for Storage of Spent Fuel at Amendment 5 to the CoC. The comment
Commission (NRC) is amending its Power Reactor Sites” (55 FR 29181; July period ended on September 16, 2003.
regulations to revise the TransnuclecU", 18,1990). This rule also established a One comment letter was received on the
Inc. (TN) Standardized NUHOMS®-24P, new Subpart L within 10 CFR Part 72, proposed rule. The comments were
-52B, -61BT, and -24PHB cask system entitled “Approval of Spent Fuel considered to be significant and adverse
listing within the “List of Approved Storage Casks” containing procedures and warranted withdrawal of the direct
Spent Fuel Storage Casks” to include and criteria for obtaining NRC approval final rule. A notice of withdrawal was
Amendment No. 5 to Certificate of of spent fuel storage cask designs. The published in the Federal Register on
Compliance (CoC) Number 1004. NRC subsequently issued a final rule on October 30, 2003; 68 FR 61734.
Amendment No. 5 will add another dry December 22,1994 (59 FR 65920), that The NRC finds that the amended TN
shielded canister (DSC), designated approved the Standardized NUHOMS®- Standardized NUHOMS®-24P, -52B,
NUHOMS®-32PT DSC, to the 24P and -52B cask design and added it -61BT, and -24PHB cask system, as
authorized contents of the Standardized to the list of NRC-approved cask designs designed and when fabricated and used
NUHOMS®-24P, -52B, -61BT, and in § 72.214 as Certificate of Compliance in accordance with the conditions
-24PHB cask system. This canister is Number (CoC No.) 1004. Amendments specified in its CoC, meets the
designed to accommodate 32 No. 3 and 6 added the -61BT DSC and requirements of Part 72. Thus, use of the
pressurized water reactor (PWR) the -24PHB DSC, respectively, to the amended TN Standardized NUHOMS®-
assemblies with or without Burnable system. 24P, -52B, -61BT, and -24PHB cask
Poison Rod Assemblies. It is designed system, as approved by the NRC, will
for use with the existing NUHOMS® Discussion provide adequate protection of public
Horizontal Storage Module and On June 29, 2001, the certificate health and safety and the environment.
NUHOMS® Transfer Cask under a holder (TN) submitted an application to With this final rule, the NRC is
general license. the NRC to amend CoC No. 1004 to add approving the use of the TN
EFFECTIVE DATE: This final rule is another dry shielded canister, Standardized NUHOMS®-24P, -52B,
effective on January 7, 2004. designated NUHOMS®-32PT DSC, to -61 BT, -24PHB, and -32PT cask system
FOR FURTHER INFORMATION CONTACT: the authorized contents of the under the general license in 10 CFR Part
Jayne M. McCausland, Office of Nuclear Standardized NUHOMS®-24P, -52B, 72, Subpcul K, by holders of power
Material Safety and Safeguards, U.S. -61 BT, and -24PHB cask system. This reactor operating licenses under 10 CFR
Nuclear Regulatory Commission, canister is designed to accommodate 32 Part 50. Simultaneously, the NRC is
Washington, DC 20555-0001, telephone PWR assemblies with or without issuing a final SER and CoC that will be
[phone], e-mail [email protected]. Burnable Poison Rod Assemblies. It is effective on January 7, 2004. Single
designed for use with the existing copies of the CoC and SER are available
SUPPLEMENTARY INFORMATION:.
NUHOMS® Horizontal Storage Module for public inspection and/or copying for
Background and NUHOMS® Transfer Cask. No other a fee at the NRC Public Document
Section 218(a) of the Nuclear Waste changes to the Standardized Room, 11555 Rockville Pike, Rockville,
Policy Act of 1982, as amended NUHOMS®-24P, -52B, -61BT, and MD. Copies of the public comments are
850 Federal Register/Vol. 69, No. 4/Wednesday, January 7, 2004/Rules and Regulations
available for review in the NRC Public NUHOMS system. The commenter be aligned with respect to the horizontal
Document Room, 11555 Rockville Pike, stated that it is common knowledge in storage module (HSM) so that the
Rockville, MD. geomechanics that the free field longitudinal centerline of the DSC in the
accelerations at the site can be transfer cask is within ± Vs inch of its
Summary of Public Comments on the
magnified considerably on the pad due true position when the cask is docked
Proposed Rule
to soil-structure interaction effects. The with the HSM front access opening.”
