56452 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

Atomic Energy Act of 1954, as amended. 

This rule does not involve an exercise 

of Commission discretion and, 

therefore, does not necessitate 

preparation of a regulatory analysis. 

VII. Regulatory Flexibility Certification 

As required by the Regulatory 

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

the Commission certifies that this final 

rule would not have a significant 

economic impact upon a substantial 

number of small entities. 

VIII. Backfit Analysis 

The NRC has determined that the 

backfit rule, 10 CFR 50.109, 70.76, 

72.62, 76.76, does not apply to this final 

rule because these amendments are 

mandated by the Energy Policy Act of 

2005. 

IX. Congressional Review Act 

In accordance with the Congressional 

Review Act, 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 penalties, 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: 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. Section 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 

$300,000,000 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) of the 

Act, 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 9th day 

of September, 2008. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E8–22784 Filed 9–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0675; Directorate 

Identifier 2007–NM–192–AD; Amendment 

39–15682; AD 2008–20–03] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 0070 and Mark 0100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain Fokker Model 

F.28 Mark 0070 and 0100 airplanes. 

That AD currently requires a one-time 

inspection of the main landing gear 

(MLG) main fitting for cracks, and repair 

if necessary. The existing AD also 

currently requires installing a placard 

and revising the airplane flight manual 

to include procedures to prohibit the 

application of brakes during backward 

movement of the airplane. This new AD 

requires repetitive eddy current 

inspections of the MLG main fitting and 

rework before further flight as 

applicable. This AD results from reports 

that a final solution eliminating the 

cause of the crack initiation mechanism 

is not yet available and that repetitive 

inspections are necessary. We are 

issuing this AD to detect and correct 

cracks in the MLG main fitting, which 

could result in reduced structural 

integrity of the MLG main fitting. 

DATES: This AD becomes effective 

November 3, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 3, 2008. 

On April 26, 2006 (71 FR 14363, 

March 22, 2006), the Director of the 

Federal Register approved the 

incorporation by reference of MessierDowty Service Bulletin F100–32–106, 

including Appendices A through C and 

excluding Appendix D, dated February 

18, 2005. 

ADDRESSES: For service information 

identified in this AD, contact Fokker 

Services B.V., Technical Services Dept., 

P.O. Box 231, 2150 AE Nieuw-Vennep, 

the Netherlands. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56453 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that 

supersedes AD 2006–06–07, amendment 

39–14516 (71 FR 14363, March 22, 

2006). The existing AD applies to 

certain Fokker Model F.28 Mark 0070 

and 0100 airplanes. That NPRM was 

published in the Federal Register on 

July 2, 2008 (73 FR 37903). That NPRM 

proposed to continue to require a onetime inspection of the main landing gear 

(MLG) main fitting for cracks, and repair 

if necessary. That NPRM also proposed 

to continue to require installing a 

placard and revising the airplane flight 

manual (AFM) to include procedures to 

prohibit the application of brakes during 

backward movement of the airplane. 

That NPRM also proposed to require 

repetitive eddy current inspections of 

the MLG main fitting and rework before 

further flight as applicable. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. No comments 

have been received on the NPRM or on 

the determination of the cost to the 

public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed. 

Costs of Compliance 

The following table provides the 

estimated costs for U.S. operators to 

comply with this AD. 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection (required by AD 

2006–06–07).

2 $80 None ............................... $160 11 $1,760 

AFM Revision and Placard Installation (required by AD 

2006–06–07).

1 80 None ............................... 80 11 880 

Inspection (new required action).6 80 $540 ($270 per fitting) .... 1,020 12 12,240 

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 have 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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–14516 (71 

FR 14363, March 22, 2006) and by 

adding the following new airworthiness 

directive (AD): 

2008–20–03 Fokker Services B.V.: 

Amendment 39–15682. Docket No. 

FAA–2008–0675; Directorate Identifier 

2007–NM–192–AD. 

Effective Date 

(a) This AD becomes effective November 3, 

2008. 

Affected ADs 

(b) This AD supersedes AD 2006–06–07. 

Applicability 

(c) This AD applies to Fokker Model F.28 

Mark 0070 and Mark 0100 airplanes, 

certificated in any category, equipped with 

Messier-Dowty main landing gears (MLGs). 

Unsafe Condition 

(d) This AD results from reports that a final 

solution eliminating the cause of the crack 

initiation mechanism is not yet available and 

that repetitive inspections are necessary. We 

are issuing this AD to detect and correct 

cracks in the MLG main fitting, which could 

result in reduced structural integrity of the 

MLG main fitting. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Restatement of Requirements of AD 2006– 

06–07 

Airplane Flight Manual (AFM) Revision and 

Placard Installation 

(f) Within 14 days after April 26, 2006 (the 

effective date of AD 2006–06–07), amend the 

Limitations section of the Fokker F.28 AFM 

to prohibit application of brakes during 

backward movement of the airplane. This 


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56454 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

may be done by inserting a copy of this AD 

in the AFM. 

Note 1: When a statement to prohibit 

application of brakes during backward 

movement of the airplane has been included 

in the general revisions of the AFM, the 

general revisions may be inserted into the 

AFM, and the copy of this AD may be 

removed from the AFM. 

(g) Within 14 days after April 26, 2006, 

affix a placard on the pedestal, next to the 

parking brake handle, having the following 

wording: ‘‘APPLICATION OF BRAKES 

DURING BACKWARD MOVEMENT IS 

PROHIBITED.’’ 

