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

56413 

Vol. 71, No. 187 

Wednesday, September 27, 2006 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 70 

RIN 3150–AH96 

Facility Change Process Involving 

Items Relied on for Safety 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to clarify a requirement 

pertaining to items relied on for safety 

(IROFS). This rulemaking corrects an 

inconsistency in the regulations 

pertaining to IROFS. 

DATES: Comments on the proposed rule 

must be received on or before October 

27, 2006. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the following number 

(RIN 3150–AH96) in the subject line of 

your comments. Comments on 

rulemakings submitted in writing or in 

electronic form will be made available 

to the public in their entirety on the 

NRC rulemaking Web site. Personal 

information will not be removed from 

your comments. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: SECY@nrc.gov. If 

you do not receive a reply e-mail 

confirming that we have received your 

comments, contact us directly at (301) 

415–1966. You may also submit 

comments via the NRC’s rulemaking 

Web site at http://ruleforum.llnl.gov. 

Address questions about our rulemaking 

Web site to Carol Gallagher (301) 415– 

5905; e-mail cag@nrc.gov. Comments 

can also be submitted via the Federal 

eRulemaking Portal http:// 

www.regulations.gov. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

Federal workdays. (Telephone (301) 

415–1966). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at (301) 

415–1101. 

Publicly available documents related 

to this rulemaking may be examined 

and copied for a fee at the NRC’s Public 

Document Room (PDR), Public File Area 

O1 F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

The PDR reproduction contractor will 

copy documents for a fee. Selected 

documents, including comments, can be 

viewed and downloaded electronically 

via the NRC rulemaking Web site at 

http://ruleforum.llnl.gov. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/NRC/ADAMS/ 

index.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 NRC 

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

301–415–4737 or by e-mail to 

pdr@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Anthony N. Tse, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

(301) 415–6233, e-mail, ant@nrc.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the Direct 

Final Rule published in the final rules 

section of this Federal Register. 

Procedural Background 

Because NRC considers this action 

noncontroversial and routine, we are 

publishing this proposed rule 

concurrently as a direct final rule. The 

direct final rule will become effective on 

December 11, 2006. However, if the 

NRC receives significant adverse 

comments on the proposed rule by 

October 27, 2006, then the NRC will 

publish a document to withdraw the 

direct final rule. If the direct final rule 

is withdrawn, the NRC will address the 

comments received in response to the 

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 for this action 

if 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 staff to 

make a change (other than editorial) to 

the rule. 

List of Subjects in 10 CFR Part 70 

Hazardous materials transportation, 

Nuclear materials, Packaging and 

containers, Radiation protection, 

Reporting and recordkeeping 

requirements, Scientific equipment, 

Security measures. 

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 proposing to adopt the following 

amendments to 10 CFR part 70. 

PART 70—DOMESTIC LICENSING OF 

SPECIAL NUCLEAR MATERIAL 

1. The authority citation for part 70 

continues to read as follows: 

Authority: Secs. 51, 53, 161, 182, 183, 68 

Stat. 929, 930, 948, 953, 954, as amended, 

sec. 234, 83 Stat. 444, as amended, (42 U.S.C. 

2071, 2073, 2201, 2232, 2233, 2282, 2297f); 

secs. 201, as amended, 202, 204, 206, 88 Stat. 

1242, as amended, 1244, 1245, 1246 (42 

U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 

Stat. 2835 as amended by Pub. L. 104–134, 


rwilkins on PROD1PC63 with PROPOSAL
56414 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Proposed Rules 

110 Stat. 1321, 1321–349 (42 U.S.C. 2243); 

sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 

note). 

Sections 70.1(c) and 70.20a(b) also issued 

under secs. 135, 141, Pub. L. 97–425, 96 Stat. 

2232, 2241 (42 U.S.C. 10155, 10161). Section 

70.7 also issued under Pub. L. 95–601, sec. 

10, 92 Stat. 2951 (42 U.S.C. 5851). Section 

70.21(g) also issued under sec. 122, 68 Stat. 

