This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

17794 

Vol. 74, No. 73 

Friday, April 17, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 37 

[NRC–2008–0120] 

RIN 3150–AI12 

Physical Protection of Byproduct 

Material 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Availability of preliminary draft 

rule language. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is making available 

preliminary draft proposed rule 

language to amend its regulations to add 

a new part 37 to Title 10 of the Code of 

Federal Regulations. This new part 37 

will contain the security (physical 

protection) requirements that are 

designed to provide reasonable 

assurance of preventing the theft or 

diversion of category 1 and category 2 

quantities of radioactive material as 

designated by the International Atomic 

Energy Agency (IAEA). The new 

provisions will address background 

investigations, access control, physical 

security during use, and physical 

security during any transport of category 

1 and category 2 quantities of 

radioactive material. At this time, the 

staff is only posting the preliminary 

draft language for the background 

investigations and access control 

program. These requirements will be 

contained in subpart B of the new part 

37. The draft preliminary language for 

the transportation security was noticed 

in November 2008 (73 FR 69590; 

November 19, 2008). Draft preliminary 

language for physical security during 

use will be posted and noticed in the 

future. The availability of the 

preliminary draft rule language is 

intended to inform stakeholders of the 

current status of the NRC’s activities 

and solicit public comments on the 

information being provided at this time. 

Comments may be provided as 

indicated under the ADDRESSES heading. 

The NRC may post updates periodically 

under Docket # NRC–2008–0120 on the 

Federal eRulemaking Portal at http:// 

www.regulations.gov that may be of 

interest to stakeholders. 

DATES: Submit comment by June 1, 

2009. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the number RIN 3150– 

AI12 in the subject line of your 

comments. Comments on rulemakings 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety in NRC’s 

Agencywide Documents Access and 

Management System (ADAMS) and at 

http://www.regulations.gov. Personal 

information, such as your name, 

address, telephone number, e-mail 

address, etc., will not be removed from 

your submission. 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2008–0120]. Address questions 

about NRC dockets to Carol Gallagher 

301–415–5905; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

Comments can also be submitted via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 am and 4:15 pm 

Federal workdays. (Telephone 301–415– 

1677) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852–2738. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2008–0120]. 

FOR FURTHER INFORMATION CONTACT: 

Merri Horn, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone 301–415– 

8126, e-mail Merri.Horn@nrc.gov. 

SUPPLEMENTARY INFORMATION: The 

preliminary draft rule language can be 

viewed and downloaded electronically 

via the Federal eRulemaking Portal at 

http://www.regulations.gov by searching 

for Docket # NRC–2008–0120 as well as 

in ADAMS under ADAMS Accession 

Number ML090900428. 

The staff is proposing to add a new 

part 37 that will contain the security 

(physical protection) requirements that 

are designed to provide reasonable 

assurance of preventing the theft or 

diversion of category 1 and category 2 

quantities of radioactive material as 

designated by the International Atomic 

Energy Agency. The new provisions will 

address background investigations and 

access control, physical security during 

use, and physical security during any 

transport of category 1 and category 2 

quantities of radioactive material. At 

this time, the staff is only posting the 

preliminary draft language for the 

background investigation and access 

control program. These requirements 

will be contained in subpart B of the 

new part 37. Draft preliminary language 

for physical protection during use will 

be posted and noticed in the future. 

The NRC is making a preliminary 

version of this draft proposed rule 

language available to inform 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules 17795 

stakeholders of the current status of this 

proposed rulemaking. The NRC is 

inviting stakeholders to comment on the 

draft preliminary language. This 

preliminary draft rule language may be 

subject to significant revisions during 

the rulemaking process. Public input at 

this stage will help inform the 

development of the proposed rule. 

The NRC will review and consider 

any comments received; however, the 

NRC will not respond to any comments 

received at this pre-rulemaking stage. As 

appropriate, the Statements of 

Consideration for the proposed rule will 

briefly discuss any substantive changes 

made to the preliminary draft proposed 

rule language as a result of comments 

received on this preliminary version. 

Stakeholders will also have an 

opportunity to comment on the rule 

language when it is published as a 

proposed rule in accordance with the 

provisions of the Administrative 

Procedure Act. The NRC will respond to 

any such comments in the Statements of 

Consideration for the final rule. 

The NRC may post updates to the 

preliminary draft proposed rule 

language on the Federal eRulemaking 

Portal under Docket # NRC–2008–0120. 

Regulations.gov allows members of the 

public to set-up notifications so that 

they may be alerted when documents 

are added to a docket. Users are notified 

via e-mail at an e-mail address provided 

at the time of registration for the 

notification. Directions for signing up 

for the automatic notifications can be 

found at http://www.regulations.gov. To 

do so, search for the docket you are 

interested in and then choose 

‘‘Notification,’’ found under the title of 

each action. 

Dated at Rockville, Maryland, this 10th day 

of April 2009. 

For the Nuclear Regulatory Commission. 

Mark R. Shaffer, 

Director, Division of Intergovernmental 

Liaison and Rulemaking, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E9–8830 Filed 4–16–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0201; Directorate 

Identifier 2008–NE–47–AD] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH (TAE) Models 

TAE 125–01 and TAE 125–02–99 

Reciprocating Engines Installed in, but 

not Limited to, Diamond Aircraft 

Industries Model DA42 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

In-flight shutdown incidents have been 

reported on Diamond Aircraft Industries 

DA42 aircraft equipped with TAE 125 

engines. Preliminary investigations showed 

that it was mainly the result of failure of the 

propeller control valve. This condition, if not 

corrected, could lead to further cases of 

engine in-flight shutdown, possibly resulting 

in reduced control of the aircraft. 

We are proposing this AD to prevent 

engine in-flight shutdown, possibly 

resulting in reduced control of the 

aircraft. 

DATES: We must receive comments on 

this proposed AD by May 18, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

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 this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: jason.yang@faa.gov; telephone 

(781) 238–7747; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0201; Directorate Identifier 

2008–NE–47–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0145, 

dated August 1, 2008 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products.] 

The MCAI states: 

In-flight shutdown incidents have been 

reported on Diamond Aircraft Industries 

DA42 aircraft equipped with TAE 125 

engines. Preliminary investigations showed 


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