24870 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Rules and Regulations

The alternative to this action is to

withhold approval of this new design

and issue a site-specific license to each

utility that proposes to use the casks.

This alternative would cost both the

NRC and utilities more time and money

for each site-specific license.

Conducting site-specific reviews would

ignore the procedures and criteria

currently in place for the addition of

new cask designs that can be used under

a general license, and would be in

conflict with NWPA direction to the

Commission to approve technologies for

the use of spent fuel storage at the sites

of civilian nuclear power reactors

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 problems above and is consistent

with previous NRC 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 discussion above 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

Under 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

Under 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 final rule

affects only the licensing and operation

of nuclear power plants, independent

spent fuel storage facilities, and

Transnuclear. 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 (§ 50.109 or § 72.62) does

not apply to this direct final rule

because this amendment does not

involve any provisions that would

impose backfits as defined. Therefore, a

backfit analysis is not required.

List of Subjects in 10 CFR Part 72

Administrative practice and

procedure, Hazardous waste, 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; and 5 U.S.C. 553; the NRC

is adopting 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

1. 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).

2. In § 72.214, Certificate of

Compliance (CoC) 1027 is added to read

as follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1027.

SAR Submitted by: Transnuclear, Inc.

SAR Title: Final Safety Analysis

Report for the TN–68 Dry Storage Cask.

Docket Number: 72–1027.

Certificate Expiration Date: May 28,

2020.

Model Number: TN–68.

Dated at Rockville, Maryland, this 12th day

of April, 2000.

For the Nuclear Regulatory Commission.

Frank J. Miraglia, Jr.,

Acting Executive Director for Operations.

[FR Doc. 00–10390 Filed 4–27–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–85–AD; Amendment

39–11699; AD 2000–08–13]

RIN 2120–AA64

Airworthiness Directives; Learjet

Model 45 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Rules and Regulations 24871

applicable to certain Learjet Model 45

airplanes. This action requires revising

the Airplane Flight Manual to provide

the flight crew with certain instructions

associated with an exterior preflight

inspection and ground operations. This

amendment is prompted by a report

indicating the occurrence of an

uncommanded brake application

condition that was not annunciated in

the cockpit. The actions specified in this

AD are intended to provide the flight

crew with procedures to detect an

uncommanded brake application

condition during taxi and takeoff. Such

a condition could result in a possible

wheel/brake fire and/or a high-speed

rejected takeoff.

DATES: Effective May 15, 2000.

The incorporation by reference of

certain publications in this rule is

approved by the Director of the Federal

Register as of May 15, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

June 27, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

85–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The information concerning this

amendment may be obtained from or

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, Small Airplane Directorate,

Wichita Certification Office, 1801

Airport Road, Room 100, Mid-Continent

Airport, Wichita, Kansas; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Shane Bertish, Aerospace Engineer,

Systems and Equipment Branch, ACE–

116W, FAA, Small Airplane Directorate,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas

67209; telephone (316) 946–4156; fax

(316) 946–4407.

SUPPLEMENTARY INFORMATION: The FAA

has received a report indicating the

occurrence of an uncommanded brake

application condition that was not

annunciated in the cockpit, in which

the airplane experienced a dragging

brake (uncommanded brake application

condition) when the pilot released the

parking brake. Not realizing the severity

or cause of the problem, the pilot

increased the thrust control to taxi the

airplane. During takeoff, the airplane

failed to accelerate properly, and the

pilot performed a rejected takeoff. After

the airplane returned to the ramp,

investigation revealed that one or more

brake pistons had failed, causing a small

brake oil fire.

Explanation of Relevant Service

Information

The manufacturer has issued Learjet

Temporary Flight Manual (TFM)

Changes TFM 2000–01, 2000–02, 2000–

03, 2000–04, 2000–05, 2000–06, 2000–

07, and 2000–08, each dated April 6,

2000. These TFM changes provide

information for the flight crew with

certain instructions to detect possible

brake problems during exterior preflight

inspections and ground operations.

Explanation of the Requirements of the

Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other Learjet Model 45

airplanes of the same type design, this

AD is being issued to provide the flight

crew with procedures to detect an

uncommanded brake application

condition during taxi and takeoff. Such

a condition could result in a possible

wheel/brake fire and/or a high-speed

rejected takeoff. This AD requires

revising the Limitations and Normal

Procedures Sections of the FAAapproved AFM to provide the flight

crew with certain instructions to detect

possible brake problems during exterior

preflight inspections and ground

operations.

Interim Action

This is considered to be interim

action. The manufacturer has advised

that it currently is developing a

modification that will positively address

the unsafe condition addressed by this

AD. Once this modification is

developed, approved, and available, the

FAA may consider additional

rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that 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 shall identify the

Rules Docket number and be submitted

in triplicate 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 rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–85–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 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 that it is not a ‘‘significant

regulatory action’’ under Executive

Order 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.

