Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 /Rules and Regulations 32971

IX . Backfit Analysis

The NRC has determined that the

backfit rule does not apply to this final

rule and, therefore, a Backfit analysis is

not required for this final rule because

these amendments do not involve any

provisions that would impose backfits

as defined in 10 CFR Chapter I.

X. 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 of

OMB.

List of Subjects in 10 CFR Part 32

Byproduct material, Criminal

penalties, Labeling, Nuclear materials,

Radiation protection, 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. 553; the NRC

is adopting the following amendments

to 10 CFR Part 32.

PART 32—SPECIFIC DOMESTIC

LICENSES TO MANUFACTURE OR

TRANSFER CERTAIN ITEMS

CONTAINING BYPRODUCT MATERIAL

1. The authority citation for Part 32

continues to read as follows:

Authority: Secs. 81, 161, 183, 186, 68 Stat.

935, 948, 953, 954, as amended, (43 U.S.C.

2111, 2201, 2232, 2233); sec.201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

2. In § 32.14, paragraph (d) is revised

to read as follows:

§ 32.14 Certain items containing

byproduct material; requirements for

license to apply or initially transfer.

* * * * *

(d) The Commission determines that:

(1) The byproduct material is properly

contained in the product under the most

severe conditions that are likely to be

encountered in normal use and

handling.

(2) For automobile lock illuminators,

the product has been subjected to and

meets the requirements of the prototype

tests prescribed by § 32.40, Schedule A.

Dated at Rockville, Maryland, this 9th day

of June, 1998.

For the Nuclear Regulatory Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 98–16014 Filed 6–16–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 34

Radiographer Certification—Certifying

Entities

AGENCY: U.S. Nuclear Regulatory

Commission.

ACTION: Notice of certifying entities.

SUMMARY: The U.S. Nuclear Regulatory

Commission (NRC) staff has completed

its evaluation of a request from the

American Society for Nondestructive

Testing, Inc. (ASNT) to be recognized as

a Certifying Entity, i.e., an Independent

Certifying Organization. The NRC staff

found that ASNT’s Industrial

Radiography Radiation Safety Personnel

(IRRSP) certification program meets the

criteria established in the NRC’s

regulations governing radiographic

operations. Therefore, the NRC

recognizes ASNT as a Certifying Entity

and individuals wishing to act as

radiographers who are certified in

isotope radiography through the IRRSP

program meet the certification

requirement specified in the regulations.

ASNT joins the following Agreement

States as certifying entities: Georgia,

Illinois, Iowa, Louisiana, Nevada, North

Dakota, and Texas.

FOR FURTHER INFORMATION CONTACT: J.

Bruce Carrico, U.S. Nuclear Regulatory

Commission, Office of Nuclear Material

Safety and Safeguards, MS T8F5,

Washington, DC 20555, telephone (301)

415–7826, e-mail jbc@nrc.gov.

SUPPLEMENTARY INFORMATION: On May

28, 1997 (62 FR 28948), NRC published

a final rule in the Federal Register that

revised the regulations applicable to

industrial radiography, 10 CFR Part 34.

This overall revision of 10 CFR Part 34

introduced several new requirements.

One of these new requirements,

specified in 10 CFR 34.43(a)(1),

provides that licensees may not permit

any individual to act as a radiographer

until the individual ‘‘is certified through

a radiographer certification program by

a certifying entity in accordance with

the criteria specified in Appendix A of

this part (34).’’ This requirement

becomes effective June 27, 1999.

