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

20962 

Vol. 72, No. 81 

Friday April 27, 2007 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 71 

[Docket No. PRM–71–13] 

Christine O. Gregoire, Governor of the 

State of Washington; Receipt of 

Petition for Rulemaking 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; notice 

of receipt. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is publishing for 

public comment a notice of receipt of a 

petition for rulemaking, dated January 

25, 2007, which was filed with the 

Commission by Christine O. Gregoire, 

Governor of the State of Washington. 

The petition was docketed by the NRC 

on March 15, 2007, and has been 

assigned Docket No. PRM–71–13. The 

petitioner requests that the NRC adopt 

the use of global positioning satellite 

(GPS) tracking as a national requirement 

for mobile or portable uses of highly 

radioactive sources. The petitioner 

states that another alternative is for the 

Commission to grant states the 

flexibility to impose more stringent 

requirements than those required under 

current NRC regulations. 

DATES: Submit comments by July 11, 

2007. Comments received after this date 

will be considered if it is practical to do 

so, but the Commission is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

on this petition by any one of the 

following methods. Please include 

PRM–71–13 in the subject line of your 

comments. Comments on petitions 

submitted in writing or in electronic 

form will be made available for public 

inspection. Because your comments will 

not be edited to remove any identifying 

or contact information, the NRC 

cautions you against including any 

information in your submission that you 

do not want to be publicly disclosed. 

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 petition may be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), Room 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, may 

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/reading-rm/ 

adams.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 PDR 

Reference staff at 1–800–397–4209, 301– 

415–4737 or by e-mail to pdr@nrc.gov. 

A copy of the petition can be found 

in ADAMS under accession number 

ML070810940. A paper copy of the 

petition may be obtained by contacting 

Betty Golden, Office of Administration, 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

301–415–6863, toll-free 1–800–368– 

5642, or by e-mail bkg2@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Lesar, Chief, Rulemaking, 

Directives and Editing Branch, Division 

of Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Telephone: 301–415–7163 or tollfree: 1–800–368–5642. 

SUPPLEMENTARY INFORMATION: 

Petitioner’s Request 

The petitioner requests that the NRC 

adopt the use of global positioning 

satellite (GPS) tracking as a national 

requirement for mobile or portable uses 

of highly radioactive sources. The 

petitioner also states that an alternative 

is for the Commission to grant states the 

flexibility to impose more stringent 

requirements than those required under 

current NRC regulations. The petitioner 

believes that allowing states to do so 

would clear the way for individual 

states to set GPS requirements as 

needed. 

Background 

The petitioner believes that GPS 

technology is an effective and relatively 

inexpensive tool that will help when a 

vehicle with radioactive material is 

missing. The petitioner stated that a 

source in a portable gauge was quickly 

recovered because the licensee had 

provided a cellular phone with a GPS 

tracking feature to its operator. When 

the operator did not return with the 

portable gauge, the licensee was able to 

locate the cell phone, the operator, the 

truck, and the portable gauge. The 

petitioner further states that if a device 

as small as a cell phone can be GPSenabled, certainly a truck or even a 

radiography device can be similarly 

equipped. 

The petitioner states that in August 

2006, a truck containing an industrial 

radiography source was stolen in 

Everett, Washington. The truck and its 

highly radioactive contents were 

recovered quickly, but it took significant 

efforts by Federal, state and local law 

enforcement agencies. The petitioner 

further states that this event and a 

similar occurrence in Garland, Texas, 

illustrate that better systems are needed 

to recover stolen vehicles that transport 

highly radioactive materials. The 

petitioner notes that the State of 

Washington cannot require licensees or 

any other out-of-state licensee to install 

GPS devices in its vehicles because of 


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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Proposed Rules 20963 

the NRC rules on compatibility and the 

potential effect on interstate commerce. 

Therefore, the petitioner requests that 

NRC consider adopting the use of GPS 

tracking as a national requirement for 

mobile or portable uses of highly 

radioactive sources. The petitioner 

further notes that a possible alterative 

would be to grant states the flexibility 

to impose more stringent requirements 

than those required under current NRC 

regulations. 

The petitioner acknowledges that 

requiring a GPS on these vehicles does 

not ensure that the radiological source 

will be found. However, the petitioner 

believes that these suggestions would 

give law enforcement a significant 

advantage. 

Dated at Rockville, Maryland, this 20th day 

of April 2007. 

For the Nuclear Regulatory Commission. 

Andrew L. Bates, 

Acting Secretary of the Commission. 

[FR Doc. E7–8094 Filed 4–26–07; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27519; Directorate 

Identifier 2007–NE–09–AD] 

RIN 2120–AA64 

Airworthiness Directives; SICMA Aero 

Seat 50XXX Passenger Seats 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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: 

A release of smoke was experienced in the 

passenger compartment during flight after an 

overheating of a reading lights power box of 

a PN 5039201–4T SICMA seat. An analysis 

put into evidence that this overheating was 

caused by a short-circuit produced by the 

rupture of an electrical power supply 

component (PN 78147–B). It has been noticed 

that this power supply is not in compliance 

with DO 160 environmental standard. 

The short circuiting could result in 

arcing and consequent smoke or fire. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by May 29, 2007. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web Site: Go to 

http: 

//dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• 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. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket on 

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

person at the Docket Management 

Facility 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 Office (telephone (800) 647–

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Lee, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine and Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA 01803; e-mail: 

Jeffrey.lee@faa.gov; telephone (781) 

238–7161; fax (781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 

unsafe conditions on U.S.-certificated 

products. 

This proposed AD references the 

MCAI and related service information 

that we considered in forming the 

engineering basis to correct the unsafe 

condition. The proposed AD contains 

text copied from the MCAI and for this 

reason might not follow our plain 

language principles. 

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. 

FAA–2007–27519; Directorate Identifier 

2007–NE–09–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:// 

dms.dot.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 Direction Generale De L’Aviation 

Civile (DGAC), which is the aviation 

authority for France, has issued French 

Airworthiness Directive F–2005–135, 

dated August 3, 2005, (EASA reference 

number 2005–6123) (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

A release of smoke was experienced in the 

passenger compartment during flight after an 

overheating of a reading lights power box of 

a PN 5039201–4T SICMA seat. An analysis 

put into evidence that this overheating was 

caused by a short-circuit produced by the 

rupture of an electrical power supply 

component (PN 78147–B). It has been noticed 

that this power supply is not in compliance 

with DO 160 environmental standard. 

The short circuiting could result in 

arcing and consequent smoke or fire. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

SICMA Aero Seat has issued Service 

Bulletin No. 50–25–210, dated June 27, 

2005. The actions described in this 

service information 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 


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