Inspection and Corrective Action 

(h) At the applicable time specified in 

paragraph (h)(1) or (h)(2) of this AD: Do an 

eddy current inspection of the MLG main 

fittings and repair before further flight as 

applicable, in accordance with the 

Accomplishment Instructions of MessierDowty Service Bulletin F100–32–106, 

including Appendices A through C and 

excluding Appendix D, dated February 18, 

2005, except as provided by paragraphs (i) 

and (j) of this AD. 

(1) For airplanes on which an inspection 

has not been done in accordance with 

Messier-Dowty Service Bulletin F100–32– 

104, Revision 2, dated October 30, 2003: 

Within 3 months after April 26, 2006. 

(2) For airplanes on which an inspection 

has been done in accordance with MessierDowty Service Bulletin F100–32–104, 

Revision 2, dated October 30, 2003: Within 

2,000 flight cycles since the last inspection 

done in accordance with the service bulletin 

or within 3 months after April 26, 2006, 

whichever occurs later. 

Exceptions to the Service Bulletin 

(i) Where Messier-Dowty Service Bulletin 

F100–32–106, including Appendices A 

through C and excluding Appendix D, dated 

February 18, 2005, specifies contacting the 

manufacturer for repair: Before further flight, 

repair using a method approved by either the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or the 

Civil Aviation Authority—The Netherlands 

(CAA–NL) (or its delegated agent). 

(j) Although Messier-Dowty Service 

Bulletin F100–32–106, including Appendices 

A through C and excluding Appendix D, 

dated February 18, 2005, specifies to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

Parts Installation 

(k) As of April 26, 2006, and until the 

effective date of this AD, no person may 

install, on any airplane, a Messier-Dowty 

MLG, unless it has been inspected/repaired 

according to paragraph (h) of this AD. 

New Requirements of This AD 

Inspection and Repair 

(l) At the applicable times specified in 

paragraphs (l)(1), (l)(2), and (l)(3) of this AD: 

Do an eddy current inspection of the MLG 

main fitting for cracks, and rework the MLG 

main fitting if applicable, in accordance with 

the Accomplishment Instructions of MessierDowty Service Bulletin F100–32–111, 

including Appendices A through C and 

excluding Appendix D, dated December 20, 

2005; except as provided by paragraph (m) of 

this AD. The rework must be done before 

further flight. 

(1) For all MLG main fittings, except those 

units identified in paragraph (l)(2) of this AD: 

Inspect within the next 2,000 flight cycles 

since the last inspection required by 

paragraph (h) of this AD, or within 4 months 

after the effective date of this AD, whichever 

occurs later. 

(2) For new MLG main fittings and MLG 

main fittings on which both bores have been 

repaired (reworked) in accordance with 

paragraph (h) of this AD: Inspect within 

4,000 flight cycles since new (installation) or 

repaired (rework) in accordance with 

paragraph (h) of this AD, as applicable. 

(3) For all MLGs: Repeat the eddy current 

inspection thereafter at intervals not to 

exceed 2,000 flight cycles. 

Exception to Service Bulletin F100–32–111 

(m) Although Messier-Dowty Service 

Bulletin F100–32–111, including Appendices 

A through C and excluding Appendix D, 

dated December 20, 2005, specifies to submit 

certain information to the manufacturer, this 

AD does not include that requirement. 

Parts Installation 

(n) As of the effective date of this AD, no 

person may install, on any airplane, a 

Messier-Dowty MLG, unless it has been 

inspected and reworked in accordance with 

paragraph (l) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(o) The Manager, International Branch, 

ANM–116, 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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

Related Information 

(p) Dutch airworthiness directive NL– 

2006–003, dated February 7, 2006, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(q) You must use Messier-Dowty Service 

Bulletin F100–32–106, including Appendices 

A through C and excluding Appendix D, 

dated February 18, 2005; and Messier-Dowty 

Service Bulletin F100–32–111, including 

Appendices A through C and excluding 

Appendix D, dated December 20, 2005; as 

applicable; to perform the actions that are 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Messier-Dowty Service Bulletin F100–32– 

111, including Appendices A through C and 

excluding Appendix D, dated December 20, 

2005, in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. 

(2) On April 26, 2006 (71 FR 14363, March 

22, 2006), the Director of the Federal Register 

approved the incorporation by reference of 

Messier-Dowty Service Bulletin F100–32– 

106, including Appendices A through C and 

excluding Appendix D, dated February 18, 

2005. 

(3) Contact Fokker Services B.V., Technical 

Services Dept., P.O. Box 231, 2150 AE 

Nieuw-Vennep, the Netherlands, for a copy 

of this service information. 

(4) You may review copies at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington; or 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 11, 2008. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–22210 Filed 9–26–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0636; Directorate 

Identifier 2007–NM–324–AD; Amendment 

39–15657; AD 2008–17–19] 

RIN 2120–AA64 

Airworthiness Directives; ATR Model 

ATR42–200, –300, and –320 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: 

One ATR 42–300 experienced a collapse of 

the Right (RH) Main Landing Gear (MLG) 

when taxiing, caused by failure of the side 

brace assembly. Investigations revealed a 

crack propagation that occurred from a 

corrosion pit, in a very high stressed area of 

the upper arm. * * * 

* * * * * 

The unsafe condition is cracking of the 

upper arms of the secondary side brace 

assemblies of the MLG, which could 

result in collapse of the MLG during 


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