16620 Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Proposed Rules 

II. Procedural Background 

This rule is limited to the changes 

contained in Amendment No. 3 to CoC 

No. 1031 and does not include other 

aspects of the MAGNASTOR® Cask 

System design. Because the NRC 

considers this action noncontroversial 

and routine, the NRC is publishing this 

proposed rule concurrently with a direct 

final rule in the Rules and Regulations 

section of this issue of the Federal 

Register. Adequate protection of public 

health and safety continues to be 

ensured. The direct final rule will 

become effective on June 3, 2013. 

However, if the NRC receives significant 

adverse comments on this proposed rule 

by April 17, 2013, then the NRC will 

publish a document that withdraws the 

direct final rule. If the direct final rule 

is withdrawn, the NRC will address the 

comments received in response to these 

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 on this action 

in the event 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withdrawn.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 NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or TS. 

For additional procedural information 

and the regulatory analysis, see the 

direct final rule published in the Rules 

and Regulations section of this issue of 

the Federal Register. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Manpower training programs, Nuclear 

materials, Occupational safety and 

health, Penalties, Radiation protection, 

Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

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; the Nuclear Waste Policy 

Act of 1982, 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, HIGH–LEVEL 

RADIOACTIVE WASTE AND 

REACTOR–RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for Part 72 

continues to read as follows: 

Authority: Atomic Energy Act secs. 51, 53, 

57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 

187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 

2077, 2092, 2093, 2095, 2099, 2111, 2201, 

2232, 2233, 2234, 2236, 2237, 2238, 2273, 

2282, 2021); Energy Reorganization Act sec. 

201, 202, 206, 211 (42 U.S.C. 5841, 5842, 

5846, 5851); National Environmental Policy 

Act sec. 102 (42 U.S.C. 4332); Nuclear Waste 

Policy Act secs. 131, 132, 133, 135, 137, 141 

148 (42 U.S.C. 10151, 10152, 10153, 10155, 

10157, 10161, 10168); sec. 1704, 112 Stat. 

2750 (44 U.S.C. 3504 note); Energy Policy Act 

of 2005, Pub. L. No. 109–58, 119 Stat. 549 

(2005). 

Section 72.44(g) also issued under secs. 

Nuclear Waste Policy Act 142(b) and 148(c), 

(d) (42 U.S.C. 10162(b), 10168(c), (d)). 

Section 72.46 also issued under Atomic 

Energy Act sec. 189 (42 U.S.C. 2239); Nuclear 

Waste Policy Act sec. 134 (42 U.S.C. 10154). 

Section 72.96(d) also issued under Nuclear 

Waste Policy Act sec. 145(g) (42 U.S.C. 

10165(g)). Subpart J also issued under 

Nuclear Waste Policy Act secs. 117(a), 141(h) 

(42 U.S.C. 10137(a), 10161(h)). Subpart K is 

also issued under sec. 218(a) (42 U.S.C. 

10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1031 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1031. 

Initial Certificate Effective Date: 

February 4, 2009. 

Amendment Number 1 Effective Date: 

August 30, 2010. 

Amendment Number 2 Effective Date: 

January 30, 2012. 

Amendment Number 3 Effective Date: 

June 3, 2013. 

SAR Submitted by: NAC 

International, Inc. 

SAR Title: Final Safety Analysis 

Report for the MAGNASTOR® System. 

Docket Number: 72–1031. 

Certificate Expiration Date: February 

4, 2024. 

Model Number: MAGNASTOR®. 

* * * * * 

Dated at Rockville, Maryland, this 2nd day 

of March 2013. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2013–06016 Filed 3–15–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0072; Directorate 

Identifier 2013–NE–04–AD] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Division Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all Pratt 

& Whitney Division (PW) turbofan 

engine models PW4074, PW4074D, 

PW4077, PW4077D, PW4084D, 

PW4090, and PW4090–3 with a certain 

2nd-stage high-pressure turbine (HPT) 

air seal part number (P/N) installed. 

