58820 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

4240 of Appendix VII of Section XI in 

place of the 8 hours of annual hands-on 

training provided that the supplemental 

practice is performed on material or 

welds that contain cracks, or by 

analyzing prerecorded data from 

material or welds that contain cracks. In 

either case, training must be completed 

no earlier than 6 months prior to 

performing ultrasonic examinations at a 

licensee’s facility. 

(xv) Appendix VIII specimen set and 

qualification requirements. The 

following provisions may be used to 

modify implementation of Appendix 

VIII of Section XI, 1995 Edition through 

the 2001 Edition. Licensees choosing to 

apply these provisions shall apply all of 

the following provisions under this 

paragraph except for those in 

§ 50.55a(b)(2)(xv)(F) which are optional.

* * * * *

(C) * * *

(1) A depth sizing requirement of 0.15 

inch RMS must be used in lieu of the 

requirements in Subparagraphs 3.2(a) 

and 3.2(c), and a length sizing 

requirement of 0.75 inch RMS must be 

used in lieu of the requirement in 

Subparagraph 3.2(b).

* * * * *

(J) [Reserved]

* * * * *

(xvii) Reconciliation of Quality 

Requirements. When purchasing 

replacement items, in addition to the 

reconciliation provisions of IWA–4200, 

1995 Addenda through 1998 Edition, 

the replacement items must be 

purchased, to the extent necessary, in 

accordance with the licensee’s quality 

assurance program description required 

by 10 CFR 50.34(b)(6)(ii).

* * * * *

(xx) System leakage tests. When 

performing system leakage tests in 

accordance IWA–5213(a), 1997 through 

2002 Addenda, a 10-minute hold time 

after attaining test pressure is required 

for Class 2 and Class 3 components that 

are not in use during normal operating 

conditions, and no hold time is required 

for the remaining Class 2 and Class 3 

components provided that the system 

has been in operation for at least 4 hours 

for insulated components or 10 minutes 

for uninsulated components.

(xxii) Surface Examination. The use 

of the provision in IWA–2220, ‘‘Surface 

Examination,’’ of Section XI, 2001 

Edition through the latest edition and 

addenda incorporated by reference in 

paragraph (b)(2) of this section, that 

allow use of an ultrasonic examination 

method is prohibited. 

(xxiii) Evaluation of Thermally Cut 

Surfaces. The use of the provisions for 

eliminating mechanical processing of 

thermally cut surfaces in IWA–4461.4.2 

of Section XI, 2001 Edition through the 

latest edition and addenda incorporated 

by reference in paragraph (b)(2) of this 

section are prohibited. 

(xxiv) Incorporation of the 

Performance Demonstration Initiative 

and Addition of Ultrasonic Examination 

Criteria. The use of Appendix VIII and 

the supplements to Appendix VIII and 

Article I–3000 of Section XI of the 

ASME BPV Code, 2002 Addenda 

through the latest edition and addenda 

incorporated by reference in paragraph 

(b)(2) of this section, is prohibited. 

(xxv) Mitigation of Defects by 

Modification. The use of the provisions 

in IWA–4340, ‘‘Mitigation of Defects by 

Modification,’’ Section XI, 2001 Edition 

through the latest edition and addenda 

incorporated by reference in paragraph 

(b)(2) of this section are prohibited. 

(xxvi) Pressure Testing Class 1, 2, and 

3 Mechanical Joints. The repair and 

replacement activity provisions in IWA–

4540(c) of the 1998 Edition of Section XI 

for pressure testing Class 1, 2, and 3 

mechanical joints must be applied when 

using the 2001 Edition through the 

latest edition and addenda incorporated 

by reference in paragraph (b)(2) of this 

section. 

(xxvii) Removal of Insulation. When 

performing visual examinations in 

accordance with IWA–5242 of Section 

XI, 2003 Addenda through the latest 

edition and addenda incorporated by 

reference in paragraph (b)(2) of the 

section, insulation must be removed 

from 17–4 PH or 410 stainless steel 

studs or bolts aged at a temperature 

below 1100 °F or having a Rockwell 

Method C hardness value above 30, and 

from A–286 stainless steel studs or bolts 

preloaded to 100,000 pounds per square 

inch or higher. 

