This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

59275

Vol. 62, No. 212

Monday, November 3, 1997

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 13, 32, 50, 51, 55, 60, 72,

and 110

RIN 3150–AF86

Minor Correcting Amendments

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule; Technical

amendment.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to correct several

miscellaneous errors in the Code of

Federal Regulations (CFR). This

document is necessary to inform the

public of these corrective changes to

NRC regulations.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT:

David L. Meyer, Chief, Rules and

Directives Branch, Division of

Administrative Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Telephone (301) 415–7162.

SUPPLEMENTARY INFORMATION: The

Nuclear Regulatory Commission is

amending the regulations in 10 CFR

Parts 13, 32, 50, 51, 55, 60, 72, and 110

to correct several miscellaneous errors

in regulatory text. These changes in CFR

text are necessary because of errors that

occurred in the process of preparing and

printing various rulemaking documents.

Because these are amendments

dealing with agency practice and

procedure, the notice and comment

provisions of the Administrative

Procedure Act do not apply pursuant to

5 U.S.C. 553(b)(A). These amendments

are effective upon publication in the

Federal Register. Good cause exists to

dispense with the usual 30-day delay in

the effective date because the

amendments are of a minor and

administrative nature dealing with

corrections to certain CFR sections.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

final rule is the type of action described

in categorical exclusion 10 CFR

51.22(c)(2). Therefore, neither an

environmental impact statement nor an

environmental assessment has been

prepared for this final rule.

Paperwork Reduction Act Statement

This final rule does not contain a new

or amended information collection

requirement subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). Existing requirements were

approved by the Office of Management

and Budget, approval numbers 3150–

0001, 3150–0011, 3150–0021, 3150–

0018, 3150–00127, 3150–0132, and

3150–0036.

Public Protection Notification

If a document used to impose an

information collection does not display

a currently valid OMB control number,

the NRC may not conduct or sponsor,

and a person is not required to respond

to, the information collection.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109, does not

apply to this final rule and that a backfit

analysis is not required, because these

amendments do not involve any

provisions that would impose backfits

as defined in 10 CFR Chapter I.

List of Subjects

10 CFR Part 13

Claims, Fraud, Organization and

function (government agencies),

Penalties.

10 CFR Part 32

Byproduct material, Criminal

penalties, Labeling, Nuclear materials,

Radiation protection, Reporting and

recordkeeping requirements.

10 CFR Part 50

Antitrust, Classified information,

Criminal penalties, Fire protection,

Intergovernmental relations, Nuclear

power plants and reactors, Radiation

protection, Reactor siting criteria,

Reporting and recordkeeping

requirements.

10 CFR Part 51

Administrative practice and

procedure, Environmental impact

statement, Nuclear materials, Nuclear

power plants and reactors, Reporting

and recordkeeping requirements.

10 CFR Part 55

Criminal penalties, Manpower

training programs, Nuclear power plants

and reactors, Reporting and

recordkeeping requirements.

10 CFR Part 60

Criminal penalties, High-level waste,

Nuclear power plants and reactors,

Nuclear materials, Reporting and

recordkeeping requirements, Waste

treatment and disposal.

10 CFR Part 72

Manpower training programs, Nuclear

materials, Occupational safety and

health, Reporting and recordkeeping

requirements, Security measures, Spent

fuel.

10 CFR Part 110

Administrative practice and

procedure, Classified information,

Criminal penalties, Export, Import,

Intergovernmental relations, Nuclear

materials, Nuclear power plants and

reactors, Reporting and recordkeeping

requirements, Scientific equipment.

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 parts 13, 32, 50,

51, 55, 60, 72, and 110.

PART 13—PROGRAM FRAUD CIVIL

REMEDIES

1. The authority citation for Part 13

continues to read as follows:

Authority: Public Law 99–509, sec. 6101–

6104, 100 Stat. 1874 (31 U.S.C. 3801–3812).

Sections 13.13 (a) and (b) also issued under

section Pub. L. 101–410, 104 Stat. 890, as

amended by section 31001(s), Pub. L. 104–

134, 110 Stat. 1321–373 (28 U.S.C. 2461

note).

§ 13.3 [Amended]

2. In § 13.3(b)(1)(ii), add ‘‘by’’ between

‘‘prescribed’’ and ‘‘law.’’
59276 Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations

PART 32—SPECIFIC DOMESTIC

LICENSES TO MANUFACTURE OR

TRANSFER CERTAIN ITEMS

CONTAINING BYPRODUCT MATERIAL

3. The authority citation for Part 32 is

revised to read as follows:

Authority: Secs. 81, 161, 182, 183, 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).