As defined in 10 CFR Part 34,

‘‘Certifying Entity means an

independent certifying organization

meeting the requirements in Appendix

A of this part or an Agreement State

meeting the requirements in Appendix

A, Parts II and III of this part.’’ An

independent certifying organization is

defined as ‘‘ * * * an independent

organization that meets all of the criteria

of Appendix A to this part.’’ A

parenthetical sentence in 10 CFR

34.43(a)(1) states, ‘‘An independent

organization that would like to be

recognized as a certifying entity shall

submit its request to the Director, Office

of Nuclear Materials Safety and

Safeguards, U.S. Nuclear Regulatory

Commission * * * ’’ Part I of

Appendix A to Part 34 provides the

requirements for an independent

certifying organization, and only applies

to organizations other than the

Agreement States. Parts II and III of

Appendix A to Part 34 provide the

requirements for certification programs

and written examinations for a

certifying entity, and includes the

Agreement States. 10 CFR Part 34,

Appendix A does not impose new

requirements on licensees.

To be recognized as an independent

certifying organization, the organization

should be a national society or

association involved in setting national

standards of practice for industrial

radiography or non-destructive testing.

An acceptable certification program

would require training in the subjects

listed in 10 CFR 34.43(g), completion of

a written and practical examination, and

require a minimum period of on-the-job

experience.

In April 1997, NRC received a

submission from ASNT requesting

recognition as a certifying entity/

independent certifying organization.

The submission described ASNT’s

IRRSP certification program and how

the program complies with 10 CFR Part

34, Appendix A criteria. A ‘‘team’’

review approach was followed in

evaluating the submission. The team or

‘‘working group’’ was composed of three

NRC staff members, two Agreement

State representatives from certifying

states, and an Agreement State

representative from a non-certifying

state. An expert in the NRC’s Office of

Nuclear Reactor Regulation, Division of

Reactor Controls and Human Factors,

Human Factors Assessment Branch also

assisted the working group in evaluating

those portions of the submission

applicable to examination development.

The working group completed its

evaluation of the submission in April

1998.

In a letter dated May 15, 1998, NRC

informed ASNT of its finding that

ASNT’s IRRSP certification program met

the criteria established in 10 CFR Part

34, Appendix A, that ASNT was

recognized as a Certifying Entity.

Individuals wishing to act as

radiographers who are certified in

isotope radiography through the IRRSP

program will meet the certification

requirement specified in 10 CFR

34.43(a)(1).
32972 Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 /Rules and Regulations

The following Agreement States also

administer certification programs as

Certifying Entities: Georgia, Illinois,

Iowa, Louisiana, Nevada, North Dakota,

and Texas. Individuals wishing to act as

radiographers who are certified in

isotope radiography through one of

these state programs will meet the

certification requirement specified in 10

CFR 34.43(a)(1).

Dated at Rockville, Maryland this 9th day

of June, 1998.

For the Nuclear Regulatory Commission.

Larry W. Camper, Chief, Materials Safety

Branch, Division of Industrial and Medical

Nuclear Safety, Office of Nuclear Material

Safety and Safeguards.

[FR Doc. 98–16135 Filed 6–16–98; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21 and 29

[Docket No. SW004; Special Conditions No.

29–004–SC]

Special Conditions: Sikorsky Aircraft

Corporation, Model S76C; Application

of Rated 30-Minute Power

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final special conditions; request

for comments.

SUMMARY: These special conditions are

issued for the Sikorsky Model S76C

helicopter. This helicopter will have a

novel or unusual design feature

associated with a new rated 30-minute

power. The applicable airworthiness

regulations do not contain adequate or

appropriate safety standards for this

new rated 30-minute power. These

special conditions contain the

additional safety standards that the

Administrator considers necessary to

establish a level of safety equivalent to

that established by the existing

airworthiness standards.

DATES: The effective date of these

special conditions is June 17, 1998.

Comments must be received on or

before July 17, 1998.

ADDRESSES: Comments on these special

conditions may be mailed in duplicate

to: Federal Aviation Administration

(FAA), Office of the Regional Counsel,

Attention: Rules Docket No. SW004,

2601 Meacham Blvd., Room 663, Fort

Worth, Texas 76137; or delivered in

duplicate to the Office of the Regional

Counsel at the above address.

Comments must be marked Docket No.

