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

65039

Vol. 62, No. 237

Wednesday, December 10, 1997

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 40

[Docket No. PRM–40–26]

Chromalloy Tallahassee; 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 July 17,

1997, which was filed with the

Commission by Chromalloy Tallahassee.

The petition was docketed by the NRC

on September 11, 1997, and has been

assigned Docket No. PRM–40–26. The

petitioner requests that the NRC amend

its licensing exemptions to establish an

exemption from licensing requirements

to include the M1A1 Battle Tank Engine

AGT 1500 which contains nickelthorium.

DATES: Submit comments by February

23, 1998. 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: Submit written comments

to the Secretary of the Commission, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001, Attention:

Rulemakings and Adjudications Staff.

Hand deliver comments to: 11555

Rockville Pike, Rockville, Maryland,

between 7:45 a.m. and 4:15 p.m. Federal

workdays.

For a copy of the petition, write the

Rules and Directives Branch, Division of

Administrative Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001.

The petition and copies of comments

received may be inspected and copied

for a fee at the NRC Public Document

Room, 2120 L Street, NW. (Lower

Level), Washington, DC.

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 or Toll

Free: 800–368–5642.

SUPPLEMENTARY INFORMATION:

The Petitioner

The petitioner, Chromalloy

Tallahassee (Chromalloy) is a Federal

Aviation Administration approved

Overhaul & Repair facility located in

Florida, which is an NRC Agreement

State. Chromalloy overhauls and repairs

jet engine combustors, one of which has

a component, specifically the JT9D jet

engine, that falls under the exemption

from licensing found in 10 CFR

40.13(c)(8), as adopted by the State of

Florida at Subsection 10D–91.302(3) of

the Florida Administrative Code.

Background

The petitioner is interested in

developing a repair for the M1A1

ABRAMS Main Battle Tank. The M1A1

ABRAMS Main Battle Tank is driven by

the AGT 1500 Gas Turbine Engine. The

hot section or combustor of the AGT

1500 is made up of 15 splash rings and

15 fuel nozzles all of which are nickelthoria alloy. The thorium content of the

nickel-thoria alloy in the splash rings

and fuel nozzles contain less than 2%

by weight and the thorium is dispersed

in the nickel-thoria alloy in the form of

finely divided thoria (thorium dioxide).

The petitioner stated that the splash

rings and the fuel nozzles meet all the

technical requirements of the current

exemption, except that the exemption is

limited to finished aircraft engine parts.

The NRC’s current regulations state:

§ 40.13 Unimportant quantities of source

material.

* * * * *

(c) Any person is exempt from the

regulation in this part and from the

requirements for a license set forth in section

62 of the Act to the extent that such person

receives, possesses, uses, or transfers:

* * * * *

(8) Thorium contained in any finished

aircraft engine part containing nickel-thoria

alloy. Provided, That:

(i) The thorium is dispersed in the nickelthoria alloy in the form of finely divided

thoria (thorium dioxide); and

(ii) The thorium content in the nickelthoria alloy does not exceed 4 percent by

weight.

* * * * *

The Petition

The petitioner requests that the NRC

amend its regulations in § 40.13(c)(8) to

establish an exemption from licensing

requirements to include the M1A1

Battle Tank Engine AGT 1500 which

contains nickel-thorium.

Because the petitioner is located in an

NRC Agreement State, it requested that

the Florida Department of Health grant

an interpretation of the current

exemption to include the M1A1

ABRAMS Main Battle Tank Engine. The

petitioner stated that the Florida

Department of Health would not grant

its request and advised the petitioner

that Florida Department of Health was

under the impression that the NRC was

reevaluating the NRC’s position on the

nickel-thorium exemption.

In support of its petition, Chromalloy

has referenced a petition for rulemaking

submitted to the NRC by E. I. du Pont

de Nemours & Company (PRM–40–6)

dated February 13, 1963, that requested

the Commission’s regulations be

amended to establish an exemption

from licensing requirements for persons

receiving, possessing, using, transferring

or importing into the United States any

finished products or part fabricated of,

or containing nickel-thorium alloys

containing up to 4 percent thorium by

weight. The petitioner pointed out that

the NRC’s response had been:

The Commission has found that the

possession and use in the United States of

thorium contained in thorium metal alloys in

which the thorium does not exceed 4 percent

by weight is not of significance to the

common defense and security, and that such

activities can be conducted without

unreasonable hazard to life or property.

The proposed exemption was for ‘‘any

finished product or part;’’ nowhere in

PRM–40–6 do the words ‘‘aircraft

engine parts’’ appear.

The petitioner stated that the final

exemption was not published until

November 18, 1967 (32 FR 15872) and

that the expression ‘‘jet aircraft engines’’

is mentioned for the first time in that

notice.

After consulting with the NRC, the

petitioner believes that the material
65040 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Proposed Rules

used for the experimental test for the

final exemption must have been from jet

aircraft engines, which at this stage in

the development and use of nickelthoria components in engines was the

only application. This is possibly the

reason that the exemption specifies only

jet aircraft engines. The M1A1 Battle

Tank Engine AGT 1500 was not

developed until after 1967. The M1A1

Battle Tank Engine AGT 1500 contains

the same nickel-thoria alloy as is

contained in the JT9D jet engine. The

petitioner also has pointed out that the

material in the M1A1 Battle Tank

Engine AGT 1500 would produce the

same results if put to the same

experimental tests the Commission

conducted in 1963–1967.