§ 32.74 [Amended]

4. In § 32.74(a)(3), in the first sentence

‘‘§ 35.58’’ is revised to read ‘‘ § 35.57.’’

PART 50—DOMESTIC LICENSING OF

PRODUCTION AND UTILIZATION

FACILITIES

5. The authority citation for Part 50 is

revised to read as follows:

Authority: Secs. 102, 103, 104, 105, 161,

182, 183, 186, 189, 68 Stat. 936, 937, 938,

948, 953, 954, 955, 956, as amended, sec.

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

2132, 2133, 2134, 2135, 2201, 2232, 2233,

2236, 2239, 2282); secs. 201, as amended,

202, 206, 88 Stat. 1242, as amended, 1244,

1246 (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L. 95–

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

Section 50.10 also issued under secs. 101,

185, 68 Stat. 955 as amended (42 U.S.C. 2131,

2235), sec. 102, Pub. L. 91–190, 83 Stat. 853

(42 U.S.C. 4332). Sections 50.13, 50.54(dd),

and 50.103 also issued under sec. 108, 68

Stat. 939, as amended (42 U.S.C. 2138).

Sections 50.23, 50.35, 50.55, and 50.56 also

issued under sec. 185, 68 Stat. 955 (42 U.S.C.

2235). Sections 50.33a, 50.55a and Appendix

Q also issued under sec. 102, Pub. L. 91–190,

83 Stat. 853 (42 U.S.C. 4332). Sections 50.34

and 50.54 also issued under sec. 204, 88 Stat.

1245 (42 U.S.C. 5844). Sections 50.58, 50.91,

and 50.92 also issued under Pub. L. 97–415,

96 Stat. 2073 (42 U.S.C. 2239). Section 50.78

also issued under sec. 122, 68 Stat. 939 (42

U.S.C. 2152). Sections 50.80–50.81 also

issued under sec. 184, 68 Stat. 954, as

amended (42 U.S.C. 2234). Appendix F also

issued under sec. 187, 68 Stat. 955 (42 U.S.C

2237).

§ 50.2 [Amended]

6. In § 50.2, the definition of ‘‘Electric

Utility,’’ in the second sentence, the

word ‘‘coperatives’’ is revised to read

‘‘cooperatives.’’

§ 50.46 [Amended]

7. In § 50.46(a)(2), the word

‘‘Regulations’’ is revised to read

‘‘Regulation.’’

§ 50.55 [Amended]

8. In § 50.55a(g)(6)(ii)(A)(2), insert ‘‘()’’

around the ‘‘A’’ in the cite

‘‘ § 50.55a(g)(6)(ii)A(3)’’.

§ 50.65 [Amended]

9. In § 50.65(a)(3), in the third

sentence, the first time the word

‘‘preventative’’ appears, it is revised to

read ‘‘preventing’’, in the third sentence,

the second time the word

‘‘preventative’’ appears, it is revised to

read ‘‘preventive’’, and in the fourth

sentence, the word ‘‘preventative’’ is

revised to read ‘‘preventive.’’

PART 51—ENVIRONMENTAL

PROTECTION REGULATIONS FOR

DOMESTIC LICENSING AND RELATED

REGULATORY FUNCTIONS

10. The Authority citation for Part 51

continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as

amended, sec. 1701, 106 Stat. 2951, 2952,

2953, (42 U.S.C. 2201, 2297f); secs. 201, as

amended, 202, 88 Stat. 1242, as amended,

1244 (42 U.S.C. 5841, 5842). Subpart A also

issued under National Environmental Policy

Act of 1969, secs. 102, 104, 105, 83 Stat. 853–

854, as amended (42 U.S.C. 4332, 4334,

4335); and Pub. L. 95–604, Title II, 92 Stat.

3033–3041; and sec. 193, Pub. L. 101–575,

104 Stat. 2835 (42 U.S.C. 2243). Sections

51.20, 51.30, 51.60, 51.61, 51.80, and 51.97

also issued under secs. 135, 141, Pub. L. 97–

425, 96 Stat. 2232, 2241, and sec. 148, Pub.

L. 100–203, 101 Stat. 1330–223 (42 U.S.C.

10155, 10161, 10168). Section 51.22 also

issued under sec. 274, 73 Stat. 688, as

amended by 92 Stat. 3036–3038 (42 U.S.C.

2021) and under Nuclear Waste Policy Act of

1982, sec 121, 96 Stat. 2228 (42 U.S.C.

10141). Sections 51.43, 51.67, and 51.109

also under Nuclear Waste Policy Act of 1982,

sec 114(f), 96 Stat. 2216, as amended (42

U.S.C. 10134(f)).

§ 51.55 [Amended]

11. In § 51.55(a), in the second

sentence, insert the word ‘‘of’’ between

the words ‘‘Office’’ and ‘‘Nuclear.’’

