forth in the Regulatory Flexibility Act or 10153, 10155, 10157, 10161, 10168); sec. ACTION: Final rule.
the Small Business Size Standards set 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
out in regulations issued by the Small SUMMARY: The FAA is adopting a new
Section 72.44(g) also issued under secs.
Business Administration at 13 CFR part 142(b) and 148(c), (d), Pub. L. 100–203, 101 airworthiness directive (AD) for certain
121. Stat. 1330–232, 1330–236 (42 U.S.C. BAE Systems (Operations) Limited
10162(b), 10168(c),(d)). Section 72.46 also Model BAe 146 airplanes. This AD
Backfit Analysis issued under sec. 189, 68 Stat. 955 (42 U.S.C. requires repetitive inspections for cracks
The NRC has determined that the 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 of the fuselage pressure skin above the
backfit rule (10 CFR 50.109 or 10 CFR (42 U.S.C. 10154). Section 72.96(d) also left and right main landing gear (MLG)
72.62) does not apply to this direct final issued under sec. 145(g), Pub. L. 100–203, bay. This AD also requires corrective
101 Stat. 1330–235 (42 U.S.C. 10165(g)). action, including related investigative
rule because this amendment does not Subpart J also issued under secs. 2(2), 2(15),
involve any provisions that would actions, if leaks are found. This AD is
2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.
impose backfits as defined. Therefore, a 2202, 2203, 2204, 2222, 2244 (42 U.S.C. prompted by reports of cracks in the
backfit analysis is not required. 10101, 10137(a), 10161(h)). Subparts K and L fuselage pressure skin above the left and
are also issued under sec. 133, 98 Stat. 2230 right MLG bay. We are issuing this AD
Small Business Regulatory Enforcement (42 U.S.C. 10153) and sec. 218(a), 96 Stat. to detect and correct fatigue cracking in
Fairness Act 2252 (42 U.S.C. 10198). the fuselage pressure skin above the left
In accordance with the Small and right MLG bay; such fatigue
Business Regulatory Enforcement ■ 2. In § 72.214, Certificate of cracking could adversely affect the
Fairness Act of 1996, the NRC has Compliance 1014 is revised to read as structural integrity of the fuselage and
determined that this action is not a follows: its ability to maintain pressure
major rule and has verified this § 72.214 List of approved spent fuel differential.
determination with the Office of storage casks. DATES: This AD becomes effective July
Information and Regulatory Affairs, * * * * * 12, 2005.
Office of Management and Budget. Certificate Number: 1014. The incorporation by reference of a
List of Subjects in 10 CFR Part 72 Initial Certificate Effective Date: June certain publication listed in the AD is
1, 2000. approved by the Director of the Federal
Administrative practice and
Amendment Number 1 Effective Date: Register as of July 12, 2005.
procedure, Criminal penalties,
July 15, 2002. ADDRESSES: For service information
Manpower training programs, Nuclear
Amendment Number 2 Effective Date: identified in this AD, contact British
materials, Occupational safety and
June 7, 2005. Aerospace Regional Aircraft American
health, Penalties, Radiation protection,
SAR Submitted by: Holtec Support, 13850 Mclearen Road,
Reporting and recordkeeping
International. Herndon, Virginia 20171.
requirements, Security measures, Spent
SAR Title: Final Safety Analysis Docket: The AD docket contains the
fuel, Whistleblowing.
Report for the HI–STORM 100 Cask proposed AD, comments, and any final
■ For the reasons set out in the preamble
System. disposition. You can examine the AD
and under the authority of the Atomic Docket Number: 72–1014. docket on the Internet at http://
Energy Act of 1954, as amended; the Certificate Expiration Date: June 1, dms.dot.gov, or in person at the Docket
Energy Reorganization Act of 1974, as 2020 Management Facility office between
amended; and 5 U.S.C. 552 and 553; the Model Number: HI–STORM 100 9 a.m. and 5 p.m., Monday through
NRC is adopting the following Friday, except Federal holidays. The
amendments to 10 CFR Part 72. * * * * *
Docket Management Facility office
Dated at Rockville, Maryland, this 25th day
PART 72—LICENSING of May, 2005. (telephone (800) 647–5227) is located on
REQUIREMENTS FOR THE the plaza level of the Nassif Building at
For the Nuclear Regulatory Commission.
