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Code · REGISTER · 2008-01-31 · PROPOSED RULES · Agricultural Agricultural Marketing Service NOTICES United States Standards for Livestock and Meat Marketing Claims, etc.; Comment Period Extension, 5789 E8-1722 Agriculture Agriculture Department See · Unknown

Unknown. Final rule

34,716 words·~158 min read·/register/2008/01/31/08-349

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2008-01-31.xml --- 73 21 Thursday, January 31, 2008 Contents Agricultural Agricultural Marketing Service NOTICES United States Standards for Livestock and Meat Marketing Claims, etc.; Comment Period Extension, 5789 E8-1722 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Army Army Department See Engineers Corps NOTICES Non-Exclusive, Exclusive, or Partially Exclusive Licensing:
Remote Mosaic Imaging System Having High-Resolution, Wide Field-of-View and Low Bandwidth; U.S. Patent, 5827 E8-1747 Centers Centers for Medicare and Medicaid Services PROPOSED RULES Medicare Program: Option for Prescription Drug Plans to Lower Their Premiums for Low-Income Subsidy Beneficiaries; Correction, C8-15, [ **Editorial Note:** The page number for this document was inadvertently left out in the Tuesday, January 29, 2008 issue. The correct page number is 5270.] Civil Civil Rights Commission NOTICES Meetings;
Sunshine Act, 5790 08-461 Coast Guard Coast Guard RULES Anchorage Grounds: Hampton Roads, VA, 5744-5746 E8-1762 Drawbridge Operation Regulations: Corson Inlet, New Jersey Intracoastal Waterway (NJICW), Townsend Inlet, NJ, 5747-5749 E8-1764 Safety Zone: Trent River Between New Bern and James City, North Carolina, 5749-5751 08-448 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Postsecondary Internship Program;
Funding Availability, 5790-5792 E8-1659 Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 5817 08-456 Defense Defense Department See Army Department See Engineers Corps See Navy Department PROPOSED RULES Federal Acquisition Regulation: Limiting Length of Noncompetitive Contracts in Unusual and Compelling Urgency Circumstances, 5784 E8-1681 NOTICES Privacy Act; Systems of Records, 5817-5827 E8-1742 E8-1743 E8-1744 E8-1746 Drug Drug Enforcement Administration PROPOSED RULES Controlled Substances Schedules:
Indiplon; Schedule IV Placement, 5778-5781 E8-1692 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5875 E8-1741 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Intent to Prepare an Environmental Impact Statement: Sacramento Area Flood Control Agency, Natomas Levee Improvement Project, Sacramento, CA, 5827-5828 E8-1753 EPA Environmental Protection Agency RULES Nebraska Municipal Solid Waste Landfill Program Adequacy, 5751-5753 E8-1786 State Hazardous Waste Management Program Revisions:
Massachusetts, 5753-5760 E8-1316 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Control of Volatile Organic Compound Emissions From Kraft Foods Global, Inc.; Richmond Bakery, Henrico County, VA, 5781-5783 E8-1777 State Hazardous Waste Management Program Revisions: Massachusetts, 5783 E8-1313 NOTICES Meetings: Science Advisory Board, 5836 E8-1793 Science Advisory Board Staff Office Request for Nominations: Panel on Risk and Technology Review Assessments for Phase II Source Categories, 5836-5838 E8-1772 Particulate Matter Research Centers Program Review Panel, 5838-5839 E8-1774 System Research and Application Corporation:
Transfer of Data, 5839-5840 E8-1796 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 5840 08-454 Executive Executive Office of the President See Presidential Documents See Science and Technology Policy Office FAA Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A300 B4-600, A300 B4 600R, A300 C4 600R, and A300 F4-600R Series Airplanes, 5731-5733 E8-1462 Cessna Aircraft Company Models 172R and 172S Airplanes, 5737-5739 E8-1460 Honeywell International Inc.
TFE731 2C, etc., 5735-5737 E8-1238 Stemme GmbH & Co. KG Model S10-VT Powered Sailplanes, 5733-5735 E8-1679 Viking Air Limited Model DHC-6 Series Airplanes, 5729-5730 E8-1461 Class E Airspace; Establishment: Lewisburg, PA, 5739-5741 08-349 PROPOSED RULES Airworthiness Directives: Boeing Model 747 Airplanes, 5768-5775 E8-1703 E8-1704 E8-1705 Bombardier Model CL 600 2B19 (Regional Jet Series 100 & 440), CL 600 2C10 (Regional Jet Series 700, 701 & 702), CL 600 2D15 (Regional Jet Series 705), and C Correction, 5767-5768 E8-1695 Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB 120 Series Airplanes, 5775-5776 E8-1706 Class E Airspace; Establishment: Winona, MS, 5776-5777 08-351 Class E Airspace; Proposed Amendment: Factoryville, PA, 5777-5778 08-350 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 08-426 08-427 5903-5904 08-428 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-1771 E8-1782 5842-5846 E8-1791 Federal Energy Federal Energy Regulatory Commission NOTICES Arlington Storage Company, LLC;
Application, 5830-5831 E8-1738 Intent to Prepare an Environmental Assessment: Natural Gas Pipeline Co. of America; Herscher-Galesville Expansion Project, 5831-5833 E8-1737 Williston Basin Interstate Pipeline Co.; Sheyenne Expansion Project, 5833-5835 E8-1736 Meetings: Floridian Natural Gas Storage Company, LLC; Technical Conference, 5835 E8-1740 PSEG Energy Resources & Trade; Filing, 5835 E8-1739 Federal Reserve Federal Reserve System RULES Extensions of Credit by Federal Reserve Banks, 5727-5729 E8-1657 FTC Federal Trade Commission NOTICES Negotiated Data Solutions LLC:
Analysis of Proposed Consent Order to Aid Public Comment, 5846-5855 E8-1801 Federal Transit Federal Transit Administration NOTICES Emergency Relief Docket, CY 2008; Establishment, 5904-5905 08-386 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Tidewater Goby; Critical Habitat Designation Revision, 5920-6006 08-264 PROPOSED RULES Injurious Wildlife Species; Constrictor Snakes From Python, Boa, and Eunectes Genera; Information review, 5784-5785 E8-1770 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5866-5867 E8-1669 Comprehensive Conservation Plan and Environmental Assessment; Bear Butte National Wildlife Refuge, SD, 5867-5868 E8-1729 Endangered Species Recovery Permit Applications, 5868-5869 E8-1684 Forest Forest Service NOTICES Intent to Prepare an Environmental Statement: San Juan National Forest; Columbine Ranger District; Colorado; Hermosa Landscape Grazing Analysis; Correction, 5789-5790 E8-1728 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation:
Limiting Length of Noncompetitive Contracts in Unusual and Compelling Urgency Circumstances, 5784 E8-1681 Geological Geological Survey NOTICES Meetings: Scientific Earthquake Studies Advisory Committee, 5869 08-425 Health Health and Human Services Department See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Advisory Committee on Organ Transplantation; Request for Nominations for Voting Members, 5855-5856 E8-1730 Homeland Homeland Security Department See Coast Guard See U.S.
Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5861-5862 E8-1808 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-1699 5864-5865 E8-1783 Credit Watch Termination Initiative, 5865-5866 E8-1700 Interior Interior Department See Fish and Wildlife Service See Geological Survey IRS Internal Revenue Service RULES Release of Lien or Discharge of Property, 5741-5744 E8-1569 NOTICES Meetings:
Area 1 Taxpayer Advocacy Panel, 5909 E8-1710 Area 2 Taxpayer Advocacy Panel, 5909 E8-1712 Area 3 Taxpayer Advocacy Panel, 5909 E8-1713 Area 4 Taxpayer Advocacy Panel, 5910 E8-1711 Area 5 Taxpayer Advocacy Panel, 5910 E8-1709 Area 6 Taxpayer Advocacy Panel, 5910 E8-1720 Area 7 Taxpayer Advocacy Panel, 5910-5911 E8-1708 Taxpayer Advocacy Panel; Ad Hoc IRS Forms and Publications/Language Services Issue Committee, 5912 E8-1718 Taxpayer Advocacy Panel; Earned Income Tax Credit Issue Committee, 5911 E8-1715 Taxpayer Advocacy Panel;
Joint Committee, 5912-5913 E8-1721 Taxpayer Advocacy Panel; Small Business/Self Employed-Taxpayer Burden Reduction Issue Committee, 5911 E8-1707 Taxpayer Advocacy Panel; Taxpayer Assistance Center Committee, 5912 E8-1719 Taxpayer Advocacy Panel; Volunteer Income Tax Assistance Issue Committee, 5912 E8-1717 Taxpayer Advocacy Panel; Wage & Investment Reducing Taxpayer Burden (Notices) Issue Committee, 5911 E8-1716 International International Trade Administration NOTICES Extension of Time Limit for Final Results of Second Antidumping Administrative Review:
Floor-Standing, Metal-Top Ironing Tables and Parts; China, 5792 E8-1800 Final Results of Antidumping Duty Administrative Review; Canned Pineapple Fruit from Thailand, 5792-5793 E8-1794 Postponement of Preliminary Determination of Antidumping Duty Investigation: Raw Flexible Magnets from China, 5794 E8-1759 Preliminary Determination of Sales at Less Than Fair Value: Laminated Woven Sacks From China, 5801-5811 E8-1755 Light-Walled Rectangular Pipe and Tube From Republic of Korea, 5794-5801 08-415 International International Trade Commission NOTICES Fresh Tomatoes From Mexico, 5869 E8-1732 Stainless Steel Bar From France, Germany, Italy, Korea, and the United Kingdom, 5869-5870 E8-1735 Justice Justice Department See Drug Enforcement Administration See Justice Programs Office See National Institute of Corrections NOTICES Consent Decree:
Boston & Maine Corp., et al., 5870 08-410 City of Scranton, PA, 5870-5871 08-409 Mallinckrodt, Inc. et al., 5871 08-412 Massey Energy Company, et al., 5871-5872 08-411 Shell Oil Co., 5872 08-413 Lodging of Consent Decree: United States of America and Tamarack Resort LLC Under the Clean Water Act, 5872 E8-1581 Justice Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5872-5873 E8-1714 Labor Labor Department See Employment and Training Administration NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:
Limiting Length of Noncompetitive Contracts in Unusual and Compelling Urgency Circumstances, 5784 E8-1681 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-1758 5905-5906 E8-1766 National Institute National Institute of Corrections NOTICES Strategic Planning Coordinator, Kansas Evidence Based Practices Implementation Effort; Cooperative Agreement Solicitation, 5873-5875 08-391 NIH National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5856-5858 E8-1688 E8-1690 Meetings: Center for Scientific Review, 5858-5859 08-419 National Heart, Lung, and Blood Institute, 5859-5860 08-420 08-421 National Institute of Environmental Health Sciences, 5860-5861 08-418 National Institute of Nursing Research, 5861 08-422 NOAA National Oceanic and Atmospheric Administration RULES Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications, 5760-5761 E8-1683 PROPOSED RULES Marine Mammals:
Advanced Notice of Proposed Rulemaking, 5786-5788 E8-1666 NOTICES Meetings: U.S. Coral Reef Task Force, 5811 08-414 Solicitation for members of the NOAA Science Advisory Board, 5812 E8-1698 U.S. Integrated Ocean Observing System; Proposed Data Management and Communications Standards; Comment Availability, 5812-5813 E8-1723 Vessel Monitoring Systems; Mobile Transmitting Unit Type Approval Requirements Specification, 5813-5817 E8-1662 National Science National Science Foundation NOTICES Federal Demonstration Partnership, Phase V, 5876 08-431 Meetings;
Sunshine Act, 5876-5877 E8-1798 Navy Navy Department NOTICES Privacy Act; Systems of Records, 5828-5830 E8-1745 Nuclear Nuclear Regulatory Commission RULES Minor Amendments; Re-organization, 5709-5727 E8-1646 PROPOSED RULES Rulemaking Petition Denial: Nevada, 5762-5767 E8-1751 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5878 E8-1754 5878-5879 E8-1756 Application Approval Consideration: Louisiana Energy Services National Enrichment Facility, Lea County, NM;
Proposed corporate Restructuring; Comment and Hearing Request, 5882-5884 E8-1807 Combined License Docketing Acceptance: Calvert Cliffs Nuclear Power Plant, Unit 3, 5877-5878 E8-1806 Confirmatory Order; In the Matter of Luis Fernandez, 5879-5880 E8-1785 Confirmatory Order; In the Matter of William Johns, 5880-5882 E8-1795 Receipt and Availability of Application for Renewal; Amergen Energy Co., LLC: Three Mile Island Nuclear Station, Unit 1, Facility Operating License; Additional 20-Year Period, 5877 E8-1802 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 5817 E8-1727 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5906-5907 E8-1761 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National African American History Month (Proc. 8218), 5705-5706 08-459 USA Freedom Corps; sixth anniversary (Proc. 8219), 5707-5708 08-460 Science Science and Technology Policy Office NOTICES Decision under Section 127(f);
Public Health Security and Bioterrorism Preparedness and Response Act of 2002, 5840-5842 E8-1769 SEC Securities and Exchange Commission NOTICES Section 8(f) of the Investment Company Act of 1940; Deregistration Applications, 5884-5885 E8-1687 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 5885-5892 E8-1725 NASDAQ Stock Market LLC, 5892-5894 E8-1731 SBA Small Business Administration NOTICES Disaster Declaration No. 11158 and No. 11159;
Massachusetts Disaster No. MA-00013, 5894-5895 E8-1779 Meeting: Region IV North Florida District Advisory Council, 5895 E8-1767 Meetings: Houston District Advisory Council, 5895 E8-1773 National Advisory Council, 5895 E8-1768 State State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5895-5896 E8-1748 Bureau of Democracy, Human Rights and Labor: Proposal Submission Instructions; Open Comment, 5896-5897 E8-1750 Bureau of Educational and Cultural Affairs Request for Grant Proposals:
Community College Initiative for Egypt, 5897-5902 E8-1752 Surface Surface Transportation Board NOTICES BNSF Railway Co.; Marion County, MO; Abandonment Exemption, 5907 E8-1475 Canadian National Railway Company and Grand Trunk Corporation; Control; EJ&E West Company, 5907-5908 E8-1859 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5913 E8-1792 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Meetings:
Presidents Advisory Council on Financial Literacy, 5908-5909 08-447 Customs U.S. Customs and Border Protection NOTICES Final determination; Concerning Printers, 5862-5864 E8-1685 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5913-5917 E8-1673 E8-1675 E8-1689 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 5920-6006 08-264 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 73 21 Thursday, January 31, 2008 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 1, 2, 30, 31, 32, 34, 35, 40, 50, 51, 52, 55, 61, 62, 73, 75, 100, 140, and 150 RIN 3150-AI07 Minor Amendments: Re-organization AGENCY:
Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission
(NRC)is amending its regulations to reflect the addresses of two additional Headquarters buildings, the reorganization of the Office of Nuclear Materials Safety and Safeguards, the creation of the Office of Federal and State Materials and Environmental Management Programs, the reorganization of the Office of Nuclear Reactor Regulation, the creation of the Office of New Reactors, and other minor changes. This document is necessary to inform the public of these minor changes to NRC regulations. DATES: *Effective Date:* January 31, 2008. FOR FURTHER INFORMATION CONTACT: Carina Clark, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; Telephone
(301)415-5306; e-mail *cac8@ nrc.gov.* SUPPLEMENTARY INFORMATION: Background The Nuclear Regulatory Commission is amending the regulations in 10 CFR parts 1, 2, 30, 31, 32, 34, 35, 40, 50, 51, 52, 55, 61, 62, 73, 75, 100, 140, and 150 to reflect the addresses of two additional Headquarters buildings, the reorganization of the Office of Nuclear Materials Safety and Safeguards, the creation of the Office of Federal and State Materials and Environmental Management Programs, the reorganization of the Office of Nuclear Reactor Regulation, the creation of the Office of New Reactors, and other minor changes. Because these amendments constitute minor administrative corrections to the regulations, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(B). The amendments are effective upon publication in the **Federal Register** . Good cause exists under 5 U.S.C 553(d) to dispense with the usual 30-day delay in the effective date of the final rule because the amendments are of a minor and administrative nature dealing with internal agency organization and facilities and do not require action by any person or entity regulated by the NRC, nor does the final rule change the substantive responsibilities of any person or entity regulated by the NRC. Summary of Changes 1. Addition of Two Headquarters Locations Two Headquarters locations have been added. The new locations are incorporated into § 1.5(a)(3) and 1.5(a)(4). 2. Office of Federal and State Materials and Environmental Management Programs Replaces Office of State and Tribal Programs The Office of Federal and State Materials and Environmental Management Programs replaces the Office of State and Tribal Programs in § 1.32(b). 3. Director, Office of Federal and State Materials and Environmental Management Programs Replaces Director, Division of Industrial and Medical Nuclear Safety The Director, Office of Federal and State Materials and Environmental Management Programs replaces Director, Division of Industrial and Medical Nuclear Safety in § 40.25(c)(1), 40.25(c)(2), and 40.25 (d)(4). 4. Office of Federal and State Materials and Environmental Management Programs Replaces Office of Nuclear Material Safety and Safeguards The Office of Federal and State Materials and Environmental Management Programs replaces the Office of Nuclear Material Safety and Safeguards in the following sections: §§ 30.6(a)(1), 30.33(a)(5), 30.55(c), 31.5(c)(5), 31.5(c)(8)(ii), 31.5(c)(9)(i), 31.5(c)(11), 31.5(c)(14), 31.11(b)(1), 31.11(e), 32.12(a), 32.16(a), 32.20(b), 32.25(c), 32.29(c), 32.52(a), 32.56, 32.210(b), 34.27(d), 34.43(a)(1), 34.101(a), 35.3067, 40.5(a)(1), 40.26(c)(2), 40.32(e), 40.35(e)(1), 40.35(f), 40.65(a)(1), 61.2, 61.4, 61.80(h)(i)(1), 62.3, 150.4, 150.16(b)(2), and 150.19(c). 5. Addition of the Office of Federal and State Materials and Environmental Management Programs The Office of Federal and State Materials and Environmental Management Systems was created and is incorporated into the following sections: §§ 2.101(a)(1), 2.101(a)(3), 2.101(a)(3)(i), 2.101(a)(3)(iii), 2.101(a)(4), 2.101(a)(5), 2.101(b), 2.101(d), 2.101(e)(3), 2.101(e)(6), 2.101(e)(7), 2.101(e)(8), 2.101(f)(1)(iii), 2.101(f)(2)(i)(A), 2.101(f)(2)(i)(C), 2.101(f)(3), 2.101(f)(4), 2.101(f)(5), 2.102(b), 2.102(c), 2.103(a), 2.103(b), 2.104(b)(2)(i), 2.105(e)(1), 51.4, 75.6(b), 75.6(c), 140.5, and 140.6. 6. Addition of the Office of New Reactors The Office of New Reactors was created and is incorporated into the following sections: §§ 1.32(b), 2.101(a)(1), 2.101(a)(3), 2.101(a)(3)(i), 2.101(a)(3)(iii), 2.101(a)(4), 2.101(a)(5), 2.101(d), 2.102(b), 2.102(c), 2.103(a), 2.103(b), 2.105(e)(1), 2.107(c), 2.108(a), 2.108(b), 2.108(c), 2.318(b), 2.337(g)(1), 2.337(g)(2)(iv), 2.337(g)(3)(iv), 50.30(a)(2), 50.55a(a)(3), 50.55(g)(6)(ii)(A)(5), 50.61(a)(5), 50.61(c)(3), 50.70(b)(1), 50.75(h)(1)(iii), 50.75(h)(1)(iv), 50.75(h)(2), Appendix G to Part 50 Sections I, III(A) and
