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.

Proposed Rules Federal Register

48667 

Vol. 74, No. 184 

Thursday, September 24, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50 and 52 

RIN 3150–AH29 

[NRC–2004–0006] 

Risk-Informed Changes to Loss-ofCoolant Accident Technical 

Requirements 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Supplemental proposed rule: 

Extension of comment period. 

SUMMARY: On August 10, 2009, the 

Nuclear Regulatory Commission (NRC) 

published for public comment a 

supplemental proposed rule that would 

amend the requirements that govern 

domestic licensing of production and 

utilization facilities and licenses, 

certifications, and approvals for nuclear 

power plants to allow current and 

certain future power reactor licensees 

and applicants to choose to implement 

a risk-informed alternative to the 

current requirements for analyzing the 

performance of emergency core cooling 

systems (ECCS) during loss-of-coolant 

accidents (LOCA). The proposed 

amendments would also establish 

procedures and acceptance criteria for 

evaluating certain changes in plant 

design and operation based upon the 

results of the new analyses of ECCS 

performance. 

The public comment period for this 

supplemental proposed rule is 

scheduled to close on September 24, 

2009. The NRC has received a request to 

extend the comment period by 120 days. 

The NRC is granting this request and is 

also extending the comment period for 

the information collection aspects of 

this supplemental proposed rule by 60 

days. 

DATES: The comment period for the 

supplemental proposed rule, published 

August 10, 2009, (74 FR 40006), is 

extended by 120 days and now expires 

on January 22, 2010. The comment 

period for the information collection 

aspects of this proposed rulemaking is 

extended by 60 days and now expires 

on November 9, 2009. Comments 

received after these dates will be 

considered if it is practical to do so, but 

the Commission is able to ensure 

consideration only for comments 

received before these dates. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site Regulations.gov. 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. The NRC 

requests that any party soliciting or 

aggregating comments received from 

other persons for submission to the NRC 

inform those persons that the NRC will 

not edit their comments to remove any 

identifying or contact information, and 

therefore, they should not include any 

information in their comments that they 

do not want publicly disclosed. 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2004–0006]. Address questions 

about NRC dockets to Carol Gallagher, 

telephone (301) 492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at (301) 415–1677. 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at (301) 

492–3446. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

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

reading-rm/adams.html. From this page, 

the public can gain entry into 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’s 

PDR reference staff at 1–800–397–4209, 

or (301) 415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this proposed rule can be 

found at http://www.regulations.gov by 

searching on Docket ID: NRC–2004– 

0006. 

FOR FURTHER INFORMATION CONTACT: 

Richard Dudley, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

1116, e-mail Richard.Dudley@nrc.gov. 

SUPPLEMENTARY INFORMATION: In a letter 

dated August 18, 2009 (ADAMS 

Accession No. ML092320126), the 

Nuclear Energy Institute (NEI) requested 

that the NRC extend the public 

comment period for the risk-informed 

ECCS rule by an additional 120 days. In 

its letter, NEI stated: 

[I]mplementation of the rule as 

currently drafted would require 

technical analyses in a wide variety of 

areas. It is therefore necessary to solicit 

input from numerous sources in 

developing comments on the draft 

supplemental proposed rule, and NEI is 

coordinating industry comments with 

the NSSS owners groups, vendors, and 

licensees to ensure that the comments 

submitted by industry are of high 

quality and that they reflect a consensus 

industry perspective. However, the 

comment period provided in the August 

10th Federal Register Notice is 

insufficient given the volume and 

breadth of material that requires a 

thorough technical review. Extending 

the comment period would provide the 

time necessary to fully assess the impact 

of the draft supplemental proposed rule 

and arrive at a set of comments that are 

of highest value to the NRC staff in 

considering this important rulemaking. 

In view of the NRC’s desire to receive 

high quality comments from external 

stakeholders who would be directly 

affected by the supplemental proposed 

rule and recognizing the quantity of 

information to be analyzed and the 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
48668 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Proposed Rules 

coordination efforts needed by and 

among those stakeholders, the comment 

period for the proposed rulemaking will 

be extended for all stakeholders for an 

additional 120 days. The comment 

period for the information collection 

aspects of this proposed rulemaking will 

be extended by 60 days. The NRC 

believes that these extensions will allow 

sufficient time for all stakeholders to 

develop and provide meaningful 

comments on the proposed rule. 

The comment submittal deadline for 

the proposed rule is extended from the 

original September 24, 2009, deadline to 

January 22, 2010, and the information 

collection analysis comment deadline is 

extended from the original September 9, 

2009, deadline to November 9, 2009. 

Dated at Rockville, Maryland, this 18th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Bruce S. Mallett, 

Acting Executive Director for Operations. 

[FR Doc. E9–23043 Filed 9–23–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0791; Directorate 

Identifier 2008–NM–213–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 2000 and Falcon 2000EX 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During the overhaul of a Main Landing 

Gear (MLG) of a Falcon 2000, the sleeve on 

the hydraulic flow restrictor in the shock 

absorber was found displaced, because of the 

rupture of its three retaining screws. * * * 

Failure of the retaining screws has been 

determined to be the final phase of a slow 

unscrewing process under normal 

operational conditions. The unsafe condition 

only exists once the three screws have failed. 

* * * * * 

The unsafe condition is failure of three 

retaining screws of the MLG shock 

absorber which could result in collapse 

of the landing gear during ground 

maneuvers or landing. The proposed AD 

would require actions that are intended 

to address the unsafe condition 

described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by October 26, 2009. 

ADDRESSES: You may send comments 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. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

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 Dassault 

Falcon Jet, P.O. Box 2000, South 

Hackensack, New Jersey 07606; 

telephone 201–440–6700; Internet 

http://www.dassaultfalcon.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0791; Directorate Identifier 

2008–NM–213–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 based on 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0050, 

dated March 5, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During the overhaul of a Main Landing 

Gear (MLG) of a Falcon 2000, the sleeve on 

the hydraulic flow restrictor in the shock 

absorber was found displaced, because of the 

rupture of its three retaining screws. In this 

situation, the energy dissipation function of 

the shock absorber is lost and high loads may 

be transmitted to the aircraft structure during 

landing. Structural integrity may thus not be 

guaranteed over the entire certified landing 

conditions domain particularly in 

combination of high landing weight and high 

vertical speed. 

Failure of the retaining screws has been 

determined to be the final phase of a slow 

unscrewing process under normal 

operational conditions. The unsafe condition 

only exists once the three screws have failed. 

For the reasons described above, 

Airworthiness Directive (AD) 2008–0178 had 

been released to require a repetitive 

borescope inspection of the flow restriction 

system [for damage; such as condition of the 

sleeve of the dumping device, and broken or 

loose screws] and, if necessary, repair of the 

shock absorber per Dassault Aviation Service 

Bulletins (SB) F2000–367 and F2000EX–185 

(corresponding to modification M3120) 

developed with the landing gear 

manufacturer’s instructions.* * * 

After qualification testing, modification 

M3120 has been approved by EASA as a 

definitive solution. 

As a consequence, the present AD retains 

the requirements of AD 2008–0178 which is 

superseded and introduces M3120 as a 

terminating action to the repetitive 

inspections requirement, and further 

mandates its embodiment no later than the 

next MLG shock absorber overhaul. 

The unsafe condition is failure of three 

retaining screws of the MLG shock 


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