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

63825

Vol. 62, No. 232

Wednesday, December 3, 1997

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 50 and 70

RIN 3150–AF87

Criticality Accident Requirements

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule with

opportunity to comment.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to provide light-water

nuclear power reactor licensees with

greater flexibility in meeting the

requirement that licensees authorized to

possess more than a small amount of

special nuclear material (SNM) maintain

a criticality monitoring system in each

area where the material is handled,

used, or stored. This action is taken as

a result of the experience gained in

processing and evaluating a number of

exemption requests from power reactor

licensees and NRC’s safety assessments

in response to these requests that

concluded that the likelihood of

criticality was negligible.

EFFECTIVE DATE: The final rule is

effective February 17, 1998, unless

significant adverse comments are

received by January 2, 1998. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Mail comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemaking and

Adjudications Staff.

Hand deliver comments to 11555

Rockville Pike, Maryland, between 7:30

am and 4:15 pm on Federal workdays.

Copies of any comments received may

be examined at the NRC Public

Document Room, 2120 L Street NW.

(Lower Level), Washington, DC.

For information on submitting

comments electronically, see the

discussion under Electronic Access in

the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Stan

Turel, Office of Nuclear Regulatory

Research, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, telephone (301) 415–6234, e-mail

spt@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Commission

(NRC) is amending its regulations to

provide persons licensed to construct or

operate light-water nuclear power

reactors with the option of either

meeting the criticality accident

requirements of paragraph (a) of 10 CFR

70.24 in handling and storage areas for

SNM, or electing to comply with certain

requirements that would be

incorporated into 10 CFR Part 50. These

are generally the requirements that the

NRC has used to grant specific

exemptions to the requirements of 10

CFR 70.24. In addition, the NRC is

revising the current text of the section

relating to seeking specific exemptions

from regulations in 10 CFR 70.24(d)

which provided that a licensee could

seek an exemption to all or part of 10

CFR 70.24 for good cause because it is

redundant to 10 CFR 70.14(a). A

modified 10 CFR 70.24(d) is being

added to provide that the requirements

in paragraph (a) through (c) of 10 CFR

Part 70.24 do not apply to holders of a

construction permit or operating license

for a nuclear power reactor issued

pursuant to 10 CFR Part 50, or

combined licenses issued under 10 CFR

Part 52, if the holders comply with the

requirements of 10 CFR 50.68 (b).

The Commission’s regulations in 10

CFR 70.24 require that each licensee

authorized to possess more than a small

amount of SNM maintain a criticality

monitoring system ‘‘using gamma- or

neutron-sensitive radiation detectors

which will energize clearly audible

alarm signals if accidental criticality

occurs’’ in each area in which such

material is handled, used, or stored. The

regulation also specifies sensitivity

requirements for these monitors and

details the training that licensees must

conduct in connection with criticality

monitor alarms. The purpose of this

section is to ensure that if a criticality

were to occur during the handling of

SNM, personnel would be alerted and

would take appropriate action.

Most nuclear power plant licensees

were granted exemptions from 10 CFR

70.24 during the construction of their

plants as part of the 10 CFR Part 70

license issued to permit the receipt of

the initial core. Generally, these

exemptions were not explicitly renewed

when the 10 CFR Part 50 operating

license, which now contained the

combined Part 50 and Part 70 authority,

was issued. The requirements in 10 CFR

70.24 prescribe the attributes required of

the monitoring and alarm system.

Compliance with these requirements

may be unnecessary for commercial

power reactors where the conditions

which could lead to a criticality event

are so unlikely that the probability of

occurrence of an inadvertent criticality

is negligible. The NRC anticipated that

the regulation might be unnecessary for

some licensees and included in 10 CFR

70.24(d) an invitation to any licensee to

seek an exemption to the entire section

or part of the section for good cause. A

large number of exemption requests

have been submitted by power reactor

licensees and approved by the NRC

based on safety assessments which

concluded that the likelihood of

criticality was negligible. Because of the

experience gained in processing these

exemption requests, the NRC concluded

that the regulations should be amended

to provide this flexibility without

requiring licensees to go through the

exemption process.