This proposed AD was prompted by 

discovery of cracks in the 2nd-stage 

HPT air seals. This proposed AD would 

require, for those air seals that meet 

certain cycles since new (CSN) criteria, 

inspection and removal from service of 

HPT air seals that fail inspection. We 

are proposing this AD to prevent failure 

of the 2nd-stage HPT air seal, which 

could lead to an uncontained engine 

failure and damage to the airplane. 

DATES: We must receive comments on 

this proposed AD by May 17, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 


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Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Proposed Rules 16621 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this AD, contact Pratt & Whitney, 400 

Main St., East Hartford, CT 06108; 

phone: 860–565–8770; fax: 860–565– 

4503. You may view this service 

information at the FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Ian 

Dargin, Aerospace Engineer, Engine & 

Propeller Directorate, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; phone: 781–238–7178; fax: 781– 

238–7199; email: ian.dargin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2013–0072; Directorate Identifier 2013– 

NE–04–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We propose to adopt a new AD for all 

PW turbofan engine models PW4074, 

PW4074D, PW4077, PW4077D, 

PW4084D, PW4090, and PW4090–3 

with 2nd-stage HPT air seal, P/N 

54L041, installed. This proposed AD 

was prompted by cracks in 2nd-stage 

HPT air seals discovered during 

fluorescent-penetrant inspection (FPI). 

This proposed AD would require, for 

HPT air seals that meet certain CSN 

criteria, either on-wing eddy current 

inspection (ECI) or in-shop FPI, and 

removal from service of any HPT air seal 

that fails inspection. We are proposing 

this AD to prevent failure of the 2ndstage HPT air seal. This condition, if not 

corrected, could lead to an uncontained 

engine failure, and damage to the 

airplane. 

Relevant Service Information 

We reviewed PW Alert Service 

Bulletin (ASB) PW4G–112–A72–330, 

Revision 1, dated February 26, 2013. 

The ASB describes procedures for 

inspecting the integrity of 2nd-stage 

HPT air seals and criteria for their 

removal from service and replacement. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously. 

Interim Action 

We consider this proposed AD 

interim action. PW has not determined 

the root cause of the cracks discovered 

in 2nd-stage HPT air seals. 

Costs of Compliance 

We estimate that this AD will affect 

83 engines installed on airplanes of U.S. 

registry. We also estimate that it would 

take about 5 hours to perform the 

inspection required by this proposed 

AD. The costs of an ECI and an FPI are 

assumed to be equal. The average labor 

rate is $85 per hour. Based on these 

figures, we estimate the total cost of the 

AD to U.S. operators will be $35,275. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska to the extent that it justifies 

making a regulatory distinction, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Pratt & Whitney Division: Docket No. FAA– 

2013–0072; Directorate Identifier 2013– 

NE–04–AD. 

(a) Comments Due Date 

We must receive comments by May 17, 

2013. 


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16622 Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Proposed Rules 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Pratt & Whitney 

Division (PW) turbofan engine models 

PW4074, PW4074D, PW4077, PW4077D, 

PW4084D, PW4090, and PW4090–3 with 

2nd-stage high-pressure turbine (HPT) air 

seal, part number 54L041, installed. 

(d) Unsafe Condition 

This AD was prompted by discovery of 

cracks in the 2nd-stage HPT air seals. We are 

issuing this AD to prevent failure of the 2ndstage HPT air seal, which could lead to 

uncontained engine failure and damage to 

the airplane. 

(e) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(1) For 2nd-stage HPT air seals that have 

1,200 or fewer cycles since new (CSN) on the 

effective date of this AD, perform an on-wing 

eddy current inspection (ECI) or in-shop 

fluorescent-penetrant inspection (FPI) for 

cracks within 2,200 CSN. 

(2) For 2nd-stage HPT air seals that have 

more than 1,200 CSN on the effective date of 

this AD, perform an on-wing ECI or in-shop 

FPI for cracks within 1,000 cycles after the 

effective date of this AD. 

(3) Thereafter, reinspect with either an onwing ECI or in-shop FPI every 1,200 cycles 

since last inspection. 

(4) If you find a crack, remove the air seal 

from service before further flight. 