24872 Federal Register / Vol. 65, No. 83 / Friday, April 28, 2000 / Rules and Regulations

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

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:

2000–08–13 Learjet: Amendment 39–11699.

Docket 2000–NM–85–AD.

Applicability: Model 45 airplanes on which

Crane Hydro-Aire brake control unit part

number (P/N) 42–933–2 is installed;

certificated in any category.

Compliance: Required as indicated, unless

accomplished previously.

To provide the flight crew with procedures

to detect an uncommanded brake application

condition during taxi and takeoff, which

could result in a possible wheel/brake fire

and/or a high-speed rejected takeoff,

accomplish the following:

Airplane Flight Manual (AFM) Revision

(a) Within 10 days after the effective date

of this AD, revise the Limitations and Normal

Procedures Sections of the FAA-approved

AFM to include Learjet Temporary Flight

Manual (TFM) Changes 2000–01, 2000–02,

2000–03, 2000–04, 2000–05, 2000–06, 2000–

07, and 2000–08, each dated April 6, 2000.

Note 1: The AFM revision required by

paragraph (a) of this AD may be

accomplished by inserting a copy of the

applicable TFM Change into the applicable

section of the AFM. When these TFM

Changes have been incorporated into the

general revisions of the AFM, the general

revisions may be inserted into the AFM,

provided that the information contained in

the general revisions is identical to that

specified in the TFM Changes.

Alternative Methods of Compliance

(b) 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, Wichita

Aircraft Certification Office (ACO), FAA,

Small Airplane Directorate. Operators shall

submit their requests through an appropriate

FAA Principal Operations Inspector, who

may add comments and then send it to the

Manager, Wichita ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The Airplane Flight Manual revisions

shall be done in accordance with Learjet

Temporary Flight Manual Change 2000–01,

dated April 6, 2000; Learjet Temporary Flight

Manual Change 2000–02, dated April 6,

2000; Learjet Temporary Flight Manual

Change 2000–03, dated April 6, 2000; Learjet

Temporary Flight Manual Change 2000–04,

dated April 6, 2000; Learjet Temporary Flight

Manual Change 2000–05, dated April 6,

2000; Learjet Temporary Flight Manual

Change 2000–06, dated April 6, 2000; Learjet

Temporary Flight Manual Change 2000–07,

dated April 6, 2000; and Learjet Temporary

Flight Manual Changes 2000–08, dated April

6, 2000. This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Bombardier Aerospace, Learjet, One

Learjet Way, Wichita, Kansas 67277–7707.

Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

Small Airplane Directorate, Wichita

Certification Office, 1801 Airport Road,

Room 100, Mid-Continent Airport, Wichita,

Kansas; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(e) This amendment becomes effective on

May 15, 2000.

Issued in Renton, Washington, on April 17,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–10050 Filed 4–27–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–SW–73–AD; Amendment

39–11702; AD 2000–08–16]

RIN 2120–AA64

Airworthiness Directives; Eurocopter

Deutschland GMBH Model MBB-BK

117 A–1, A–3, A–4, B–1, B–2, and C–

1 Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Eurocopter Deutschland

GMBH (ECD) Model MBB–BK 117 A–1,

A–3, A–4, B–1, B–2, and C–1

helicopters. This AD requires modifying

the engine and transmission cowling

doors (cowling doors). This amendment

is prompted by an emergency landing of

an ECD Model MBB-BK 117 helicopter

after the No. 1 engine cowling opened,

separated from the helicopter, and

struck the main and tail rotor blades

resulting in a tail rotor imbalance and

subsequent departure of the tail rotor

gear box from the helicopter. The

actions specified by this AD are

intended to prevent the cowling doors

opening during flight, separating from

the helicopter and impacting the main

or tail rotor blades, and subsequent loss

of control of the helicopter.

DATES: Effective June 2, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 2,

2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from American Eurocopter Corporation,

2701 Forum Drive, Grand Prairie, Texas

75053–4005, telephone (972) 641–3460,

fax (972) 641–3527. This information

may be examined at the FAA, Office of

the Regional Counsel, Southwest

Region, 2601 Meacham Blvd., Room

663, Fort Worth, Texas; or at the Office

of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Richard A. Monschke, Aerospace

Engineer, FAA, Rotorcraft Directorate,

Rotorcraft Standards Staff, Fort Worth,

Texas 76193–0110, telephone (817)

222–5116, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an AD that is applicable to ECD

Model MBB–BK 117 A–1, A–3, A–4, B–

1, B–2, and C–1 helicopters was

published in the Federal Register on

February 4, 2000 (65 FR 5453). That

action proposed to require modifying

the cowling doors to prevent the

cowling doors from opening during

flight.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s determination of

the cost to the public. The FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed.

The FAA estimates that 140

helicopters of U.S. registry will be