INDEPENDENT STORAGE OF SPENT the U.S. Department of Transportation,
Luis A. Reyes,
NUCLEAR FUEL, HIGH-LEVEL 400 Seventh Street SW., room PL–401,
Executive Director for Operations. Washington, DC. This docket number is
RADIOACTIVE WASTE, AND [FR Doc. 05–11216 Filed 6–6–05; 8:45 am]
REACTOR-RELATED GREATER THAN FAA–2005–20724; the directorate
CLASS C WASTE
BILLING CODE 7590–01–P identifier for this docket is 2004–NM–
233–AD.
■ 1. The authority citation for part 72 FOR FURTHER INFORMATION CONTACT:
continues to read as follows: DEPARTMENT OF TRANSPORTATION Todd Thompson, Aerospace Engineer,
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, International Branch, ANM–116, FAA,
81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. Federal Aviation Administration Transport Airplane Directorate, 1601
929, 930, 932, 933, 934, 935, 948, 953, 954, Lind Avenue, SW., Renton, Washington
955, as amended, sec. 234, 83 Stat. 444, as 14 CFR Part 39 98055–4056; telephone (425) 227–1175;
amended (42 U.S.C. 2071, 2073, 2077, 2092,
[Docket No. FAA–2005–20724; Directorate fax (425) 227–1149.
2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. Identifier 2004–NM–233–AD; Amendment SUPPLEMENTARY INFORMATION: The FAA
L. 86–373, 73 Stat. 688, as amended (42 39–14115; AD 2005–11–13] proposed to amend 14 CFR part 39 with
U.S.C. 2021); sec. 201, as amended, 202, 206, an AD for certain BAE Systems
88 Stat. 1242, as amended, 1244, 1246 (42 RIN 2120–AA64 (Operations) Limited Model BAe 146
U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. airplanes. That action, published in the
10, 92 Stat. 2951 as amended by Pub. L. 102– Airworthiness Directives; BAE
Systems (Operations) Limited Model Federal Register on March 30, 2005 (70
486, sec. 7902, 106 Stat. 3123 (42 U.S.C.
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 BAe 146 Airplanes FR 16173), proposed to require
(42 U.S.C. 4332); secs. 131, 132, 133, 135, repetitive inspections for cracks of the
137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, AGENCY: Federal Aviation fuselage pressure skin above the left and
2232, 2241, sec. 148, Pub. L. 100–203, 101 Administration (FAA), Department of right main landing gear (MLG) bay. The
Stat. 1330–235 (42 U.S.C. 10151, 10152, Transportation (DOT). action also proposed AD to require
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Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Rules and Regulations 32983
corrective action, including related Explanation of Change to Applicability adopting the AD with the change
investigative actions, if leaks are found. We have revised the applicability of described previously. We have
the proposed AD to identify model determined that this change will neither
Comments increase the economic burden on any
designations as published in the most
We provided the public the recent type certificate data sheet for the operator nor increase the scope of the
opportunity to participate in the affected model. AD.
development of this AD. No comments Conclusion Costs of Compliance
have been submitted on the proposed
AD or on the determination of the cost We have carefully reviewed the The following table provides the
to the public. available data and determined that air estimated costs for U.S. operators to
safety and the public interest require comply with this AD.
ESTIMATED COSTS
Number of
Average labor Cost per
Action Work hours Parts U.S.-registered Fleet cost
rate per hour airplane airplanes
Inspection, per inspection cycle ... 7 $65 $0 $455 18 $8,190, per inspection
cycle.
Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under 14115. Docket No. FAA–2005–20724;
DOT Regulatory Policies and Procedures Directorate Identifier 2004–NM–233–AD.
