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20716 Federal Register / Vol. 72, No.

80 / Thursday, April 26, 2007 / Rules and Regulations

definitions of fuel debris, damaged fuel List of Subjects in 10 CFR Part 72 Certificate Number: 1014.
assembly, and non-fuel hardware; and Administrative practice and Initial Certificate Effective Date: June
Appendix B, Section 2 to the CoC, to procedure, Criminal penalties, 1, 2000.
permit the storage of pressurized water Manpower training programs, Nuclear Amendment Number 1 Effective Date:
reactor fuel assemblies with annular materials, Occupational safety and July 15, 2002.
fuel pellets in the top and bottom 12 Amendment Number 2 Effective Date:
health, Penalties, Radiation protection,
inches of the active fuel length. Other June 7, 2005.
Reporting and recordkeeping Amendment Number 3 Effective Date:
changes are made to incorporate minor requirements, Security measures, Spent
editorial corrections. The alternative to May 29, 2007.
fuel, Whistleblowing. SAR Submitted by: Holtec
this action is to withhold approval of
■ For the reasons set out in the International.
this amended cask system design.
preamble and under the authority of the SAR Title: Final Safety Analysis
Withholding approval, in the absence of
any safety reason for doing so, would Atomic Energy Act of 1954, as amended; Report for the HI–STORM 100 Cask
not comply with the requirements of the Energy Reorganization Act of 1974, System.
sections 218(a) and 133 of the Nuclear as amended; and 5 U.S.C. 552 and 553; Docket Number: 72–1014.
Waste Policy Act. the NRC is adopting the following Certificate Expiration Date: June 1,
Approval of the final rule is amendments to 10 CFR Part 72. 2020.
consistent with previous NRC actions. Model Number: HI–STORM 100.
PART 72—LICENSING * * * * *
Further, the final rule will have no REQUIREMENTS FOR THE
adverse effect on public health and INDEPENDENT STORAGE OF SPENT Dated at Rockville, Maryland, this 13th day
safety. This final rule has no significant NUCLEAR FUEL, HIGH-LEVEL of April, 2007.
identifiable impact or benefit on other RADIOACTIVE WASTE, AND For the Nuclear Regulatory Commission.
Government agencies. Based on this REACTOR-RELATED GREATER THAN Luis A. Reyes,
discussion of the benefits and impacts CLASS C WASTE Executive Director for Operations.
of the alternatives, the NRC concludes
[FR Doc. E7–8033 Filed 4–25–07; 8:45 am]
that the requirements of the final rule ■ 1. The authority citation for Part 72
BILLING CODE 7590–01–P
are commensurate with the NRC’s continues to read as follows:
responsibilities for public health and Authority: Secs. 51, 53, 57, 62, 63, 65, 69,
safety and the common defense and 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.
security. No other available alternative 929, 930, 932, 933, 934, 935, 948, 953, 954, DEPARTMENT OF TRANSPORTATION
is believed to be as satisfactory, and 955, as amended, sec. 234, 83 Stat. 444, as
amended (42 U.S.C. 2071, 2073, 2077, 2092, Federal Aviation Administration
thus, this action is recommended.
2093, 2095, 2099, 2111, 2201, 2232, 2233,
Regulatory Flexibility Certification 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 14 CFR Part 39
Under the Regulatory Flexibility Act L. 86–373, 73 Stat. 688, as amended (42
[Docket No. FAA–2007–27980; Directorate
U.S.C. 2021); sec. 201, as amended, 202, 206,
of 1980 (5 U.S.C. 605(b)), the NRC Identifier 2007–NM–066–AD; Amendment
88 Stat. 1242, as amended, 1244, 1246 (42