Discussion

At a commercial nuclear power plant,

the reactor core, the fresh fuel delivery

area, the fresh fuel storage area, the

spent fuel pool, and the transit areas

among these, are areas where amounts

of SNM sufficient to cause a criticality

exist. In addition, SNM may be found in

laboratory and storage locations of these

plants, but an inadvertent criticality is

not considered credible in these areas

due to the amount and configuration of

the SNM. The SNM that could be

assembled into a critical mass at a

commercial nuclear power plant is only

in the form of nuclear fuel. Nuclear

power plant licensees have procedures

and the plants have design features to

prevent inadvertent criticality. The

inadvertent criticality that 10 CFR 70.24

is intended to address could only occur

during fuel-handling operations.
63826 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

In contrast, at fuel fabrication

facilities SNM is found and handled

routinely in various configurations in

addition to fuel. Although the handling

of SNM at these facilities is controlled

by procedures, the variety of forms of

SNM and the frequency with which it

is handled provides greater opportunity

for an inadvertent criticality than at a

nuclear power reactor.

At power reactor facilities with

uranium fuel nominally enriched to no

greater than five (5.0) percent by weight,

the SNM in the fuel assemblies cannot

go critical without both a critical

configuration and the presence of a

moderator. Further, the fresh fuel

storage array and the spent fuel pool are

in most cases designed to prevent

inadvertent criticality, even in the

presence of an optimal density of

unborated moderator. Inadvertent

criticality during fuel handling is

precluded by limitations on the number

of fuel assemblies permitted out of

storage at the same time. In addition,

General Design Criterion (GDC) 62 in

Appendix A to 10 CFR Part 50

reinforces the prevention of criticality in

fuel storage and handling through

physical systems, processes, and safe

geometrical configuration. Moreover,

fuel handling at power reactor facilities

occurs only under strict procedural

control. Therefore, the NRC considers a

fuel-handling accidental criticality at a

commercial nuclear power plant to be

extremely unlikely. The NRC believes

the criticality monitoring requirements

of 10 CFR 70.24 are unnecessary as long

as design and administrative controls

are maintained.

Because the NRC considers an

inadvertent criticality to be unlikely at

a nuclear power reactor, by this

rulemaking it is granting nuclear power

reactor licensees a choice—either meet

the criticality monitoring requirements

of 10 CFR 70.24 or in lieu of those

criticality monitoring requirements meet

certain criteria related to procedures,

plant design, and fuel enrichment.

These criteria are incorporated into

section 50.68(b) of 10 CFR Part 50 by

this direct final rule.

The three changes in the requirements

are as follows:

(1) Section 50.68(a) provides that each

holder of a construction permit or

operating license for a nuclear power

reactor issued under Part 50, or a

combined license for a nuclear power

reactor issued under Part 52 shall

comply with either 10 CFR 70.24 or the

seven requirements in section 50.68(b).

(2) Section 50.68(b) provides that each

licensee as described in 50.68(a) shall

comply with the seven listed

requirements in lieu of maintaining a

monitoring system capable of detecting

a criticality as described in 10 CFR

70.24.

(3) The revised section 70.24(d)

provides that the requirements in 10

CFR 70.24 (a) through (c) do not apply

to holders of a construction permit or

operating license for a nuclear power

reactor issued pursuant to 10 CFR Part

50, or combined licenses issued under

10 CFR Part 52, if the holders comply

with the requirements of paragraph (b)

of 10 CFR 50.68.

Procedural Background

Because NRC considers these

amendments to its rules to be

noncontroversial and routine, public

comment on these amendments is

unnecessary. The amendments to the

rules will become effective on February

17, 1998. However, if the NRC receives

significant adverse comments on the

companion proposal published

concurrently in the proposed rules

section of this Federal Register by

January 2, 1998, then the NRC will

publish a document that withdraws this

action and will address the comments

received in response to the

amendments. Such comments will be

addressed in a subsequent final rule.

The NRC will not initiate a second

comment period on this action.

Findings

Upon review of this rulemaking, that

the changes and additions addressed by

this rulemaking do not significantly

affect the environmental cost-benefit

balance that otherwise would justify the

licensing of a light-water nuclear power

reactor. The basis for this finding is that

this rule is a codification of practices in

place and does not significantly affect

the cost-benefit balance for a light-water

reactor.