(3) As used in this section, references 

to the OM Code refer to the ASME Code 

for Operation and Maintenance of 

Nuclear Power Plants, and include the 

1995 Edition through the 2003 Addenda 

subject to the following limitations and 

modifications: 

(i) Quality Assurance. When applying 

editions and addenda of the OM Code, 

the requirements of NQA–1, ‘‘Quality 

Assurance Requirements for Nuclear 

Facilities,’’ 1979 Addenda, are 

acceptable as permitted by ISTA 1.4 of 

the 1995 Edition through 1997 Addenda 

or ISTA–1500 of the 1998 Edition 

through the latest edition and addenda 

incorporated by reference in paragraph 

(b)(3) of this section, provided the 

licensee uses its 10 CFR Part 50, 

Appendix B, quality assurance program 

in conjunction with the OM Code 

requirements. Commitments contained 

in the licensee’s quality assurance 

program description that are more 

stringent than those contained in NQA–

1 govern OM Code activities. If NQA–

1 and the OM Code do not address the 

commitments contained in the 

licensee’s Appendix B quality assurance 

program description, the commitments 

must be applied to OM Code activities.

* * * * *

(iii) [Reserved] 

(iv) Appendix II. Licensees applying 

Appendix II, ‘‘Check Valve Condition 

Monitoring Program,’’ of the OM Code, 

1995 Edition with the 1996 and 1997 

Addenda, shall satisfy the requirements 

of (b)(3)(iv)(A), (b)(3)(iv)(B), and 

(b)(3)(iv)(C) of this section. Licensees 

applying Appendix II, 1998 Edition 

through the 2002 Addenda, shall satisfy 

the requirements of (b)(3)(iv)(A), 

(b)(3)(iv)(B), and (b)(3)(iv)(D) of this 

section.

* * * * *

Footnotes to § 50.55a:

* * * * * 10Supplemental inservice inspection 

requirements for reactor vessel pressure 

heads have been imposed by Order EA–03–

09 issued to licensees of pressurized water 

reactors. The NRC expects to develop revised 

supplemental inspection requirements, based 

in part upon a review of the initial 

implementation of the order, and will 

determine the need for incorporating the 

revised inspection requirements into 10 CFR 

50.55a by rulemaking.

Dated at Rockville, Maryland this 14th day 

of September, 2004.

For the U.S. Nuclear Regulatory 

Commission. 

Luis A. Reyes, 

Executive Director for Operations.

[FR Doc. 04–21561 Filed 9–30–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

RIN 3150–AH53 

Criminal History Check: Assessment 

of Application Fee

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to reflect an administrative 

change in the method of calculating the 

agency’s application fee for criminal 

history checks requested by licensees. 

The amendment establishes the 

application fee amount as the sum of the 

user fee charged by the Federal Bureau 

of Investigation (FBI) for performing 

Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 58821

criminal history checks on fingerprint 

records and an NRC handling charge 

assessed to ensure full recovery of 

NRC’s administrative costs related to 

fingerprint record processing. The 

resulting increase in the fee is quite 

small ($3.00). The amendment also 

provides for the NRC to publish its 

current criminal history check fee on 

the NRC public Web site. The NRC will 

continue to notify licensees directly (by 

e-mail) whenever the application fee is 

adjusted.

EFFECTIVE DATE: October 1, 2004.

ADDRESSES: Publicly available 

documents related to this rulemaking 

may be viewed on public computers in 

the NRC’s Public Document Room 

(PDR), located at One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland, Room O–1 F21. The PDR 

reproduction contractor will make 

copies of documents for a fee. Selected 

documents can be viewed and 

downloaded electronically via the 

NRC’s rulemaking Web site at http://

ruleforum.llnl.gov.

Publicly available documents created 

or received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/

NRC/reading-rm/adams.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 PDR 

Reference staff at 1–800–397–4209, 301–

415–4737 or by e-mail to PDR@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Smith, Security Branch, 

Division of Facilities and Security, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415–

7739, e-mail pas5@nrc.gov.

SUPPLEMENTARY INFORMATION: NRC 

licensees authorized to operate nuclear 

power reactors under 10 CFR part 50 

must ensure that any individual granted 

access to Safeguards Information or 

unescorted access to the nuclear power 

facility has passed a criminal history 

check performed by the FBI. 10 CFR 

part 73, which implements Section 149 

of the Atomic Energy Act of 1954, as 

amended, requires licensees to submit a 

fingerprint record for any such 

individual to the NRC, which forwards 

that record to the FBI for analysis. Based 

on criminal history information 

received from the FBI, the licensee must 

determine whether to grant or to deny 

the individual unescorted access to the 

facility or access to Safeguards 

Information. 