(B)and Sections IV (A.1.a) and (A.1.c), Appendix H to Part 50 Sections III (C.1) and (C.3), §§ 51.4, 51.40(c)(1), 51.121(a), 55.5(a)(1), 73.4, 75.6(c), 100.4, 140.5, and 140.6(a). 7. Added Description of Duties of the Office of Federal and State Materials and Environmental Management Systems Existing Section 1.41 is revised to include a description of the duties of the Office of Federal and State Materials and Environmental Management Systems. 8. Revised Description of Duties Performed by Office of Nuclear Material Safety and Safeguards Section 1.42 is revised to include updated information about the duties of the Office of Nuclear Material Safety and Safeguards. 9. Added New Section Containing Description of the Duties of the Office of New Reactors Added new § 1.44 containing description of the duties of the Office of New Reactors. 10. Changed Rules and Directives Branch to Rulemaking, Directives, and Editing Branch In § 2.802, the name for the Rules and Directives Branch is changed to the Rulemaking, Directives, and Editing Branch. 11. Changed Office Director Designations to Director, Office of New Reactors and Director, Office of Nuclear Reactor Regulation In §§ 2.101(a)(3)(ii), 2.106(a), 2.110(b), 2.110(c), 2.340(a), 2.340(c), 2.403, Appendix J to Part 50 Section V (B.2), §§ 51.105(a)(5), 51.105a, 51.107(a)(5), 52.35, 52.75(a), 55.5(b)(1) and 55.5(b)(2), changed office director designations to Director, Office of New Reactors and Director, Office of Nuclear Reactor Regulation to maintain consistency. Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion under 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement The final rule does not contain new or amended information collection requirements 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 numbers 3150-0017, 3150-0016, 3150-0001, 3150-0007, 3150-0010, 3150-0020, 3150-0011, 3150-0021, 3150-0151, 3150-0018, 3150-0135, 3150-0143, 3150-0002, 3150-0055, 3150-0039, and 3150-0032. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information of an information collection requirement unless the requesting document displays a currently valid OMB control number. List of Subjects 10 CFR Part 1 Organization and functions (Government Agencies). 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. 10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements. 10 CFR Part 31 Byproduct material, Criminal penalties, Labeling, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment. 10 CFR Part 32 Byproduct material, Criminal penalties, Labeling, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements. 10 CFR Part 34 Criminal penalties, Packaging and containers, Radiation protection, Radiography, Reporting and recordkeeping requirements, Scientific equipment, Security measures. 10 CFR Part 35 Byproduct material, Criminal penalties, Drugs, Health facilities, Health professions, Medical devices, Nuclear materials, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements. 10 CFR Part 40 Criminal penalties, Government contracts, Hazardous materials transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium. 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. 10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. 10 CFR Part 52 Administrative practice and procedure, Antitrust, Backfitting, Combined license, Early site permit, Emergency planning, Fees, Inspection, Limited work authorization, Nuclear power plants and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Reporting and recordkeeping requirements, Standard design, Standard design certification 10 CFR Part 55 Criminal penalties, Manpower training programs, Nuclear power plants and reactors, Reporting and recordkeeping requirements. 10 CFR Part 61 Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal. 10 CFR Part 62 Administrative practice and procedure, Denial of access, Emergency access to low-level waste disposal, Low-level radioactive waste, Low-level radioactive waste treatment and disposal, Low-level waste policy amendments act of 1985, Nuclear materials, Reporting and recordkeeping requirements. 10 CFR Part 73 Criminal penalties, Export, Hazardous materials transportation, Import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 75 Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures. 10 CFR Part 100 Nuclear power plants and reactors, Reactor siting criteria. 10 CFR Part 140 Criminal penalties, Extraordinary nuclear occurrence, Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements. 10 CFR Part 150 Criminal penalties, Hazardous materials transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material. For the reasons set forth 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. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 1, 2, 30, 31, 32, 34, 35, 40, 50, 51, 52, 55, 61, 62, 73, 75, 100, 140, and 150. PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION 1. The authority citation for part 1 continues to read as follows: Authority: Sec. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980. 2. In § 1.5, paragraphs (a)(3) and (a)(4) are added to read as follows: § 1.5 Location of principal offices and Regional Offices.
(a)* * *
(3)Executive Boulevard Building, 6003 Executive Boulevard, Rockville, MD 20852-3823.
(4)Gateway Building, 7201 Wisconsin Ave., Suite 425, Bethesda, MD 20814-4810. 3. In § 1.32, paragraph
(b)is revised to read as follows: § 1.32 Office of the Executive Director for Operations.
(b)The EDO supervises and coordinates policy development and operational activities in the following offices: The Office of Nuclear Reactor Regulation, the Office of New Reactors, the Office of Nuclear Material Safety and Safeguards, the Office of Federal and State Materials and Environmental Management Systems, the Office of Nuclear Regulatory Research, the Office of Nuclear Security and Incident Response, and the NRC Regional Offices; and the following staff offices: The Office of Enforcement, the Office of Administration, the Office of Information Services, the Office of Investigations, the Office of Small Business and Civil Rights, the Office of Human Resources, and other organizational units as shall be assigned by the Commission. The EDO is also responsible for implementing the Commission's policy directives pertaining to these offices. 4. Section 1.41 is revised to read as follows: § 1.41 Office of Federal and State Materials and Environmental Management Programs.
(a)The Office of Federal and State Materials and Environmental Management Programs
(FSME)is responsible for protecting the public health and safety, the common defense and security, and the environment by licensing, inspecting, and assessing environmental impacts for all nuclear material facilities and activities which are not the responsibility of the Office of Nuclear Material Safety and Safeguards (NMSS). FSME is also responsible for developing all new regulations and amending existing regulations for all nuclear material facilities and activities regulated by both FSME and NMSS.
(b)The Office of Federal and State Materials and Environmental Management Programs—
(1)Plans and directs NRC's program of cooperation and liaison with States, local governments, interstate and Indian Tribe organizations; and coordinates liaison with other Federal Agencies;
(2)Participates in formulation of policies involving NRC/State cooperation and liaison;
(3)Develops and directs administrative and contractual programs for coordinating and integrating Federal and State regulatory activities;
(4)Maintains liaison between NRC and State, interstate, regional, Indian Tribal, and quasi-governmental organizations on regulatory matters;
(5)Promotes NRC visibility and performs general liaison with other Federal Agencies, and keeps NRC management informed of significant developments at other Federal Agencies which affect the NRC;
(6)Monitors nuclear-related State legislative activities;
(7)Directs regulatory activities of State Liaison and State Agreement Officers located in Regional Offices;
(8)Participates in policy matters on State Public Utility Commissions (PUCs);
(9)Administers the State Agreements program in a partnership arrangement with the States;
(10)Develops staff policy and procedures and implements State Agreements program under the provisions of section 274b of the Atomic Energy Act (the Act), as amended;
(11)Provides oversight of program of periodic routine reviews of Agreement State programs to determine their adequacy and compatibility as required by section 274j of the Act and other periodic reviews that may be performed to maintain a current level of knowledge of the status of the Agreement State programs;
(12)Provides training to the States as provided by section 274i of the Act and also to NRC staff and staff of the U.S. Navy and U.S. Air Force;
(13)Provides technical assistance to Agreement States;
(14)Maintains an exchange of information with the States;
(15)Conducts negotiations with States expressing an interest in seeking a section 274b Agreement;
(16)Supports, consistent with Commission directives, State efforts to improve regulatory control for radiation safety over radioactive materials not covered by the Act;
(17)Serves as the NRC liaison to the Conference of Radiation Control Program Directors, Inc. (CRCPD) and coordinates NRC technical support of CRCPD committees;
(18)Develops, promulgates, and amends regulations generally associated with the materials regulated by both FSME and NMSS and for all security-related regulations which will be applied to licensees and holders of certificates of compliance issued by FSME and NMSS;
(19)Develops and implements NRC policy for the regulation of activities involving safety, quality, approval, and inspection of the use and handling of nuclear and other radioactive materials, such as uranium activities;
(20)Regulates medical, industrial, academic, and commercial uses of radioactive isotopes;
(21)Oversees safe management and disposal of low-level radioactive wastes;
(22)Plans and directs program for financial assurance of FSME licensees;
(23)Manages the decommissioning of facilities and sites when their licensed functions are over;
(24)Supports safeguards activities including—
(i)Developing overall agency policy;
(ii)Monitoring and assessing the threat environment, including liaison with intelligence agencies, as appropriate; and
(iii)Conducting licensing and review activities appropriate to deter and protect against threats of radiological sabotage and threats of theft or diversion of nuclear material at regulated facilities and during transport; and
(25)Identifies and takes action for activities under its responsibility, including consulting and coordinating with international, Federal, State, Indian Tribal and local agencies, as appropriate. 5. Section 1.42 is revised to read as follows: § 1.42 Office of Nuclear Material Safety and Safeguards.
(a)The Office of Nuclear Material Safety and Safeguards
(NMSS)is responsible for regulating activities which provide for the safe and secure production of nuclear fuel used in commercial nuclear reactors; the safe storage, transportation, and disposal of high-level radioactive waste and spent nuclear fuel; and the transportation of radioactive materials regulated under the Atomic Energy Act. NMSS ensures safety and security by implementing a regulatory program involving activities including licensing, inspection, assessment of licensee performance, events analysis, enforcement, and identification and resolution of generic issues.
(b)The Office of Nuclear Material Safety and Safeguards—
(1)Develops and implements NRC policy for the regulation of: uranium recovery, conversion, and enrichment; fuel fabrication and development; transportation of nuclear materials, including certification of transport containers and reactor spent fuel storage; and safe management and disposal of spent fuel and high-level radioactive waste;
(2)Has lead responsibility within NRC for domestic and international safeguards policy and regulation for fuel cycle facilities, including material control and accountability;
(3)Conducts high-level waste pre-licensing activities, consistent with direction in the Nuclear Waste Policy Act and the Energy Policy Act, to ensure appropriate standards and regulatory guidance are in place, and interacts with the applicant;
(4)Is responsible for regulation and licensing of recycling technologies intended to reduce the amount of waste to be disposed through geologic disposal and to reduce proliferation concerns since the technologies do not produce separated plutonium;
(5)Interacts with DOE and international experts, in order to develop an appropriate regulatory framework, in recycling during development, demonstration, and deployment of new advanced recycling technologies that recycle nuclear fuel in a manner which does not produce separated plutonium;
(6)Creates and maintains the regulatory infrastructure to support the agency's role in licensing a reprocessing facility and a related fuel fabrication facility and vitrification and/or waste storage facility; and
(7)Prepares NRC to perform its regulatory role for new, expanded, and modified commercial fuel cycle facilities which may include recycling, transmutation, and actinide burning. This includes regulatory processes such as licensing, inspection, assessment of license performance assessment, events analysis, and enforcement that will ensure that this technology can be safely and securely implemented commercially in the United States. 6. A new § 1.44 is added to read as follows: § 1.44 Office of New Reactors. The Office of New Reactors—
(a)Develops, promulgates and implements regulations and develops and implements policies, programs, and procedures for all aspects of licensing, inspection, and safeguarding of—
(1)Manufacturing, production, and utilization facilities licensed under part 52 of this chapter prior to initial commencement of operation;
(2)Receipt, possession, and ownership of source, byproduct, and special nuclear material used or produced at facilities licensed under part 52 of this chapter prior to initial commencement of operation;
(3)Operators of such facilities licensed under part 52 of this chapter prior to initial commencement of operation;
(4)Emergency preparedness at such facilities licensed under part 52 of this chapter prior to initial commencement of operation; and
(5)Contractors and suppliers of such facilities licensed under part 52 of this chapter prior to initial commencement of operation;
(b)Identifies and takes action regarding conditions and licensee performance that may adversely affect public health and safety, the environment, or the safeguarding of nuclear reactor facilities licensed under part 52 of this chapter prior to initial commencement of operation;
(c)Assesses and recommends or takes action regarding incidents or accidents related to facilities licensed under part 52 of this chapter prior to initial commencement of operation;
(d)Provides guidance and implementation direction to Regional Offices on reactor licensing, inspection, and safeguards programs assigned to the Region, and appraises Regional program performance in terms of effectiveness and uniformity, for facilities licensed under 10 CFR part 52 prior to initial commencement of operation;
(e)Performs other functions required for implementation of the reactor licensing, inspection, and safeguard programs for facilities licensed under part 52 of this chapter prior to initial commencement of operation; and
(f)Performs review and evaluation related to regulated facilities insurance and indemnity for facilities licensed under part 52 of this chapter prior to initial commencement of operation. PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS 7. The authority citation for part 2 continues to read as follows: Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K 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). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-550, 84 Stat. 1473 (42 U.S.C. 2135). 8. In § 2.101, paragraphs (a)(1), (a)(3), (a)(4), (b), (d), (e)(3), (e)(6), (e)(7), (e)(8), (f)(1)(iii), (f)(2)(i)(A), (f)(2)(i)(C), (f)(3), (f)(4), (f)(5), and the introductory text of paragraph (a)(5) are revised to read as follows: § 2.101 Filing of application. (a)(1) An application for a permit, a license, a license transfer, a license amendment, a license renewal, or a standard design approval, shall be filed with the Director, Office of New Reactors, the Director, Office of Nuclear Reactor Regulation, the Director, Office of Nuclear Material Safety and Safeguards, or the Director, Office of Federal and State Materials and Environmental Management Programs, as prescribed by the applicable provisions of this chapter. A prospective applicant may confer informally with the NRC staff before filing an application.