(5) Use paragraph 7 of the Accomplishment 

Instructions of PW Alert Service Bulletin 

(ASB) PW4G–112–A72–330, Revision 1, 

dated February 26, 2013, to do the on-wing 

ECI, except the reporting requirement of that 

step. 

(f) Alternative Methods of Compliance 

(AMOCs) 

The Manager, Engine Certification Office, 

FAA, may approve AMOCs for this AD. Use 

the procedures found in 14 CFR 39.19 to 

make your request. 

(g) Related Information 

(1) For more information about this AD, 

contact Ian Dargin, Aerospace Engineer, 

Engine & Propeller Directorate, FAA, 12 New 

England Executive Park, Burlington, MA 

01803; phone: 781–238–7178; fax: 781–238– 

7199; email: ian.dargin@faa.gov. 

(2) Refer to PW ASB PW4G–112–A72–330, 

Revision 1, dated February 26, 2013, for 

related information. 

(3) For service information identified in 

this AD, contact Pratt & Whitney, 400 Main 

St., East Hartford, CT 06108; phone: 860– 

565–8770; fax: 860–565–4503. You may view 

this service information at the FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA. For 

information on the availability of this 

material at the FAA, call 781–238–7125. 

Issued in Burlington, Massachusetts, on 

March 4, 2013. 

Colleen M. D’Alessandro, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–06118 Filed 3–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 120809321–2321–01] 

RIN 0648–BC26 

Gulf of the Farallones and Monterey 

Bay National Marine Sanctuaries 

Regulations on Introduced Species 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: NOAA proposes to amend the 

terms of designation and regulations 

regarding the introduction of introduced 

species into Gulf of the Farallones and 

Monterey Bay national marine 

sanctuaries (GFNMS and MBNMS, 

respectively). NOAA proposes to apply 

the regulations to the entirety of both 

sanctuaries and provide exceptions for) 

striped bass; and mariculture activities 

in Tomales Bay. This action would 

make the regulation of introduced 

species consistent in all four of the 

national marine sanctuaries off of 

California. 

DATES: Comments on this proposed rule 

will be accepted on or before midnight 

on May 17, 2013. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NOS–2012–0113, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA–NOS–2012– 

0113, click the ‘‘Comment Now!’’ icon, 

complete the required fields and enter 

or attach your comments. 

• Mail: Dave Lott, Regional 

Operations Coordinator, West Coast 

Region, Office of National Marine 

Sanctuaries, 99 Pacific Street, STE200K, 

Monterey, CA 93940. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by ONMS. Comments sent by any other 

method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. ONMS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

You may obtain copies of the original 

final environmental impact statement, 

record of decision, or other related 

documents through the following Web 

site: http://sanctuaries.noaa.gov/ 

jointplan. 

FOR FURTHER INFORMATION CONTACT: 

Dave Lott, Regional Operations 

Coordinator, West Coast Region, Office 

of National Marine Sanctuaries, 99 

Pacific Street, STE 100F, Monterey, CA 

93940. (831) 647–1920. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. GFNMS and MBNMS Background 

The National Oceanic and 

Atmospheric Administration (NOAA) 

established Gulf of the Farallones 

National Marine Sanctuary (GFNMS) in 

1981 to protect and preserve a unique, 

productive and fragile ecological 

community, including the largest 

seabird colony in the contiguous United 

States and diverse and abundant marine 

mammals. GFNMS lies off the coast of 

California, to the west and north of San 

Francisco, and is composed of 1,279 

square statute miles (966 square nautical 

miles) of offshore waters and submerged 

lands thereunder. The sanctuary 

boundary extends out to and around the 

Farallon Islands and nearshore waters 

(up to the mean high water line) from 

Bodega Head to Rocky Point in Marin 

County. For more information about 

GFNMS, see http://farallones.noaa.gov. 

NOAA established Monterey Bay 

National Marine Sanctuary (MBNMS) in 

1992 for the purposes of protecting and 

managing the conservation, ecological, 

recreational, research, educational, 

historical, and esthetic resources and 

qualities of the area. MBNMS is located 

offshore of California’s central coast, 


pmangrum on DSK3VPTVN1PROD with PROPOSALS