The NRC received one comment letter commenter added that TN’s analysis of Further, this requirement, imposed to
on the proposed rule. A copy of the NUHOMS assumes that 0.25g and 0.17g enable the DSC to be moved
comment letter is available for review in horizontal and vertical accelerations are horizontally, is tedious but doable
the NRC Public Document Room. The applied on the horizontal storage during initial loading. However,
NRC’s responses to the issues raised by module (HSM) basemat; thus, these are calculations performed for typical
the commenter follow. As stated in the the limiting values of on-the-pad storage pads loaded with heavy casks
proposed rule (68 FR 49726; August 19, accelerations, not “site parameters” as show that the long-term differential
2003), the NRC considered this noted in the TS. settlement from soil creep can be several
amendment to be a noncontroversial Response: Page A-1 of the Technical inches over 20 years. The commenter
and routine action. Therefore, the NRC Specifications states the following. stated that NUHOMS’s FSAR makes no
published a direct final rule (68 FR “* * * site specific parameters and special demands on the soil strength to
49683; August 19, 2003) concurrent analyses, identified in the SER, that will limit long-term settlement of the pad.
with the proposed rule (68 FR 49683; need verification by the system user, The commenter further stated that there
August 19, 2003). The NRC indicated are, as a minimum, as follows: * * are no specific strength limits applied
that if it received a “significant adverse Item 3, in that listing, states: “The on the NUHOMS pad either which,
comment” on the proposed rule, the horizontal and vertical seismic along with the absence of a mandated
NRC would publish a document acceleration levels of 0.25g and 0.17g, hard subgrade, would likely lead to
withdrawing the direct final rule and respectively.” several inches of differential settlement
subsequently publish a final rule that The commenter indicates that the SER of tlie pad over 20 years of storage, and
addressed comments made on the is ambiguous in addressing when the the user’s ability to maintain the
proposed rule. The NRC believes some site-specific seismic parameters are to alignment specified in TS 1.2.9 will be
of the issues raised by the commenter be taken as design values. In quoting lost. The commenter claimed that the
were “significant adverse comments.” Section 3.1.2.1.7 of the SER, the DSC will be in an irremovable state, in
Therefore, the NRC published a notice commenter did not include the second direct violation of § 72.130.
withdrawing the direct final rule (68 FR sentence of the SER paragraph. That Response: As stated in Section 1.3.1.2
61734; October 30, 2003). This second sentence of the paragraph states of the FSAR, “The HSMs are
subsequent final rule addresses the that: “The location of these constructed on a load bearing
issues raised by the commenter that accelerations is taken at the top of the foundation which consists of a
were within the scope of the proposed concrete pad/basemat of the HSM.” reinforced concrete basemat on
rule. What the actual values are is a function compacted engineered fill.” The general
of the site which includes the ground licensee is responsible for the design
Comments on Amendment 5 to the TN
accelerations and soil structure and construction of the HSM load
Standardized NUHOMS®-24P, -52B,
interaction effects. bearing foundations. If a properly
-61BT. -24PHB, and -32PT Cask
No additional clarification is designed and constructed foundation
System
necessary in the Technical system is completed for the basemat,
The commenter provided specific Specifications. several inches of hypothesized
comments on the Technical Comment 2: The commenter quoted a differential settlement should not
Specifications, the SER, and the Final portion of § 72.130 which mandates that develop. If differential settlement of a
Safety Analysis Report (FSAR). None of the ISFSI must be designed for limited magnitude were to develop, the
these documeiits were changed as a decommissioning, particularly it must transport trailer is equipped with
result of public comments. A review of be designed “to facilitate the removal of hydraulic jacks/positioners and an
the comments and the NRC’s responses radioactive wastes * * *”. alignment system identified as the
follows; The commenter stated that, based on support skid positioning system that is
Comment 1: The commenter stated the information presented in the FSARs normally used for the alignment of the
that TS 1.1.1 set the limits of 0.17g and NRC’s SER, one cannot conclude transfer cask. This same system can be
vertical and 0.25g horizontal on seismic with reasonable confidence that the used to accommodate effects resulting
accelerations and identified these limits loaded -32PT dry shielded canisters from limited differential settlement
as site-specific parameters. The will be able to be removed by the between the basemat and the approach
commenter also stated that the SER was hydraulic ram after the NUHOMS slab. If a situation were to develop
equally ambiguous in paragraph modules have been on the storage pad where the support skid positioning
3.1.2.1.7. The commenter recommended for their licensed life (20 years). system could not accommodate the
that the TS be corrected to state To support this view, the commenter differential settlement, the approach
unequivocally that 0.25g and 0.17g are, presented two main technical reasons slab can be modified or other measures
respectively, the maximum permitted for pessimism with regard to the can be taken. See the following response
values of the peak horizontal and removal of the loaded DSCs after 20 on corrosion and environment.
vertical accelerations at the NUHOMS/ years of storage; namely, potential for Comment 3: The commenter stated
Independent Fuel Storage Installation long-term settlement of the pad and that, under the general CoC authority,
(ISFSI) pad interface. weathering (corrosion) of the DSC/rail the NUHOMS system can be installed at
To support this recommendation, the interface under extended exposure (20 any site in the U.S., including coastal
commenter referred to an inspection of years) to the elements. sites and marine environments. The
the FSAR which revealed that 0.25g and With respect to long-term settlement, potential for surface corrosion,
0.17g are applied as peak horizontal and the commenter noted that TS 1.2.9 including pitting the DSC and HSM rail
vertical ground accelerations on the stipulates that the transfer “cask must surfaces under the ambient