(3)If the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Program, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, determines that a tendered application for a construction permit or operating license for a production or utilization facility, and/or any environmental report required pursuant to subpart A of part 51 of this chapter, or part thereof as provided in paragraphs (a)(5) or (a-1) of this section are complete and acceptable for docketing, a docket number will be assigned to the application or part thereof, and the applicant will be notified of the determination. With respect to the tendered application and/or environmental report or part thereof that is acceptable for docketing, the applicant will be requested to:
(i)Submit to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, such additional copies as the regulations in part 50 and subpart A of part 51 of this chapter require;
(ii)Serve a copy on the chief executive of the municipality in which the facility or site which is the subject of an early site permit is to be located or, if the facility or site which is the subject of an early site permit is not to be located within a municipality, on the chief executive of the county, and serve a notice of availability of the application or environmental report on the chief executives of the municipalities or counties which have been identified in the application or environmental report as the location of all or part of the alternative sites, containing as applicable, the docket number of the application; a brief description of the proposed site and facility; the location of the site and facility as primarily proposed and alternatively listed; the name, address, telephone number, and e-mail address (if available) of the applicant's representative who may be contacted for further information; notification that a draft environmental impact statement will be issued by the Commission and will be made available upon request to the Commission; and notification that if a request is received from the appropriate chief executive, the applicant will transmit a copy of the application and environmental report, and any changes to these documents which affect the alternative site location, to the executive who makes the request. In complying with the requirements of this paragraph, the applicant should not make public distribution of those parts of the application subject to § 2.390(d). The applicant shall submit to the Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate, an affidavit that service of the notice of availability of the application or environmental report has been completed along with a list of names and addresses of those executives upon whom the notice was served; and
(iii)Make direct distribution of additional copies to Federal, State, and local officials in accordance with the requirements of this chapter and written instructions furnished to the applicant by the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. Such written instructions will be furnished as soon as practicable after all or any part of the application, or environmental report, is tendered. The copies submitted to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, and distributed by the applicant shall be completely assembled documents, identified by docket number. Subsequently distributed amendments to applications, however, may include revised pages to previous submittals and, in such cases, the recipients will be responsible for inserting the revised pages.
(4)The tendered application for a construction permit, operating license, early site permit, standard design approval, combined license, or manufacturing license will be formally docketed upon receipt by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, of the required additional copies. Distribution of the additional copies shall be deemed to be complete as of the time the copies are deposited in the mail or with a carrier prepaid for delivery to the designated addresses. The date of docketing shall be the date when the required copies are received by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. Within 10 days after docketing, the applicant shall submit to the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, an affidavit that distribution of the additional copies to Federal, State, and local officials has been completed in accordance with requirements of this chapter and written instructions furnished to the applicant by the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. Amendments to the application and environmental report shall be filed and distributed and an affidavit shall be furnished to the Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, in the same manner as for the initial application and environmental report. If it is determined that all or any part of the tendered application and/or environmental report is incomplete and therefore not acceptable for processing, the applicant will be informed of this determination, and the respects in which the document is deficient.
(5)An applicant for a construction permit under part 50 of this chapter or a combined license under part 52 of this chapter for a production or utilization facility which is subject to § 51.20(b) of this chapter, and is of the type specified in § 50.21(b)(2) or (b)(3) or § 50.22 of this chapter or is a testing facility may submit the information required of applicants by part 50 or part 52 of this chapter in two parts. One part shall be accompanied by the information required by § 50.30(f) of this chapter, or § 52.80(b) of this chapter, as applicable. The other part shall include any information required by § 50.34(a) and, if applicable, § 50.34a of this chapter, or §§ 52.79 and 52.80(a), as applicable. One part may precede or follow other parts by no longer than 6 months. If it is determined that either of the parts as described above is incomplete and not acceptable for processing, the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will inform the applicant of this determination and the respects in which the document is deficient. Such a determination of completeness will generally be made within a period of 30 days. Whichever part is filed first shall also include the fee required by §§ 50.30(e) and 170.21 of this chapter and the information required by §§ 50.33, 50.34(a)(1), or 52.79(a)(1), as applicable, and § 50.37 of this chapter. The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will accept for docketing an application for a construction permit under part 52 of this chapter for a production or utilization facility which is subject to § 51.20(b) of this chapter, and is of the type specified in § 50.21(b)(2) or (b)(3) or § 50.22 of this chapter or is a testing facility where one part of the application as described above is complete and conforms to the requirements of part 50 of this chapter. The additional parts will be docketed upon a determination by the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, that it is complete.
(b)After the application has been docketed each applicant for a license for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee except applicants under part 61 of this chapter, who must comply with paragraph
(g)of this section, shall serve a copy of the application and environmental report, as appropriate, on the chief executive of the municipality, in which the activity is to be conducted or, if the activity is not to be conducted within a municipality on the chief executive of the county, and serve a notice of availability of the application or environmental report on the chief executives of the municipalities or counties which have been identified in the application or environmental report as the location of all or part of the alternative sites, containing the docket number of the application; a brief description of the proposed site and facility; the location of the site and facility as primarily proposed and alternatively listed; the name, address, telephone number, and e-mail address (if available) of the applicant's representative who may be contacted for further information; notification that a draft environmental impact statement will be issued by the Commission and will be made available upon request to the Commission; and notification that if a request is received from the appropriate chief executive, the applicant will transmit a copy of the application and environmental report, and any changes to such documents which affect the alternative site location, to the executive who makes the request. In complying with the requirements of this paragraph the applicant should not make public distribution of those parts of the application subject to § 2.390(d). The applicant shall submit to the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, an affidavit that service of the notice of availability of the application or environmental report has been completed along with a list of names and addresses of those executives upon whom the notice was served.
(d)The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will give notice of the docketing of the public health and safety, common defense and security, and environmental parts of an application for a license for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee, except that for applications pursuant to part 61 of this chapter, paragraph
(g)of this section applies to the Governor or other appropriate official of the State in which the facility is to be located or the activity is to be conducted and will publish in the **Federal Register** a notice of docketing of the application which states the purpose of the application and specifies the location at which the proposed activity would be conducted.
(e)* * *
(3)If the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, determines that the tendered document is complete and acceptable for docketing, a docket number will be assigned and the applicant will be notified of the determination. If it is determined that all or any part of the tendered document is incomplete and therefore not acceptable for processing, the applicant will be informed of this determination and the respects in which the document is deficient.
(6)The tendered document will be formally docketed upon receipt by the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, of the required additional copies. The date of docketing shall be the date when the required copies are received by the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate. Within ten
(10)days after docketing, the applicant shall submit to the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, a written statement that distribution of the additional copies to Federal, State, Indian Tribe, and local officials has been completed in accordance with requirements of this chapter and written instructions furnished to the applicant by the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate. Distribution of the additional copies shall be deemed to be complete as of the time the copies are deposited in the mail or with a carrier prepaid for delivery to the designated addressees.
(7)Amendments to the application and supplements to the environmental impact statement shall be filed and distributed and a written statement shall be furnished to the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, in the same manner as for the initial application and environmental impact statement.
(8)The Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, will cause to be published in the **Federal Register** a notice of docketing which identifies the State and location at which the proposed geologic repository operations area would be located and will give notice of docketing to the governor of that State. The notice of docketing will state that the Commission finds that a hearing is required in the public interest, prior to issuance of a construction authorization, and will recite the matters specified in § 2.104(a) of this part.
(f)* * *
(1)* * *
(iii)When the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, determines that the tendered document is complete and acceptable for docketing, a docket number will be assigned and the applicant will be notified of the determination. If it is determined that all or any part of the tendered document is incomplete and therefore not acceptable for processing, the applicant will be informed of this determination and the aspects in which the document is deficient. (2)(i) * * *
(A)Submit to the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, such additional copies as required by the regulations in part 61 and subpart A of part 51 of this chapter;
(C)Make direct distribution of additional copies to Federal, State, Indian Tribal, and local officials in accordance with the requirements of this chapter and written instructions from the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate; and
(3)The tendered document will be formally docketed upon receipt by the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, of the required additional copies. Distribution of the additional copies shall be deemed to be complete as of the time the copies are deposited in the mail or with a carrier prepaid for delivery to the designated addressees. The date of docketing shall be the date when the required copies are received by the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate. Within ten
(10)days after docketing, the applicant shall submit to the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, a written statement that distribution of the additional copies to Federal, State, Indian Tribal, and local officials has been completed in accordance with requirements of this section and written instructions furnished to the applicant by the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate.
(4)Amendments to the application and environmental report shall be filed and distributed and a written statement shall be furnished to the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, in the same manner as for the initial application and environmental report.
(5)The Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, will cause to be published in the **Federal Register** a notice of docketing which identifies the State and location of the proposed waste disposal facility and will give notice of docketing to the governor of that State and other officials listed in paragraph (g)(3) of this section and, in a reasonable period thereafter, publish in the **Federal Register** a notice pursuant to § 2.105 offering opportunity to request a hearing to the applicant and other affected persons. 9. In § 2.102, paragraphs
(b)and
(c)are revised to read as follows: § 2.102 Administrative review of application.
(b)The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will refer the docketed application to the ACRS as required by law and in such additional cases as he or the Commission may determine to be appropriate. The ACRS will render to the Commission one or more reports as required by law or as requested by the Commission.
(c)The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will make each report of the ACRS a part of the record of the docketed application, and transmit copies to the appropriate State and local officials. 10. In § 2.103, paragraph
(a)and the introductory text of paragraph
(b)are revised to read as follows: § 2.103 Action on applications for byproduct, source, special nuclear material, facility and operator licenses.
(a)If the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, finds that an application for a byproduct, source, special nuclear material, facility, or operator license complies with the requirements of the Act, the Energy Reorganization Act, and this chapter, he will issue a license. If the license is for a facility, or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee, or for a construction authorization for a HLW repository at a geologic repository operations area under parts 60 or 63 of this chapter, or if it is to receive and possess high-level radioactive waste at a geologic repository operations area under parts 60 or 63 of this chapter, the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Nuclear Material Safety and Safeguards, or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate, will inform the State, Tribal and local officials specified in § 2.104(e) of the issuance of the license. For notice of issuance requirements for licenses issued under part 61 of this chapter, see § 2.106(d).
(b)If the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, finds that an application does not comply with the requirements of the Act and this chapter he may issue a notice of proposed denial or a notice of denial of the application and inform the applicant in writing of: 11. In § 2.105, paragraph (e)(1) is revised to read as follows: § 2.105 Notice of proposed action. (e)(1) If no request for a hearing or petition for leave to intervene is filed within the time prescribed in the notice, the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, may take the proposed action, inform the appropriate State and local officials, and publish in the **Federal Register** a notice of issuance of the license or other action. 12. In § 2.106, the introductory text of paragraph
(a)is revised to read as follows: § 2.106 Notice of issuance.
(a)The Director, Office of New Reactors, Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will inform the State and local officials specified in § 2.104(e) and publish a document in the **Federal Register** announcing the issuance of: 13. In § 2.107 paragraph
(c)is revised to read as follows: § 2.107 Withdrawal of application.
(c)The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will cause to be published in the **Federal Register** a notice of the withdrawal of an application if notice of receipt of the application has been previously published. 14. Section 2.108 is revised to read as follows: § 2.108 Denial of application for failure to supply information.
(a)The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, may deny an application if an applicant fails to respond to a request for additional information within thirty
(30)days from the date of the request, or within such other time as may be specified.
(b)The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, will cause to be published in the **Federal Register** a notice of denial when notice of receipt of the application has previously been published, but notice of hearing has not yet been published. The notice of denial will provide that, within thirty
(30)days after the date of publication in the **Federal Register** .
(1)The applicant may demand a hearing, and
(2)Any person whose interest may be affected by the proceeding may file a petition for leave to intervene.
(c)When both a notice of receipt of the application and a notice of hearing have been published, the presiding officer, upon a motion made by the staff under § 2.323, will rule whether an application should be denied by the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, under paragraph
(a)of this section. 15. In § 2.110, paragraphs
(b)and (c)(1) are revised to read as follows: § 2.110 Filing and administrative action on submittals for standard design approval or early review of site suitability issues.
(b)Upon initiation of review by the NRC staff of a submittal for an early review of site suitability issues under Appendix Q of part 50 of this chapter, or for a standard design approval under subpart E of part 52 of this chapter, the Director, Office of New Reactors, or Director, Office of Nuclear Reactor Regulation, as appropriate shall publish in the **Federal Register** a notice of receipt of the submittal, inviting comments from interested persons within 60 days of publication or other time as may be specified, for consideration by the NRC staff and ACRS in their review. (c)(1) Upon completion of review by the NRC staff and the ACRS of a submittal for a standard design approval, the Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate shall publish in the **Federal Register** a determination as to whether or not the design is acceptable, subject to terms and conditions as may be appropriate, and shall make available at the NRC Web site, *http://www.nrc.gov,* a report that analyzes the design. 16. In § 2.318, paragraph
(b)is revised to read as follows: § 2.318 Commencement and termination of jurisdiction of presiding officer.
(b)The Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or the Director, Office of Nuclear Material Safety and Safeguards, as appropriate, may issue an order and take any otherwise proper administrative action with respect to a licensee who is a party to a pending proceeding. Any order related to the subject matter of the pending proceeding may be modified by the presiding officer as appropriate for the purpose of the proceeding. 17. In § 2.337, paragraphs (g)(1), (g)(2)(iv), and (g)(3)(iv) are revised to read as follows: § 2.337 Evidence at a hearing.
(g)* * *
(1)Facility construction permits. In a proceeding involving an application for construction permit for a production or utilization facility, the NRC staff shall offer into evidence any report submitted by the ACRS in the proceeding in compliance with section 182(b) of the Act, any safety evaluation prepared by the NRC staff, and any environmental impact statement prepared in the proceeding under subpart A of part 51 of this chapter by the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, or his or her designee.
(2)* * *
(iv)Any environmental impact statement or environmental assessment prepared in the proceeding under subpart A of part 51 of this chapter by the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, or his or her designee if there is any, but only if there are contentions/controverted matters with respect to the adequacy of the environmental impact statement or environmental assessment.
