Facility Change Process Involving Items Relied on for Safety, 56413-56414 [06-8271]

Download as PDF 56413 Proposed Rules Federal Register Vol. 71, No. 187 Wednesday, September 27, 2006 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Part 70 RIN 3150–AH96 Facility Change Process Involving Items Relied on for Safety Nuclear Regulatory Commission. ACTION: Proposed rule. rwilkins on PROD1PC63 with PROPOSAL AGENCY: SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its regulations to clarify a requirement pertaining to items relied on for safety (IROFS). This rulemaking corrects an inconsistency in the regulations pertaining to IROFS. DATES: Comments on the proposed rule must be received on or before October 27, 2006. ADDRESSES: You may submit comments by any one of the following methods. Please include the following number (RIN 3150–AH96) in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available to the public in their entirety on the NRC rulemaking Web site. Personal information will not be removed from your comments. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at (301) 415–1966. You may also submit comments via the NRC’s rulemaking Web site at https://ruleforum.llnl.gov. Address questions about our rulemaking Web site to Carol Gallagher (301) 415– 5905; e-mail cag@nrc.gov. Comments can also be submitted via the Federal eRulemaking Portal https:// www.regulations.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. VerDate Aug<31>2005 16:43 Sep 26, 2006 Jkt 208001 Federal workdays. (Telephone (301) 415–1966). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at (301) 415–1101. Publicly available documents related to this rulemaking may be examined and copied for a fee at the NRC’s Public Document Room (PDR), Public File Area O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The PDR reproduction contractor will copy documents for a fee. Selected documents, including comments, can be viewed and downloaded electronically via the NRC rulemaking Web site at https://ruleforum.llnl.gov. Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/NRC/ADAMS/ index.html. From this site, the public can gain entry into the NRC’s Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1–800–397–4209, 301–415–4737 or by e-mail to pdr@nrc.gov. FOR FURTHER INFORMATION CONTACT: Dr. Anthony N. Tse, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone (301) 415–6233, e-mail, ant@nrc.gov. SUPPLEMENTARY INFORMATION: For additional information see the Direct Final Rule published in the final rules section of this Federal Register. Procedural Background Because NRC considers this action noncontroversial and routine, we are publishing this proposed rule concurrently as a direct final rule. The direct final rule will become effective on December 11, 2006. However, if the NRC receives significant adverse comments on the proposed rule by October 27, 2006, then the NRC will publish a document to withdraw the direct final rule. If the direct final rule is withdrawn, the NRC will address the comments received in response to the proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 republication, the NRC will not initiate a second comment period for this action if the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the staff to make a change (other than editorial) to the rule. List of Subjects in 10 CFR Part 70 Hazardous materials transportation, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures. For the reasons set out 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. 553; the NRC is proposing to adopt the following amendments to 10 CFR part 70. PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 1. The authority citation for part 70 continues to read as follows: Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended, (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835 as amended by Pub. L. 104–134, E:\FR\FM\27SEP1.SGM 27SEP1 56414 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Proposed Rules 110 Stat. 1321, 1321–349 (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). [Docket No. FAA–2006–25637; Directorate Identifier 2006–CE–43–AD] mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for France. We are proposing this AD to detect and replace incorrect length pilot door locking stop-fittings. This condition, if not corrected, could result in depressurization of the airplane. DATES: We must receive comments on this proposed AD by October 27, 2006. ADDRESSES: Use one of the following addresses to comment on this proposed AD: • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact EADS SOCATA, Direction des Services, 65921 Tarbes Cedex 9, France; telephone: 33 (0)5 62 41 73 00; fax: 33 (0)5 62 41 76 54; or SOCATA AIRCRAFT, INC., North Perry Airport, 7501 South Airport Rd., Pembroke Pines, FL 33023; telephone: (954) 893–1400; fax: (954) 964–4141. FOR FURTHER INFORMATION CONTACT: Gunnar Berg, Aerospace Safety Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4141; fax: (816) 329–4090. SUPPLEMENTARY INFORMATION: RIN 2120–AA64 Comments Invited Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L. 95–601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L. 93–377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.81 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.82 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). 2. In § 70.72, paragraph (c)(2) is revised to read as follows: § 70.72 Facility changes and change process. * * * * * (c) * * * (2) Does not remove, without at least an equivalent replacement of the safety function, an item relied on for safety that is listed in the integrated safety analysis summary and is necessary for compliance with the performance requirements of § 70.61; * * * * * Dated at Rockville, Maryland, this 13th day of September, 2006. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. 06–8271 Filed 9–26–06; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). rwilkins on PROD1PC63 with PROPOSAL AGENCY: SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain EADS SOCATA Model TBM 700 airplanes. This proposed AD would require you to inspect the pilot door locking stop-fittings for correct length and, if any incorrect length pilot door locking stop-fittings are found, replace them. This proposed AD results from VerDate Aug<31>2005 16:43 Sep 26, 2006 Jkt 208001 We invite you to send any written relevant data, views, or arguments regarding this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number, ‘‘FAA–2006–25637; Directorate Identifier 2006–CE–43–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// dms.dot.gov, including any personal PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 information you provide. We will also post a report summarizing each substantive verbal contact we receive concerning this proposed AD. Discussion ´ ´ The Direction generale de l’aviation civile (DGAC), which is the aviation authority for France, notified FAA that an unsafe condition may exist on certain EADS SOCATA Model TBM 700 airplanes. The DGAC reports that the pilot door adjustment procedure was improperly done, and the pilot door locking stop-fittings may be of incorrect length. This condition, if not corrected, could result in depressurization of the airplane. Relevant Service Information We have reviewed EADS SOCATA Service Bulletin SB 70–131, ATA No. 53, dated July 2005. The service information describes procedures for: • Inspecting the pilot door locking stop-fittings for correct length and • Replacing any incorrect length pilot door locking stop-fittings. Foreign Airworthiness Authority Information The DGAC classified this service bulletin as mandatory and issued French AD Number F–2005–134, dated August 03, 2005, to ensure the continued airworthiness of these airplanes in France. These EADS SOCATA Model TBM 700 airplanes are manufactured in France and are typecertificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Under this bilateral airworthiness agreement, the DGAC has kept us informed of the situation described above. FAA’s Determination and Requirements of the Proposed AD We are proposing this AD because we have examined the DGAC’s findings, evaluated all information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design that are certificated for operation in the United States. This proposed AD would require you to inspect the pilot door locking stopfittings for correct length and, if any incorrect length pilot door locking stopfittings are found, replace them. E:\FR\FM\27SEP1.SGM 27SEP1

