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

49173

Vol. 62, No. 182

Friday, September 19, 1997

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 32

RIN: 3150–AF76

License Applications for Certain Items

Containing Byproduct Material

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is resolving a

petition for rulemaking submitted by

mb-microtec, Inc. (PRM–32–4) by

proposing to amend its regulations to

permit the distribution of timepieces

containing gaseous tritium light sources

(GTLS) to be regulated in accordance

with the same requirements as

timepieces containing tritium paint. The

proposed rule would remove from the

regulations the specific requirements for

prototype testing of these products

containing tritium, and provide

guidance for prototype testing in a

separate document. If adopted, this

proposed amendment would simplify

the licensing process for distribution of

certain timepieces containing tritium

and would facilitate the use of a new

technology in self-illuminated

timepieces.

DATES: Submit comments by December

3, 1997. 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: Mail comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001. ATTN: Rulemakings and

Adjudications Staff.

Deliver comments to: 11555 Rockville

Pike, Rockville, Maryland, between 7:45

am and 4:15 pm, Federal workdays.

Examine comments received, the

regulatory analysis, and other

documents related to this rulemaking at

the NRC Public Document Room, 2120

L Street NW., (Lower Level),

Washington, DC.

You may also provide comments via

the NRC’s interactive rulemaking

website through the NRC home page

(http://www.nrc.gov). This site provides

the availability to upload comments as

files (any format), if your web browser

supports that function. For information

about the interactive rulemaking

website, contact Ms. Carol Gallagher,

301–415–5905; Email CAG@nrc.gov.

Single copies of this proposed

rulemaking may be obtained by written

request or telefax from Mary L. Thomas,

Office of Nuclear Regulatory Research,

U.S. Nuclear Regulatory Commission.

These same documents may also be

viewed and downloaded via the

interactive rulemaking website

established by NRC for this rulemaking.

FOR FURTHER INFORMATION CONTACT:

Mary L. Thomas, Office of Nuclear

Regulatory Research, U.S. Nuclear

Regulatory Commission, Washington DC

20555–0001, telephone 301–415–6230,

telefax 301–415–5389, Email

MLT1@NRC.GOV.

SUPPLEMENTARY INFORMATION:

Background

The Petition for Rulemaking

In a letter dated July 30, 1993, mbmicrotec, Inc. petitioned the NRC to

amend its regulations ‘‘to include

timepieces containing gaseous tritium

light sources (GTLS) on the same

regulatory basis as those with tritium

paint in regard to their distribution

exempt from the requirements of 10 CFR

32.14(d).’’

In the petition, the petitioner stated

the following:

With new technology greater illumination

could be achieved with less radioactivity

than needed for a painted watch but that the

additional requirements to get a GTLS watch

approved for distribution results in

manufacturers not using this technology.

On August 9, 1993, the NRC docketed

the letter as a petition for rulemaking

(Docket No. PRM–32–4). A notice of

receipt of petition for rulemaking was

published for public comment in the

Federal Register on October 29, 1993

(58 FR 52670). No public comments

were received on the notice concerning

the petition.

Current NRC Regulations for Certain

Items Containing Byproduct Material

Section 30.15(a)(1) states that if a

timepiece containing byproduct

material is to be distributed to persons

exempt from the NRC’s licensing

requirements, it may not contain more

than 5 millicuries per hand, not more

than 15 millicuries in the dial, and not

more than 25 millicuries of tritium in

total. Section 32.14(d)(1) contains

overall performance requirements for

the binding of tritium to watch hands,

pointers, and dials, as well as specific

prototype testing requirements for

tritium-painted watch hands, pointers,

and dials. Although 10 CFR 30.15(a)(1)

does not specify a form for tritium in

timepieces, the prototype testing

requirements in 10 CFR 32.14(d)(1)—the

section of the NRC’s regulations under

which a specific license to distribute

watches exempt under 10 CFR

30.15(a)(1) is granted—are only

applicable to timepieces employing

tritium paint.

Watches containing greater than 25

millicuries of tritium in GTLSs may be

distributed to persons exempt from

licensing requirements in accordance

with 10 CFR 30.19, ‘‘Self-luminous

products containing tritium, krypton-85,

or promethium-147,’’ which, unlike 10

CFR 30.15(a)(1), specifies neither a limit

on the amount of tritium that may be

incorporated into self-luminous

products nor the end use of the product.