(3)* * *
(iv)Any environmental impact statement or environmental assessment prepared in the proceeding under subpart A of part 51 of this chapter by the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, or his or her designee if there is any, but only if there are contentions/controverted matters with respect to the adequacy of the environmental impact statement or environmental assessment. 18. In § 2.340, paragraphs
(a)and
(c)are revised to read as follows: § 2.340 Initial decision in certain contested proceedings; immediate effectiveness of initial decisions; issuance of authorizations, permits, and licenses.
(a)*Initial decision—production or utilization facility operating license.* In any initial decision in a contested proceeding on an application for an operating license (including an amendment to or renewal of an operating license) for a production or utilization facility, the presiding officer shall make findings of fact and conclusions of law on the matters put into controversy by the parties to the proceeding, any matter designated by the Commission to be decided by the presiding officer, and any matter not put into controversy by the parties, but only to the extent that the presiding officer determines that a serious safety, environmental, or common defense and security matter exists, and the Commission approves of an examination of and decision on the matter upon its referral by the presiding officer. Depending on the resolution of those matters, the Commission, the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, after making the requisite findings, will issue, deny or appropriately condition the license.
(c)*Initial decision on finding under 10 CFR 52.103 with respect to acceptance criteria in nuclear power reactor combined licenses.* In any initial decision under § 52.103(g) of this chapter with respect to whether acceptance criteria have been or will be met, the presiding officer shall make findings of fact and conclusions of law on the matters put into controversy by the parties to the proceeding, and on any matters designated by the Commission to be decided by the presiding officer. Matters not put into controversy by the parties shall be referred to the Commission for its determination. The Commission may, in its discretion, treat the matter as a request for action under § 2.206 and process the matter in accordance with § 52.103(f) of this chapter. Depending on the resolution of those matters, the Commission, the Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate, will make the finding under § 52.103 of this chapter, or appropriately condition that finding. 19. Section 2.403 is revised to read as follows: § 2.403 Notice of proposed action on applications for operating licenses pursuant to appendix N of 10 CFR part 50. In the case of applications pursuant to appendix N of part 50 of this chapter for operating licenses for nuclear power reactors, if the Commission has not found that a hearing is in the public interest, the Commission, the Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate will, prior to acting thereon, cause to be published in the **Federal Register** , pursuant to § 2.105, a notice of proposed action with respect to each application as soon as practicable after the applications have been docketed. § 2.802 [ Amended] 20. In § 2.802, the introductory text of paragraph (b), in two places, change “Rules and Directives Branch” to read “Rulemaking, Directives, and Editing Branch”. PART 30—RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 21. The authority citation for part 30 continues to read as follows: Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). 22. In § 30.6 paragraph (a)(1) is revised to read as follows: § 30.6 Communications.
(a)* * *
(1)By mail addressed: ATTN: Document Control Desk, Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 23. In § 30.33, paragraph (a)(5) is revised to read as follows: § 30.33 General requirements for issuance of specific licenses.
(a)* * *
(5)In the case of an application for a license to receive and possess byproduct material for the conduct of any activity which the Commission determines will significantly affect the quality of the environment, the Director, Office of Federal and State Materials and Environmental Management Program or his designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to subpart A of part 51 of this chapter, has concluded, after weighing the environmental, economic, technical, and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values. Commencement of construction prior to such conclusion shall be grounds for denial of a license to receive and possess byproduct material in such plant or facility. As used in this paragraph the term “commencement of construction” means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values. 24. In § 30.55, paragraph
(c)is revised to read as follows: § 30.55 Tritium reports.
(c)Except as specified in paragraph
(d)of this section, each licensee who is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office listed in appendix D of part 20 of this chapter by telephone and telegraph, mailgram, or facsimile any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 10 curies of such material at any one time or more than 100 curies of such material in any one calendar year. The initial report shall be followed within a period of fifteen
(15)days by a written report submitted to the appropriate NRC Regional Office which sets forth the details of the incident and its consequences. Copies of such written report shall be sent to the Director, Office of Federal and State Materials and Environmental Management Programs, using an appropriate method listed in § 30.6(a). Subsequent to the submission of the written report required by this paragraph, the licensee shall promptly inform the Office of Federal and State Materials and Environmental Management Programs by means of a written report of any substantive additional information, which becomes available to the licensee, concerning an attempted or apparent theft or unlawful diversion of tritium. PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL 25. The authority citation for part 31 continues to read as follows: Authority: Secs. 81, 161, 183, 68 Stat. 935, 948, 954, as amended (42 U.S.C. 2111, 2201, 2233); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 31.6 also issued under sec. 274, 73 Stat. 688 (42 U.S.C. 2021). 26. In § 31.5, paragraphs (c)(5), (c)(8)(ii), (c)(9)(i), (c)(11), and (c)(14) are revised to read as follows: § 31.5 Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere.
(c)* * *
(5)Shall immediately suspend operation of the device if there is a failure of, or damage to, or any indication of a possible failure of or damage to, the shielding of the radioactive material or the on-off mechanism or indicator, or upon the detection of 185 bequerel (0.005 microcurie) or more removable radioactive material. The device may not be operated until it has been repaired by the manufacturer or other person holding a specific license to repair such devices that was issued under parts 30 and 32 of this chapter or by an Agreement State. The device and any radioactive material from the device may only be disposed of by transfer to a person authorized by a specific license to receive the byproduct material in the device or as otherwise approved by the Commission. A report containing a brief description of the event and the remedial action taken; and, in the case of detection of 0.005 microcurie or more removable radioactive material or failure of or damage to a source likely to result in contamination of the premises or the environs, a plan for ensuring that the premises and environs are acceptable for unrestricted use, must be furnished to the Director, Office of Federal and State Materials and Environmental Management Programs, ATTN: GLTS, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 within 30 days. Under these circumstances, the criteria set out in § 20.1402 of this chapter, “Radiological criteria for unrestricted use,” may be applicable, as determined by the Commission on a case-by-case basis;
(8)* * *
(ii)Shall, within 30 days after the transfer of a device to a specific licensee or export, furnish a report to the Director, Office of Federal and State Materials and Environmental Management Programs, ATTN: Document Control Desk/GLTS, using an appropriate method listed in § 30.6(a) of this chapter. The report must contain—
(9)* * *
(i)The device remains in use at a particular location. In this case, the transferor shall give the transferee a copy of this section, a copy of § 31.2, 30.51, 20.2201, and 20.2202 of this chapter, and any safety documents identified in the label of the device. Within 30 days of the transfer, the transferor shall report to the Director, Office of Federal and State Materials and Environmental Management Programs, ATTN: Document Control Desk/GLTS, using an appropriate method listed in § 30.6(a) of this chapter—
(11)Shall respond to written requests from the Nuclear Regulatory Commission to provide information relating to the general license within 30 calendar days of the date of the request, or other time specified in the request. If the general licensee cannot provide the requested information within the allotted time, it shall, within that same time period, request a longer period to supply the information by providing the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter, a written justification for the request.
(14)Shall report changes to the mailing address for the location of use (including change in name of general licensee) to the Director, Office of Federal and State Materials and Environmental Management Programs, ATTN: GLTS, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 within 30 days of the effective date of the change. For a portable device, a report of address change is only required for a change in the device's primary place of storage. 27. In § 31.11 paragraphs (b)(1) and
(e)are revised to read as follows: § 31.11 General license for use of byproduct material for certain in vitro clinical or laboratory testing.
(b)* * *
(1)Has filed NRC Form 483, “Registration Certificate—In Vitro Testing with Byproduct Material Under General License,” with the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter, and has received from the Commission a validated copy of NRC Form 483 with a registration number assigned; or
(e)The registrant possessing or using byproduct materials under the general license of paragraph
(a)of this section shall report in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, any changes in the information furnished by him in the ”Registration Certificate—In Vitro Testing With Byproduct Material Under General License.” Form NRC-483. The report shall be furnished within 30 days after the effective date of such change. PARTS 32—SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL 28. The authority citation for part 32 continues to read as follows: Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note), Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594 (2005). 29. In § 32.12, paragraph
(a)is revised to read as follows: § 32.12 Same: Records and material transfer reports.
(a)Each person licensed under § 32.11 shall maintain records of transfer of material and file a report with the Director, Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter. A copy of the report must be sent to the appropriate NRC Regional Office listed in appendix D to part 20 of this chapter. 30. In § 32.16, paragraph
(a)is revised to read as follows: § 32.16 Certain items containing byproduct material: Records and reports of transfer.
(a)Each person licensed under § 32.14 or § 32.17 shall maintain records of all transfers of nuclear material and file a report with the Director, Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, with a copy to the appropriate NRC Regional Office listed in appendix D to part 20 of this chapter. 31. In § 32.20, paragraph
(b)is revised to read as follows: § 32.20 Same: Records and material transfer reports.
(b)The licensee shall file a summary report stating the total quantity of each isotope transferred under the specific license with the Director, Office of Federal and State Materials and Environmental Management Programs by an appropriate method listed in § 30.6(a) of this chapter, with a copy to the appropriate NRC Regional Office listed in appendix D to part 20 of this chapter. 32. In § 32.25, the introductory text of paragraph
(c)is revised to read as follows: § 32.25 Conditions of licenses issued under § 32.22: Quality control, labeling, and reports of transfer.
(c)Maintain records and file reports with the Director, Office of Federal and State Materials and Environmental Management programs, by an appropriate method listed in § 30.6(a) of this chapter, with copies to the appropriate NRC Regional Office listed in appendix D to part 20 of this chapter. 33. In § 32.29, the introductory text of paragraph
(c)is revised to read as follows: § 32.29 Conditions of licenses issued under § 32.26: Quality control, labeling, and reports of transfer.
(c)Maintain records and file a report with the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, with copies to the appropriate NRC Regional Office listed in appendix D of part 20 of this chapter. 34. In § 32.52, the introductory text of paragraph
(a)is revised to read as follows: § 32.52 Same: material transfer reports and records.
(a)The person shall report to the Director, Office of Federal and State Materials and Environmental Management Programs, ATTN: GLTS, by an appropriate method listed in § 30.6(a) of this chapter, all transfers of such devices to persons for use under the general license in § 31.5 of this chapter and all receipts of devices from persons licensed under § 31.5 of this chapter. The report must be submitted on a quarterly basis on NRC Form 653—“Transfers of Industrial Devices Report” or in a clear and legible report containing all of the data required by the form. 35. Section 32.56 is revised to read as follows: § 32.56 Same: Material transfer reports. Each person licensed under § 32.53 shall file an annual report with the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter, which must state the total quantity of tritium or promethium-147 transferred to persons generally licensed under § 31.7 of this chapter. The report must identify each general licensee by name, state the kinds and numbers of luminous devices transferred, and specify the quantity of tritium or promethium-147 in each kind of device. Each report must cover the year ending June 30 and must be filed within thirty
(30)days thereafter. 36. In § 32.210, paragraph
(b)is revised to read as follows: § 32.210 Registration of product information.
(b)The request for review must be sent to the Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter. PART 34—LICENSES FOR INDUSTRIAL RADIOGRAPHY AND RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS 37. The authority citation for part 34 continues to read as follows: Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 34.45 also issued under sec. 206, 88 Stat. 1246, (42 U.S.C. 5846). 38. In § 34.27, paragraph
(d)is revised to read as follows: § 34.27 Leak testing and replacement of sealed sources.
(d)Any test conducted pursuant to paragraph
(c)of this section which reveals the presence of 185 Bq (0.005 microcurie) or more of removable radioactive material must be considered evidence that the sealed source is leaking. The licensee shall immediately withdraw the equipment involved from use and shall have it decontaminated and repaired or disposed of in accordance with Commission regulations. A report must be filed with the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter, the report to be filed within 5 days of any test with results that exceed the threshold in this paragraph (d), and to describe the equipment involved, the test results, and the corrective action taken. A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission's Regional Office listed in appendix D of 10 CFR part 20 of this chapter “Standards for Protection Against Radiation.” 39. In § 34.43, paragraph (a)(1) is revised to read as follows: § 34.43 Training.
(a)* * *
(1)Has received training in the subjects in paragraph
(g)of this section, in addition to a minimum of 2 months of on-the-job training, and is certified through a radiographer certification program by a certifying entity in accordance with the criteria specified in appendix A of this part. (An independent organization that would like to be recognized as a certifying entity shall submit its request to the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter.); or 40. In § 34.101, the introductory text of paragraph
(a)is revised to read as follows: § 34.101 Notifications.
(a)In addition to the reporting requirements specified in § 30.50 and under other sections of this chapter, such as § 21.21, each licensee shall send a written report to the NRC's Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 30.6(a) of this chapter, within 30 days of the occurrence of any of the following incidents involving radiographic equipment: PART 35—MEDICAL USE OF BYPRODUCT MATERIAL 41. The authority citation for part 35 continues to read as follows: Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 42. Section 35.3067 is revised to read as follows: § 35.3067 Report of a leaking source. A licensee shall file a report within 5 days if a leak test required by § 35.67 reveals the presence of 185 Bq (0.005 μCi) or more of removable contamination. The report must be filed with the appropriate NRC Regional Office listed in § 30.6 of this chapter, by an appropriate method listed in § 30.6(a) of this chapter, with a copy to the Director, Office of Federal and State Materials and Environmental Management Programs. The written report must include the model number and serial number, if assigned, of the leaking source; the radionuclide and its estimated activity; the results of the test; the date of the test; and the action taken. PART 40—DOMESTIC LICENSING OF SOURCE MATERIAL 43. The authority citation for part 40 continues to read as follows: Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). 44. In § 40.5, paragraph (a)(1) is revised to read as follows: § 40.5 Communications.
(a)* * *
(1)By mail addressed: ATTN: Document Control Desk, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Security, or Director, Office of Nuclear Security and Incident Response, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 45. In § 40.25, the introductory text of paragraph (c)(1) and paragraphs (c)(2) and (d)(4) are revised to read as follows: § 40.25 General license for use of certain industrial products or devices. (c)(1) Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by paragraph
(a)of this section shall file NRC Form 244, “Registration Certificate—Use of Depleted Uranium Under General License,” with the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 40.5, with a copy to the appropriate NRC Regional Administrator. The form shall be submitted within 30 days after the first receipt or acquisition of such depleted uranium. The registrant shall furnish on NRC Form 244 the following information and such other information as may be required by that form:
(2)The registrant possessing or using depleted uranium under the general license established by paragraph
(a)of this section shall report in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, with a copy to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in appendix D of part 20 of this chapter, any changes in information furnished by him in the NRC Form 244 “Registration Certificate—Use of Depleted Uranium Under General License.” The report shall be submitted within 30 days after the effective date of such change.
(d)* * *
(4)Within 30 days of any transfer, shall report in writing to the Director, Office of Federal and State Materials and Environmental Management Programs, with a copy to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in appendix D of part 20 of this chapter, the name and address of the person receiving the source material pursuant to such transfer. 46. In § 40.26, paragraph (c)(2) is revised to read as follows: § 40.26 General license for possession and storage of byproduct material as defined in this part.
(c)* * *
(2)The documentation of daily inspections of tailings or waste retention systems and the immediate notification of the appropriate NRC regional office as indicated in appendix D to part 20 of this chapter, or the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, of any failure in a tailings or waste retention system that results in a release of tailings or waste into unrestricted areas, or of any unusual conditions (conditions not contemplated in the design of the retention system) that if not corrected could lead to failure of the system and result in a release of tailings or waste into unrestricted areas; and any additional requirements the Commission may by order deem necessary. The licensee shall retain this documentation of each daily inspection as a record for three years after each inspection is documented. 47. In § 40.32, paragraph
(e)is revised to read as follows: § 40.32 General requirements for issuance of specific licenses.