10 CFR 73.57(d) details how licensees 

are to submit fingerprint records and 

requires that each application for a 

criminal history check be accompanied 

by payment of the application fee. 

Section 149 of the Atomic Energy Act 

requires that the costs of these NRC 

record checks shall be paid by the 

licensee or licensee applicant. In the 

past, the application fee was equal to 

the amount charged NRC by the FBI for 

checking fingerprint records submitted 

on behalf of licensees. This FBI user fee, 

currently $24.00, includes a $2.00 

handling fee retained by the NRC to 

offset administrative costs associated 

with the processing of licensee 

submissions. However, a recent audit of 

the NRC’s criminal history check 

program found that the actual cost to the 

NRC of processing each fingerprint 

check application is more than twice the 

$2.00 agency handling charge included 

in the FBI user fee. As a result, the NRC 

has not been recovering the full cost of 

the criminal history program from those 

licensees using the service. 

In order to recover full program costs 

from licensee users, the NRC is 

increasing the amount of the criminal 

history check application fee by $3.00, 

to $27.00 per fingerprint record 

submitted. The higher amount will close 

the gap between the current handling 

charge and the NRC’s actual 

administrative costs related to 

processing of licensee applications. This 

final rule amends § 73.57(d)(3) to 

specify that the application fee for 

criminal history checks is the sum of the 

FBI user fee and the supplemental NRC 

processing charge required to fully 

cover internal administrative costs 

connected with the program. 

The dollar amount of the application 

fee was removed from § 73.57(d)(3) by a 

final rule published on January 6, 1994 

(59 FR 661). This was done to allow the 

NRC to adjust the application fee as 

necessary to ensure cost recovery 

without undertaking a burdensome 

rulemaking to effect a minor fee change. 

The 1994 final rule also provided that 

the NRC would publish notice of any 

future cost adjustments in the Federal 

Register. This final rule changes the 

procedure for notifying NRC licensees of 

fee adjustments. The amendment 

requires the NRC to post the amount of 

the current application fee on the 

Criminal History Program web page, 

accessible from the NRC’s Electronic 

Submittals page at http://www.nrc.gov/

site-help/eie.html. The NRC will 

continue its current practice of directly 

informing affected licensees of any fee 

changes. Licensees will be notified of 

future fee adjustments via e-mail. 

Administrative Procedure Act 

The NRC finds for good cause that the 

notice and comment provisions of the 

Administrative Procedure Act do not 

apply under 5 U.S.C. 553(b)(A). 

Congress has mandated that the NRC 

recover its full administrative costs in 

implementing Section 149 of the Atomic 

Energy Act of 1954, as amended, and 

the fee increase established here is quite 

small. Therefore, notice and public 

comment would be unnecessary and 

contrary to the public interest. The final 

rule is effective upon publication in the 

Federal Register. Good cause exists to 

dispense with the usual 30-day delay in 

the effective date because the 

amendment is of a minor and 

administrative nature. 

Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Pub. L. 

104–113, requires agencies to use 

technical standards developed or 

adopted by voluntary consensus 

standards bodies unless the use of such 

a standard is inconsistent with 

applicable law or is otherwise 

impractical. This final rule changes the 

way in which the NRC’s fingerprint 

check application fee is assessed, 

enabling the agency to recover the full 

administrative cost of the criminal 

history program from licensee users. 

The rule also establishes a new 

mechanism for informing licensees of 

any future fee adjustments. This action 

is administrative in nature and does not 

involve the establishment or application 

of a technical standard containing 

generally applicable requirements. 

Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in categorical exclusion 10 CFR 51.22(c) 

because the rule is of a minor or nonpolicy nature. Therefore, neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this final rule. Because of 

the nature of the rule, this action does 

not raise environmental justice 

concerns. 

Paperwork Reduction Act Statement 

This 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 under approval number 

3150–0002. 

58822 Federal Register / Vol. 69, No. 190 / Friday, October 1, 2004 / Rules and Regulations 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number.