939 (42 U.S.C. 2152). Section 70.31 also 

issued under sec. 57d, Pub. L. 93–377, 88 

Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 

70.44 also issued under sec. 184, 68 Stat. 954, 

as amended (42 U.S.C. 2234). Section 70.81 

also issued under secs. 186, 187, 68 Stat. 955 

(42 U.S.C. 2236, 2237). Section 70.82 also 

issued under sec. 108, 68 Stat. 939, as 

amended (42 U.S.C. 2138). 

2. In § 70.72, paragraph (c)(2) is 

revised to read as follows: 

§ 70.72 Facility changes and change 

process. 

* * * * * 

(c) * * * 

(2) Does not remove, without at least 

an equivalent replacement of the safety 

function, an item relied on for safety 

that is listed in the integrated safety 

analysis summary and is necessary for 

compliance with the performance 

requirements of § 70.61; 

* * * * * 

Dated at Rockville, Maryland, this 13th day 

of September, 2006. 

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations. 

[FR Doc. 06–8271 Filed 9–26–06; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25637; Directorate 

Identifier 2006–CE–43–AD] 

RIN 2120–AA64 

Airworthiness Directives; EADS 

SOCATA Model TBM 700 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

EADS SOCATA Model TBM 700 

airplanes. This proposed AD would 

require you to inspect the pilot door 

locking stop-fittings for correct length 

and, if any incorrect length pilot door 

locking stop-fittings are found, replace 

them. This proposed AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

airworthiness authority for France. We 

are proposing this AD to detect and 

replace incorrect length pilot door 

locking stop-fittings. This condition, if 

not corrected, could result in 

depressurization of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 27, 2006. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., 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 EADS 

SOCATA, Direction des Services, 65921 

Tarbes Cedex 9, France; telephone: 33 

(0)5 62 41 73 00; fax: 33 (0)5 62 41 76 

54; or SOCATA AIRCRAFT, INC., North 

Perry Airport, 7501 South Airport Rd., 

Pembroke Pines, FL 33023; telephone: 

(954) 893–1400; fax: (954) 964–4141. 

FOR FURTHER INFORMATION CONTACT: 

Gunnar Berg, Aerospace Safety 

Engineer, FAA, Small Airplane 

Directorate, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone: 

(816) 329–4141; fax: (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2006–25637; Directorate 

Identifier 2006–CE–43–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

concerning this proposed AD. 

Discussion 

The Direction ge ́ne ́rale de l’aviation 

civile (DGAC), which is the aviation 

authority for France, notified FAA that 

an unsafe condition may exist on certain 

EADS SOCATA Model TBM 700 

airplanes. The DGAC reports that the 

pilot door adjustment procedure was 

improperly done, and the pilot door 

locking stop-fittings may be of incorrect 

length. This condition, if not corrected, 

could result in depressurization of the 

airplane. 

Relevant Service Information 

We have reviewed EADS SOCATA 

Service Bulletin SB 70–131, ATA No. 

53, dated July 2005. 

The service information describes 

procedures for: 

• Inspecting the pilot door locking 

stop-fittings for correct length and 

• Replacing any incorrect length pilot 

door locking stop-fittings. 

Foreign Airworthiness Authority 

Information 

The DGAC classified this service 

bulletin as mandatory and issued 

French AD Number F–2005–134, dated 

August 03, 2005, to ensure the 

continued airworthiness of these 

airplanes in France. These EADS 

SOCATA Model TBM 700 airplanes are 

manufactured in France and are typecertificated for operation in the United 

States under the provisions of section 

21.29 of the Federal Aviation 

Regulations (14 CFR 21.29) and the 

applicable bilateral airworthiness 

agreement. 

Under this bilateral airworthiness 

agreement, the DGAC has kept us 

informed of the situation described 

above. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

have examined the DGAC’s findings, 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design that are certificated for 

operation in the United States. 

This proposed AD would require you 

to inspect the pilot door locking stopfittings for correct length and, if any 

incorrect length pilot door locking stopfittings are found, replace them. 


rwilkins on PROD1PC63 with PROPOSAL