42340 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Proposed Rules 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@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-2010-0183. 

Procedural Background 

This rule is limited to the changes 

contained in Amendment 6 to CoC No. 

1025 and does not include other aspects 

of the NAC–MPC System design. 

Because NRC considers this action 

noncontroversial and routine, the NRC 

is publishing this proposed rule 

concurrently as a direct final rule in the 

Rules and Regulations section of this 

Federal Register. Adequate protection 

of public health and safety and the 

environment continues to be ensured. 

The direct final rule will become 

effective on October 4, 2010. However, 

if the NRC receives significant adverse 

comments on the direct final rule by 

August 20, 2010, 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is withdrawn, the NRC will address the 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 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 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withdrawn.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 Federal 

Register. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous Waste, Nuclear 

materials, Occupational safety and 

health, Radiation protection, Reporting 

and recordkeeping requirements, 

Security measures, Spent nuclear 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: 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. 102– 

486, sec. 7902, 106 Stat. 3123 (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); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

sec. 651(e), Pub. L. 109–58, 119 Stat. 806–10 

(42 U.S.C. 2014, 2021, 2021b, 2111). 

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 1025 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1025. 

Initial Certificate Effective Date: April 

10, 2000. 

Amendment Number 1 Effective Date: 

November 13, 2001. 

Amendment Number 2 Effective Date: 

May 29, 2002. 

Amendment Number 3 Effective Date: 

October 1, 2003. 

Amendment Number 4 Effective Date: 

October 27, 2004. 

Amendment Number 5 Effective Date: 

July 24, 2007. 

Amendment Number 6 Effective Date: 

October 4, 2010. 

SAR Submitted by: NAC International, 

Inc. 

SAR Title: Final Safety Analysis Report 

for the NAC Multi-Purpose Canister 

System (NAC–MPC System). 

Docket Number: 72–1025. 

Certificate Expiration Date: April 10, 

2020. 

Model Number: NAC–MPC. 

* * * * * 

Dated at Rockville, Maryland, this 6th day 

of July 2010. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2010–17847 Filed 7–20–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0720; Directorate 

Identifier 2010–SW–050–AD] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation (Sikorsky) Model 

S–92A Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes 

adopting a new airworthiness directive 

(AD) for Sikorsky Model S–92A 

helicopters. This proposal would 

require revising the airworthiness 

limitations section of the Instructions 


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Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Proposed Rules 42341 

for Continued Airworthiness (ICA) to 

reduce the life limit of the main gearbox 

housing and replacing any main gearbox 

housing that exceeds the life limit. This 

proposal is prompted by a fatigue 

analysis conducted after a helicopter 

was found with a severed main gearbox 

mounting foot pad (foot pad) that failed 

due to fatigue. The actions specified by 

this proposed AD are intended to 

prevent failure of the main gearbox 

mounting housing foot pad, loss of the 

main gearbox, and subsequent loss of 

control of the helicopter. 

DATES: Comments must be received on 

or before September 20, 2010. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD: 

• 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 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may examine the comments to 

this proposed AD in the AD docket on 

the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael Schwetz, Aviation Safety 

Engineer, Boston Aircraft Certification 

Office, 12 New England Executive Park, 

Burlington, MA 01803, telephone (781) 

238–7761, fax (781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any written 

data, views, or arguments regarding this 

proposed AD. Send your comments to 

the address listed under the caption 

ADDRESSES. Include the docket number 

‘‘FAA–2010–0720, Directorate Identifier 

2010–SW–050–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:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed 

rulemaking. Using the search function 

of our docket web site, you can find and 

read the comments to any of our 

dockets, including the name of the 

individual who sent or signed the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Examining the Docket 

You may examine the docket that 

contains the proposed AD, any 

comments, and other information in 

person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Operations office (telephone 

(800) 647–5527) is located in Room 

W12–140 on the ground floor of the 

West Building at the street address 

stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

Discussion 

This document proposes adopting a 

new AD for Sikorsky Model S–92A 

helicopters. This proposal would 

require revising the airworthiness 

limitations section of the ICA to reduce 

the life limit of the main gearbox 

housing from 2700 hours time-in-service 

(TIS) to 1000 hours TIS and to replace 

any main gearbox housing that exceeds 

the lower life limit. This proposal is 

prompted by review of a fatigue analysis 

conducted after a helicopter was found 

with a severed foot pad due to the effect 

of fatigue of the main gearbox housing. 

