AD 00-5582

12460 Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules and Regulations without, to the maximum extent practicable, the need for additional site reviews. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will eliminate the above problems and is consistent with previous Commission actions. Further, the rule will have no adverse effect on public health and safety. The benefit of this rule to nuclear power reactor licensees is to make available a greater choice of spent fuel storage cask designs that can be used under a general license. The new cask vendors with casks to be listed in 10 CFR 72.214 benefit by having to obtain NRC certificates only once for a design that can then be used by more than one power reactor licensee. The NRC also benefits because it will need to certify a cask design only once for use by multiple licensees. Casks approved through rulemaking are to be suitable for use under a range of environmental conditions sufficiently broad to encompass multiple nuclear power plants in the United States without the need for further site-specific approval by NRC. Vendors with cask designs already listed may be adversely impacted because power reactor licensees may choose a newly listed design over an existing one. However, the NRC is required by its regulations and NWPA direction to certify and list approved casks. This rule has no significant identifiable impact or benefit on other Government agencies. Based on the above discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the final rule are commensurate with the Commission’s responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended. Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. This rule affects only the licensing and operation of nuclear power plants, independent spent fuel storage facilities, and NAC. The companies that own these plants do not fall within the scope of the definition of ‘‘small entities’’ set forth in the Regulatory Flexibility Act or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121. Backfit Analysis The NRC has determined that the backfit rule (10 CFR 50.109 or 10 CFR 72.62) does not apply to this rule because this amendment does not involve any provisions that would impose backfits as defined in the backfit rule. Therefore, a backfit analysis is not required. List of Subjects 10 CFR Part 72 Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel. 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 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE a. The authority citation for Part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86–373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 10d– 48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C. 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100–203, 101 Stat. 1330–235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100–203, 101 Stat. 1330–232, 1330–236 (42 U.S.C. 10162(b), 10168(c),(d)). Section 72.46 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). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100–203, 101 Stat. 1330–235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). b. In § 72.214, Certificate of Compliance 1025 is added to read as follows: § 72.214 List of approved spent fuel storage casks. * * * * * Certificate Number: 1025. SAR Submitted by: NAC International. SAR Title: Final Safety Analysis Report for the NAC Multi-Purpose Canister System (NAC–MPC System). Docket Number: 72–1025 Certificate Expiration Date: April 10, 2020. Model Number: NAC–MPC. Dated at Rockville, Maryland, this 24th day of February, 2000. For the Nuclear Regulatory Commission. Carl J. Paperiello, Acting Executive Director for Operations. [FR Doc. 00–5588 Filed 3–8–00; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 2000–NE–06–AD; Amendment 39–11619; AD 2000–05–10] RIN 2120–AA64 Airworthiness Directives; General Electric Company GE90–85B Series Turbofan Engines AGENCY : Federal Aviation Administration, DOT. ACTION : Final rule; request for comments. SUMMARY : This amendment adopts a new airworthiness directive (AD) that is applicable to General Electric Company GE90–85B series turbofan engines. This action requires removing from service aft mount whiffletrees prior to reaching a new cyclic life limit, and replacing with serviceable parts. This amendment is prompted by a reassessment of the low cycle fatigue capability of the engine mount system due to an increase in engine and propulsion system weight. The actions specified in this AD are intended to prevent aft mount VerDate 07<MAR>2000 16:33 Mar 08, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM pfrm01 PsN: 09MRR1