certifies that this rule will not, if issued, 39–15033; AD 2007–09–03]
U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.
have a significant economic impact on 10, 92 Stat. 2951 as amended by Pub. L. 102– RIN 2120–AA64
a substantial number of small entities. 486, sec. 7902, 106 Stat. 3123 (42 U.S.C.
This final rule affects only the licensing 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 Airworthiness Directives; Learjet
and operation of nuclear power plants, (42 U.S.C. 4332); secs. 131, 132, 133, 135, Model 45 Airplanes
independent spent fuel storage facilities, 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230,
and Holtec International. The 2232, 2241, sec. 148, Pub. L. 100–203, 101 AGENCY: Federal Aviation
Stat. 1330–235 (42 U.S.C. 10151, 10152, Administration (FAA), Department of
companies that own these plants do not
10153, 10155, 10157, 10161, 10168); sec. Transportation (DOT).
fall within the scope of the definition of 1704, 112 Stat. 2750 (44 U.S.C. 3504 note);
‘‘small entities’’ set forth in the ACTION: Final rule; request for
sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10
Regulatory Flexibility Act or the Small (42 U.S.C. 2014, 2021, 2021b, 2111). comments.
Business Size Standards set out in Section 72.44(g) also issued under secs.
SUMMARY: The FAA is adopting a new
regulations issued by the Small 142(b) and 148(c), (d), Pub. L. 100–203, 101
Stat. 1330–232, 1330–236 (42 U.S.C. airworthiness directive (AD) for certain
Business Administration at 13 CFR Part
10162(b), 10168(c), (d)). Section 72.46 also Learjet Model 45 airplanes. This AD
121.
issued under sec. 189, 68 Stat. 955 (42 U.S.C. requires deactivating the auxiliary
Backfit Analysis 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 power unit (APU), capping/plugging the
(42 U.S.C. 10154). Section 72.96(d) also fuel lines to the APU, and removing the
The NRC has determined that the
issued under sec. 145(g), Pub. L. 100–203, APU fuel shutoff valve. This AD results
backfit rule (10 CFR 50.109 or 10 CFR 101 Stat. 1330–235 (42 U.S.C. 10165(g)).
72.62) does not apply to this final rule from reports of fuel leaking from the
Subpart J also issued under secs. 2(2), 2(15),
because this amendment does not 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.
APU fuel shutoff valve into a flammable
involve any provisions that would 2202, 2203, 2204, 2222, 2224 (42 U.S.C. fluid fire protection area that is also
impose backfits as defined. Therefore, a 10101, 10137(a), 10161(h)). Subparts K and L interconnected with the main landing
backfit analysis is not required. are also issued under sec. 133, 98 Stat. 2230 gear’s wheel well bay. We are issuing
(42 U.S.C. 10153) and sec. 218(a), 96 Stat. this AD to prevent fuel leaking from the
Congressional Review Act 2252 (42 U.S.C. 10198). fuel shutoff valve of the APU, which
Under the Congressional Review Act ■ 2. In § 72.214, Certificate of could result in an uncontrollable fire
of 1996, the NRC has determined that Compliance 1014 is revised to read as and adversely affect the airplane’s
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this action is not a major rule and has follows: continued safe flight and landing.
verified this determination with the DATES: This AD becomes effective May
Office of Information and Regulatory § 72.214 List of approved spent fuel 11, 2007.
Affairs, Office of Management and storage casks. The Director of the Federal Register
Budget. * * * * * approved the incorporation by reference