SW004. Comments may be inspected in

the Rules Docket weekdays, except

Federal holidays, between 7:30 a.m. and

4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Scott Horn, FAA, Rotorcraft Directorate,

Rotorcraft Standards Staff, Fort Worth,

Texas 76193–0110, telephone (817)

222–5125, fax (817) 222–5961.

SUPPLEMENTARY INFORMATION: The FAA

has determined that notice and

opportunity for prior public comment

hereon are impracticable because these

procedures would significantly delay

issuance of the approval design and

thus delivery of the affected helicopter.

The FAA therefore finds that good cause

exists for making these special

conditions effective upon issuance.

Comments Invited

Interested persons are invited to

submit such written data, views, or

arguments as they may desire.

Communications should identify the

regulatory docket and be submitted in

duplicate to the address specified above.

All communications received on or

before the closing date for comments

will be considered. The special

conditions may be changed in light of

the comments received. All comments

received will be available in the Rules

Docket for examination by interested

persons, both before and after the

closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this special

condition must include a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Docket No. SW004.’’ The

postcard will be date stamped and

returned to the commenter.

Background

On November 19, 1997, Sikorsky

Aircraft Corporation applied for a

change to Type Certificate (TC) No.

H1NE for use of a rated 30-minute

power on the Model S76C helicopter.

The Sikorsky Model S76C is a transport

category A and B rotorcraft powered by

two Turbomeca Arriel 2S1 engines with

a maximum gross weight of 11,700

pounds.

This new rated 30-minute power is

intended for periods of use up to 30

minutes at any time after takeoff during

a flight performing search and rescue

missions. However, this rating is also

suitable for other missions that require

increased rotorcraft hovering capability

and duration than the current ratings

allow. The Sikorsky Model S76C

helicopter with the Arriel 2S1 engine

installation will have the following

power ratings: 30-second One-EngineInoperative (OEI), 2-minute OEI,

Continuous OEI, 30-minute, Takeoff,

and Maximum Continuous ratings.

The current rotorcraft maximum

continuous rating is at the same torque

and RPM limits as the proposed 30-

minute rating. As a result, the FAA has

determined that compliance with the

structural and drive system

requirements of 14 CFR part 29 (part 29)

has not been affected by this new rating

application. In addition, all the power

parameter limits and ranges for the 30-

minute power coincide with the existing

instrument markings for the takeoff

rating. Therefore, these markings,

applied to the new 30-minute power,

have been found to comply with the

part 29 requirements.

The applicable airworthiness

requirements do not contain a 30-

minute power rating definition and do

not contain adequate or appropriate

safety standards for the type

certification of this new and unusual

engine rating. Due to increased N1 (gas

turbine speed) and T5 (turbine outlet

temperature) limits for this new rating,

as compared to the existing continuous

rating, airworthiness requirements must

be developed for powerplant cooling

and operational limitations.

Additionally, for use of the 30-minute

power rating, the engine manufacturer

has established a new method to

determine the engine overhaul time.

The new method accelerates the engine

hours time-in-service when the 30-

minute rating is used. For the Sikorsky

Model S76C helicopter, the pilot is

required to record the 30-minute rating

usage, since no means of automatically

counting or recording is provided. As a

result of the additional workload to the

pilot, the FAA has determined that a

two-pilot crew is necessary to meet the

minimum flight crew requirements of

part 29.

Type Certification Basis

Under the provisions of 14 CFR

21.101, Sikorsky Aircraft Corporation

must show that the Model S76C

helicopter with the Arriel 2S1 engine

installation meets the applicable

provisions of the regulations in effect on

the date of the application or the

applicable provisions of the regulations

as referenced in TC Number H1NE. The

regulations incorporated by reference in

the TC are commonly referred to as the

‘‘original type certification basis.’’ The

regulations incorporated by reference in

TC Number H1NE are as follows:

Part 29, effective February 1, 1965,

plus Amendments 29–1 through 29–11;