8052 Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Proposed Rules 

[Quality Assurance] records, which 

include information on the design and 

contents.’’ However, the petitioner 

states that it is important to minimize 

the number of markings on a container, 

which will reduce the chances that 

changes will have to be made to the 

permanent markings on a cask. The 

petitioner also states, ‘‘[c]hanging 

permanent markings on the cask are 

problematic since this would require 

significant repair work, evaluation to 

verify the cask maintains conformance 

with the CoC, and worker dose if the 

cask contains used fuel.’’ The petitioner 

maintains that since this information is 

contained in the QA controlled records, 

requiring that the empty weight be 

permanently marked on the cask does 

not ‘‘provide any increase to the 

protection of public health and safety’’ 

and ‘‘serves no useful purpose.’’ 

6. Amend 10 CFR 72.124 To Clarify the 

Applicability of the Criticality 

Monitoring Exemptions 

The petitioner requests that 10 CFR 

part 72, subpart F, be amended ‘‘to 

specify that criticality monitoring does 

not apply to special nuclear material in 

a dry storage cask being managed under 

a license granted pursuant to part 72, 

with ‘managed’ defined as cask loading, 

preparation, onsite transport and storage 

operation.’’ The petitioner states that 

‘‘no criticality monitoring should be 

required as long as the cask/canister is 

being managed in accordance with its 

approved licensing and design basis as 

described in the Cask CoC or ISFSI 

license and their respective FSARs 

[Final Safety Analysis Reports].’’ In 

addition, the petitioner asserts that ‘‘the 

proposed rule change to modify 10 CFR 

72.124(c), would clarify the regulations 

without modifying the intent’’ and ‘‘is 

consistent with NRC guidance, and 

other parts of the regulations.’’ 

B. Additional Regulatory Framework 

Improvements (Not Requested as Part of 

This Petition for Rulemaking) 

Separate from these rulemaking 

changes, the petitioner recommends 

eight other regulatory framework 

improvements. The petitioner states that 

these improvements are not requested as 

part of the petition, but believes that 

these other changes would provide 

‘‘synergies with the improvements’’ 

requested in the petition. These 

recommendations include: 

1. Streamlining the cask certification 

process. 

2. Clarifying ‘‘the implementation of 

the general license process and 

activities at the interface of Part 50 and 

Part 72 requirements.’’ 

3. Updating guidance for 

implementing 10 CFR 72.48. 

4. Examining the role of cladding 

integrity in the regulatory framework. 

5. Discussing ‘‘the potential to 

reinitiate a rulemaking for moderator 

exclusion.’’ 

6. Discussing the ‘‘potential options 

for harmonization of Part 71 and Part 72 

for spent fuel.’’ 

7. Making further improvements to 

the inspection program. 

8. Streamlining the process for 

‘‘establishing and maintaining the 

relevant NRC guidance’’ and ‘‘achieving 

a more straight-forward regulatory 

framework by implementing 

improvements to the organization of the 

network of guidance documents’’ that 

exists. 

IV. Conclusion 

The NRC has determined that the 

petition meets the threshold sufficiency 

requirements for a petition for 

rulemaking under 10 CFR 2.802, 

‘‘Petition for rulemaking,’’ and the 

petition has been docketed as PRM–72– 

7. The NRC is requesting public 

comment on the petition for rulemaking. 

Dated at Rockville, Maryland, this 30th day 

of January 2013. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2013–02477 Filed 2–4–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1322; Directorate 

Identifier 2012–NM–155–AD] 

RIN 2120–AA64 

Airworthiness Directives; DASSAULT 

AVIATION Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

DASSAULT AVIATION Model 

MYSTERE–FALCON 900 and FALCON 

900EX airplanes. This proposed AD was 

prompted by reports of chafing between 

the tail strobe power supply and a 

hydraulic line. This proposed AD would 

require modifying the tail strobe power 

supply wire routing. We are proposing 

this AD to prevent chafing between the 

tail strobe power supply and a hydraulic 

line, which could result in hydraulic 

fluid leakage and possible fire due to 

arcing, and consequent loss of control of 

the airplane due to structural failure of 

the tail. 

DATES: We must receive comments on 

this proposed AD by March 22, 2013. 

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 

W12–140, 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, NJ 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, WA. For information on 

the availability of this material at the 

FAA, call 425–227–1221. 

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. 

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Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Proposed Rules 8053 

FAA–2012–1322; Directorate Identifier 

2012–NM–155–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 2012–0162, 

dated August 29, 2012 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

Two reports were received concerning 

Falcon 900 aeroplanes, where chafing 

between the tail strobe power supply and a 

hydraulic line was found. In the latest 

reported occurrence, the chafing damaged the 

power line and created an electrical arcing 

which created a pin hole in the hydraulic 

line, leading to hydraulic fluid leakage. 