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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20717

of a certain publication listed in the AD March 26, 2007. The service bulletin opportunity for public comment;
as of May 11, 2007. describes procedures for deactivating however, we invite you to submit any
We must receive comments on this the APU, capping/plugging the fuel relevant written data, views, or
AD by June 25, 2007. lines to the APU, and removing the APU arguments regarding this AD. Send your
ADDRESSES: Use one of the following fuel shutoff valve. Deactivating the APU comments to an address listed in the
addresses to submit comments on this also involves attaching inoperative APU ADDRESSES section. Include ‘‘Docket No.
AD. placards in various locations. The FAA–2007–27980; Directorate Identifier
• DOT Docket Web site: Go to service bulletin also describes 2007–NM–066–AD’’ at the beginning of
http://dms.dot.gov and follow the procedures for sending the removed your comments. We specifically invite
instructions for sending your comments APU shutoff valves and compliance comments on the overall regulatory,
electronically. information to Learjet. economic, environmental, and energy
• Government-wide rulemaking Web aspects of the AD that might suggest a
site: Go to http://www.regulations.gov FAA’s Determination and Requirements need to modify it.
and follow the instructions for sending of This AD We will post all comments we
your comments electronically. The unsafe condition described receive, without change, to http://
• Mail: Docket Management Facility; previously is likely to exist or develop dms.dot.gov, including any personal
U.S. Department of Transportation, 400 on other airplanes of the same type information you provide. We will also
Seventh Street, SW., Nassif Building, design. For this reason, we are issuing post a report summarizing each
Room PL–401, Washington, DC 20590. this AD to prevent fuel leaking from the substantive verbal contact with FAA
• Fax: (202) 493–2251. fuel shutoff valve of the APU, which personnel concerning this AD. Using the
• Hand Delivery: Room PL–401 on could result in an uncontrolled fire and search function of that web site, anyone
the plaza level of the Nassif Building, adversely affect the airplane’s continued can find and read the comments in any
400 Seventh Street, SW., Washington, safe flight and landing. This AD requires of our dockets, including the name of
DC, between 9 a.m. and 5 p.m., Monday accomplishing the actions specified in the individual who sent the comment
through Friday, except Federal holidays. the service information described (or signed the comment on behalf of an
Contact Learjet, Inc., One Learjet Way, association, business, labor union, etc.).
previously, except as discussed under
Wichita, Kansas 67209–2942, for service You may review the DOT’s complete
‘‘Differences Between the AD and the
information identified in this AD. Privacy Act Statement in the Federal
Service Bulletin.’’
FOR FURTHER INFORMATION CONTACT: Register published on April 11, 2000
James P. Galstad, Aerospace Engineer, Differences Between the AD and the (65 FR 19477–78), or you may visit
Mechanical Systems and Propulsion Service Bulletin http://dms.dot.gov.
Branch, ACE–116W, FAA, Wichita Operators should note that, although
Aircraft Certification Office, 1801 Examining the Docket
the Accomplishment Instructions of the
Airport Road, Room 100, Mid-Continent referenced service bulletin describe You may examine the AD docket on
Airport, Wichita, Kansas 67209; procedures for returning the APU’s fuel the Internet at http://dms.dot.gov, or in
telephone (316) 946–4135; fax (316) shutoff valve to Learjet, this AD does person at the Docket Management
946–4107. not require that action. Facility office between 9 a.m. and 5
SUPPLEMENTARY INFORMATION: Operators should also note that, p.m., Monday through Friday, except
although the Accomplishment Federal holidays. The Docket
Discussion Management Facility office (telephone
Instructions of the referenced service
We have received a report indicating bulletin describe procedures for (800) 647–5227) is located on the plaza
that there have been 16 occurrences of submitting a compliance response form level of the Nassif Building at the DOT
fuel leaking from the fuel shutoff valve for recording compliance with the street address stated in the ADDRESSES
of the auxiliary power unit (APU), on service bulletin, this AD does not section. Comments will be available in
Model 45 airplanes in the field and on require that action. the AD docket shortly after the Docket
the production line. Epoxy was used in Management System receives them.
the valve to seal or adhere certain Interim Action
components of the valve. The epoxy was Authority for This Rulemaking
This AD is considered to be interim
found to have been improperly prepared action. The manufacturer has advised us Title 49 of the United States Code
and/or applied, which allowed fuel to that it currently is developing a specifies the FAA’s authority to issue
leak out through and/or around the modification that will address the rules on aviation safety. Subtitle I,
electrical switch and connector in the unsafe condition addressed by this AD. Section 106, describes the authority of
bottom of the valve. Some valves were Once this modification is approved, we the FAA Administrator. Subtitle VII,
also found to have internal leaks due to may consider additional rulemaking. Aviation Programs, describes in more
fuel-soaked silicone sealant that had detail the scope of the Agency’s
expanded into the electrical switch’s FAA’s Determination of the Effective authority.
location. The APU’s fuel shutoff valve Date We are issuing this rulemaking under
leaks fuel into a flammable fluid fire Since an unsafe condition exists that the authority described in Subtitle VII,
protection area that is also requires the immediate adoption of this Part A, Subpart III, Section 44701,
interconnected with the main landing AD, we have found that notice and ‘‘General requirements.’’ Under that
gear’s wheel well bay. This condition, if opportunity for public comment before section, Congress charges the FAA with
not corrected, could result in an issuing this AD are impracticable, and promoting safe flight of civil aircraft in
uncontrollable fire, which could that good cause exists to make this AD air commerce by prescribing regulations
adversely affect the airplane’s continued effective in less than 30 days. for practices, methods, and procedures
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safe flight and landing. the Administrator finds necessary for