However, to distribute a self-luminous

watch containing tritium to persons

exempt from licensing requirements in

10 CFR 30.19, a specific license must be

obtained in accordance with 10 CFR

32.22. To manufacture, process,

produce, or initially transfer selfluminous products containing

unrestricted amounts of tritium under

10 CFR 32.22(a)(2), the applicant must

submit detailed information and

analyses concerning the particular

product in order to obtain approval for

distribution. The information required

by 10 CFR 32.22 must be sufficient to

demonstrate that the product meets a

number of specific safety criteria,

including dose criteria for use and

disposal. The application must include

proposed prototype testing procedures,

which must be approved by the NRC.

Further, the evaluations conducted by

both the licensee and the staff, as well

as the prototype testing proposed, apply

to the entire product rather than its
49174 Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Proposed Rules

components. Conversely, approval for

distribution of timepieces containing

less than 25 millicuries of tritium to

persons exempt from licensing

requirements in 10 CFR 30.15(a)(1)(i)

requires a specific license under 10 CFR

32.14, but only requires satisfaction of

the prototype testing requirements

contained in 10 CFR 32.14(d).

Consequently, it is less burdensome

upon a licensee to distribute watches

employing tritium illumination under

10 CFR 32.14 than under 10 CFR 32.22.

Proposed Amendments

The NRC has carefully reviewed the

arguments presented by the petitioner

and is proposing to resolve the petition

by initiating this rulemaking that

incorporates the petition in part. Rather

than revise the specific testing

requirements in the regulations as

proposed by the petitioner to

accommodate both tritium paint and

GTLSs, the NRC is proposing a more

performance-based approach by

removing the existing specific testing

procedures from the regulations.

Guidance on specific prototype testing

procedures will be provided in draft

NUREG–1562, ‘‘Standard Review Plan

for Applications for Licenses to

Distribute Byproduct Material to

Persons Exempt from the Requirements

for an NRC License,’’ which will be

issued for public comment. Further, the

proposed rule would modify but not

change the intent of the existing general

performance standard. This

modification will state that the method

of containment or binding of the

byproduct be such that the radioactive

material will be bound and will not

become detached from the product

under the most severe conditions which

are likely to be encountered in normal

use and handling. By making these

modifications to § 32.14(d), increased

flexibility in the regulations will be

provided and future developments in

technology and design of tritium

illuminated timepieces will be

accommodated. These modifications

will not decrease the level of radiation

protection provided to users of tritium

illuminated timepieces. Also, the

radiation skin dose to an individual

from timepieces containing GTLSs has

been determined to be significantly less,

per millicurie of tritium used, than the

skin dose from timepieces containing

tritium paint.

Rationale

The licensing process is more

burdensome to potential distributors of

timepieces under 10 CFR 30.19 than

under 10 CFR 30.15(a)(1). Changing the

prototype testing requirements in 10

CFR 32.14(d)(1) would simplify the

licensing process for distributors of

timepieces containing small quantities

of tritium in the GTLS form by allowing

them to apply to distribute these

timepieces for use under the same

requirements of the regulations as

timepieces using tritium paint (10 CFR

30.15(a)(1)).

Effects of the Proposed Amendments

The effect of this proposed

amendment would allow distribution of

self-illuminated timepieces that utilize a

new technology (GTLS) under the same

requirements that currently allow

distribution of timepieces using tritium

paint.

Agreement State Compatibility

Under the Atomic Energy Act, certain

regulatory functions are reserved to the

NRC. Among these are the distribution

of products to persons exempt from

licensing, as discussed in 10 CFR part

150. Hence, the proposed rule, if

adopted, would be an NRC Category of

compatibility with regard to the

manufacture and initial distribution of

watches and other products for use.

NRC Category rules address those

regulatory areas which are reserved to

NRC pursuant to the Atomic Energy Act

and 10 CFR part 150.

Environmental Impact: Categorical

Exclusion

The NRC has determined that the

proposed rule is the type of action

described as a categorical exclusion in

10 CFR 51.22(c)(2). Therefore, neither

an environmental impact statement nor

an environmental assessment has been

prepared for this proposed rule.

Paperwork Reduction Act Statement

This proposed rule would reduce the

burden to licensees for GTLS by

allowing them to file an application

under the provisions of section 32.14

rather than under those of section 32.22,

which also requires that the applicant

obtain a registration certificate. The

reduction in burden is estimated to be

21 hours per response. Because the

application requirements contained in

sections 32.14 and 32.22 are not being

substantively changed, no Office of

Management and Budget (OMB)

clearance is required. 10 CFR part 32

requirements are approved by the OMB

approval number 3150–0001.