This condition, if not corrected, could 

jeopardize the aeroplane’s safe flight. 

To address this potential unsafe condition, 

Dassault Aviation developed modification 

(M5741) of the routing of the tail strobe 

power supply wire, which is available for 

accomplishment in service through Dassault 

Service Bulletin (SB) F900–431 or SB 

F900EX–437, as applicable to aeroplane 

model. 

For the reasons described above, this 

[EASA] AD requires modification of the 

routing of the tail strobe power supply wire. 

The unsafe condition is chafing between 

the tail strobe power supply and a 

hydraulic line, which could result in 

hydraulic fluid leakage and possible fire 

due to arcing, and consequent loss of 

control of the airplane due to structural 

failure of the tail. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

Dassault has issued Mandatory 

Service Bulletin F900–431, dated 

November 8, 2011 (for Model 

MYSTERE–FALCON 900 airplanes); and 

Mandatory Service Bulletin F900EX– 

437, dated November 8, 2011 (for Model 

FALCON 900EX airplanes). The actions 

described in these service bulletins are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 180 products of U.S. 

registry. We also estimate that it would 

take about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $31 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these parts. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

Based on these figures, we estimate the 

cost of the proposed AD on U.S. 

operators to be $36,180, or $201 per 

product. 

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; 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

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 AD: 

DASSAULT AVIATION: Docket No. FAA– 

2012–1322; Directorate Identifier 2012– 

NM–155–AD. 

(a) Comments Due Date 

We must receive comments by March 22, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes specified 

in paragraphs (c)(1) and (c)(2) of this AD, 

certificated in any category. 

(1) DASSAULT AVIATION Model 

MYSTERE–FALCON 900 airplanes, serial 

numbers (S/N) 142 and subsequent. 

(2) DASSAULT AVIATION Model 

FALCON 900EX airplanes, all serial numbers 

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8054 Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Proposed Rules 

except those on which Dassault Aviation 

modification M5741 has been embodied in 

production. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 24, Electrical Power. 

(e) Reason 

This AD was prompted by reports of 

chafing between the tail strobe power supply 

and a hydraulic line. We are issuing this AD 

to prevent chafing between the tail strobe 

power supply and a hydraulic line, which 

could result in hydraulic fluid leakage and 

possible fire due to arcing, and consequent 

loss of control of the airplane due to 

structural failure of the tail. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Actions 

Within 65 days or 200 flight hours after the 

effective date of this AD, whichever occurs 

first: Modify the tail strobe power supply 

wire routing, in accordance with the 

Accomplishment Instructions of Dassault 

Mandatory Service Bulletin F900–431, dated 

November 8, 2011 (for Model MYSTERE– 

FALCON 900 airplanes); or Dassault 

Mandatory Service Bulletin F900EX–437, 

dated November 8, 2011 (for FALCON 900EX 

airplanes). 

(h) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

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. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding district office. The AMOC 

approval letter must specifically reference 

this AD. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2012–0162, dated August 29, 2012, 

and the service information specified in 

paragraphs (j)(1)(i) and (j)(1)(ii) of this AD, 

for related information. 

(i) Dassault Mandatory Service Bulletin 

F900–431, dated November 8, 2011. 

(ii) Dassault Mandatory Service Bulletin 

F900EX–437, dated November 8, 2011. 

(2) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, NJ 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, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on January 

28, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–02450 Filed 2–4–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1321; Directorate 

Identifier 2011–NM–147–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede an 

existing airworthiness directive (AD) 

that applies to certain Airbus Model 

A310 series airplanes. The existing AD 

currently requires repetitive inspections 

for fatigue cracking of the area around 

the fasteners of the landing plate of the 

aileron access doors of the bottom skin 

panel of the wings, and related 

corrective action. The existing AD 

provides for an optional terminating 

action, which ends the repetitive 

inspections. Since we issued that AD, a 

reassessment of the previous fatigue 

threshold and inspection interval 

resulted in a determination that reduced 

inspection thresholds and intervals for 

accomplishment of the tasks are 

necessary. This proposed AD would 

reduce the initial inspection compliance 

time and intervals and provide 

additional terminating action options. 

We are proposing this AD to detect and 

correct fatigue cracking of the area 

around the fasteners of the landing plate 

of the aileron access doors and the 

bottom skin panel of the wings, which 

could result in reduced structural 

integrity of the wings. 

DATES: We must receive comments on 

this proposed AD by March 22, 2013. 

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 

W12–140, 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 Airbus SAS— 

EAW (Airworthiness Office), 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; email 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

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: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–2125; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

mstockstill on DSK4VPTVN1PROD with PROPOSALS