20716 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

definitions of fuel debris, damaged fuel 

assembly, and non-fuel hardware; and 

Appendix B, Section 2 to the CoC, to 

permit the storage of pressurized water 

reactor fuel assemblies with annular 

fuel pellets in the top and bottom 12 

inches of the active fuel length. Other 

changes are made to incorporate minor 

editorial corrections. The alternative to 

this action is to withhold approval of 

this amended cask system design. 

Withholding approval, in the absence of 

any safety reason for doing so, would 

not comply with the requirements of 

sections 218(a) and 133 of the Nuclear 

Waste Policy Act. 

Approval of the final rule is 

consistent with previous NRC actions. 

Further, the final rule will have no 

adverse effect on public health and 

safety. This final rule has no significant 

identifiable impact or benefit on other 

Government agencies. Based on this 

discussion of the benefits and impacts 

of the alternatives, the NRC concludes 

that the requirements of the final rule 

are commensurate with the NRC’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. 

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 issued, 

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 Holtec International. 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 (10 CFR 50.109 or 10 CFR 

72.62) does not apply to this final rule 

because this amendment does not 

involve any provisions that would 

impose backfits as defined. Therefore, a 

backfit analysis is not required. 

Congressional Review Act 

Under the Congressional Review 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. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Manpower training programs, 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. 552 and 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, 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, 2224 (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 1014 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1014. 

Initial Certificate Effective Date: June 

1, 2000. 

Amendment Number 1 Effective Date: 

July 15, 2002. 

Amendment Number 2 Effective Date: 

June 7, 2005. 

Amendment Number 3 Effective Date: 

May 29, 2007. 

SAR Submitted by: Holtec 

International. 

SAR Title: Final Safety Analysis 

Report for the HI–STORM 100 Cask 

System. 

Docket Number: 72–1014. 

Certificate Expiration Date: June 1, 

2020. 

Model Number: HI–STORM 100. 

* * * * * 

Dated at Rockville, Maryland, this 13th day 

of April, 2007. 

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations. 

[FR Doc. E7–8033 Filed 4–25–07; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27980; Directorate 

Identifier 2007–NM–066–AD; Amendment 

39–15033; AD 2007–09–03] 

RIN 2120–AA64 

Airworthiness Directives; Learjet 

Model 45 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Learjet Model 45 airplanes. This AD 

requires deactivating the auxiliary 

power unit (APU), capping/plugging the 

fuel lines to the APU, and removing the 

APU fuel shutoff valve. This AD results 

from reports of fuel leaking from the 

APU fuel shutoff valve into a flammable 

fluid fire protection area that is also 

interconnected with the main landing 

gear’s wheel well bay. We are issuing 

this AD to prevent fuel leaking from the 

fuel shutoff valve of the APU, which 

could result in an uncontrollable fire 

and adversely affect the airplane’s 

continued safe flight and landing. 

DATES: This AD becomes effective May 

11, 2007. 

The Director of the Federal Register 

approved the incorporation by reference 


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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20717 

of a certain publication listed in the AD 

as of May 11, 2007. 

We must receive comments on this 

AD by June 25, 2007. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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. 

• 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. 

Contact Learjet, Inc., One Learjet Way, 

Wichita, Kansas 67209–2942, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

James P. Galstad, Aerospace Engineer, 

Mechanical Systems and Propulsion 

Branch, ACE–116W, FAA, Wichita 

Aircraft Certification Office, 1801 

Airport Road, Room 100, Mid-Continent 

Airport, Wichita, Kansas 67209; 

telephone (316) 946–4135; fax (316) 

946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received a report indicating 

that there have been 16 occurrences of 

fuel leaking from the fuel shutoff valve 

of the auxiliary power unit (APU), on 

Model 45 airplanes in the field and on 

the production line. Epoxy was used in 

the valve to seal or adhere certain 

components of the valve. The epoxy was 

found to have been improperly prepared 

and/or applied, which allowed fuel to 

leak out through and/or around the 

electrical switch and connector in the 

bottom of the valve. Some valves were 

also found to have internal leaks due to 

fuel-soaked silicone sealant that had 

expanded into the electrical switch’s 

location. The APU’s fuel shutoff valve 

leaks fuel into a flammable fluid fire 

protection area that is also 

interconnected with the main landing 

gear’s wheel well bay. This condition, if 

not corrected, could result in an 

uncontrollable fire, which could 

adversely affect the airplane’s continued 

safe flight and landing. 

Relevant Service Information 

We have reviewed Bombardier Alert 

Service Bulletin A45–49–11, dated 

March 26, 2007. The service bulletin 

describes procedures for deactivating 

the APU, capping/plugging the fuel 

lines to the APU, and removing the APU 

fuel shutoff valve. Deactivating the APU 

also involves attaching inoperative APU 

placards in various locations. The 

service bulletin also describes 

procedures for sending the removed 

APU shutoff valves and compliance 

information to Learjet. 