Public Protection Notification

The NRC may not conduct or sponsor,

and a person is not required to respond

to, an information collection unless it

displays a currently valid OMB control

number.

Regulatory Analysis

The NRC has prepared a draft

regulatory analysis for the proposed

amendment. The analysis examines the

benefits and impacts considered by the

NRC. The draft regulatory analysis is

available for inspection at the NRC

Public Document Room, 2120 L Street

NW. (Lower Level), Washington, DC.

Single copies may be obtained from

Mary L. Thomas, Office of Nuclear

Regulatory Research, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone 301–415–

6230 or e-mail at MLT1@NRC.GOV.

Regulatory Flexibility Certification

As required by the Regulatory

Flexibility Act of 1980, 5 U.S.C. 605(b),

the Commission certifies that this rule

will not have a significant economic

impact upon a substantial number of

small entities. Any small entity subject

to this regulation which determines

that, because of its size, it is likely to

bear a disproportionate adverse

economic impact should notify the

Commission of this in a comment that

indicates the following:

(a) The licensee’s size and how the

regulation would result in a significant

economic burden upon the licensee as

compared to the economic burden on a

larger licensee.

(b) How the regulations could be

modified to take into account the

licensee’s differing needs or capabilities.

(c) The benefits that would accrue, or

the detriments that would be avoided, if

the regulations were modified as

suggested by the licensee.

(d) How the regulation, as modified,

would more closely equalize the impact

of regulations or create more equal

access to the benefits of Federal

programs as opposed to providing

special advantages to any individual or

group.

(e) How the regulation, as modified,

would still adequately protect public

health and safety.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109, does not

apply to this proposed rule, and

therefore, a backfit analysis is not

required because these amendments do

not involve any provisions that would

impose backfits as defined in 10 CFR

50.109(a)(1).

List of Subjects in 10 CFR Part 32

Byproduct material, Criminal

penalties, Labeling, Nuclear materials,

Radiation protection, Reporting and

recordkeeping requirements.

For the reasons set out in the

preamble and under the authority of the
Federal Register / Vol. 62, No. 182 / Friday, September 19, 1997 / Proposed Rules 49175

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

amendment to 10 CFR Part 32.

PART 32—SPECIFIC DOMESTIC

LICENSES TO MANUFACTURE OR

TRANSFER CERTAIN ITEMS

CONTAINING BYPRODUCT MATERIAL

1. The authority citation for Part 32

continues to read as follows:

Authority: Secs. 81, 161, 183, 186, 68 Stat.

935, 948, 953, 954, as amended, (42 U.S.C.

2111, 2201, 2232, 2233); sec. 201, 88 Stat.

1242, as amended, (42 U.S.C. 5841).

2. In § 32.14, paragraph (d) is revised

to read as follows:

§ 32.14 Certain items containing

byproduct material; requirements for

license to apply or initially transfer.

* * * * *

(d) The Commission determines that:

(1) The method of containment or

binding of the byproduct material in the

product is such that the radioactive

material will be bound and will not

become detached from the product

under the most severe conditions which

are likely to be encountered in normal

use and handling.

(2) Prototype tests for automobile lock

illuminators are prescribed by 10 CFR

32.40, Schedule A.

Dated at Rockville, Maryland, this 15th day

of September, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–24913 Filed 9–18–97; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

Proposed Airworthiness Standards for

Acceptance Under the Primary

Category Rule

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Request for comments.

SUMMARY: This notice requests

comments on proposed airworthiness

standards for acceptance of the

Dragonfly Model 333 helicopter under

14 CFR 21.17(f), designation of

applicable regulations for primary

category aircraft.

DATES: Comments must be received on

or before October 20, 1997.

ADDRESSES: Send all comments to the

FAA, Rotorcraft Directorate, Aircraft

Certification Service, Rotorcraft

Standards Staff, Fort Worth, Texas

76193–0110.