This condition, if not corrected, could 

result in failure of the main gearbox 

housing mounting foot pad, loss of the 

main gearbox, and subsequent loss of 

control of the helicopter. 

This unsafe condition is likely to exist 

or develop on other helicopters of the 

same type design. Therefore, the 

proposed AD would require, within 60 

days, revising the airworthiness 

limitations section of the ICA to reduce 

the life limit of the main gearbox 

housing from 2700 hours TIS to 1000 

hours TIS and replacing, before further 

flight, any main gearbox housing that 

has exceeded the 1000-hour TIS life 

limit. 

We estimate that this proposed AD 

would affect 15 helicopters of U.S. 

registry, and the proposed actions 

would take about 112 work hours per 

helicopter at an average labor rate of $85 

per work hour. Required parts would 

cost about $200,000 per helicopter. 

Based on these figures, we estimate the 

total cost impact of the proposed AD on 

U.S. operators would be $3,142,800, 

assuming all 15 helicopters replace the 

main gearbox housing. 

Regulatory Findings 

We have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. Additionally, 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 that the 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); and 

3. 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 draft economic 

evaluation of the estimated costs to 

comply with this proposed AD. See the 

AD docket to examine the draft 

economic evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(14 CFR part 39) as follows: 


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42342 Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / Proposed Rules 

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 a new airworthiness directive to 

read as follows: 

Sikorsky Aircraft Corporation: Docket No. 

FAA–2010–0720; Directorate Identifier 

2010–SW–050–AD. 

Applicability: Model S–92A helicopters, 

with main gearbox housing, part number 

92351–15110–042, –043, –044, or –045, 

installed, certificated in any category. 

Compliance: Required as indicated, unless 

done previously. 

To prevent failure of the main gearbox 

housing mounting foot pad, loss of the main 

gearbox, and subsequent loss of control of the 

helicopter, do the following: 

(a) Within 60 days, revise the airworthiness 

limitations section of the Instructions for 

Continued Airworthiness by reducing the life 

limits of the affected main gearbox housing 

from 2700 hours time-in-service (TIS) to 1000 

hours TIS. 

(b) After revising the life limit in 

accordance with paragraph (a) of this AD, 

before further flight, replace any main 

gearbox housing that exceeds the life limit of 

1000 hours TIS. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Boston Aircraft 

Certification Office, FAA, Attn: Michael 

Schwetz, Aviation Safety Engineer, 12 New 

England Executive Park, Burlington, MA 

01803, telephone (781) 238–7761, fax (781) 

238–7170, for information about previously 

approved alternative methods of compliance. 

(d) The Joint Aircraft System/Component 

(JASC) Code is 6320: Main Rotor Gearbox. 

Issued in Fort Worth, Texas, on July 13, 

2010. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–17756 Filed 7–20–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1033; FRL–9177–7] 

Approval and Disapproval and 

Promulgation of Air Quality 

Implementation Plans; Colorado; 

Revisions to Regulation 1 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to partially 

approve and partially disapprove a State 

Implementation Plan (SIP) revision 

submitted by the State of Colorado 

regarding its Regulation 1. Regulation 1 

provides certain emission controls for 

opacity, particulates, carbon monoxide 

and sulfur dioxide. The revision 

involves the deletion of obsolete, the 

adoption of new, and the clarification of 

ambiguous provisions within Regulation 

1. The intended effect of this proposed 

action is to make federally enforceable 

the revised portions of Colorado’s 

Regulation 1 that EPA is proposing to 

approve and to disapprove portions of 

the regulation that EPA deems are not 

consistent with the Clean Air Act. This 

action is being taken under section 110 

of the Clean Air Act. 

DATES: Comments must be received on 

or before August 20, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2007–1033, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: komp.mark@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Callie Videtich, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Callie Videtich, 

Director, Air Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2007– 

1033. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA, without going 

through www.regulations.gov your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, U. S. Environmental 

Protection Agency, Region 8, Air 

Program, Mail Code 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6022, 

komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. What is the purpose of this action? 

III. Background Information Regarding 

Colorado’s Submittal 

IV. EPA’s Evaluation of State’s Submittal 

V. Consideration of Section 110(l) of the CAA 

VI. Proposed Action 


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