Appendix B to Subpart A [Amended]

12. In Subpart A, Appendix B, Table

B–1 under ‘‘Uranium Fuel Cycle and

Waste Management,’’ in the third

column, second paragraph, fourth

sentence, the word ‘‘does’’ is revised to

read ‘‘dose,’’ and in the third column,

fourth paragraph, last sentence, ‘‘310¥3’’

is revised to read ‘‘3 X 10¥3.’’

PART 55—OPERATORS’ LICENSES

13. The authority citation for Part 55

continues to read as follows:

Authority: Secs. 107, 161, 182, 68 Stat.

939, 948, 953 , as amended, sec. 234, 83 Stat.

444, as amended (42 U.S.C. 2137, 2201, 2232,

2282); secs. 201, as amended, 202, 88 Stat.

1242, as amended, 1244 (42 U.S.C. 5841,

5842).

Sections 55.41, 55.43, 55.45, and 55.59 also

issued under sec. 306, Pub. L. 97–425, 96

Stat. 2262 (42 U.S.C. 10226). Section 55.61

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

(42 U.S.C. 2236, 2237).

§ 55.45 [Amended]

14. In § 55.45(a)(7), the word ‘‘head’’

is revised to read ‘‘heat.’’

PART 60—DISPOSAL OF HIGH-LEVEL

RADIOACTIVE WASTES IN GEOLOGIC

REPOSITORIES

15. The authority citation for Part 60

continues to read as follows:

Authority: Secs. 51, 53, 62, 63, 65, 81, 161,

182, 183, 68 Stat. 929, 930, 932, 933, 935,

948, 953, 954, as amended (42 U.S.C. 2071,

2073, 2092, 2093, 2095, 2111, 2201, 2232,

2233); secs. 202, 206, 88 Stat. 1244, 1246 (42

U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.

95–601, 92 Stat. 2951 (42 U.S.C. 2021a and

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853

(42 U.S.C. 4332); secs. 114, 121, Pub. L. 97–

425, 96 Stat. 2213g, 2228, as amended (42

U.S.C. 10134, 10141), and Pub. L. 102–486,

sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851).

§ 60.111 [Amended]

16. In § 60.111(a), insert the word

‘‘the’’ between the words ‘‘by’’ and

‘‘Environmental.’’

PART 72—LICENSING

REQUIREMENTS FOR THE

INDEPENDENT STORAGE OF SPENT

NUCLEAR FUEL AND HIGH-LEVEL

RADIOACTIVE WASTE

17. The Authority citation for Part 72

is revised 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).

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).

§ 72.54 [Amended]

18. In § 72.54(d), ‘‘§ 72.42(d)’’ is

revised to read ‘‘§ 72.42(b).’’
Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / Rules and Regulations 59277

PART 110—EXPORT AND IMPORT OF

NUCLEAR EQUIPMENT AND

MATERIAL

19. The authority citation for Part 110

continues to read as follows:

Authority: Secs. 51, 53, 54, 57, 63, 64, 65,

81, 82, 103, 104, 109, 111, 126, 127, 128, 129,

161, 181, 182, 183, 187, 189, 68 Stat. 929,

930, 931, 932, 933, 936, 937, 948, 953, 954,

955, 956, as amended (42 U.S.C. 2071, 2073,

2074, 2077, 2092–2095, 2111, 2112, 2133,

2134, 2139, 2139a, 2141, 2154–2158, 2201,

2231–2233, 2237, 2239); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841); sec 5,

Pub. L. 101–575, 104 Stat 2835 (42 U.S.C.

2243).

Sections 110.1(b)(2) and 110.1(b)(3) also

issued under Pub. L. 96–92, 93 Stat. 710 (22

U.S.C. 2403). Section 110.11 also issued

under sec. 122, 68 Stat. 939 (42 U.S.C. 2152)

and secs. 54c and 57d, 88 Stat. 473, 475 (42

U.S.C. 2074). Section 110.27 also issued

under sec. 309(a), Pub. L. 99–440. Section

110.50(b)(3) also issued under sec. 123, 92

Stat. 142 (42 U.S.C. 2153).Section 110.51 also

issued under sec. 184, 68 Stat. 954, as

amended (42 U.S.C. 2234). Section 110.52

also issued under sec. 186, 68 Stat. 955 (42

U.S.C. 2236). Sections 110.80–110.113 also

issued under 5 U.S.C. 552, 554. Sections

110.130–110.135 also issued under 5 U.S.C.

553. Sections 110.2 and 110.42(a)(9) also

issued under sec. 903, Pub. L. 102–496 (42

U.S.C. 2151 et seq.).