FOR FURTHER INFORMATION CONTACT:

Scott Horn, Aerospace Engineer,

Rotorcraft Standards Staff (ASW–110),

Rotorcraft Directorate, Aircraft

Certification Service, FAA; telephone

number (817) 222–5125, fax number

(817) 222–5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite interested parties to submit

comments on the proposed

airworthiness standards to the address

specified above. The FAA will consider

all communications received on or

before the closing date before issuing

the final acceptance. The proposed

airworthiness standards and comments

received may be inspected at the FAA,

Rotorcraft Directorate, Aircraft

Certification Service, Rotorcraft

Standards Staff, 2601 Meacham Blvd.,

Fort Worth, TX 76137, between the

hours of 7:30 a.m. and 4:00 p.m.

weekdays, except Federal holidays.

Background

The ‘‘primary’’ category for aircraft

was created specifically for the simple,

low performance personal aircraft.

Section 21.17(f) provides a means for

applicants to propose airworthiness

standards for their particular primary

category aircraft. The FAA procedure

establishing appropriate airworthiness

standards includes reviewing and

possibly revising the applicants

proposal, publication of the submittal in

the Federal Register for public review

and comment, and addressing the

comments. After all necessary revisions,

the standards are published as approved

FAA airworthiness standards.

Accordingly, the applicant has

submitted a request to the FAA to

include the Italian airworthiness

authority’s very light rotorcraft (VLR)

rules as part of the primary category

rotorcraft rules. The requester justifies

this request by noting that the Italian

airworthiness authority has approved

the applicant’s aircraft in Italy under the

VLR rules. The FAA has considered the

applicant’s proposal and has

determined that those 14 CFR part 27

and 33 requirements equivalent to the

Italian VLR rules and certain additional

airworthiness standards should apply.

Proposed Airworthiness Standards for

Acceptance Under the Primary

Category Rule (PCR)

PCR.1 Applicability

(a) This document prescribes

airworthiness standards for the issue of

a type certificate and changes to that

type certificate for the Dragon Fly Model

333, a Primary Category rotorcraft and

its engine.

(b) Each person who applies under

part 21 for a change to this certificate

must show compliance with these

requirements.

27.2(a), (b), and (c); 27.21; 27.25(a) and

(b); 27.27; 27.29; 27.31; 27.33; 27.45(a),

(b), (c), and (d); 27.51; 27.71;

27.73(a)(1)(i), (a)(1)(iii), and (a)(2)(i);

27.75(a)(1), (a)(2)(i), and (a)(3); 27.79(a),

and (b)(1); 27.141(a), (b)(2), and (b)(3);

27.143(a), (b), (d), and (e);

PCR.143(c) A wind direction and

velocity must be established in which

the rotorcraft can be operated without

loss of control on or near the ground in

any maneuver appropriate to the type

including crosswind takeoffs, sideward

flight, and rearward flight with—

(1) Critical weight;

(2) Critical center of gravity;

(3) Critical rotor RPM and

(4) Altitude, from standard sea level

conditions to the maximum altitude

capability of the rotorcraft or 7000 feet,

whichever is less.

27.151; 27.161; 27.171; 27.173; 27.175;

27.177; 27.231; 27.235; 27.239; 27.241;

27.251; 27.301; 27.305; 27.307; 27.309;

27.321; 27.337; 27.339; 27.341; 27.351;

27.361; 27.391; 27.395; 27.397; 27.399;

27.411; 27.427; 27.471; 27.473; 27.475;

27.477; 27.479; 27.481; 27.483; 27.485;

27.493; 27.497; 27.501; 27.505; 27.521;

27.547; 27.549; 27.561(a), (b)(1), and (c);

PCR.561(b)(2) Each occupant and

each item of mass inside the cabin that

could injure an occupant is restrained

when subjected to the following

ultimate inertial load factors relative to

the surrounding structure: (i) Upward—

3g. (ii) Forward—9g. (iii) Sideward—3g.

(iv) Downward—9g.

27.571(a), (b), and (c); 27.601; 27.603;

27.605; 27.607; 27.609; 27.611;

27.613(a);

PCR.613(b) The design values must

be so chosen that the probability of any

structure being understrength because of

material variations is extremely remote.

(c) Values contained in MIL–HDBK–5,

MIL–HDBK–17 Part I, ANC–17 Part II,

ANC–18, MIL–HDBK–23 Part I, and

ANC–23 Part II must be used unless

shown to be inapplicable in a particular

case.

(d) The strength, detail design, and

fabrication of the structure must

minimize the probability of disastrous

fatigue failure.

27.619; 27.621; 27.623; 27.625;

PCR.625(d) Each seat and safety belt

with harness attachment to the structure

must be shown by analysis, tests, or