Agencies

[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Proposed Rules]
[Pages 56413-56414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8271]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / 
Proposed Rules

[[Page 56413]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 70

RIN 3150-AH96


Facility Change Process Involving Items Relied on for Safety

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to clarify a requirement pertaining to items relied on for 
safety (IROFS). This rulemaking corrects an inconsistency in the 
regulations pertaining to IROFS.

DATES: Comments on the proposed rule must be received on or before 
October 27, 2006.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AH96) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available to the public in their entirety 
on the NRC rulemaking Web site. Personal information will not be 
removed from your comments.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: SECY@nrc.gov. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the NRC's 
rulemaking Web site at https://ruleforum.llnl.gov. Address questions 
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail 
cag@nrc.gov. Comments can also be submitted via the Federal eRulemaking 
Portal https://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
(301) 415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this rulemaking may be 
examined and copied for a fee at the NRC's Public Document Room (PDR), 
Public File Area O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland. The PDR reproduction contractor will copy 
documents for a fee. Selected documents, including comments, can be 
viewed and downloaded electronically via the NRC rulemaking Web site at 
https://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at https://www.nrc.gov/NRC/ADAMS/. From 
this site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Anthony N. Tse, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6233, e-mail, 
ant@nrc.gov.

SUPPLEMENTARY INFORMATION: For additional information see the Direct 
Final Rule published in the final rules section of this Federal 
Register.

Procedural Background

    Because NRC considers this action noncontroversial and routine, we 
are publishing this proposed rule concurrently as a direct final rule. 
The direct final rule will become effective on December 11, 2006. 
However, if the NRC receives significant adverse comments on the 
proposed rule by October 27, 2006, then the NRC will publish a document 
to withdraw the direct final rule. If the direct final rule is 
withdrawn, the NRC will address the comments received in response to 
the proposed revisions in a subsequent final rule. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period for this action if the 
direct final rule is withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the staff to make a change (other than 
editorial) to the rule.

List of Subjects in 10 CFR Part 70

    Hazardous materials transportation, Nuclear materials, Packaging 
and containers, Radiation protection, Reporting and recordkeeping 
requirements, Scientific equipment, Security measures.

    For the reasons set out 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. 553; the NRC is proposing to 
adopt the following amendments to 10 CFR part 70.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

    1. The authority citation for part 70 continues to read as follows:

    Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, (42 U.S.C. 
2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835 as amended 
by Pub. L. 104-134,

[[Page 56414]]

110 Stat. 1321, 1321-349 (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note).

    Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 
68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 
57d, Pub. L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 
and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 
U.S.C. 2234). Section 70.81 also issued under secs. 186, 187, 68 
Stat. 955 (42 U.S.C. 2236, 2237). Section 70.82 also issued under 
sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

    2. In Sec.  70.72, paragraph (c)(2) is revised to read as follows:


Sec.  70.72  Facility changes and change process.

* * * * *
    (c) * * *
    (2) Does not remove, without at least an equivalent replacement of 
the safety function, an item relied on for safety that is listed in the 
integrated safety analysis summary and is necessary for compliance with 
the performance requirements of Sec.  70.61;
* * * * *

    Dated at Rockville, Maryland, this 13th day of September, 2006.

    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 06-8271 Filed 9-26-06; 8:45 am]
BILLING CODE 7590-01-P
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