Regulatory Analysis 

A regulatory analysis has not been 

prepared for this rulemaking. This final 

rule makes an administrative change in 

the method of calculating the NRC’s 

application fee for criminal history 

checks requested by licensees. The 

amendment is required to ensure that 

the NRC recovers the full cost of the 

criminal history program from licensees 

using the service. Because this rule 

implements the Section 149 

requirement that the cost of the criminal 

history check be paid by the licensee or 

applicant, a regulatory analysis is 

unnecessary. 

Backfit Analysis 

The NRC has determined that the 

backfit rule does not apply to this final 

rule and a backfit analysis is not 

required because this amendment does 

not involve any provisions that would 

impose backfits as defined in 10 CFR 

Chapter I. 

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 of 

OMB.

List of Subjects in 10 CFR Part 73 

Criminal penalties, Export, Hazardous 

materials transportation, Import, 

Nuclear materials, Nuclear power plants 

and reactors, Reporting and 

recordkeeping requirements, Security 

measures.

■ 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 part 73.

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: Secs. 53, 161, 68 Stat. 930, 948, 

as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 

2073, 2167, 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).

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).

■ 2. In § 73.57, paragraph (d)(3) is 

revised to read as follows:

§ 73.57 Requirements for criminal history 

checks of individuals granted unescorted 

access to a nuclear power facility or access 

to Safeguards Information by power reactor 

licensees.

* * * * *

(d) * * * 

(3) (i) Fees for the processing of 

fingerprint checks are due upon 

application. Licensees shall submit 

payment with the application for the 

processing of fingerprints through 

corporate check, certified check, 

cashier’s check, money order, or 

electronic payment, made payable to 

‘‘U.S. NRC.’’ (For guidance on making 

electronic payments, contact the 

Security Branch, Division of Facilities 

and Security, at (301) 415–7404). 

Combined payment for multiple 

applications is acceptable. 

(ii) The application fee is the sum of 

the user fee charged by the FBI for each 

fingerprint card or other fingerprint 

record submitted by the NRC on behalf 

of a nuclear power plant licensee, and 

an administrative processing fee 

assessed by the NRC. The NRC 

processing fee covers administrative 

costs associated with NRC handling of 

licensee fingerprint submissions. The 

Commission publishes the amount of 

the fingerprint check application fee on 

the NRC public Web site. (To find the 

current fee amount, go to the Electronic 

Submittals page at http://www.nrc.gov/

site-help/eie.html and select the link for 

the Criminal History Program.) The 

Commission will directly notify 

licensees who are subject to this 

regulation of any fee changes.

* * * * *

Dated at Rockville, Maryland, this 20th day 

of September, 2004.

For the Nuclear Regulatory Commission. 

Martin J. Virgilio, 

Acting Executive Director for Operations.

[FR Doc. 04–21766 Filed 9–30–04; 8:45 am] 

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE212, Special Condition 23–

151–SC] 

Special Conditions; ARINC, Inc.; 

Raytheon Models 200, 300, and B300; 

Protection of Systems for High 

Intensity Radiated Fields (HIRF)

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued to ARINC, Inc.; 1632 S. Murray 

Boulevard; Colorado Springs, CO 80916 

for a Supplemental Type Certificate for 

the Raytheon Model King Air 200, 300 

and B300 airplanes. These airplanes 

will have novel and unusual design 

features when compared to the state of 

technology envisaged in the applicable 

airworthiness standards. The novel and 

unusual design features include the 

installation of a Digital Air Data 

Computer on the copilot side. The 

Digital Air Data Computer will be either 

an IS&S ADDU (Air Data Display Unit) 

or a Thommen AD32 Air Data Display 

for which the applicable regulations do 

not contain adequate or appropriate 

airworthiness standards for the 

protection of these systems from the 

effects of high intensity radiated fields 

(HIRF). These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to the airworthiness 

standards applicable to these airplanes.

DATES: The effective date of these 

special conditions is September 20, 

2004. Comments must be received on or 

before November 1, 2004.

ADDRESSES: Comments may be mailed 

in duplicate to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attention: Rules Docket Clerk, 

Docket No. CE212, Room 506, 901 

Locust, Kansas City, Missouri 64106. All 

comments must be marked: Docket No. 

CE212. Comments may be inspected in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m.

FOR FURTHER INFORMATION CONTACT: Wes 

Ryan, Aerospace Engineer, Standards 

Office (ACE–110), Small Airplane 

Directorate, Aircraft Certification 

Service, Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4127.