16646 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 

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)(1). 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 an 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 number 3150– 

0039. 

Public Protection Notification 

If a means 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. 

Regulatory Analysis 

Because this increase is required by 

statute, no other alternatives were 

considered. See also the discussion in 

the Regulatory Flexibility Certification 

for this rule. 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

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

Commission certifies that this final rule 

will not have a significant economic 

impact on a substantial number of small 

entities. This final rule affects only the 

licensing and operation of nuclear 

power plants. The companies that own 

these plants do not fall within the scope 

of the definition of ‘‘small entities’’ set 

forth in the Regulatory Flexibility Act or 

the size standards established by the 

NRC (10 CFR 2.810). 

Backfit Analysis 

The NRC has determined that the 

backfit rule does not apply to this final 

rule. A backfit analysis is not required 

for this final rule because this 

amendment is mandated by the PriceAnderson Amendments Act of 1988 

(Pub. L. 100–408). 

Congressional Review Act 

Under the Congressional Review 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 of OMB. 

List of Subjects in 10 CFR Part 140 

Criminal penalty, Extraordinary 

nuclear occurrence, Insurance, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Reporting and recordkeeping 

requirements. 

■ 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 

amendment to 10 CFR part 140. 

PART 140—FINANCIAL PROTECTION 

REQUIREMENTS AND INDEMNITY 

AGREEMENTS 

■ 1. The authority citation for Part 140 

continues to read as follows: 

Authority: (42 U.S.C. 2201, 2210); secs. 

161, 170, 68 Stat. 948, 71 Stat. 576, as 

amended; (42 U.S.C. 2201, 2210); secs. 201, 

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

1244 (42 U.S.C. 5841, 5842); Sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Pub. L 109– 

58. 

■ 2. In § 140.11, paragraph (a)(4) is 

revised to read as follows: 

§ 140.11 Amounts of financial protection 

for certain reactors. 

(a) * * * 

(4) In an amount equal to the sum of 

$375,000,000 and the amount available 

as secondary financial protection (in the 

form of private liability insurance 

available under an industry 

retrospective rating plan providing for 

deferred premium charges equal to the 

pro rata share of the aggregate public 

liability claims and costs, excluding 

costs payment of which is not 

authorized by Section 170o.(1)(D), in 

excess of that covered by primary 

financial protection) for each nuclear 

reactor which is licensed to operate and 

which is designed for the production of 

electrical energy and has a rated 

capacity of 100,000 electrical kilowatts 

or more: Provided, however, that under 

such a plan for deferred premium 

charges for each nuclear reactor which 

is licensed to operate, no more than 

$111,900,000 with respect to any 

nuclear incident (plus any surcharge 

assessed under Subsection 170o.(1)(E) of 

the Act) and no more than $17,500,000 

per incident within one calendar year 

shall be charged. Except that, where a 

person is authorized to operate a 

combination of 2 or more nuclear 

reactors located at a single site, each of 

which has a rated capacity of 100,000 or 

more electrical kilowatts but not more 

than 300,000 electrical kilowatts with a 

combined rated capacity of not more 

than 1,300,000 electrical kilowatts, each 

such combination of reactors shall be 

considered to be a single nuclear reactor 

for the sole purpose of assessing the 

applicable financial protection required 

under this section. 

* * * * * 

Dated at Rockville, Maryland, this 4th day 

of March 2010. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2010–7394 Filed 4–1–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1214; Directorate 

Identifier 2009–NM–091–AD; Amendment 

39–16251; AD 2010–07–06] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model BD–100–1A10 (Challenger 

300) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

There has been an incident during a 

production flight test where the proximitysensor electronic unit (PSEU) failed. This 

resulted in unannunciated loss of: 

• Wheel brakes below 10 knots; 

• Thrust reverser; 

• Nose wheel steering; and 

• Auto-deployment of the multi-function 

spoilers. 

A similar condition, if not corrected, may 

result in reduced controllability of the 

aircraft upon landing and possible overrun of 

the runway. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

7, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of May 7, 2010. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 16647 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Bruce Valentine, Aerospace Engineer, 

Avionics and Flight Test Branch, ANE– 

172, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7328; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on December 29, 2009 (74 FR 

68741). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

There has been an incident during a 

production flight test where the proximitysensor electronic unit (PSEU) failed. This 

resulted in unannunciated loss of: 

• Wheel brakes below 10 knots; 

• Thrust reverser; 

• Nose wheel steering; and 

• Auto-deployment of the multi-function 

spoilers. 

A similar condition, if not corrected, may 

result in reduced controllability of the 

aircraft upon landing and possible overrun of 

the runway. 

The original issue of this [Canadian] 

directive mandated the introduction of nonnormal procedures to the airplane flight 

manual (AFM) as an interim corrective action 

to address PSEU failures. 