Comments Invited safety in air commerce. This regulation
Relevant Service Information This AD is a final rule that involves is within the scope of that authority
We have reviewed Bombardier Alert requirements that affect flight safety and because it addresses an unsafe condition
Service Bulletin A45–49–11, dated was not preceded by notice and an that is likely to exist or develop on

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20718 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations

products identified in this rulemaking Unsafe Condition of this material at NARA, call 202–741–6030,
action. (d) This AD results from reports of fuel or go to: http://www.archives.gov/federal-
leaking from the APU fuel shutoff valve into register/cfr/ibr-locations.html.
Regulatory Findings a flammable fluid fire protection area that is Issued in Renton, Washington, on April 16,
We have determined that this AD will also interconnected with the main landing 2007.
not have federalism implications under gear’s wheel well bay. We are issuing this AD
Ali Bahrami,
to prevent fuel leaking from the fuel shutoff
Executive Order 13132. This AD will valve of the APU, which could result in an Manager, Transport Airplane Directorate,
not have a substantial direct effect on uncontrollable fire and adversely affect the Aircraft Certification Service.
the States, on the relationship between airplane’s continued safe flight and landing. [FR Doc. E7–7640 Filed 4–25–07; 8:45 am]
the national government and the States, BILLING CODE 4910–13–P
Compliance
or on the distribution of power and
responsibilities among the various (e) You are responsible for having the
levels of government. actions required by this AD performed within
the compliance times specified, unless the
DEPARTMENT OF TRANSPORTATION
For the reasons discussed above, I actions have already been done.
certify that the regulation: Federal Aviation Administration
1. Is not a ‘‘significant regulatory Deactivation of the APU and Removal of the
action’’ under Executive Order 12866; APU Fuel Shutoff Valve 14 CFR Part 39
2. Is not a ‘‘significant rule’’ under the (f) Within 50 flight hours after the effective
[Docket No. FAA–2006–26690 Directorate
DOT Regulatory Policies and Procedures date of this AD, deactivate the APU, cap/plug
Identifier 2006–CE–088–AD; Amendment
(44 FR 11034, February 26, 1979); and the fuel lines to the APU, and remove the
39–15032; AD 2007–09–02]
APU fuel shutoff valve, in accordance with
3. Will not have a significant the Accomplishment Instructions of RIN 2120–AA64
economic impact, positive or negative, Bombardier Alert Service Bulletin A45–49–
on a substantial number of small entities 11, dated March 26, 2007. Airworthiness Directives; REIMS
under the criteria of the Regulatory AVIATION S.A. Model F406 Airplanes
Flexibility Act. Differences From the Service Information
We prepared a regulatory evaluation (g) Although Bombardier Alert Service AGENCY: Federal Aviation
of the estimated costs to comply with Bulletin A45–49–11, dated March 26, 2007, Administration (FAA), Department of
specifies to submit certain information to the Transportation (DOT).
this AD and placed it in the AD docket.
manufacturer and send the APU fuel shutoff
See the ADDRESSES section for a location valve to Learjet, this AD does not include ACTION: Final rule.
to examine the regulatory evaluation. those requirements.
SUMMARY: We are adopting a new
List of Subjects in 14 CFR Part 39 Special Flight Permit airworthiness directive (AD) for the
Air transportation, Aircraft, Aviation (h) Special flight permits may be issued in products listed above. This AD results