Metric Policy

On October 7, 1992, the Commission

published its final Policy Statement on

Metrication. According to that policy,

after January 7, 1993, all new

regulations and major amendments to

existing regulations were to be

presented in dual units. The new

addition and amendment to the

regulations contain no units.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

proposed regulation is the type of action

described in categorical exclusion 10

CFR 51.22(c)(3). Therefore neither an

environmental impact statement nor an

environmental assessment has been

prepared for this proposed regulation.

Electronic Access

You may also provide comments via

the NRC’s interactive rulemaking web

site 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 site,

contact Ms. Carol Gallagher, (301) 415–

6215; e-mail CAG@nrc.gov.

Paperwork Reduction Act Statement

This direct 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 3150–0009 and 3150–

0011.

Public Protection Notification

If 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.

Regulatory Analysis

The structure of the current 10 CFR

70.24 is overly broad and places burden

on a licensee to identify those areas or

operations at its facility where the

requirements are unnecessary, and to

request an exemption if the licensee has

sufficient reason to be relieved from the

requirements. This existing structure

has the potential to result in a large

number of recurring exemption

requests.

To relieve the burden on power

reactor licensees of applying for, and the

burden on the staff of granting recurring

exemptions, this amendment permits

power reactor facilities with nominal

fuel enrichments no greater than 5

weight percent U–235 to be excluded

from the scope of 10 CFR 70.24,

provided they meet specific

requirements being added to 10 CFR

Part 50. This amendment is a result of

the experience gained in processing and

evaluating a number of exemption

requests from power reactor licensees

and NRC’s safety assessments in

response to these requests that

concluded that the likelihood of

criticality was negligible.

The only other viable option to this

amendment is for the NRC to do nothing

and allow the licensees to continue

requesting exemptions. If nothing is

done, the licensees will continue to

incur the costs of submitting

exemptions and NRC will incur the

costs of reviewing them. Under this

rule, an easing of burden on the part of
Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations 63827

licensees results by their not having to

request exemptions. Similarly, the NRC

will not need to review and evaluate

these exemption requests, resulting in

an easing of burden for the NRC.

This rule is not a mandatory

requirement, but an easing of burden

action which results in regulatory

efficiency. Also, the rule does not

impose any additional costs on

licensees, has no negative impact on the

public health and safety, but will

provide certain licensees savings, and

savings to the NRC as well. Hence, the

rule is shown to be cost beneficial.

The foregoing constitutes the

regulatory analysis for this final rule.

Regulatory Flexibility Certification

In accordance with the Regulatory

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

the Commission hereby certifies that

this rule, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

This rule affects only the licensees of

nuclear power plants. These licensees,

companies that are dominant in their

service areas, do not fall within the

scope of the definition of ‘‘small

entities’’ set forth in the Regulatory

Flexibility Act, 5 U.S.C. 601, or the size

standards adopted by the NRC (10 CFR

2.810).

Backfit Analysis

The Commission has determined that

a backfit analysis is not needed. This

rule is a codification of practices in

place by the NRC and is not a

modification of or addition to systems,

structures, components, or design of a

facility; or the design approval or

manufacturing license for a facility; or

the procedures of organization required

to design, construct or operate a facility;

any of which may result from a new or

amended provision in the Commission

rules or the imposition of a regulatory

staff position interpreting the

Commission rules that is either new or

different from a previously applicable

NRC staff position (10 CFR Chapter I).

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness 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

10 CFR Part 50

Antitrust, Classified information,

Criminal penalties, Fire prevention,

Intergovernmental relations, Nuclear

power plants and reactors, Radiation

protection, Reactor siting criteria,

Reporting and recordkeeping

requirements.

10 CFR Part 70

Criminal penalties, Hazardous

materials transportation, Material

control and accounting, Nuclear

materials, Packaging and containers,

Radiation protection, Reporting and

recordkeeping requirements, Scientific

equipment, Security measures, Special

nuclear material.