(e)In the case of an application for a license for a uranium enrichment facility, or for a license to possess and use source and byproduct material for uranium milling, production of uranium hexafluoride, or for the conduct of any other activity which the Commission determines will significantly affect the quality of the environment, the Director, Office of Federal and State Materials and Environmental Management Programs or his designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to subpart A of part 51 of this chapter, has concluded, after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values. Commencement of construction prior to this conclusion is grounds for denial of a license to possess and use source and byproduct material in the plant or facility. As used in this paragraph, the term “commencement of construction” means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values. 48. In § 40.35, paragraphs (e)(1) and
(f)are revised to read as follows: § 40.35 Conditions of specific licenses issued pursuant to § 40.34. (e)(1) Report to the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 40.5, all transfers of industrial products or devices to persons for use under the general license in § 40.25. Such report shall identify each general licensee by name and address, an individual by name and/or position who may constitute a point of contact between the Commission and the general licensee, the type and model number of device transferred, and the quantity of depleted uranium contained in the product or device. The report shall be submitted within 30 days after the end of each calendar quarter in which such a product or device is transferred to the generally licensed person. If no transfers have been made to persons generally licensed under § 40.25 during the reporting period, the report shall so indicate;
(f)Licensees required to submit emergency plans by § 40.31(i) shall follow the emergency plan approved by the Commission. The licensee may change the plan without Commission approval if the changes do not decrease the effectiveness of the plan. The licensee shall furnish the change to the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 40.5, and to affected offsite response organizations, within six months after the change is made. Proposed changes that decrease the effectiveness of the approved emergency plan may not be implemented without application to and prior approval by the Commission. 49. In § 40.65, paragraph (a)(1) is revised to read as follows: § 40.65 Effluent monitoring reporting requirements.
(a)* * *
(1)Within 60 days after January 1, 1976 and July 1, 1976, and within 60 days after January 1 and July 1 of each year thereafter, submit a report to the Director, Office of Federal and State Materials and Environmental Management Programs, using an appropriate method listed in § 40.5, with a copy to the appropriate NRC Regional Office shown in appendix D to part 20 of this chapter; the report must specify the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in gaseous effluents during the previous six months of operation, and such other information as the Commission may require to estimate maximum potential annual radiation doses to the public resulting from effluent releases. If quantities of radioactive materials released during the reporting period are significantly above the licensee's design objectives previously reviewed as part of the licensing action, the report shall cover this specifically. On the basis of such reports and any additional information the Commission may obtain from the licensee or others, the Commission may from time to time require the licensee to take such action as the Commission deems appropriate. PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 50. The authority citation for part 50 continues to read as follows: Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5841). Section 50.10 also issued under secs. 101, 185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). 51. In § 50.30, paragraph (a)(2) is revised to read as follows: § 50.30 Filing of application for licenses; oath or affirmation.
(a)* * *
(2)The applicant shall maintain the capability to generate additional copies of the general information and the safety analysis report, or part thereof or amendment thereto, for subsequent distribution in accordance with the written instructions of the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate. 52. In § 50.55a, the introductory text of paragraph (a)(3) and paragraph (g)(6)(ii)(A)(5) are revised to read as follows: § 50.55a Codes and standards.
(a)* * *
(3)Proposed alternatives to the requirements of paragraphs (c), (d), (e), (f), (g), and
(h)of this section or portions thereof may be used when authorized by the Director, Office of Nuclear Reactor Regulation, or Director, Office of New Reactors, as appropriate. The applicant shall demonstrate that:
(g)* * *
(6)* * *
(ii)* * *
(A)* * * ( *5* ) Licensees that make a determination that they are unable to completely satisfy the requirements for the augmented reactor vessel shell weld examination specified in paragraph (g)(6)(ii)(A) of this section shall submit information to the Commission to support the determination and shall propose an alternative to the examination requirements that would provide an acceptable level of quality and safety. The licensee may use the proposed alternative when authorized by the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate. 53. In § 50.61, paragraphs (a)(5) and (c)(3) are revised to read as follows: § 50.61 Fracture toughness requirements for protection against pressurized thermal shock events.
(a)* * *
(5)*RT* NDT(U) means the reference temperature for a reactor vessel material in the pre-service or unirradiated condition, evaluated according to the procedures in the ASME Code, Paragraph NB-2331 or other methods approved by the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate.
(c)* * *
(3)Any information that is believed to improve the accuracy of the RT <sup>PTS</sup> value significantly must be reported to the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate. Any value of RT <sup>PTS</sup> that has been modified using the procedures of paragraph (c)(2) of this section is subject to the approval of the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, when used as provided in this section. 54. In § 50.70, paragraph (b)(1) is revised to read as follows: § 50.70 Inspections. (b)(1) Each licensee and each holder of a construction permit shall, upon request by the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, provide rent-free office space for the exclusive use of the Commission inspection personnel. Heat, air conditioning, light, electrical outlets, and janitorial services shall be furnished by each licensee and each holder of a construction permit. The office shall be convenient to and have full access to the facility and shall provide the inspector both visual and acoustic privacy. 55. In § 50.75, paragraphs (h)(1)(iii), (h)(1)(iv), and (h)(2) are revised to read as follows: § 50.75 Reporting and recordkeeping for decommissioning planning.
(h)* * *
(1)* * *
(iii)The trust, escrow account, Government fund, or other account used to segregate and manage the funds may not be amended in any material respect without written notification to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the proposed effective date of the amendment. The licensee shall provide the text of the proposed amendment and a statement of the reason for the proposed amendment. The trust, escrow account, Government fund, or other account may not be amended if the person responsible for managing the trust, escrow account, Government fund, or other account receives written notice of objection from the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period; and
(iv)Except for withdrawals being made under § 50.82(a)(8) or for payments of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, no disbursement or payment may be made from the trust, escrow account, Government fund, or other account used to segregate and manage the funds until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust, escrow account, Government fund or other account may be made following the 30-working day notice period if the person responsible for managing the trust, escrow account, Government fund, or other account does not receive written notice of objection from the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period. Disbursements or payments from the trust, escrow account, Government fund, or other account used to segregate and manage the funds, other than for payment of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, are restricted to decommissioning expenses or transfer to another financial assurance method acceptable under paragraph
(e)of this section until final decommissioning has been completed. After decommissioning has begun and withdrawals from the decommissioning fund are made under § 50.82(a)(8), no further notification need be made to the NRC.
(2)Licensees that are “electric utilities” under § 50.2 that use prepayment or an external sinking fund to provide financial assurance shall include a provision in the terms of the trust, escrow account, Government fund, or other account used to segregate and manage funds that except for withdrawals being made under § 50.82(a)(8) or for payments of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, no disbursement or payment may be made from the trust, escrow account, Government fund, or other account used to segregate and manage the funds until written notice of the intention to make a disbursement or payment has been given the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust, escrow account, Government fund or other account may be made following the 30-working day notice period if the person responsible for managing the trust, escrow account, Government fund, or other account does not receive written notice of objection from the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, or Director, Office of Nuclear Material Safety and Safeguards, as applicable, within the notice period. Disbursements or payments from the trust, escrow account, Government fund, or other account used to segregate and manage the funds, other than for payment of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund, are restricted to decommissioning expenses or transfer to another financial assurance method acceptable under paragraph
(e)of this section until final decommissioning has been completed. After decommissioning has begun and withdrawals from the decommissioning fund are made under § 50.82(a)(8), no further notification need be made to the NRC. 56. In Appendix G, Section I, the note paragraph is revised, in Section III, paragraphs A and B are revised, and in Section IV, paragraphs A.1.a. and A.1.c. are revised to read as follows: Appendix G to Part 50—Fracture Toughness Requirements I. Introduction and Scope Note: The adequacy of the fracture toughness of other ferritic materials not covered in this section must be demonstrated to the Director, Office of Nuclear Reactor Regulation or the Director, Office of New Reactors, as appropriate, on an individual case basis. III. Fracture Toughness Tests A. To demonstrate compliance with the fracture toughness requirements of section IV of this appendix, ferritic materials must be tested in accordance with the ASME Code and, for the beltline materials, the test requirements of appendix H of this part. For a reactor vessel that was constructed to an ASME code earlier than the Summer 1972 Addenda of the 1971 Edition (under § 50.55a), the fracture toughness data and data analysis must be supplemented in a manner approved by the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, to demonstrate equivalence with the fracture toughness requirements of this appendix. B. Test methods for supplemental fracture toughness tests described in paragraph IV.A.1.b of this appendix must be submitted to and approved by the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, prior to testing. IV. Fracture Toughness Requirements A. * * * 1. * * * a. Reactor vessel beltline materials must have Charpy upper-shelf energy 1 in the transverse direction for base material and along the weld for weld material according to the ASME Code, of no less than 75 ft-lb (102 J) initially and must maintain Charpy upper-shelf energy throughout the life of the vessel of no less than 50 ft-lb (68 J), unless it is demonstrated in a manner approved by the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, that lower values of Charpy upper-shelf energy will provide margins of safety against fracture equivalent to those required by Appendix G of Section XI of the ASME Code. This analysis must use the latest edition and addenda of the ASME Code incorporated by reference into § 50.55a(b)(2) at the time the analysis is submitted. 1 Defined in ASTME 185-79 and -82 which are incorporated by reference in appendix H to part 50. c. The analysis for satisfying the requirements of section IV.A.1 of this appendix must be submitted, as specified in § 50.4, for review and approval on an individual case basis at least three years prior to the date when the predicted Charpy upper-shelf energy will no longer satisfy the requirements of section IV.A.1 of this appendix, or on a schedule approved by the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate. 57. In Appendix H, Section III, the introductory text of paragraph C.1 and paragraph C.3 are revised to read as follows: Appendix H to Part 50—Reactor Vessel Material Surveillance Program Requirements III. Surveillance Program Criteria C. * * * 1. In an integrated surveillance program, the representative materials chosen for surveillance for a reactor are irradiated in one or more other reactors that have similar design and operating features. Integrated surveillance programs must be approved by the Director, Office of Nuclear Reactor Regulation or the Director, Office of New Reactors, as appropriate, on a case-by-case basis. Criteria for approval include the following: 3. After (the effective date of this section), no reduction in the amount of testing is permitted unless previously authorized by the Director, Office of Nuclear Reactor Regulation or the Director, Office of New Reactors, as appropriate. 58. In Appendix J, Section V, paragraph B.2 is revised to read as follows: Appendix J to Part 50—Primary Reactor Containment Leakage Testing for Water-Cooled Reactors V. Application B. * * * 2. A licensee or applicant for an operating license under this part or a combined license under part 52 of this chapter may adopt Option B, or parts thereof, as specified in Section V.A of this appendix, by submitting its implementation plan and request for revision to technical specifications (see paragraph B.3 of this section) to the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate. PART 51—ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 59. The authority citation for part 51 continues to read as follows: Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec. 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)). 60. In § 51.4, the definition of NRC Staff Director is revised to read as follows: § 51.4 Definitions. *NRC Staff Director* means: Executive Director for Operations; Director, Office of Nuclear Reactor Regulation; Director, Office of New Reactors; Director, Office of Nuclear Material Safety and Safeguards; Director, Office of Federal and State Materials and Environmental Management Programs; Director, Office of Nuclear Regulatory Research; Director, Office of Governmental and Public Affairs; and The designee of any NRC staff director. 61. In § 51.40, paragraph (c)(1) is revised to read as follows: § 51.40 Consultation with NRC staff.
(c)* * *
(1)*Utilization facilities:* ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-1270, e-mail *RidsNrrOd@nrc.gov.* 62. In § 51.105, paragraph (a)(5) is revised to read as follows: § 51.105 Public hearings in proceedings for issuance of construction permits or early site permits.
(a)* * *
(5)Determine, in a contested proceeding, whether in accordance with the regulations in this subpart, the construction permit or early site permit should be issued as proposed by the NRC's Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate. 63. Section 51.105a is revised to read as follows: § 51.105a Public hearings in proceedings for issuance of manufacturing licenses. In addition to complying with applicable requirements of § 51.31(c), in a proceeding for the issuance of a manufacturing license, the presiding officer will determine whether, in accordance with the regulations in this subpart, the manufacturing license should be issued as proposed by the NRC's Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate. 64. In § 51.107, paragraph (a)(5) is revised to read as follows: § 51.107 Public hearings in proceedings for issuance of combined licenses.
(a)* * *
(5)Determine, in a contested proceeding, whether in accordance with the regulations in this subpart, the combined license should be issued as proposed by the NRC's Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate. 65. In § 51.121, paragraph
(a)is revised to read as follows: § 51.121 Status of NEPA actions.
(a)*Utilization facilities:* ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
(301)415-1270, e-mail *RidsNrrOd@nrc.gov.* PART 52—EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED LICENSES FOR NUCLEAR POWER PLANTS 66. The authority citation for part 52 continues to read as follows: Authority: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat. 936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 67. Section 52.35 is revised to read as follows: § 52.35 Use of site for other purposes. A site for which an early site permit has been issued under this subpart may be used for purposes other than those described in the permit, including the location of other types of energy facilities. The permit holder shall inform the Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate, (Director) of any significant uses for the site which have not been approved in the early site permit. The information about the activities must be given to the Director at least 30 days in advance of any actual construction or site modification for the activities. The information provided could be the basis for imposing new requirements on the permit, in accordance with the provisions of § 52.39. If the permit holder informs the Director that the holder no longer intends to use the site for a nuclear power plant, the Director may terminate the permit. 68. In § 52.75, paragraph
(a)is revised to read as follows: § 52.75 Filing of applications.
(a)Any person except one excluded by § 50.38 of this chapter may file an application for a combined license for a nuclear power facility with the Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate. PART 55—OPERATOR'S LICENSES 69. The authority citation for part 55 continues to read as follows: Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953 , as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended,1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). 70. In § 55.5, paragraph (a)(1) and (b)(1) and the introductory text of paragraph (b)(2) are revised to read as follows: § 55.5 Communications.
(a)* * *
(1)By mail addressed to—Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or (b)(1) Except for test and research reactor facilities, the Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, has delegated to the Regional Administrators of Regions I, II, III, and IV authority and responsibility under the regulations in this part for the issuance and renewal of licenses for operators and senior operators of nuclear power reactors licensed under 10 CFR part 50 or part 52 of this chapter and located in these regions.
(2)Any application for a license or license renewal filed under the regulations in this part involving a nuclear power reactor licensed under 10 CFR part 50 or part 52 of this chapter and any related inquiry, communication, information, or report must be submitted to the Regional Administrator by an appropriate method listed in paragraph
(a)of this section. The Regional Administrator or the Administrator's designee will transmit to the Director, Office of New Reactors or Director, Office of Nuclear Reactor Regulation, as appropriate, any matter that is not within the scope of the Regional Administrator's delegated authority. PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE 71. The authority citation for part 61 continues to read as follows: Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec 2902, 106 Stat. 3123, (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 72. In § 61.2, the definition of *Director* is revised to read as follows: § 61.2 Definitions. *Director* means the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission. 73. Section 61.4 is revised to read as follows: § 61.4 Communications. Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk; Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's Offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/eie.html* , by calling
(301)415-6030, by e-mail to *EIE@nrc.gov,* or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. 74. In § 61.80, paragraph (i)(1) is revised to read as follows: § 61.80 Maintenance of records, reports, and transfers. (i)(1) Each licensee authorized to dispose of waste materials received from other persons under this part shall submit annual reports to the Director, Office of Federal and State Materials and Environmental Management Programs, by an appropriate method listed in § 60.4 of this chapter, with a copy to the appropriate NRC Regional Office shown in appendix D to part 20 of this chapter. Reports must be submitted by the end of the first calendar quarter of each year for the preceding year. PART 62—CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES 75. The authority citation for part 62 continues to read as follows: Authority: Secs. 81, 161, as amended, 68 Stat. 935, 948, 949, 950, 951, as amended (42 U.S.C. 2111, 2201; secs. 201, 209, as amended, 88 Stat. 1242, 1248, as amended (42 U.S.C. 5841, 5849); secs. 3, 4, 5, 6, 99 Stat. 1843, 1844, 1845, 1846, 1847, 1848, 1849, 1850, 1851, 1852, 1853, 1854, 1855, 1856, 1857 (42 U.S.C. 2021c, 2021d, 2021e, 2021f; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 76. Section 62.3 is revised to read as follows: § 62.3 Communications. Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk, Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/eie.html* , by calling
(301)415-6030, by e-mail to *EIE@nrc.gov,* or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. 77. The authority citation for part 73 continues to read as follows: PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS Authority: Secs. 53, 161, 149, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2169, 2201); sec. 201, as amended, 204, 88 Stat. 1242, as amended, 1245, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594 (2005). Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C, 10155, 10161). Section 73.37(f) also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 Stat. 876 (42 U.S.C. 2169). 78. In § 73.4, paragraph
(a)is revised to read as follows: § 73.4 Communications.