§ 110.4 [Amended]

20. In § 110.4, the telephone number

is revised to read ‘‘(301) 415–2344.’’

§ 110.26 [Amended]

21. In § 110.26(a)(2), the words

‘‘South Korea’’ are revised to read

‘‘Republic of Korea.’’

§ 110.52 [Amended]

22. In § 110.52(c), ‘‘subpart J’’ is

revised to read ‘‘subpart I.’’

§ 110.111 [Amended]

23. In § 110.111(f), ‘‘subpart L’’ is

revised to read ‘‘subpart K.’’

Dated at Rockville, Maryland, this 21st day

of October 1997.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 97–28988 Filed 10–31–97; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–90–AD; Amendment 39–

10188; AD 97–23–01]

RIN 2120–AA64

Airworthiness Directives; Fairchild

Aircraft, Inc. SA226 and SA227 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 93–15–02

R2, which currently requires the

following on Fairchild Aircraft, Inc.

(Fairchild Aircraft) SA226 and SA227

series airplanes that are equipped with

a certain Simmonds-Precision pitch trim

actuator: repetitively measuring the

freeplay of the pitch trim actuator and

repetitively inspecting the actuator for

rod slippage; immediately replacing any

actuator if certain freeplay limitations

are exceeded or rod slippage is evident;

and, eventually replacing the actuator

regardless of the inspection results. This

action retains the repetitive inspections

and replacement requirements, adds the

repetitive inspections after the

installation of certain Barber-Coleman

pitch time actuators, and removes the

terminating action. This action is the

result of failure of the no-backs on a

Barber-Colman pitch time actuator

installed on a Fairchild Aircraft SA227

series airplane. The actions specified by

this AD are intended to prevent failure

of the pitch trim actuator, which could

cause loss of control of the airplane.

DATES: Effective December 1, 1997.

The incorporation by reference of

Fairchild Aircraft SA226 Series Service

Letter 226–SL–014, Fairchild Aircraft

SA227 Series Service Letter 227–SL–

031, and Fairchild Aircraft SA227 Series

Service Letter CC7–SL–021, all Issued:

October 3, 1997, is approved by the

Director of the Federal Register as of

December 1, 1997.

The incorporation by reference of

Fairchild Aircraft SA226 Series Service

Letter 226–SL–005, and Fairchild

Aircraft SA227 Series Service Letter

227–SL–011, both Issued: April 8, 1993,

Revised: May 22, 1996, listed in the

regulations was previously approved by

the Director of the Federal Register as of

July 25, 1996 (61 FR 36817, July 15,

1996).

Comments for inclusion in the Rules

Docket must be receive on or before

January 2, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–90–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from Field

Support Engineering, Fairchild Aircraft,

Inc., P.O. Box 790490, San Antonio,

Texas 78279–0490; telephone (210)

824–9421; facsimile (210) 820–8609.

This information may also be examined

at the FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket 97–CE–90–AD, Room 1558, 601

E. 12th Street, Kansas City, Missouri

64106; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Werner Koch, Aerospace Engineer,

FAA, Airplane Certification Office, 2601

Meacham Boulevard, Fort Worth, Texas

76193–0150; telephone (817) 222–5133;

facsimile (817) 222–5960.

SUPPLEMENTARY INFORMATION:

Discussion

Airworthiness Directive (AD) 93–15–

02 R2, Amendment 39–9689 (61 FR

36817, July 25, 1996), currently requires

the following on Fairchild Aircraft

SA226 and SA227 series airplanes that

are equipped with a certain SimmondsPrecision pitch trim actuator:

repetitively measuring the freeplay of

the pitch trim actuator and repetitively

inspecting the actuator for rod slippage;

immediately replacing any actuator if

certain freeplay limitations are exceeded

or rod slippage is evident; and

eventually replacing the actuator

regardless of the inspection results.

Accomplishment of the inspections

required by AD 93–15–02 R2 is in

accordance with Fairchild Aircraft

SA226 Series Service Letter (SL) 226–

SL–005, or Fairchild Aircraft SA227

Series SL 227–SL–011, both Issued:

April 8, 1993, Revised: May 22, 1996.

In addition, AD 93–15–02 R2,

Amendment 39–9689 (61 FR 36817, July

15, 1996), eliminates the initial

inspection and the repetitive inspection

if a Barber-Colman actuator (part

number (P/N) 27–19008–001 or –002 is

installed.

Actions Since Issuance of the Previous

Rule

Since issuance of AD 93–15–02 R2,

the FAA received an incident report of

a failure of a pitch trim actuator

installed on a Fairchild SA227 series

airplane during a landing approach. The

failure was specifically of the no-backs