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 National

Environmental Policy Act of 1969, as

amended, and 5 U.S.C. 553, the NRC is

adopting the following amendments to

10 CFR Parts 50 and 70.

PART 50—DOMESTIC LICENSING OF

PRODUCTION AND UTILIZATION

FACILITIES

1. The authority citation for 10 CFR

Part 50 continues 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, as amended by

Pub. L. 102–486, sec. 2902, 106 Stat. 3123,

(42 U.S.C. 5851). Sections 50.10 also issued

under secs. 101, 185, 68 Stat. 936, 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).

2. Section 50.68 is added under the

center heading ‘‘Issuance, Limitations,

and Conditions of Licenses and

Construction Permits’’ to read as

follows:

§ 50.68 Criticality accident requirements.

(a) Each holder of a construction

permit or operating license for a nuclear

power reactor issued under this part, or

a combined license for a nuclear power

reactor issued under part 52 of this

chapter shall comply with either 10 CFR

70.24 of this chapter or requirements in

paragraph (b).

(b) Each licensee shall comply with

the following requirements in lieu of

maintaining a monitoring system

capable of detecting a criticality as

described in 10 CFR 70.24:

(1) Plant procedures may not permit

handling and transportation at any one

time of more fuel assemblies than have

been determined to be safely subcritical

under the most adverse moderation

conditions feasible by unborated water.

(2) The estimated ratio of neutron

production to neutron absorption and

leakage (k-effective) of the fresh fuel in

the fresh fuel storage racks shall be

calculated assuming the racks are

loaded with fuel of the maximum

permissible U–235 enrichment and

flooded with pure water and must not

exceed 0.95, at a 95 percent probability,

95 percent confidence level.

(3) If optimum moderation of fresh

fuel in the fresh fuel storage racks

occurs when the racks are assumed to be

loaded with fuel of the maximum

permissible U–235 enrichment and

filled with low-density hydrogenous

fluid, the k-effective corresponding to

this optimum moderation must not

exceed 0.98, at a 95 percent probability,

95 percent confidence level.

(4) If no credit for soluble boron is

taken, the k-effective of the spent fuel

storage racks loaded with fuel of the

maximum permissible U–235

enrichment must not exceed 0.95, at a

95 percent probability, 95 percent

confidence level, if flooded with pure

water. If credit is taken for soluble

boron, the k-effective of the spent fuel

storage racks loaded with fuel of the

maximum permissible U–235

enrichment must not exceed 0.95, at a

95 percent probability, 95 percent

confidence level, if flooded with borated

water, and the k-effective must remain

below 1.0 (subcritical), at a 95 percent

probability, 95 percent confidence level,

if flooded with pure water.

(5) The quantity of SNM, other than

nuclear fuel stored on site, is less than

the quantity necessary for a critical

mass.

(6) Radiation monitors, as required by

GDC 63, are provided in storage and

associated handling areas when fuel is

present to detect excessive radiation

levels and to initiate appropriate safety

actions.
63828 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Rules and Regulations

(7) The maximum nominal U–235

enrichment of the fresh fuel assemblies

is limited to no greater than five (5.0)

percent by weight.

PART 70—DOMESTIC LICENSING OF

SPECIAL NUCLEAR MATERIAL

1. The authority citation for 10 CFR

Part 70 continues to read as follows:

Authority: Secs. 51, 53, 161, 182, 183, 68

Stat. 929, 930, 948, 953, 954, as amended,

sec. 234, 83 Stat. 444, as amended, sec. 1701,

106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071,

2073, 2201, 2232, 2233, 2282, 2297f); secs.

201, as amended, 202, 204, 206, 88 Stat.

1242, as amended, 1244, 1245, 1246, (42

U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued

under secs. 135, 141, Pub. L. 97–425, 96 Stat.

2232, 2241 (42 U.S.C. 10155, 10161). Section

70.7 also issued under Pub. L. 95–601, sec.

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

70.21(g) also issued under sec. 122, 68 Stat.

939 (42 U.S.C. 2152). Section 70.31 also

issued under sec. 57d, Pub. L. 93–377, 88

Stat. 475 (42 U.S.C. 2077). Sections 70.36 and

70.44 also issued under sec. 184, 68 Stat. 954,

as amended (42 U.S.C. 2234).

Section 70.61 also issued under secs. 186,

187, 68 Stat. 955 (42 U.S.C. 2236, 2237).