(a)By mail addressed to: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Nuclear Material Safety and Safeguards, or Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; PART 75—SAFEGUARDS ON NUCLEAR MATERIAL—IMPLEMENTATION OF US/IAEA AGREEMENT 79. The authority citation for part 75 continues to read as follows: Authority: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note) . Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 80. In § 75.6, paragraphs
(b)and
(c)are revised to read as follows: § 75.6 Maintenance of records and delivery of information, reports, and other communications.
(b)If an installation is a nuclear power plant or a non-power reactor for which a construction permit or operating license has been issued, whether or not a license to receive and possess nuclear material at the installation has been issued, the cognizant Director is the Director, Office of New Reactors, or Director, Office of Nuclear Reactor Regulation, as appropriate. For all other installations, the cognizant Director is the Director, Office of Nuclear Material Safety and Safeguards, or Director, Office of Federal and State Materials and Environmental Management Programs, as appropriate.
(c)Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed: ATTN: Document Control Desk; Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Materials Safety and Safeguards, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/eie.html* , by calling
(301)415-6030, by e-mail to *EIE@nrc.gov,* or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. PART 100—REACTOR SITE CRITERIA 81. The authority citation for part 100 continues to read as follows: Authority: Secs. 103, 104, 161, 182, 68 Stat. 936, 937, 948, 953, as amended (42 U.S.C. 2133, 2134, 2201, 2232); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 82. Section 100.4 is revised to read as follows: § 100.4 Communications. Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed to: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation or Director, Office of New Reactors, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/eie.html* , by calling
(301)415-6030, by e-mail to *EIE@nrc.gov,* or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. Copies should be sent to the appropriate Regional Office and Resident Inspector. PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS 83. The authority citation for part 140 continues to read as follows: Authority: Secs. 161, 170, 68 Stat. 948, 71 Stat. 576 as amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Pub. L. 109-58. 84. Section 140.5 is revised to read as follows: § 140.5 Communications. Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed to: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/eie.html* , by calling
(301)415-6030, by e-mail to *EIE@nrc.gov,* or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. 85. Section 140.6, paragraph
(a)is revised to read as follows: § 140.6 Reports.
(a)In the event of bodily injury or property damage arising out of or in connection with the possession or use of the radioactive material at the location or in the course of transportation, or in the event any claim is made therefor, written notice containing particulars sufficient to identify the licensee and reasonably obtainable information with respect to the time, place, and circumstances thereof, or to the nature of the claim, shall be furnished by or for the licensee to the Director, Office of Nuclear Reactor Regulation, Director, Office of New Reactors, Director, Office of Federal and State Materials and Environmental Management Programs, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, using an appropriate method listed in § 140.5, but in any case as promptly as practicable. The terms the radioactive material, the location, and in the course of transportation as used in this section shall have the meanings defined in the applicable indemnity agreement between the licensee and the Commission. PART 150—EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 86. The authority citation for part 150 continues to read as follows: Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282). 87. Section 150.4 is revised to read as follows: § 150.4 Communications. Except where otherwise specified in this part, all communications and reports concerning the regulations in this part should be sent by mail addressed: ATTN: Document Control Desk, Director, Office of Federal and State Materials and Environmental Management Programs, and sent either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/eie.html* , by calling
(301)415-6030, by e-mail to *EIE@nrc.gov,* or by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. 88. In § 150.16, paragraph (b)(2) is revised to read as follows: § 150.16 Submission to Commission of nuclear material transfer reports.
(b)* * *
(2)Within 15 days, the licensee shall follow the initial report with a written report that sets forth the details of the incident. The report must be sent by an appropriate method listed in § 150.4 to the Director, Office of Federal and State Materials and Environmental Management Programs, with a copy to the appropriate NRC Regional Office, shown in appendix A to part 73 of this chapter. 89. In § 150.19, paragraph
(c)is revised to read as follows: § 150.19 Submission to Commission of tritium reports.
(c)Except as specified in paragraph
(d)of this section, each person who, pursuant to an Agreement State license, is authorized to possess tritium shall report promptly to the appropriate NRC Regional Office as shown in appendix D of part 20 of this chapter by telephone and telegraph, mailgram, or facsimile any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of more than 10 curies of such material at any one time or 100 curies of such material in any one calendar year. The initial report must be followed within a period of fifteen days by a written report that sets forth the details of the incident and its consequences. The report must be submitted to the Director, Office of Federal and State Materials and Environmental Management Programs, using an appropriate method listed in § 150.4, with a copy to the appropriate NRC Regional Office as shown in appendix A to part 73 of this chapter. Subsequent to the submission of the written report required by this paragraph, each person subject to the provisions of this paragraph shall promptly inform the appropriate NRC Regional Office by means of a written report of any substantive additional information, which becomes available to such person, concerning an attempted or apparent theft or unlawful diversion of tritium. Dated at Rockville, Maryland, this 18th day of January, 2008. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. E8-1646 Filed 1-30-08; 8:45 am] BILLING CODE 7590-01-P FEDERAL RESERVE SYSTEM 12 CFR Part 201 [Regulation A] Extensions of Credit by Federal Reserve Banks AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. SUMMARY: The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of a decrease in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically decreased by formula as a result of the Board's primary credit rate action. DATES: The amendments to part 201 (Regulation A) are effective January 31, 2008. The rate changes for primary and secondary credit were effective on the dates specified in 12 CFR 201.51, as amended. FOR FURTHER INFORMATION CONTACT: Jennifer J. Johnson, Secretary of the Board (202/452-3259); for users of Telecommunication Devices for the Deaf
(TDD)only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: The Federal Reserve Banks make primary and secondary credit available to depository institutions as a backup source of funding on a short-term basis, usually overnight. The primary and secondary credit rates are the interest rates that the twelve Federal Reserve Banks charge for extensions of credit under these programs. In accordance with the Federal Reserve Act, the primary and secondary credit rates are established by the boards of directors of the Federal Reserve Banks, subject to the review and determination of the Board. The Board approved requests by the Reserve Banks to decrease by 75 basis points the primary credit rate in effect at each of the twelve Federal Reserve Banks, thereby decreasing from 4.75 percent to 4.00 percent the rate that each Reserve Bank charges for extensions of primary credit. As a result of the Board's action on the primary credit rate, the rate that each Reserve Bank charges for extensions of secondary credit automatically decreased from 5.25 percent to 4.50 percent under the secondary credit rate formula. The final amendments to Regulation A reflect these rate changes. The 75-basis-point decrease in the primary credit rate was associated with a similar decrease in the target for the federal funds rate (from 4.25 percent to 3.50 percent) approved by the Federal Open Market Committee (Committee) and announced at the same time. A press release announcing these actions indicated that: The Committee took this action in view of a weakening of the economic outlook and increasing downside risks to growth. While strains in short-term funding markets have eased somewhat, broader financial market conditions have continued to deteriorate and credit has tightened further for some businesses and households. Moreover, incoming information indicates a deepening of the housing contraction as well as some softening in labor markets. The Committee expects inflation to moderate in coming quarters, but it will be necessary to continue to monitor inflation developments carefully. Appreciable downside risks to growth remain. The Committee will continue to assess the effects of financial and other developments on economic prospects and will act in a timely manner as needed to address those risks. Regulatory Flexibility Act Certification Pursuant to the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Board certifies that the new primary and secondary credit rates will not have a significantly adverse economic impact on a substantial number of small entities because the final rule does not impose any additional requirements on entities affected by the regulation. Administrative Procedure Act The Board did not follow the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of these amendments because the Board for good cause determined that delaying implementation of the new primary and secondary credit rates in order to allow notice and public comment would be unnecessary and contrary to the public interest in fostering price stability and sustainable economic growth. For these same reasons, the Board also has not provided 30 days prior notice of the effective date of the rule under section 553(d). 12 CFR Chapter II List of Subjects in 12 CFR Part 201 Banks, Banking, Federal Reserve System, Reporting and recordkeeping. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR Chapter II to read as follows: PART 201—EXTENSIONS OF CREDIT BY FEDERAL RESERVE BANKS (REGULATION A) 1. The authority citation for part 201 continues to read as follows: Authority: 12 U.S.C. 248(i)-(j), 343 *et seq.* , 347a, 347b, 347c, 348 *et seq.* , 357, 374, 374a, and 461. 2. In § 201.51, paragraphs
(a)and
(b)are revised to read as follows: § 201.51 Interest rates applicable to credit extended by a Federal Reserve Bank. 1 1 The primary, secondary, and seasonal credit rates described in this section apply to both advances and discounts made under the primary, secondary, and seasonal credit programs, respectively.
(a)*Primary credit.* The interest rates for primary credit provided to depository institutions under § 201.4(a) are: Federal Reserve Bank Rate Effective Boston 4.00 January 22, 2008. New York 4.00 January 22, 2008. Philadelphia 4.00 January 22, 2008. Cleveland 4.00 January 22, 2008. Richmond 4.00 January 22, 2008. Atlanta 4.00 January 24, 2008. Chicago 4.00 January 22, 2008. St. Louis 4.00 January 23, 2008. Minneapolis 4.00 January 22, 2008. Kansas City 4.00 January 24, 2008. Dallas 4.00 January 22, 2008. San Francisco 4.00 January 22, 2008.
(b)*Secondary credit.* The interest rates for secondary credit provided to depository institutions under 201.4(b) are: Federal Reserve Bank Rate Effective Boston 4.50 January 22, 2008. New York 4.50 January 22, 2008. Philadelphia 4.50 January 22, 2008. Cleveland 4.50 January 22, 2008. Richmond 4.50 January 22, 2008. Atlanta 4.50 January 24, 2008. Chicago 4.50 January 22, 2008. St. Louis 4.50 January 23, 2008. Minneapolis 4.50 January 22, 2008. Kansas City 4.50 January 24, 2008. Dallas 4.50 January 22, 2008. San Francisco 4.50 January 22, 2008. By order of the Board of Governors of the Federal Reserve System, January 25, 2008. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E8-1657 Filed 1-30-08; 8:45 am] BILLING CODE 6210-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27192; Directorate Identifier 2007-CE-008-AD; Amendment 39-15350; AD 2008-03-01] RIN 2120-AA64 Airworthiness Directives; Viking Air Limited Model DHC-6 Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are superseding an existing airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Certain structural components must be replaced by new components at a certain stage of the aircraft's life to avoid any possibility of fatigue failure. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective March 6, 2008. As of March 6, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: George Duckett, Aerospace Engineer, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone:
(516)228-7325; fax:
(516)794-5531. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on November 14, 2007 (72 FR 64010) and proposed to supersede AD 83-02-02, Amendment 39-4553. That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states that: Certain structural components must be replaced by new components at a certain stage of the aircraft's life to avoid any possibility of fatigue failure. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 166 products of U.S. registry. We also estimate that it will take about 30 work-hours per product to comply with basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $988 per product. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $562,408 or $3,388 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD Docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-4553 (AD 83-02-02, February 4, 1983) and adding the following new AD: **2008-03-01 Viking Air Limited:** Amendment 39-15350; Docket No. FAA-2007-27192; Directorate Identifier 2007-CE-008-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective March 6, 2008. Affected ADs
(b)This AD supersedes AD 83-02-02, Amendment 39-4553. Applicability
(c)This AD applies to Models DHC-6-1, DHC-6-100, DHC-6-200, and DHC-6-300 airplanes, all serial numbers, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 51: Structures. Reason
(e)The mandatory continuing airworthiness information
(MCAI)refers to the Product Support Manual
(PSM)1-6-11, Revision 5, dated January 11, 2000, which states: Certain structural components must be replaced by new components at a certain stage of the aircraft's life to avoid any possibility of fatigue failure. The MCAI requires you to inspect, modify, and/or retire affected structural components to maintain the structural integrity of DHC-6 airplanes. Actions and Compliance
(f)Unless already done, within 30 days after March 6, 2008 (the effective date of this AD), for all aircraft, incorporate the inspections, modifications, and/or retirement of components specified in Bombardier Inc.(formerly de Havilland) DHC-6 “Twin Otter” PSM 1-6-11, Revision 6, dated March 28, 2007, into the aircraft maintenance program. The compliance times are specified in the manual. For aircraft that are approaching or have exceeded the threshold of the new or revised inspections introduced by this AD, compliance with the threshold inspection may be modified as detailed below:
(1)*Pre Mod 6/1117 Wing Assemblies:*
(i)If the last inspection done of the main wing spar attachment lug fastener holes, before March 6, 2008 (the effective date of this AD), was an eddy current inspection following Bombardier Inc. (formerly de Havilland) DHC-6 “Twin Otter” PSM 1-6-11, Revision 5, dated January 11, 2000; or PSM 1-6-11, Revision 6, dated March 28, 2007; do the repeat high frequency eddy current inspection in accordance with the schedule in PSM 1-6-11, Revision 6, dated March 28, 2007.
(ii)If the last inspection done of the main wing spar attachment lug fastener holes, before March 6, 2008 (the effective date of this AD), was an ultrasonic inspection following Bombardier Service Bulletin 6/525, dated September 6, 1996, do the first high frequency eddy current inspection within 1,000 hours time-in-service
(TIS)or 2000 cycles, whichever occurs first, after the last ultrasonic inspection. Repetitively inspect thereafter in accordance with the schedule in PSM 1-6-11, dated March 28, 2007. Note 1: Operators that do not have landing (or cycle) records may determine the number of landings (or cycles) by dividing the number of hours of time-in-service of each airplane by the time of the average flight for the aircraft of that type in the operator's fleet.
(2)*Post Mod 6/1117 and Post Mod 6/1630 Wing Assemblies:* If the inspection threshold for the lower wing skin, stringers, and aft spar lower flange WS122 to WS263 (ribs 8 to 20) has been exceeded or will be exceeded within 6 months after March 6, 2008 (the effective date of this AD), do the first high frequency eddy current inspection within the next 500 hours TIS after March 6, 2008 (the effective date of this AD), or within the next 6 months after March 6, 2008 (the effective date of this AD), whichever occurs first, following PSM 1-6-11, Revision 6, dated March 28, 2007.