FAA’s Determination and Requirements 

of This AD 

The unsafe condition described 

previously is likely to exist or develop 

on other airplanes of the same type 

design. For this reason, we are issuing 

this AD to prevent fuel leaking from the 

fuel shutoff valve of the APU, which 

could result in an uncontrolled fire and 

adversely affect the airplane’s continued 

safe flight and landing. This AD requires 

accomplishing the actions specified in 

the service information described 

previously, except as discussed under 

‘‘Differences Between the AD and the 

Service Bulletin.’’

Differences Between the AD and the 

Service Bulletin 

Operators should note that, although 

the Accomplishment Instructions of the 

referenced service bulletin describe 

procedures for returning the APU’s fuel 

shutoff valve to Learjet, this AD does 

not require that action. 

Operators should also note that, 

although the Accomplishment 

Instructions of the referenced service 

bulletin describe procedures for 

submitting a compliance response form 

for recording compliance with the 

service bulletin, this AD does not 

require that action. 

Interim Action 

This AD is considered to be interim 

action. The manufacturer has advised us 

that it currently is developing a 

modification that will address the 

unsafe condition addressed by this AD. 

Once this modification is approved, we 

may consider additional rulemaking. 

FAA’s Determination of the Effective 

Date 

Since an unsafe condition exists that 

requires the immediate adoption of this 

AD, we have found that notice and 

opportunity for public comment before 

issuing this AD are impracticable, and 

that good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2007–27980; Directorate Identifier 

2007–NM–066–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

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 with FAA 

personnel concerning this AD. Using the 

search function of that web site, anyone 

can find and read the comments in any 

of our dockets, including the name of 

the individual who sent the comment 

(or signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78), or you may visit 

http://dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

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 


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20718 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify that the 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 regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2007–09–03 LEARJET: Amendment 39–

15033. Docket No. FAA–2007–27980; 

Directorate Identifier 2007–NM–066–AD. 

Effective Date 

(a) This AD becomes effective May 11, 

2007. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Learjet Model 45 

airplanes, certificated in any category; serial 

numbers 45–005 through 45–321, equipped 

with an auxiliary power unit (APU). 

Unsafe Condition 

(d) This AD results from reports of fuel 

leaking from the APU fuel shutoff valve into 

a flammable fluid fire protection area that is 

also interconnected with the main landing 

gear’s wheel well bay. We are issuing this AD 

to prevent fuel leaking from the fuel shutoff 

valve of the APU, which could result in an 

uncontrollable fire and adversely affect the 

airplane’s continued safe flight and landing. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Deactivation of the APU and Removal of the 

APU Fuel Shutoff Valve 

(f) Within 50 flight hours after the effective 

date of this AD, deactivate the APU, cap/plug 

the fuel lines to the APU, and remove the 

APU fuel shutoff valve, in accordance with 

the Accomplishment Instructions of 

Bombardier Alert Service Bulletin A45–49–

11, dated March 26, 2007. 

Differences From the Service Information 

(g) Although Bombardier Alert Service 

Bulletin A45–49–11, dated March 26, 2007, 

specifies to submit certain information to the 

manufacturer and send the APU fuel shutoff 

valve to Learjet, this AD does not include 

those requirements. 

Special Flight Permit 

(h) 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, provided the APU is 

not used. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

Material Incorporated by Reference 

(j) You must use Bombardier Alert Service 

Bulletin A45–49–11, dated March 26, 2007, 

to perform the actions that are required by 

this AD, unless the AD specifies otherwise. 

The Director of the Federal Register approved 

the incorporation by reference of this 

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

and 1 CFR part 51. Contact Learjet, Inc., One 

Learjet Way, Wichita, Kansas 67209–2942, 

for a copy of this service information. You 

may review copies at the FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington; or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/federalregister/cfr/ibr-locations.html. 

Issued in Renton, Washington, on April 16, 

2007. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E7–7640 Filed 4–25–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26690 Directorate 

Identifier 2006–CE–088–AD; Amendment 

39–15032; AD 2007–09–02] 

RIN 2120–AA64 

Airworthiness Directives; REIMS 

AVIATION S.A. Model F406 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued 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 maintenance, cracks have been 

discovered about the left and right rib at the 

connection of the center wing and the 

fuselage localized at the fuselage station 

FS160.80. Cracks spread in the rib could 

result in structural failure. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

31, 2007. 

On May 31, 2007 the Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., Nassif Building, Room PL–401, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Mike Kiesov, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4144; fax: (816) 

329–4090. 


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