41836 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 

IV. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless 

using such a standard is inconsistent 

with applicable law or is otherwise 

impractical. In this rule, the NRC is 

revising its regulations to reflect 

statutory mandates contained in the 

Energy Policy Act of 2005. This action 

does not constitute the establishment of 

a standard that contains generally 

applicable requirements. 

V. Environmental Impact: Categorical 

Exclusion 

The Commission has determined that 

this final rule is the type of action 

described as a categorical exclusion in 

10 CFR 51.22(c)(1) and (2). Therefore, 

neither an environmental impact 

statement nor an environmental 

assessment has been prepared for this 

final rule. 

VI. Paperwork Reduction Act 

Statement 

This final rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

VII. Regulatory Analysis 

A regulatory analysis has not been 

prepared for this regulation. This rule 

amends NRC regulations to be 

consistent with provisions of the 

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. 

VIII. 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. 

IX. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31883). 

X. Backfit Analysis and Issue Finality 

The NRC has determined that the 

backfit provisions at 10 CFR 50.109, 

70.76, 72.62, and 76.76 do not apply to 

this final rule because the amendments 

of this final rule are mandated by the 

Energy Policy Act of 2005. 

XI. Congressional Review Act 

The Office of Management and 

Budget, Office of Information and 

Regulatory Affairs, has determined that 

this action is a ‘‘major rule’’ pursuant to 

the definitions in the Congressional 

Review Act. However, this rule does not 

involve an exercise of Commission 

discretion. The NRC is required by 

statute to perform ministerial 

computations and to implement the 

periodic inflation adjustments, 

reflecting changes in the Consumer 

Price Index, as mandated by the AEA. 

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: Atomic Energy Act secs. 161, 

170, 223, 234 (42 U.S.C. 2201, 2210, 2273, 

2282); Energy Reorganization Act secs. 201, 

as amended, 202 (42 U.S.C. 5841, 5842); 

Government Paperwork Elimination Act sec. 

1704 (44 U.S.C. 3504 note); Energy Policy Act 

of 2005, Pub. L. 109–58, 119 Stat. 594 (2005). 

■ 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) 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 $121,255,000 with respect to 

any nuclear incident (plus any 

surcharge assessed under subsection 

170o.(1)(E) of the Act) and no more than 

$18,963,000 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 1st day 

of July, 2013. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2013–16732 Filed 7–11–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1206; Directorate 

Identifier 2012–SW–021–AD; Amendment 

39–17269; AD 2012–23–13] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation (Sikorsky) Model 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that was 

published in the Federal Register. The 


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Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Rules and Regulations 41837 

AD applies to all Sikorsky Model S–70, 

S–70A, and S–70C helicopters, which 

are restricted category helicopters 

derived from the military Model UH–60 

helicopter. The part number (P/N) for 

the No. 2 crossfeed breakaway valve 

listed in the ‘‘Required Actions’’ section 

is incorrect. This document corrects that 

error. Also, this document contains a 

response to a comment received after 

publication of the Final Rule. In all 

other respects, the original document 

remains the same. 

DATES: This final rule is effective July 

12, 2013. The effective date for AD 

2012–23–13 (77 FR 71087, November 

29, 2012) remains December 14, 2012. 

ADDRESSES: 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 (phone: 800–647–5527) is 

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: 

Michael Davison, Flight Test Engineer, 

New England Regional Office, FAA, 12 

New England Executive Park, 

Burlington, MA 01803; phone: (781) 

238–7156, email: 

michael.davison@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Airworthiness Directive 2012–23–13, 

Amendment 39–17269 (77 FR 71087, 

November 29, 2012), currently includes 

the following under paragraph (e)(xiii) 

in the Required Actions section: 

(xiii) For Number 2 crossfeed breakaway 

valve, P/N 70307–03600–103, establish a life 

limit of 1,500 hours. 

As published, the identification of the 

P/N as 70307–03600–103 is incorrect. 

The correct P/N is 70307–03006–103. 

No other part of the regulatory 

information has been changed; 

therefore, only the changed portion of 

the final rule is being published in the 

Federal Register. 

Comments 

After we published our Final rule; 

request for comments (77 FR 71087; 

November 29, 2012), we received a 

comment from one commenter. 

Request 

The one commenter from the 

manufacturer stated that the document 

reduced the life limit for the main and 

tail rotor blades but does not make any 

reference to the detailed internal life 

limited components of the blades. The 

commenter asked whether the AD 

applies only to the blade assembly P/Ns 

and whether the blade components were 

overlooked. 

We do not agree that the AD should 

include life limits for the internal 

components of the blade assembly. The 

life limit of each main and tail rotor 

blade reflects the life limit of its lowest 

component in the Sikorsky 

Airworthiness Limitations technical 

manual. That manual does not list life 

limits for individual internal 

components. 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

In the Federal Register of November 

29, 2012, on page 71089, in the first 

column, paragraph (e)(xiii) of AD 2012– 

23–13 is corrected to read as follows: 

* * * * * 

(e)(xiii) For Number 2 crossfeed 

breakaway valve, P/N 70307–03006– 

103, establish a life limit of 1,500 hours 

TIS. 

* * * * * 

Issued in Fort Worth, Texas, on July 3, 

2013. 

Kim Smith, 

Directorate Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–16693 Filed 7–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–1282; Airspace 

Docket No. 12–AGL–16] 

Establishment of Class E Airspace; 

Parkston, SD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Parkston, SD. Controlled 

airspace is necessary to accommodate 

new Area Navigation (RNAV) Standard 

Instrument Approach Procedures at 

Parkston Municipal Airport. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rule (IFR) operations at the airport. 

DATES: Effective date: 0901 UTC, 

October 17, 2013. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone 817–321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On April 30, 2013, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish Class E airspace for the 

Parkston, SD, area, creating controlled 

airspace at Parkston Municipal Airport 

(78 FR 25232) Docket No. FAA–2012– 

1282. Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class E airspace 

designations are published in paragraph 

6005 of FAA Order 7400.9W dated 

August 8, 2012, and effective September 

15, 2012, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designations listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

within a 6.8-mile radius of Parkston 

Municipal Airport, Parkston, SD, to 

ensure that required controlled airspace 

exists to contain new standard 

instrument approach procedures at the 

airport. Controlled airspace enhances 

the safety and management of IFR 

operations at the airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (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) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 


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