In support it its petition, Chromalloy

asserts that the NRC considers that jet

aircraft engine products are not

intended for public use, and cites a

Federal Register notice published by

the Atomic Energy Commission on

November 18, 1967 (32 FR 15872) as a

basis for this assertion:

The Commission considers that finished

aircraft engine parts containing nickel-thoria

alloy are not products intended for use by the

general public within the purview of

§ 150.15(a)(6) of 10 CFR Part 150,

‘‘Exemptions and Continued Regulatory

Authority in Agreement States Under Section

274.’’ Accordingly, the transfer of possession

or control of such finished aircraft engine

parts in Agreement States by the

manufacturer, processor, or producer would

not be regulated by the Commission.

Finally, the petitioner asserts that if

the Commission does not view the

presence of nickel-thoria in jet aircraft

engines to be unsafe to the public, then

the presence of nickel-thoria in tank

engines should be reviewed in the same

light because the public’s exposure to

battle tank engines is far less than the

public’s exposure to aircraft engines.

Therefore, the petitioner believes that

the exemption must apply to both the

JT9D aircraft and the M1A1 AGT 1500

battle tank gas turbine engine.

Dated at Rockville, Maryland, this 3rd day

of December, 1997.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–32273 Filed 12–9–97; 8:45 am]

BILLING CODE 7590–01–P

FEDERAL ELECTION COMMISSION

[Notice 1997–17]

11 CFR Part 114

Qualified Nonprofit Corporations

AGENCY: Federal Election Commission.

ACTION: Rulemaking petition: notice of

availability.

SUMMARY: On November 17, 1997, the

Commission received a Petition for

Rulemaking from the James Madison

Center for Free Speech urging the

Commission to begin a rulemaking

proceeding to conform portions of its

regulations to a decision of the United

States Court of Appeals for the Eighth

Circuit. These regulations set forth the

scope of the exemption from the

prohibition on corporate independent

expenditures for a narrow class of nonprofit ideological corporations. The

petition is available for inspection in the

Commission’s Public Records Office.

DATES: Statements in support of or in

opposition to the petition must be filed

on or before January 23, 1998.

ADDRESSES: All comments should be

addressed to Susan E. Propper,

Assistant General Counsel, and must be

submitted in either written or electronic

form. Written comments should be sent

to the Federal Election Commission, 999

E Street, N.W., Washington, DC 20463.

Faxed comments should be sent to (202)

219–3923, with printed copy follow up.

Electronic mail comments should be

sent to qncpetition@fec.gov.

Commenters sending comments by

electronic mail should include their full

name and postal service address within

the text of their comments. Electronic

mail comments that do not contain the

full name, electronic mail address and

postal service address of the commenter

will not be considered.

FOR FURTHER INFORMATION CONTACT: Ms.

Susan E. Propper, Assistant General

Counsel, or Paul Sanford, Staff

Attorney, 999 E Street, N.W.,

Washington, D.C. 20463, (202) 219–3690

or (800) 424–9530.

SUPPLEMENTARY INFORMATION: On

November 17, 1997, the Commission

received a Petition for Rulemaking from

the James Madison Center for Free

Speech requesting that the Commission

institute a rulemaking proceeding to

conform its regulations at 11 CFR 114.10

to the decision of the United States

Court of Appeals for the Eighth Circuit

in Minnesota Citizens Concerned for

Life v. Federal Election Commission,

113 F.3d 129 (8th Cir. 1997). These

regulations describe a category of

nonprofit corporations that are exempt

from the prohibition on independent

expenditures in 2 U.S.C. § 441b. See

also 11 CFR 114.2.

Copies of the petition are available for

public inspection in the Commission’s

Public Records Office, 999 E Street,

N.W., Washington, DC 20463, Monday

through Friday between the hours of

9:00 a.m. and 5:00 p.m. Copies of the

petition can also be obtained at any time

of the day and week from the

Commission’s home page at

www.fec.gov, or from the Commission’s

FAXline service. To obtain copies of the

petition from FAXline, dial (202) 501–

3413 and follow the FAXline service

instructions. Request document #233 to

receive the petition.

Members of the public are invited to

comment on the petition. All statements

in support of or in opposition to the

petition should be addressed to Susan E.

Propper, Assistant General Counsel, and

must be submitted in either written or

electronic form. Written comments

should be sent to the Commission’s

postal service address: Federal Election

Commission, 999 E Street, N.W.,

Washington, DC 20463. Faxed

comments should be sent to (202) 219–

3923. Commenters submitting faxed

comments should also submit a printed

copy to the Commission’s postal service

address to ensure legibility. Comments

may also be sent by electronic mail to

qncpetition@fec.gov. Commenters

sending comments by electronic mail

should include their full name,

electronic mail address and postal

service address within the text of their

comments. Electronic mail comments

that do not contain the full name,

electronic mail address and postal

service address of the commenter will

not be considered. All comments,

regardless of form, must be submitted by

January 23, 1998.

Consideration of the merits of the

petition will be deferred until the close

of the comment period. If the

Commission decides that the petition

has merit, it may begin a rulemaking

proceeding. Any subsequent action

taken by the Commission will be

announced in the Federal Register.

Dated: December 5, 1997.

John Warren McGarry,

Chairman, Federal Election Commission.

[FR Doc. 97–32287 Filed 12–9–97; 8:45 am]

BILLING CODE 6715–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–AEA–44]

Proposed Amendment to Class E

Airspace; Ravenswood, WV

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.