Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Proposed Rules 63911

performed in accordance with

Appendix VIII of Section Xl, Division 1,

1995, Edition with the 1996 Addenda of

the ASME Boiler and Pressure Vessel

Code.

(2) [Reserved]

* * * * * 5For ASME Code Editions and Addenda

issued prior to the Winter 1977 Addenda, the

Code Edition and Addenda applicable to the

component is governed by the order or

contract date for the component, not the

contract date for the nuclear energy system.

For the Winter 1977 addenda and subsequent

editions and addenda the method for

determining the applicable Code editions and

addenda is contained in Paragraph NCA–

1140 of Section III of the ASME Code.

* * * * * 7For purposes of this regulation the

proposed IEEE–279 became ‘‘in effect’’ on

August 30, 1968, and the revised issue IEEE–

279–1971 became ‘‘in effect’’ on June 3, 1971.

Copies may be obtained from the Institute of

Electrical and Electronics Engineers, United

Engineering Center, 345 East 47th St., New

York, NY 10017. Copies are available for

inspection at the NRC Library, Two White

Flint North, 11545, Rockville Pike, Rockville,

Maryland 20852–2738.

* * * * *

Dated at Rockville, MD this 27th day of

October 1997.

For the Nuclear Regulatory Commission.

L. Joseph Callan,

Executive Director for Operations.

[FR Doc. 97–31588 Filed 12–2–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 50 and 70

RIN 3150–AF87

Criticality Accident Requirements

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

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.

DATES: Comments on the proposed rule

must be received on or before January 2,

1998.

ADDRESSES: Mail comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemaking and

Adjudication Staff. Hand deliver

comments to 11555 Rockville Pike,

Maryland, between 7:45 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: For

additional information see the Direct

Final Rule published in the rules

section of this Federal Register.

Procedural Background

Because NRC considers this action

noncontroversial and routine, we are

publishing this proposed rule

concurrently as a direct final rule. The

direct final rule will become effective on

February 17, 1998. However, if the NRC

receives significant adverse comments

on the direct final rule by January 2,

1998, then the NRC will publish a

document that withdraws the direct

final rule. If the direct final rule is

withdrawn, the NRC will address in a

Final Rule the comments received in

response to the proposed revisions in a

subsequent final rule. Absent significant

modifications to the proposed revisions

requiring republication, the NRC will

not initiate a second comment period

for this action in the event the direct

final rule is withdrawn.

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.

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

considering 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:
63912 Federal Register / Vol. 62, No. 232 / Wednesday, December 3, 1997 / Proposed Rules

§ 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.

(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. 97–31732 Filed 12–2–97; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–SW–22–AD]

Airworthiness Directives; Eurocopter

France (Formerly Aerospatiale, Society

Nationale Industrielle, Sud Aviation)

Model SA–365N, SA–365N1, AS–365N2,

and SA–366G1 Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

Eurocopter France (formerly

Aerospatiale, Society Nationale

Industrielle, Sud Aviation) Model SA–

365N, SA–365N1, AS-365N2, and SA–

366G1 helicopters. This proposal would

require an inspection of the

transmission deck for cracks; repair of

any cracked transmission decks; and

replacement of the transmission deck

support beams (support beams) with

redesigned support beams. This

proposal is prompted by several reports

of cracks in the transmission deck and

support beams. The actions specified by

the proposed AD are intended to detect

cracks that reduce the strength of the

main gearbox strut attachment and

could result in failure of the main

gearbox mounting, and subsequent loss

of control of the helicopter.

DATES: Comments must be received by

February 2, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 96–SW–22–

AD, 2601 Meacham Blvd., Room 663,

Fort Worth, Texas 76137. Comments

may be inspected at this location

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

The service information referenced in

the proposed rule may be obtained from

American Eurocopter Corporation, 2701

Forum Drive, Grand Prairie, Texas

75053–4005, telephone (972) 641–3460,

fax (972) 641–3527. This information

may be examined at the FAA, Office of

the Regional Counsel, Southwest

Region, 2601 Meacham Blvd., Room

663, Fort Worth, Texas.

FOR FURTHER INFORMATION CONTACT: Mr.

Mike Mathias, Aerospace Engineer,

FAA, Rotorcraft Directorate, ASW–111,

2601 Meacham Blvd., Fort Worth, Texas