Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32605

Regulatory Analysis

The Commission has prepared a final

regulatory analysis on this final

regulation. The analysis examines the

costs and benefits of the alternatives

considered by the Commission. The

analysis is available for inspection in

the NRC Public Document Room, 2120

L Street NW. (Lower Level),

Washington, DC. Single copies of the

analysis may be obtained from Mark

Haisfield, Office of Nuclear Material

Safety and Safeguards, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001, telephone (301) 415–

6196.

Regulatory Flexibility Certification

As required by the Regulatory

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

the Commission certifies that this rule

does not have a significant economic

impact on a substantial number of small

entities. DOE is the only transporter of

vitrified HLW. No other entities are

involved. DOE is not a small entity as

defined in 10 CFR 2.810.

Small Business Regulatory Enforcement

Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness 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,

Office of Management and Budget.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109, does not

apply to this rule, and therefore, a

backfit analysis is not required because

these amendments do not involve any

provisions that would impose backfits

as defined in 10 CFR 50.109(a)(1).

List of Subjects in 10 CFR Part 71

Criminal penalties, Hazardous

materials transportation, Incorporation

by reference, Nuclear materials,

Packaging and containers, 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

amendments to 10 CFR part 71.

PART 71—PACKAGING AND

TRANSPORTATION OF RADIOACTIVE

MATERIAL

1. The authority citation for Part 71

continues to read as follows:

Authority: Secs. 53, 57, 62, 63, 81, 161,

182, 183, 68 Stat. 930, 932, 933, 935, 948,

953, 954, as amended, sec. 1701, 106 Stat.

2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092,

2093, 2111, 2201, 2232, 2233, 2297f); secs.

201, as amended, 202, 206, 88 Stat. 1242, as

amended, 1244, 1246 (42 U.S.C. 5841, 5842,

5846).

Section 71.97 also issued under sec. 301,

Pub. L. 96–295, 94 Stat. 789–790.

2. Section 71.63 is revised to read as

follows:

§ 71.63 Special requirements for

plutonium shipments.

(a) Plutonium in excess of 0.74 TBq

(20 Ci) per package must be shipped as

a solid.

(b) Plutonium in excess of 0.74 TBq

(20 Ci) per package must be packaged in

a separate inner container placed within

outer packaging that meets the

requirements of Subparts E and F of this

part for packaging of material in normal

form. If the entire package is subjected

to the tests specified in § 71.71

(‘‘Normal conditions of transport’’), the

separate inner container must not

release plutonium as demonstrated to a

sensitivity of 10¥6 A2/h. If the entire

package is subjected to the tests

specified in § 71.73 (‘‘Hypothetical

accident conditions’’), the separate

inner container must restrict the loss of

plutonium to not more than A2 in 1

week. Solid plutonium in the following

forms is exempt from the requirements

of this paragraph:

(1) Reactor fuel elements;

(2) Metal or metal alloy;

(3) Vitrified high-level waste

contained in a sealed canister designed

to maintain waste containment during

handling activities associated with

transport. As one method of meeting

these design requirements, the NRC will

consider acceptable a canister which is

designed in accordance with the

American Society of Mechanical

Engineers (ASME) Boiler and Pressure

Vessel Code, Section VIII, 1995 Edition

(earlier editions may be used in lieu of

the 1995 Edition). However, this

canister need not be designed in

accordance with the requirements of

Section VIII, Parts UG–46, UG–115

through UG–120, UG–125 through UG–

136, UW–60, UW–65, UHA–60, and

UHA–65 and the canister’s final closure

weld need not be designed in

accordance with the requirements of

Section VIII, Parts UG–99 and UW–11.

The Director of the Federal Register

approves this incorporation by reference

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

1 CFR Part 51. Copies of the ASME

Boiler and Pressure Vessel Code,

Section VIII, 1995 Edition, may be

purchased from the American Society of

Mechanical Engineers, Service Center,

22 Law Drive, P.O. Bos 2900, Fairfield,

NJ 07007. It is also available for

inspection at the NRC Library, 11545

Rockville Pike, Rockville, MD 20852–

2738 or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

Suite 700, Washington, DC.; and

(4) Other plutonium bearing solids

that the Commission determines should

be exempt from the requirements of this

section.

Dated at Rockville, Maryland, this 20th day

of May, 1998.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 98–14097 Filed 6–14–98; 8:45 am]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–85–AD; Amendment

39–10587; AD 98–12–34]

RIN 2120–AA64

Airworthiness Directives;

Construcciones Aeronauticas, S.A.

(CASA) Model CN–235 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain CASA Model CN–

235 series airplanes, that requires

modification of the forward beam of the

vertical stabilizer by the installation of

a structural reinforcement plate. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified by this AD are intended to

prevent in-flight structural deformation

or failure of the vertical stabilizer,

resulting in reduced controllability of

the airplane.

DATES: Effective July 20, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 20,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Construcciones Aeronauticas, S.A.,

Getafe, Madrid, Spain. This information

may be examined at the Federal

Aviation Administration (FAA),
32606 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain CASA

Model CN–235 series airplanes was

published in the Federal Register on

April 14, 1998 (63 FR 18163). That

action proposed to require modification

of the forward beam of the vertical

stabilizer by the installation of a

structural reinforcement plate.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 2 airplanes of

U.S. registry will be affected by this AD.

It will take approximately 30 work

hours per airplane to accomplish the

required modification, at an average

labor rate of $60 per work hour.

Required parts will cost approximately

$180 per airplane. Based on these

figures, the cost impact of the

modification required by this AD on

U.S. operators is estimated to be $3,960,

or $1,980 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (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. Section 39.13 is amended by

adding the following new airworthiness

directive:

98–12–34 Construcciones Aeronauticas,

S.A. (CASA): Amendment 39–10587.

Docket 98–NM–85–AD.

Applicability: Model CN–235 series

airplanes, as listed in CASA Service Bulletin

SB–235–55–04, dated May 30, 1995; and

Model CN–235 having serial number (S/N)

C–011; certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent in-flight structural deformation

or failure of the vertical stabilizer, resulting

in reduced controllability of the airplane,

accomplish the following:

(a) Within 6 months after the effective date

of this AD, install a structural reinforcement

plate on the forward beam of the vertical

stabilizer, in accordance with CASA Service

Bulletin SB–235–55–04, dated May 30, 1995.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The installation shall be done in

accordance with CASA Service Bulletin SB–

235–55–04, dated May 30, 1995. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Construcciones Aeronauticas, S.A., Getafe,

Madrid, Spain. Copies may be inspected at

the FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Note 3: The subject of this AD is addressed

in Spanish airworthiness directive 08/96,

dated December 9, 1996.

(e) This amendment becomes effective on

July 20, 1998.

Issued in Renton, Washington, on June 5,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–15678 Filed 6–12–98; 8:45 am]

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