safety, Incorporation by reference, accordance with sections 21.197 and 21.199 from mandatory continuing
Safety. of the Federal Aviation Regulations (14 CFR airworthiness information (MCAI)
21.197 and 21.199) to operate the airplane to issued by an aviation authority of
Adoption of the Amendment a location where the requirements of this AD another country to identify and correct
can be accomplished, provided the APU is
■ Accordingly, under the authority an unsafe condition on an aviation
not used.
delegated to me by the Administrator, product. The MCAI describes the unsafe
Alternative Methods of Compliance condition as:
the FAA amends 14 CFR part 39 as (AMOCs)
follows: During maintenance, cracks have been
(i)(1) The Manager, Wichita Aircraft discovered about the left and right rib at the
PART 39—AIRWORTHINESS Certification Office (ACO), FAA, has the connection of the center wing and the
authority to approve AMOCs for this AD, if fuselage localized at the fuselage station
DIRECTIVES
requested in accordance with the procedures FS160.80. Cracks spread in the rib could
■ 1. The authority citation for part 39 found in 14 CFR 39.19. result in structural failure.
continues to read as follows: (2) To request a different method of
compliance or a different compliance time We are issuing this AD to require
Authority: 49 U.S.C. 106(g), 40113, 44701. for this AD, follow the procedures in 14 CFR actions to correct the unsafe condition
39.19. Before using any approved AMOC on on these products.
§ 39.13 [Amended] any airplane to which the AMOC applies, DATES: This AD becomes effective May
■ 2. The Federal Aviation notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
31, 2007.
Administration (FAA) amends § 39.13 On May 31, 2007 the Director of the
Office (FSDO), or lacking a PI, your local
by adding the following new Federal Register approved the
FSDO.
airworthiness directive (AD): incorporation by reference of certain
Material Incorporated by Reference publications listed in this AD.
2007–09–03 LEARJET: Amendment 39–
15033. Docket No. FAA–2007–27980; (j) You must use Bombardier Alert Service ADDRESSES: You may examine the AD
Directorate Identifier 2007–NM–066–AD. Bulletin A45–49–11, dated March 26, 2007,
docket on the Internet at http://
to perform the actions that are required by
Effective Date this AD, unless the AD specifies otherwise. dms.dot.gov or in person at the Docket
(a) This AD becomes effective May 11, The Director of the Federal Register approved Management Facility, U.S. Department
2007. the incorporation by reference of this of Transportation, 400 Seventh Street
document in accordance with 5 U.S.C. 552(a) SW., Nassif Building, Room PL–401,
Affected ADs and 1 CFR part 51. Contact Learjet, Inc., One Washington, DC.
(b) None. Learjet Way, Wichita, Kansas 67209–2942, FOR FURTHER INFORMATION CONTACT:
for a copy of this service information. You
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Applicability may review copies at the FAA, Transport


Mike Kiesov, Aerospace Engineer, FAA,
(c) This AD applies to Learjet Model 45 Airplane Directorate, 1601 Lind Avenue, Small Airplane Directorate, 901 Locust,
airplanes, certificated in any category; serial SW., Renton, Washington; or at the National Room 301, Kansas City, Missouri 64106;
numbers 45–005 through 45–321, equipped Archives and Records Administration telephone: (816) 329–4144; fax: (816)
with an auxiliary power unit (APU). (NARA). For information on the availability 329–4090.

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