(g)You may take “unless already done” credit if the above actions were done following the procedures described in Bombardier Inc. (formerly de Havilland) DHC-6 “Twin Otter” PSM 1-6-11, Revision 5, dated January 11, 2000. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: The MCAI references PSM 1-6-11, Revision 5, dated January 11, 2000. PSM 1-6-11, Revision 6, dated March 28, 2007, has since been issued and is referenced for compliance in this AD. Other FAA AD Provisions
(h)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: George Duckett, Aerospace Engineer, Airframe and Propulsion Branch, FAA, New York Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone:
(516)228-7325; fax:
(516)794-5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et. seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(i)Refer to MCAI Transport Canada AD No. CF-2000-14, dated May 25, 2000; and Viking Air Limited Structural Components Service Life Limits Manual PSM 1-6-11, Revision 6, dated March 28, 2007, for related information. Material Incorporated by Reference
(j)You must use PSM 1-6-11, Revision 6, dated March 28, 2007 to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Bombardier Inc., Bombardier Regional Aircraft Division, Garratt Boulevard, Downsview, Ontario, Canada M3K 1Y5; telephone:
(416)633-7310.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . Issued in Kansas City, Missouri, on January 18, 2008. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-1461 Filed 1-30-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-0172; Directorate Identifier 2007-NM-225-AD; Amendment 39-15353; AD 2008-03-04] RIN 2120-AA64 Airworthiness Directives; Airbus Model A300 B4-600, A300 B4-600R, A300 C4-600R, and A300 F4-600R Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). * * * Under this regulation, all holders of type certificates for passenger transport aircraft * * * are required to conduct a design review against explosion risks. The replacement of some types of P-clips and improvement of the electrical bonding of the equipment in the fuel tanks are rendered mandatory by this AD. The unsafe condition is damage to wiring in the wing, center, and trim fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the wing, center, or trim fuel tanks. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective March 6, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 6, 2008. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1622; fax
(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking
(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on November 9, 2007 (72 FR 63503). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01-L296, dated March 4th, 2002 and 04/00/02/07/03-L024, dated February 3rd, 2003, the JAA (Joint Aviation Authorities) recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft with either a passenger capacity of 30 or more, or a payload capacity of 7,500 pounds (3402 kg) or more, which have received their certification since January 1st, 1958, are required to conduct a design review against explosion risks. The replacement of some types of P-clips and improvement of the electrical bonding of the equipment in the fuel tanks are rendered mandatory by this AD. Note: Initially, EASA AD 2006-0325, which addresses the same unsafe condition, also applied to A300-600 aircraft. The approval holder subsequently introduced additional work at revision 1 of SB (service bulletin) A300-28-6064 applicable to A300-600 aircraft. [On September 21, 2007, the FAA issued parallel AD 2007-20-04 for only Airbus Model A300 Airplanes and Model A310 Airplanes, which was published in the **Federal Register** (72 FR 56258, October 3, 2007).] As a result, AD 2006-0325 has been revised to remove A300-600 aircraft from applicability, and this new AD applicable to A300-600 aircraft is issued. The unsafe condition is damage to wiring in the wing, center, and trim fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the wing, center, or trim fuel tanks. The corrective action is checking the electrical bonding points of certain equipment in the center fuel tank for the presence of a blue coat and doing related investigative and corrective actions if necessary. The related investigative action is to measure the electrical resistance between the equipment and structure, if a blue coat is not present. The corrective action is to electrically bond the equipment, if the measured resistance is greater than 10 milliohms. The corrective action also includes installing new bonding leads and electrical bonding points on certain equipment in the left and right wing fuel tanks and center fuel tank. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect about 114 products of U.S. registry. We also estimate that it will take about 632 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 per work-hour. Required parts will cost about $6,870 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $6,547,020, or $57,430 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527 is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-03-04 Airbus:** Amendment 39-15353. Docket No. FAA-2007-0172; Directorate Identifier 2007-NM-225-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective March 6, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD.
(1)Airbus Model A300 B4-600 series airplanes (without trim tank), all serial numbers, certificated in any category, except airplanes on which Airbus Modifications 12226, 12365, 12490, and 12308 have been incorporated in production, or Airbus Service Bulletins A300-28-6064, Revision 01, dated April 3, 2007; and A300-28-6068, dated July 20, 2005; have been performed in service.
(2)Airbus Model A300 B4-600R, A300 C4-600R, and A300 F4-600R series airplanes (fitted with a trim tank), all serial numbers, certificated in any category, except airplanes on which Airbus Modifications 12226, 12365, 12490, 12308, 12294, and 12476 have been incorporated in production, or on which the service bulletins listed in paragraphs (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this AD have been performed in service.
(i)Airbus Service Bulletin A300-28-6064, Revision 01, dated April 3, 2007.
(ii)Airbus Service Bulletin A300-28-6068, dated July 20, 2005.
(iii)Airbus Service Bulletin A300-28-6077, dated July 25, 2005; or A300-28-6077, Revision 01, dated October 26, 2006. Subject
(d)Air Transport Association
(ATA)of America Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). In their letters referenced 04/00/02/07/01-L296, dated March 4th, 2002 and 04/00/02/07/03-L024, dated February 3rd, 2003, the JAA (Joint Aviation Authorities) recommended the application of a similar regulation to the National Aviation Authorities (NAA). Under this regulation, all holders of type certificates for passenger transport aircraft with either a passenger capacity of 30 or more, or a payload capacity of 7,500 pounds (3402 kg) or more, which have received their certification since January 1st, 1958, are required to conduct a design review against explosion risks. The replacement of some types of P-clips and improvement of the electrical bonding of the equipment in the fuel tanks are rendered mandatory by this AD. Note: Initially, EASA AD 2006-0325, which addresses the same unsafe condition, also applied to A300-600 aircraft. The approval holder subsequently introduced additional work at revision 1 of SB (service bulletin) A300-28-6064 applicable to A300-600 aircraft. [On September 21, 2007, the FAA issued parallel AD 2007-20-04 for only Airbus Model A300 Airplanes and Model A310 Airplanes, which was published in the **Federal Register** (72 FR 56258, October 3, 2007).] As a result, AD 2006-0325 has been revised to remove A300-600 aircraft from applicability, and this new AD applicable to A300-600 aircraft is issued. The unsafe condition is damage to wiring in the wing, center, and trim fuel tanks, due to failed P-clips used for retaining the wiring and pipes, which could result in a possible fuel ignition source in the wing, center, or trim fuel tanks. The corrective action is checking the electrical bonding points of certain equipment in the center fuel tank for the presence of a blue coat and doing related investigative and corrective actions if necessary. The related investigative action is to measure the electrical resistance between the equipment and structure, if a blue coat is not present. The corrective action is to electrically bond the equipment, if the measured resistance is greater than 10 milliohms. The corrective action also includes installing new bonding leads and electrical bonding points on certain equipment in the left and right wing fuel tanks and center fuel tank. Actions and Compliance
(f)Within 40 months after the effective date of this AD, unless already done, do the following actions.
(1)Remove NSA5516-XXND or NSA5516-XXNJ type P-clips, used in the wing and center fuel tanks to retain wiring and pipes, and replace them by NSA5516-XXNF type P-clips in accordance with the instructions of Airbus Service Bulletin A300-28-6068, dated July 20, 2005.
(2)Check the electrical bonding points in the center tank and do all applicable related investigative and corrective actions, and install additional bonding leads and electrical bonding points in the wing and center fuel tanks in accordance with the instructions of Airbus Service Bulletin A300-28-6064, Revision 01, dated April 3, 2007. Do all applicable related investigative and corrective actions before further flight.
(3)For airplanes fitted with a trim tank, in addition to the actions defined in paragraphs (f)(1) and (f)(2) of this AD, install bonding leads and electrical bonding points in the trim tanks, in accordance with the instructions of Airbus Service Bulletin A300-28-6077, Revision 01, dated October 26, 2006.
(4)Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A300-28-6064, dated July 28, 2005, for aircraft under configuration 05, as defined in the service bulletin, are considered acceptable for compliance with the requirements of paragraph (f)(2) of this AD.
(5)Actions done before the effective date of this AD in accordance with Airbus Service Bulletin A300-28-6077, dated July 25, 2005, for aircraft under configuration 05, as defined in the service bulletin, are considered acceptable for compliance with the requirements of paragraph (f)(3) of this AD. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: The applicability of the MCAI does not address Airbus Modification 12490. We have added this Modification number to the applicability of this AD, as requested by Airbus and coordinated with the European Aviation Safety Agency (EASA). Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Tom Stafford, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425)227-1622; fax
(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI EASA Airworthiness Directive 2007-0233, dated August 27, 2007, and the service information listed in Table 1 of this AD, for related information. Table 1.—Service Information Airbus Service Bulletin Revision level Date A300-28-6064 01 April 3, 2007. A300-28-6068 Original July 20, 2005. A300-28-6077 01 October 26, 2006. Material Incorporated by Reference
(i)You must use the service information specified in Table 2 of this AD to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.
(3)You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call
(202)741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Table 2.—Material Incorporated by Reference Airbus Service Bulletin Revision level Date A300-28-6064 01 April 3, 2007. A300-28-6068 Original July 20, 2005. A300-28-6077 01 October 26, 2006. Issued in Renton, Washington, on January 18, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-1462 Filed 1-30-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0105; Directorate Identifier 2008-CE-001-AD; Amendment 39-15355; AD 2008-03-06] RIN 2120-AA64 Airworthiness Directives; Stemme GmbH & Co. KG Model S10-VT Powered Sailplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive
(AD)for the products listed above. This AD results from mandatory continuing airworthiness information
(MCAI)issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: A leakage in the area of a plastic T-connector was found during a daily pre-flight check. The investigation has shown a crack in the centre part of this connector. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective February 20, 2008. On February 20, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. We must receive comments on this AD by March 3, 2008. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:*
(202)493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone
(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Gregory Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-4090. SUPPLEMENTARY INFORMATION: Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued Emergency AD No. 2007-0315-E, dated December 21, 2007 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: A leakage in the area of a plastic T-connector was found during a daily pre-flight check. The investigation has shown a crack in the centre part of this connector. This proposed AD would require you to inspect all plastic connectors in the area of the fuel pumps and the connection point of the pressure lines to the fuel shut-off valve for possible leakage and replace the plastic connectors in the fuel system with metal connectors if leaks are found. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information STEMME F & D has issued Service Bulletin A31-10-082, Am.-Index: 01.a, dated November 30, 2007. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because a leak in the area of a fuel line plastic T-connector was found, which could result in the possibility of fuel leaking into the engine compartment. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2008-0105; Directorate Identifier 2008-CE-001-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2008-03-06 Stemme GmbH & Co. KG:** Amendment 39-15355; Docket No. FAA-2008-0105; Directorate Identifier 2008-CE-001-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective February 20, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Model S10-VT powered sailplanes, serial numbers 11-001 through 11-112, except 11-036, 11-067, 11-068, and 11-090, certificated in any category. Subject
(d)Air Transport Association of America
(ATA)Code 28: Fuel. Reason
(e)The mandatory continuing airworthiness information
(MCAI)states: A leakage in the area of a plastic T-connector was found during a daily pre-flight check. The investigation has shown a crack in the centre part of this connector. This AD requires you to inspect all plastic connectors in the area of the fuel pumps and the connection point of the pressure lines to the fuel shut-off valve for possible leakage and replace the plastic connectors in the fuel system with metal connectors if leaks are found. Actions and Compliance
(f)Unless already done, do the following actions.
(1)Before the first flight of each day after February 20, 2008 (the effective date of this AD) until the replacement required in paragraph (f)(3) of this AD is done, inspect all plastic connectors in the area of the fuel pumps and the connection point of the pressure lines to the fuel shut-off valve (behind the rear bulkhead of the front fuselage) for possible leakage. Do the inspection following STEMME F & D Service Bulletin A31-10-082, Am.-Index: 01.a, dated November 30, 2007.
(2)Before further flight after the inspection required in paragraph (f)(1) of this AD, replace the plastic T- and Y-connectors in the fuel system with metal connectors if leaks are found. Do the replacements following STEMME F & D Service Bulletin A31-10-082, Am.-Index: 01.a, dated November 30, 2007. This replacement terminates the repetitive inspections required in paragraph (f)(1) of this AD.
(3)Within the next 30 days after February 20, 2008 (the effective date of this AD), replace all plastic T- and Y-connectors in the fuel system with metal connectors. Do the replacements following STEMME F & D Service Bulletin A31-10-082, Am.-Index: 01.a, dated November 30, 2007. This replacement terminates the repetitive inspections required in paragraph (f)(1) of this AD. FAA AD Differences Note: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions
(g)The following provisions also apply to this AD:
(1)*Alternative Methods of Compliance (AMOCs):* The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Gregory Davison, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone:
(816)329-4130; fax:
(816)329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.
(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget
(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information
(h)Refer to MCAI European Aviation Safety Agency (EASA), Emergency AD 2007-0315-E, dated December 21, 2007, and STEMME F & D Service Bulletin A31-10-082, Am.-Index: 01.a, dated November 30, 2007, for related information. Material Incorporated by Reference
(i)You must use STEMME F & D Service Bulletin A31-10-082, Am.-Index: 01.a, dated November 30, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact STEMME GmbH & Co. KG, Flugplatzstraße F 2, Nr. 7, 15344 Strausberg, Federal Republic of Germany; telephone: 49.33.41.3612.0; facsimile: 49.33.41.3612.30.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Kansas City, Missouri on January 24, 2008. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-1679 Filed 1-30-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-27891; Directorate Identifier 2007-NE-14-AD; Amendment 39-15349; AD 2008-02-19] RIN 2120-AA64 Airworthiness Directives; Honeywell International Inc. TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, and -60 Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is adopting a new airworthiness directive
(AD)for Honeywell International Inc. (Honeywell) TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines. This AD requires removal from service of certain high pressure
(HP)turbine rotor assemblies with part numbers (P/Ns) 3075772-1 and 3060841-1 using a drawdown schedule, and returning them to Honeywell for curvic root radius inspection. This AD results from the manufacturer's report that some HP turbine rotor discs received improperly machined radii in the root of the forward and aft curvic teeth during manufacture. We are issuing this AD to prevent uncontained failure of the HP turbine rotor assembly, which could result in damage to the airplane. DATES: This AD becomes effective March 6, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of March 6, 2008. ADDRESSES: You can get the service information identified in this AD from Honeywell Technical Publications and Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; telephone:
(602)365-2493 (General Aviation),
(602)365-5535 (Commercial Aviation), fax:
(602)365-5577 (General Aviation and Commercial Aviation). The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. FOR FURTHER INFORMATION CONTACT: Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail: *joseph.costa@faa.gov;* telephone:
(562)627-5246; fax:
(562)627-5210. SUPPLEMENTARY INFORMATION: The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to Honeywell TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines. We published the proposed AD in the **Federal Register** on September 4, 2007 (72 FR 50648). That action proposed to require removal from service of certain HP turbine rotor assemblies with P/Ns 3075772-1 and 3060841-1 using a drawdown schedule, and returning them to Honeywell for curvic root radius inspection. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone
(800)647-5527) is provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Comments We provided the public the opportunity to participate in the development of this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD will affect 400 HP turbine rotor discs installed in TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines, and 170 HP turbine rotor discs installed in TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, and -5R series turbofan engines, installed in airplanes of U.S. registry. We also estimate that it will take about 42 work-hours per engine to perform the actions at an unscheduled removal, and about 2 work-hours at a scheduled removal. The average labor rate is $80 per work-hour. Required parts will cost about $46,535 per engine. We estimate that 50 percent of the HP turbine rotor discs will fail the curvic root radius inspection. Based on these figures, we estimate the total cost of the AD to U.S. operators to be $13,490,000. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD:
(1)Is not a “significant regulatory action” under Executive Order 12866;
(2)Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and
(3)Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary at the address listed under ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: **2008-02-19 Honeywell International Inc. (formerly AlliedSignal Inc. and Garrett Turbine Engine Co.):** Amendment 39-15349. Docket No. FAA-2007-27891; Directorate Identifier 2007-NE-14-AD. Effective Date
(a)This airworthiness directive
(AD)becomes effective March 6, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to Honeywell International Inc. (Honeywell) TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, -5R, -20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines with certain high pressure
(HP)turbine rotor discs part numbers and serial numbers. These engines are installed on, but not limited to, the following airplanes: Avions Marcel Dassault Mystere-Falcon 10 and 50 Series Cessna Model 650; Citations III, VI, and VII Dassault-Aviation 20, 50, 50EX, 900, MF900, and 900EX (900DX) Series Gulfstream Aerospace LP (formerly IAI) 1125 Westwind Astra, Astra SPX, Gulfstream 100 Series Israel Aircraft Industries
(IAI)1124 Series (Westwind 1124) Learjet 31, 35, 36, 45 (or Learjet 40), and 55 Series Lockheed-Georgia 3329-25 Series (731 Jetstar, Jetstar II) Raytheon Corporate Jets (formerly British Aerospace) Hawker 800 and 850 Series Sabreliner NA-265-65 (Sabreliner 65) Unsafe Condition
(d)This AD results from the manufacturer's report that some HP turbine rotor discs received improperly machined radii in the root of the forward and aft curvic teeth during manufacture. We are issuing this AD to prevent uncontained failure of the HP turbine rotor assembly, which could result in damage to the airplane. Compliance
(e)You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, and -5R Series Turbofan Engines
(f)For TFE731-2C, -3B, -3BR, -3C, -3CR, -3D, -3DR, -4R, -5AR, -5BR, and -5R series turbofan engines, remove HP turbine rotor assemblies from service containing HP turbine rotor discs, part number (P/N) 3075772-1, having any serial number
(SN)in Table 1 of Honeywell Service Bulletin
(SB)No. TFE731-72-3720, dated July 5, 2006. Use the following drawdown schedule:
(1)For HP turbine discs with 4,200 cycles-since-new
(CSN)or more on the effective date of this AD, remove HP turbine rotor assemblies within 100 cycles-in-service
(CIS)after the effective date of this AD.