Section 70.62 also issued under sec. 108, 68

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

2. In § 70.24, paragraph (d) is revised

to read as follows:

§ 70.24 Criticality accident requirements.

* * * * *

(d) The requirements in paragraph (a)

through (c) of this section do not apply

to holders of a construction permit or

operating license for a nuclear power

reactor issued pursuant to part 50 of this

chapter, or combined licenses issued

under part 52 of this chapter, if the

holders comply with the requirements

of paragraph (b) of 10 CFR 50.68 of this

chapter.

Dated at Rockville, Maryland this 14th day

of November, 1997.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 97–31733 Filed 12–2–97; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–CE–99–AD; Amendment 39–

10229; AD 96–24–17 R1]

RIN 2120–AA64

Airworthiness Directives; The Don

Luscombe Aviation History Foundation

Models 8, 8A, 8B, 8C, 8D, 8E, 8F, T–8F

Airplanes; Correction

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; correction.

SUMMARY: This document clarifies

information in airworthiness directive

(AD) 96–24–17, which applies to Don

Luscombe Aviation History Foundation

(Luscombe) Models 8, 8A, 8B, 8C, 8D,

8E, 8F, T–8F airplanes. AD 96–24–17

currently requires installing new

inspection holes, modifying the wing tip

fairings, and inspecting the wing spars

for intergranular corrosion. The actions

specified in AD 96–24–17 are intended

to prevent wing spar failure from

intergranular corrosion, which could

result in structural failure of the wings

and loss of control of the airplane. The

AD was published with an Appendix

providing an alternative method of

compliance. Since issuance of AD 96–

24–17, the FAA has re-examined the

Appendix and has determined that

clarification of certain inspections

procedures is needed. This action

clarifies the procedures specified in the

Appendix of AD 96–24–17.

DATES: Effective January 27, 1997.

The incorporation by reference of the

Don Luscombe Aviation History

Foundation Recommendation #2, dated

December 15, 1993, revised November

21, 1995, as listed in the regulations,

was previously approved by the Director

of the Federal Register as of January 27,

1997 (61 FR 66900, December 19, 1996).

FOR FURTHER INFORMATION CONTACT: Mr.

Sol Davis, Aerospace Engineer, Los

Angeles Aircraft Certification Office,

FAA, 3960 Paramount Boulevard,

Lakewood, California 90712; telephone

(562) 627–5233; facsimile (562) 627–

5210.

SUPPLEMENTARY INFORMATION:

Discussion

On November 25, 1996, the FAA

issued AD 96–24–17, Amendment 39–

9841 (61 FR 66900, December 19, 1996),

which applies to Luscombe Models 8,

8A, 8B, 8C, 8D, 8E, 8F, T–8F airplanes.

This AD currently requires installing a

total of four additional wing inspection

holes in the metal covered wings to

assist in conducting a more thorough

examination of the wing spars,

modifying the wing tip fairing so that it

is removable, and providing easier

access to the interior of the wings. A one

time inspection for intergranular

corrosion is required for both metal

covered and fabric covered wings on

these Luscombe 8 series airplanes in the

areas of the front and rear spar

extrusions of the wing installations.

Need for the Correction

AD 96–24–17 was published with an

Appendix that provided an alternative

method of compliance. The FAA has

received reports that certain portions of

the Appendix need clarification.

Therefore, the FAA re-examined the

procedures specified in the Appendix

and has clarified items 2, 4, 6, 7, and 8,

as well as clarifying a note regarding

additional wing support.

Correction of Publication

This document clarifies the Appendix

to AD 96–24-17, and adds the AD as an

amendment to § 39.13 of the Federal

Aviation Regulations (14 CFR 39.13).

The AD, as corrected, is being printed

in its entirety for the convenience of

affected operators. The effective date of

the AD remains January 27, 1997, which

is the effective date of the AD as

originally issued.

Since this action only clarifies the

Appendix instructions, it has no adverse

economic impact and imposes no

additional burden on any person.

Therefore, the FAA has determined that

prior notice and opportunity for public

comment are unnecessary.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the Correction

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13, is amended by

removing Airworthiness Directive (AD)

96–24–17, Amendment 39–9841 (61 FR