Revision 1 of this directive amends the 

aircraft applicability and introduces a note 

providing terminating action, for use at 

operator discretion, if the aircraft has 

incorporated a PSEU with software version 

12 in accordance with Bombardier Service 

Bulletin (SB) 100–32–12. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Explanation of Change Made to This 

AD 

We have revised this AD to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We determined that this change will not 

increase the economic burden on any 

operator or increase the scope of the AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Costs of Compliance 

We estimate that this AD will affect 

162 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $13,770, or $85 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–07–06 Bombardier, Inc.: Amendment 

39–16251. Docket No. FAA–2009–1214; 

Directorate Identifier 2009–NM–091–AD. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
16648 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 7, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model BD–100–1A10 (Challenger 300) 

airplanes, certificated in any category, serial 

numbers 20002 through 20153 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There has been an incident during a 

production flight test where the proximitysensor electronic unit (PSEU) failed. This 

resulted in unannunciated loss of: 

• Wheel brakes below 10 knots; 

• Thrust reverser; 

• Nose wheel steering; and 

• Auto-deployment of the multi-function 

spoilers. 

A similar condition, if not corrected, may 

result in reduced controllability of the 

aircraft upon landing and possible overrun of 

the runway. 

The original issue of this directive 

mandated the introduction of non-normal 

procedures to the airplane flight manual 

(AFM) as an interim corrective action to 

address PSEU failures. 

Revision 1 of this directive amends the 

aircraft applicability and introduces a note 

providing terminating action, for use at 

operator discretion, if the aircraft has 

incorporated a PSEU with software version 

12 in accordance with Bombardier Service 

Bulletin (SB) 100–32–12. 

Actions and Compliance 

(f) Unless already done, within 14 days 

after the effective date of this AD: Revise the 

Limitations Section of the Bombardier 

Challenger 300 AFM, CSP 100–1, to include 

the information in Bombardier Temporary 

Revision TR–39, dated March 2, 2005, as 

specified in the temporary revision. This 

temporary revision introduces a procedure 

for ‘‘PROX SYS FAULT (A)’’ and modifies the 

‘‘WOW FAIL (C)’’ and ‘‘GEAR SYS FAIL (C)’’ 

procedures. 

Note 1: This may be done by inserting a 

copy of Bombardier Temporary Revision TR– 

39, dated March 2, 2005, in the AFM. When 

this temporary revision has been included in 

general revisions of the AFM, the general 

revisions may be inserted in the AFM, 

provided the relevant information in the 

general revision is identical to that in 

Bombardier Temporary Revision TR–39, 

dated March 2, 2005. 

Note 2: If the aircraft has incorporated a 

PSEU, part number (P/N) 30227–0401, 

30227–0402, or 30227–0403, with software 

version 12, installed in accordance with 

Bombardier Service Bulletin 100–32–12, 

dated June 4, 2007, it is permissible to follow 

the revised AFM procedures included in 

Bombardier Temporary Revision TR–46, 

dated March 27, 2008, in lieu of using 

Bombardier Temporary Revision TR–39, 

dated March 2, 2005, specified in paragraph 

(f) of this AD. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. Send information to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone 516–228–7300; fax 516– 

794–5531. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Transport Canada Civil 

Aviation Airworthiness Directive CF–2005– 

12R1, dated December 23, 2008; and 

Bombardier Temporary Revision TR–39, 

dated March 2, 2005; for related information. 

Material Incorporated by Reference 

(i) You must use Bombardier Temporary 

Revision TR–39, dated March 2, 2005, to the 

Bombardier Challenger 300 Airplane Flight 

Manual, CSP 100–1, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.crj@aero.bombardier.com; Internet 

http://www.bombardier.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on March 

19, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–6785 Filed 4–1–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0230; Directorate 

Identifier 2010–NM–071–AD; Amendment 

39–16250; AD 2010–06–51] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting airworthiness directive (AD) 

2010–06–51 that was sent previously to 

all known U.S. owners and operators of 

The Boeing Company Model 737–600, 

–700, –700C, –800, –900, and –900ER 

series airplanes by individual notices. 

This AD requires doing a detailed 

inspection of the inboard and outboard 

aft attach lugs of the left and right 

elevator control tab mechanisms for 

gaps between the swage ring and the aft 

attach lug, and between the spacer and 

the aft attach lug; trying to move or 

rotate the spacer using hand pressure; 

and replacing any discrepant elevator 

tab control mechanism, including 

performing the detailed inspection on 

the replacement part before and after 

installation. This AD is prompted by a 

report of failure of the aft attach lugs on 

the left elevator tab control mechanism, 

which resulted in severe elevator 

vibration. We are issuing this AD to 

detect and correct a loose bearing in the 

aft lug of the elevator tab control 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1