(2)For HP turbine discs with fewer than 4,200 CSN on the effective date of this AD, remove HP turbine rotor assemblies at the next access to the HP turbine rotor discs, but not to exceed 4,300 CSN. TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, and -60 Series Turbofan Engines
(g)For TFE731-20R, -20AR, -20BR, -40, -40AR, -40R, and -60 series turbofan engines, remove HP turbine rotor assemblies from service containing HP turbine rotor discs, P/N 3060841-1, having any SN in Table 1 of Honeywell Alert SB No. TFE731-A72-5185, dated July 5, 2006. Use the following drawdown schedule:
(1)For HP turbine discs with 3,200 CSN or more on the effective date of this AD, remove HP turbine rotor assemblies within 100 CIS after the effective date of this AD.
(2)For HP turbine discs with fewer than 3,200 CSN on the effective date of this AD, remove HP turbine rotor assemblies at the next access to the turbine rotor discs, but not to exceed 3,300 CSN. For All Engines
(h)HP turbine rotor discs removed per paragraphs
(f)and
(g)of this AD must pass a curvic root radius inspection performed by Honeywell Engines, Systems and Services, Phoenix, Arizona, Certificate Repair Station No. ZN3R030M, before the discs are eligible for reinstallation in an engine.
(i)For the purposes of this AD, access to the HP turbine rotor discs is defined as the removal of the HP turbine rotor assembly from the engine. Alternative Methods of Compliance
(j)The Manager, Los Angeles Aircraft Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information
(k)Contact Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; e-mail: *joseph.costa@faa.gov;* telephone:
(562)627-5246; fax:
(562)627-5210, for more information about this AD.
(l)For more information regarding the engine manufacturer's accomplishment instructions or material information, refer to Honeywell Alert SB No. TFE731-A72-5185, dated July 5, 2006, and SB No. TFE731-72-3720, dated July 5, 2006.
(m)Also, for technical support regarding the curvic root dimensional inspection criteria, contact the Technical Operations Center: telephone:
(800)601-3099 (U.S.) or
(602)365-3099 (International) and press option #9; e-mail: *AeroTechSupport@Honeywell.com;* or fax:
(602)365-3343. Material Incorporated by Reference
(n)You must use Table 1 of Honeywell Alert Service Bulletin No. TFE731-A72-5185, dated July 5, 2006, or Table 1 of Honeywell Service Bulletin No. TFE731-72-3720, dated July 5, 2006, as applicable, to determine SN applicability of HP turbine rotor discs requiring removal by this AD. The Director of the Federal Register approved the incorporation by reference of these service bulletins in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Honeywell Technical Publications and Distribution, M/S 2101-201, P.O. Box 52170, Phoenix, AZ 85072-2170; telephone:
(602)365-2493 (General Aviation),
(602)365-5535 (Commercial Aviation), fax:
(602)365-5577 (General Aviation and Commercial Aviation) for a copy of this service information. You may review copies at the FAA, New England Region, 12 New England Executive Park, Burlington, MA; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal-register/cfr/ibr-locations.html.* Issued in Burlington, Massachusetts, on January 16, 2008. Peter A. White, Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E8-1238 Filed 1-30-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2007-29138; Directorate Identifier 2007-CE-073-AD; Amendment 39-15351; AD 2008-03-02] RIN 2120-AA64 Airworthiness Directives; Cessna Aircraft Company Models 172R and 172S Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive
(AD)for certain Cessna Aircraft Company (Cessna) Models 172R and 172S airplanes. This AD requires you to inspect the fuel return line assembly for chafing; replace the fuel return line assembly if chafing is found; and inspect the clearance between the fuel return line assembly and both the right steering tube assembly and the airplane structure, adjusting as necessary. This AD results from reports of chafed fuel return line assemblies, which were caused by the fuel return line assembly rubbing against the right steering tube assembly during full rudder pedal actuation. We are issuing this AD to detect and correct chafing of the fuel return line assembly, which could result in fuel leaking under the floor and fuel vapors entering the cabin. This condition could lead to fire under the floor or in the cabin area. DATES: This AD becomes effective on March 6, 2008. On March 6, 2008, the Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD. ADDRESSES: For service information identified in this AD, contact Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; telephone:
(316)517-5800; fax:
(316)942-9006. To view the AD docket, go to U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at *http://www.regulations.gov* . The docket number is FAA-2007-29138; Directorate Identifier 2007-CE-073- AD. FOR FURTHER INFORMATION CONTACT: Jeff Janusz, Aerospace Engineer, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone:
(316)946-4148; fax:
(316)946-4107; e-mail: *jeff.janusz@faa.gov* . SUPPLEMENTARY INFORMATION: Discussion On October 17, 2007, we issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Cessna Models 172R and 172S airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking
(NPRM)on October 24, 2007 (72 FR 60291). The NPRM proposed to require you to detect and correct chafing of the fuel return line assembly. Comments We provided the public the opportunity to participate in developing this AD. We received no comments on the proposal or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for minor editorial corrections. We have determined that these minor corrections: • Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and • Do not add any additional burden upon the public than was already proposed in the NPRM. Differences Between This AD and the Service Information The service information permits tube damage up to a depth of 0.0035 inch. There is no known method to accurately measure the thickness damage on a tube. We require replacement of the fuel return line assembly if any damage is found. If no chafing is found in the inspection of the fuel return line assembly, the service information does not require inspection for clearance around the fuel return line assembly. We require you to inspect the clearance between the fuel return line assembly and both the right steering tube assembly and airplane structure, for all applicable aircraft. The service information does not specify a minimum clearance requirement between the fuel return line assembly and the right steering tube assembly, only that the fuel return line assembly does not touch either the right steering tube assembly or the airplane structure. We require a minimum of 0.5 inch of clearance between the fuel return line assembly and both the right steering tube assembly and the airplane structure, during full rudder pedal actuation. The requirements of this AD take precedence over the provisions in the service information. Costs of Compliance We estimate that this AD affects 928 airplanes in the U.S. registry. We estimate the following costs to do the inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 1 work-hour × $80 per hour = $80 N/A $80 $74,240 We estimate the following costs to do any necessary replacements that will be required based on the results of the inspection. We have no way of determining the number of airplanes that may need this replacement: Labor cost Parts cost Total cost per airplane 0.5 work-hour × $80 per hour = $40 $123 $163 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this AD. Regulatory Findings We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a summary of the costs to comply with this AD (and other information as included in the Regulatory Evaluation) and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES . Include “Docket No. FAA-2007-29138; Directorate Identifier 2007-CE-073-AD” in your request. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. FAA amends § 39.13 by adding the following new AD: **2008-03-02 Cessna Aircraft Company:** Amendment 39-15351; Docket No. FAA-2007-29138; Directorate Identifier 2007-CE-073-AD. Effective Date
(a)This AD becomes effective on March 6, 2008. Affected ADs
(b)None. Applicability
(c)This AD applies to the following airplane models and serial numbers that are certificated in any category: Models Serial Nos. 172R 17281188 through 17281390. 172S 172S9491 through 172S10489. Unsafe Condition
(d)This AD results from reports of chafed fuel return line assemblies caused by the fuel return line assembly rubbing against the right steering tube assembly during full rudder pedal actuation. We are issuing this AD to detect and correct chafing of the fuel return line assembly, which could result in fuel leaking under the cabin floor and fuel vapors entering the cabin. This condition could lead to fire under the floor or in the cabin area. Compliance
(e)To address this problem, you must do the following, unless already done: Note: The requirements of this AD take precedence over the actions required in the service information. Actions Compliance Procedures
(1)Inspect the fuel return line assembly (Cessna part number (P/N) 0500118-49 or FAA-approved equivalent P/N) for chafing Within the next 100 hours time-in-service
(TIS)after March 6, 2008 (the effective date of this AD) or within the next 12 months after March 6, 2008 (the effective date of this AD), whichever occurs first Follow Cessna Service Bulletin SB07-28-01, dated June 18, 2007.
(2)If chafing is found in the inspection required in paragraph (e)(1) of this AD, replace the fuel return line assembly (Cessna P/N 0500118-49 or FAA-approved equivalent P/N) Before further flight after the inspection required in paragraph (e)(1) of this AD where evidence of chafing was found Follow Cessna Service Bulletin SB07-28-01, dated June 18, 2007.
(3)Inspect for a minimum clearance of 0.5 inch between the following parts throughout the entire range of copilot rudder pedal travel and adjust the clearance as necessary: Before further flight after:
(A)The inspection required in paragraph (e)(1) of this AD if no chafing is found; or
(B)The replacement required in paragraph (e)(2) of this AD. Follow paragraph 6 of the Instructions section of Cessna Service Bulletin SB07-28-01, dated June 18, 2007. This AD requires a minimum clearance of 0.5 inch.
(i)The fuel return line assembly (Cessna P/N 0500118-49 or FAA-approved equivalent P/N) and the steering tube assembly (Cessna P/N MC0543022-2C); and
(ii)The fuel return line assembly (Cessna P/N 0500118-49 or FAA-approved equivalent P/N) and the airplane structure Alternative Methods of Compliance (AMOCs)
(f)The Manager, Wichita Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Jeff Janusz, Aerospace Engineer, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone:
(316)946-4148; fax:
(316)946-4107; e-mail: *jeff.janusz@faa.gov* . Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector
(PI)in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Material Incorporated by Reference
(g)You must use Cessna Service Bulletin SB07-28-01, dated June 18, 2007, to do the actions required by this AD, unless the AD specifies otherwise.
(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.
(2)For service information identified in this AD, contact Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita, Kansas 67277; telephone:
(316)517-5800; fax:
(316)942-9006.
(3)You may review copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html* . > Issued in Kansas City, Missouri, on January 22, 2008. John Colomy, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E8-1460 Filed 1-30-08; 8:45 am] BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-0276; Airspace Docket No. 07-AEA-16] Establishment of Class E Airspace; Lewisburg, PA AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule, request for comments. SUMMARY: This action establishes Class E Airspace at Lewisburg, PA to support a new Area Navigation
(RNAV)Global Positioning System
(GPS)Special Instrument Approach Procedure
(IAP)that has been developed for medical flight operations into the Evangelical Community Hospital East Heliport. This action enhances the safety and management of Instrument Flight Rule
(IFR)operations by providing the required controlled airspace for this approach at Lewisburg, PA. DATES: Effective 0901 UTC, April 10, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. Comments for inclusion in the Rules Docket must be received on or before March 17, 2008. ADDRESSES: Send comments on this rule to: U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001; Telephone: 1-800-647-5527; Fax: 202-493-2251. You must identify the Docket Number FAA-2007-0276; Airspace Docket No. 07-AEA-16, at the beginning of your comments. You may also submit and review received comments through the Internet at *http://www.regulations.gov.* You may review the public docket containing the rule, any comments received, and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia 30337. FOR FURTHER INFORMATION CONTACT: Daryl Daniels, Airspace Specialist, System Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone
(404)305-5581, fax
(404)305-5572 or via e-mail to *Daryl.Daniels@faa.gov.* SUPPLEMENTARY INFORMATION: The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comments, and, therefore, issues it as a direct final rule. The FAA has determined that this rule only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Unless a written adverse or negative comment or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the effective date. If the FAA receives, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Although this action is in the form of a direct final rule, and was not preceded by a notice of proposed rulemaking, interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. An electronic copy of this document may be downloaded from and comments may be submitted and reviewed at *http://www.regulations.gov* . Recently published rulemaking dockets can also be accessed through the FAA's Web page at *http://www.faa.gov* or the Federal Register's Web page at *http://www.gpoaccess.gov/fr/index.html* . Communications should identify both docket numbers and be submitted in triplicate to the address specified under the caption ADDRESSES above or through the Web site. All communications received on or before the closing date for comments will be considered, and this rule may be amended or withdrawn in light of the comments received. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of this action and determining whether additional rulemaking action would be needed. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. Those wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2007-0276; Airspace Docket No. 07-AEA-16.” The postcard will be date stamped and returned to the commenter. The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace at Lewisburg, PA, providing the controlled airspace required to support the new Copter RNAV
(GPS)360 Point in Space
(PinS)approach developed for the Evangelical Community Hospital East Heliport. In today's environment where speed of treatment for medical injuries is imperative, various landing sites have been developed for helicopter medical Lifeguard flights or Lifeflights to assist local hospitals; this is one of those sites. Controlled airspace, known as Class E5 airspace, extending upward from 700 feet Above Ground Level
(AGL)is required for instrument flight rule operations and to encompass all instrument approach procedures to the extent practical. In this instance, that airspace is airspace within a six mile radius of the Point in Space associated with this approach at Lewisburg, PA. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the Earth are published in FAA Order 7400.9R, signed August 15, 2007, effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E designations listed in this document will be published subsequently in the Order. Agency Findings The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore,
(1)is not a “significant regulatory action” under Executive Order 12866;
(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and
(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace serving the Evangelical Community Hospital East in Lewisburg, PA. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (Air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, effective September 15, 2007, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AEA PA E5 Lewisburg, PA [New] Evangelical Community Hospital East Heliport (lat. 40°58′47″ N., long. 76°53′08″ W.) Point in Space Coordinates (lat. 40°58′09″ N., long. 76°52′58″ W.) That airspace extending upward from 700 feet above the surface of the Earth within a 6-mile radius of the Point in Space coordinates (lat. 40°58′09″ N., long. 76°52′58″ W.) serving the Evangelical Community Hospital East Heliport. Issued in College Park, Georgia, on December 17, 2007. Mark D. Ward, Manager, System Support Group, Eastern Service Center. [FR Doc. 08-349 Filed 1-30-08; 8:45 am]
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  • Pub. L. 97-425
  • 96 Stat. 2213
  • Pub. L. 91-190
  • 83 Stat. 853
  • 88 Stat. 1248
  • 68 Stat. 936
  • Pub. L. 97-415
  • 96 Stat. 2073
  • 83 Stat. 444
  • 88 Stat. 1246
  • Pub. L. 101-410
+ 47 more
Citation graph
cites case law
Unknown
Final rule
U.S.C.§ 553
C.F.R.§ 51.22
U.S.C.§ 3501
U.S.C.§ 552
U.S.C.§ 2033
U.S.C.§ 2039
Stat.Public Law 87–615
U.S.C.§ 2241
U.S.C.§ 5841
Cite10 CFR 1
Cite10 CFR 2
Cite10 CFR 30
Cites 146 · showing 12Cited by 0 across 0 sources
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