Title 49 of the United States Code
specifies the FAA’s authority to issue (44 FR 11034, February 26, 1979); and Effective Date
rules on aviation safety. Subtitle I, (3) Will not have a significant
(a) This AD becomes effective July 12,
section 106, describes the authority of economic impact, positive or negative, 2005.
the FAA Administrator. Subtitle VII, on a substantial number of small entities
under the criteria of the Regulatory Affected ADs
Aviation Programs, describes in more
detail the scope of the Agency’s Flexibility Act. (b) None.
authority. We prepared a regulatory evaluation
Applicability
We are issuing this rulemaking under of the estimated costs to comply with
this AD. See the ADDRESSES section for (c) This AD applies to BAE Systems
the authority described in Subtitle VII, (Operations) Limited Model BAe 146–100A,
part A, subpart III, section 44701, a location to examine the regulatory
–200A, and –300A series airplanes,
‘‘General requirements.’’ Under that evaluation.
certificated in any category; except those on
section, Congress charges the FAA with List of Subjects in 14 CFR Part 39 which BAe Modification HCM00972A or
promoting safe flight of civil aircraft in HCM00972C has been accomplished.
air commerce by prescribing regulations Air transportation, Aircraft, Aviation
safety, Incorporation by reference, Unsafe Condition
for practices, methods, and procedures
the Administrator finds necessary for Safety. (d) This AD was prompted by reports of
safety in air commerce. This regulation cracks in the fuselage pressure skin above the
Adoption of the Amendment left and right main landing gear (MLG) bay.
is within the scope of that authority
■ Accordingly, under the authority We are issuing this AD to detect and correct
because it addresses an unsafe condition
delegated to me by the Administrator, fatigue cracking in the fuselage pressure skin
that is likely to exist or develop on above the left and right MLG bay; such
products identified in this rulemaking the FAA amends 14 CFR part 39 as
fatigue cracking could adversely affect the
action. follows: structural integrity of the fuselage and its
Regulatory Findings ability to maintain pressure differential.
PART 39—AIRWORTHINESS
We have determined that this AD will DIRECTIVES Compliance
not have federalism implications under (e) You are responsible for having the
■ 1. The authority citation for part 39
Executive Order 13132. This AD will actions required by this AD performed within
continues to read as follows: the compliance times specified, unless the
not have a substantial direct effect on
the States, on the relationship between Authority: 49 U.S.C. 106(g), 40113, 44701. actions have already been done.
the national government and the States, § 39.13 [Amended] Initial and Repetitive Inspections
or on the distribution of power and (f) At the times specified in Table 1 of this
responsibilities among the various ■ 2. The FAA amends § 39.13 by adding
AD, inspect the fuselage pressure skin above
levels of government. the following new airworthiness
the left and right MLG bay for cracks in
For the reasons discussed above, I directive (AD): accordance with the Accomplishment
certify that this AD: 2005–11–13 BAE Systems (Operations) Instructions of BAE Systems (Operations)
(1) Is not a ‘‘significant regulatory Limited (Formerly British Aerospace Limited Inspection Service Bulletin 53–170,
action’’ under Executive Order 12866; Regional Aircraft): Amendment 39– dated August 8, 2003.
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32984 Federal Register / Vol. 70, No. 108 / Tuesday, June 7, 2005 / Rules and Regulations
On which neither BAe modification Prior to the accumulation of 15,000 total flight At intervals not to exceed 1,000 flight cycles.
HCM00744M nor HCM00850A has been ac- cycles or within 500 flight cycles after the
complished. effective date of this AD, whichever occurs
later.
On which either BAe modification HCM00744M Prior to the accumulation of 15,000 total flight At intervals not to exceed 3,000 flight cycles.
or HCM00850A has been accomplished. cycles or within 1,000 flight cycles after the
On which both BAe modifications HCM00744M effective date of this AD, whichever occurs
and HCM00850A have been accomplished. later.
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