12461 Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules and Regulations whiffletree failure, which if it occurred with other critical aft mount component failures, could possibly result in an engine mount system failure, and separation of the engine from the aircraft. DATES : Effective April 7, 2000. Comments for inclusion in the Rules Docket must be received on or before May 8, 2000. ADDRESSES : Submit comments to the Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 2000–NE–06–AD, 12 New England Executive Park, Burlington, MA 01803–5299. Comments may also be sent via the Internet using the following address: ‘‘9-ane-adcomment@faa.gov’’. Comments sent via the Internet must contain the docket number in the subject line. FOR FURTHER INFORMATION CONTACT : John E. Golinski, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803– 5299; telephone 781–238–7135, fax 781–238–7199. SUPPLEMENTARY INFORMATION : General Electric Company (GE), the manufacturer of GE90–85B series turbofan engines, has recently reassessed the low cycle fatigue (LCF) capability of the engine mount system due to an increase in engine and propulsion system weight. The analysis indicates a reduction in the LCF life for aft mount whiffletree, part number (P/N) 1692M12G02. Prior to completing the assessment for the engine weight and propulsion system weight increase, there was no life limit for the aft mount whiffletree, P/N 1692M12G02, in Chapter 5, Airworthiness Limitations Section, of the Engine Manual for GE90– 85B engines because the calculated LCF life value was greater than the aircraft life. Chapter 5 has now been revised to include a new life limit for the aft mount whiffletree, P/N1692M12G02, of 18,000 cycles-since-new (CSN). An aft mount whiffletree failure, which if it occurred with other critical aft mount component failures, could possibly result in an engine mount system failure, and separation of the engine from the aircraft. New Components GE has developed improved aft mount whiffletrees that are eligible for installation on all GE90 engine models and do not have a life limit. The majority of GE90 engines in revenue service incorporate one of these improved wiffletrees. No Domestic Engines The FAA estimates that there are only 3 engines in revenue service that contain the aft mount whiffletree, P/N 1692M12G02, and that none of these are installed on aircraft of US registry. Required Actions Since an unsafe condition has been identified that is likely to exist or develop on other engines of the same type design, this AD is being issued to prevent aft mount whiffletree failure. This AD requires removing from service aft mount whiffletrees prior to accumulating 18,000 CSN, and replacing with serviceable parts. Immediate Adoption There are currently no domestic operators of this engine model with the affected component installed. Accordingly, a situation exists that allows the immediate adoption of this regulation. Notice and opportunity for prior public comment hereon are impracticable, and good cause exists for making this amendment effective in less than 30 days. Comments Invited Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted to the address specified under the caption ADDRESSES . All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter’s ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed. 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. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket Number 2000–NE–06–AD.’’ The postcard will be date stamped and returned to the commenter. Regulatory Impact The regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order (EO) No. 13132. The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a ‘‘significant regulatory action’’ under EO No. 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, pursuant to 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. Section 39.13 is amended by adding the following new airworthiness directive: 2000–05–10 General Electric Company: Amendment 39–11619. Docket 2000– NE–06–AD. Applicability: General Electric Company (GE) GE90–85B series turbofan engines, with aft mount whiffletrees, part number (P/N) 1692M12G02, installed. These engines are installed on but not limited to Boeing 777 series airplanes. VerDate 07<MAR>2000 12:18 Mar 08, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM pfrm07 PsN: 09MRR1

12462 Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules and Regulations Note 1: This airworthiness directive (AD) applies to each engine identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For engines that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it. Compliance: Required as indicated, unless accomplished previously. To prevent aft mount whiffletree failure, which if it occurred with other critical aft mount component failures, could possibly result in an engine mount system failure, and separation of the engine from the aircraft, accomplish the following: New Life Limit (a) Remove from service aft mount whiffletrees, P/N 1692M12G02, before accumulating 18,000 cycles-since-new, and replace with serviceable parts. (b) Except for the provisions of paragraph (c) of this AD, no aft mount whiffletrees, P/ N 1692M12G02, may remain in service beyond the new life limit stated in paragraph (a) of this AD. Alternative Methods of Compliance (c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Engine Certification Office (ECO). Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, ECO. Note 2: Information concerning the existence of approved alternative methods of compliance with this airworthiness directive, if any, may be obtained from the ECO. (d) This amendment becomes effective on April 7, 2000. Issued in Burlington, Massachusetts, on March 1, 2000. Diane S. Romanosky, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 00–5582 Filed 3–8–00; 8:45 am] BILLING CODE 4910–13–U DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 99–SW–76–AD; Amendment 39–11620; AD 2000–05–11] RIN 2120–AA64 Airworthiness Directives; Eurocopter France Model SA.315B, SA.316B, SA.316C, SA 318B, SA 318C, SA.319B, SE 313B, SE 3130, SE.3160, and SA 3180 Helicopters AGENCY : Federal Aviation Administration, DOT. ACTION : Final rule; request for comments. SUMMARY : This amendment adopts a new airworthiness directive (AD) that is applicable to Eurocopter France Model SA.315B, SA.316B, SA.316C, SA 318B, SA 318C, SA.319B, SE 313B, SE 3130, SE.3160, and SA 3180 helicopters that have certain tail rotor blades (blades) installed. This action requires reducing the service life of those blades to 400 hours time-in-service (TIS). This amendment is prompted by the discovery that 10 blades were manufactured incorrectly. This condition, if not corrected, could result in failure of a blade and subsequent loss of control of the helicopter. DATES : Effective March 24, 2000. Comments for inclusion in the Rules Docket must be received on or before May 8, 2000. ADDRESSES : Submit comments in triplicate to the Federal Aviation Administration (FAA), Office of the Regional Counsel, Southwest Region, Attention: Rules Docket No. 99–SW–76– AD, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137. FOR FURTHER INFORMATION CONTACT : Richard Monschke, Aerospace Engineer, FAA, Rotorcraft Directorate, ASW–111, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222–5116, fax (817) 222–5961. SUPPLEMENTARY INFORMATION : The Direction Generale De L’Aviation Civile (DGAC), which is the airworthiness authority for France, notified the FAA that an unsafe condition may exist on Eurocopter France Model SA.315B, SA.316B, SA.316C, SA 318B, SA 318C, SA.319B, SE 313B, SE 3130, SE.3160, and SA 3180 helicopters. The DGAC advises that the service life must be reduced on the blades due to the discovery of a non-compliance of blade cuff-stems (blade to hub attachment) metallurgical structure affecting the service life. These helicopter models are manufactured in France and are type certificated 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. Pursuant to this bilateral airworthiness agreement, the DGAC has kept the FAA informed of the situation described above. The FAA has examined the findings of the DGAC, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. Since an unsafe condition has been identified that is likely to exist or develop on other Eurocopter France Model SA.315B, SA.316B, SA.316C, SA 318B, SA 318C, SA.319B, SE 313B, SE 3130, SE.3160, and SA 3180 helicopters of the same type designs registered in the United States, this AD is being issued to prevent failure of a blade and subsequent loss of control of the helicopter. This AD requires reducing the service life of certain serial- numbered blades, part number 3160S34.11.000.00, to 400 hours TIS. The short compliance time involved is required because the previously described critical unsafe condition can adversely affect the controllability of the helicopter. Therefore, retiring the blades from use upon reaching 400 hours TIS is required prior to further flight and this AD must be issued immediately. None of the Model SA.315B, SA.316B, SA.316C, SA 318B, SA 318C, SA.319B, SE 313B, SE 3130, SE.3160, and SA 3180 helicopters affected by this action are on the U.S. Register. All helicopters included in the applicability of this rule are operated by non-U.S. operators under foreign registry; therefore, they are not directly affected by this AD action. However, the FAA considers that this rule is necessary to ensure that the unsafe condition is addressed in the event that any of these subject helicopters are imported and placed on the U.S. Register in the future. Should an affected helicopter be imported and placed on the U.S. Register in the future, it would require only a few minutes to note the changed retirement life in the maintenance manual, therefore the cost impact is negligible. Since this AD action does not affect any helicopter that is currently on the U.S. Register, it has no adverse economic impact and imposes no additional burden on any person. Therefore, notice and public procedures hereon are unnecessary and the amendment may be made effective in VerDate 07<MAR>2000 12:18 Mar 08, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\09MRR1.SGM pfrm07 PsN: 09MRR1