This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24049

Vol. 66, No. 92

Friday, May 11, 2001

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 70

RIN 3150–AE95

Clarification of Decommissioning

Funding Requirements; Correction

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule; correcting

amendments.

SUMMARY: This document corrects a

misreference appearing in a final rule

that was published in the Federal

Register on July 26, 1995 (60 FR 38235).

This action is to correct this

typographical error for clarity and

consistency in the regulations.

DATES: Effective May 11, 2001.

FOR FURTHER INFORMATION CONTACT:

Jayne M. McCausland, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001 [telephone

(301) 415–6219, e-mail JMM2@nrc.gov].

SUPPLEMENTARY INFORMATION:

Background

On July 26, 1995 (60 FR 38235), a

final rule entitled ‘‘Clarification of

Decommissioning Funding

Requirements’’ was published in the

Federal Register. The purpose of the

final rule was to amend the regulations

applicable to decommissioning funding

assurance and the expiration and

termination of licenses for nonreactor

licensees. In that final rule, paragraph

(e) of § 30.36, Expiration and

termination of licensees and

decommissioning of sites and separate

buildings or outdoor areas,’’ referenced

§ 30.35, Financial assurance and

recordkeeping for decommissioning.’’

Similarly, paragraph (e) to § 40.42,

Expiration and termination of licenses

and decommissioning of sites and

separate or outdoor areas, referenced

§ 40.36, Financial assurance and

recordkeeping for decommissioning.

However, paragraph (e) to § 70.38,

Expiration and termination of licenses

and decommissioning of sites and

separate buildings or outdoor areas,

erroneously referenced § 30.35 instead

of § 70.25, Financial assurance and

recordkeeping for decommissioning.

This typographical error needs to be

corrected.

Need for Corrections

As published, the final rule entitled

‘‘Clarification of Decommissioning

Funding Requirements’’ (60 FR 38235;

July 26, 1995) contains a typographical

error in § 70.38(e) which needs to be

corrected.

List of Subjects in 10 CFR Part 70

Criminal penalties, Hazardous

materials transportation, Material

control and accounting, Nuclear

materials, Packaging and containers,

Radiation protection, Reporting and

recordkeeping requirements, Scientific

equipment, Security measures, Special

nuclear material.

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 amendment to

10 CFR part 70.

PART 70—DOMESTIC LICENSING OF

SPECIAL NUCLEAR MATERIAL

1. The authority citation for Part 70

continues to read as follows:

Authority: Secs. 51, 53, 161, 182, 183, 68

Stat. 929, 930, 948, 953, 954, as amended,

sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2071, 2073, 2201, 2232, 2233, 2282, 2297f);

secs. 201, as amended, 202, 204, 206, 88 Stat.

1242, as amended, 1244, 1245, 1246 (42

U.S.C. 5841, 5842, 5845, 5846); sec. 193, 104

Stat. 2835 as amended by Pub. L. 104–134,

110 Stat. 1321, 1321–349 (42 U.S.C. 2243).

Sections 70.1 and 70.20a(b) also issued

under secs. 134, 141, Pub. L. 97–425, 96 Stat.

2232, 2241 (42 U.S.C. 10155). Section 70.7

also issued under Pub. L. 95–601, sec. 10, 92

Stat. 2951 (42 U.S.C. 5851). Section 70.21(g)

also issued under sec. 122, 68 Stat. 939 (42

U.S.C. 2152). Section 70.31 also issued under

sec. 57d. Pub. L. 93–377, 88 Stat. 475 (42

U.S.C. 2077). Sections 70.36 and 70.44 also

issued under sec. 184, 68 Stat. 954, as

amended (42 U.S.C. 2234). Section 70.61 also

issued under secs. 186, 187, 68 Stat. 955 (42

U.S.C. 2236, 2237). Section 70.62 also issued

under sec. 108, 68 Stat. 939, as amended (42

U.S.C. 2138).

2. In § 70.38, the introductory text of

paragraph (e) is revised to read as

follows

§ 70.38 Expiration and termination of

licenses and decommissioning of sites and

separate buildings or outdoor areas.

* * * * *

(e) Coincident with the notification

required by paragraph (d) of this

section, the licensee shall maintain in

effect all decommissioning financial

assurances established by the licensee

pursuant to § 70.25 in conjunction with

a license issuance or renewal or as

required by this section. The amount of

the financial assurance must be

increased, or may be decreased, as

appropriate, to cover the detailed cost

estimate for decommissioning

established pursuant to paragraph

(g)(4)(v) of this section.

* * * * *

Dated at Rockville, Maryland, this 7th day

of May, 2001.

For the Nuclear Regulatory Commission.

Michael T. Lesar,

Rules and Directives Branch, Division of

Administrative Services,Office of

Administration.

[FR Doc. 01–11901 Filed 5–10–01; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–123–AD; Amendment

39–12226; AD 2001–10–01]

RIN 2120–AA64

Airworthiness Directives; Empresa

Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB–135 and

EMB–145 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Empresa Brasileira

de Aeronautica S.A. (EMBRAER) Model

EMB–135 and EMB–145 series

airplanes. This action requires revising

the FAA-approved Airplane Flight

24050 Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Rules and Regulations

Manual to prohibit in-flight auxiliary

power unit (APU) starts, and installing

a placard on or near the APU start/stop

switch panel to provide such

instructions to the flight crew. This

action is necessary to prevent flame

backflow into the APU compartment

through the eductor during in-flight

APU starts, which could result in fire in

the APU compartment. This action is

intended to address the identified

unsafe condition.

DATES: Effective May 29, 2001. Comments for inclusion in the Rules

Docket must be received on or before

June 11, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

123–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address:

9-anm-iarcomment@faa.gov. Comments

sent via the Internet must contain

‘‘Docket No. 2001–NM–123–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via fax or

the Internet as attached electronic files

must be formatted in Microsoft Word 97

for Windows or ASCII text.

Information pertaining to this

amendment may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT:

Linda M. Haynes, Aerospace Engineer,

Airframe and Propulsion Branch,

ACE–117A, FAA, Atlanta Aircraft

Certification Office, One Crown Center,

1895 Phoenix Boulevard, suite 450,

Atlanta, Georgia 30337–2748; telephone

(770) 703–6091; fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: The

Departmento de Aviacao Civil (DAC),

which is the airworthiness authority for

Brazil, recently notified the FAA that an

unsafe condition may exist on certain

EMBRAER Model

EMB–135 and EMB–145 series

airplanes. The DAC advises that it has

received a report of occurrences of

auxiliary power unit (APU) flame

backflow into the APU compartment

through the exhaust eductor, during inflight APU starts. The airplane manufacturer

(EMBRAER) has reported to the DAC

and FAA that two APU fire alarms were

triggered during in-flight APU starts at

30,000 feet on two airplanes. As a result,

the fire sensors were replaced, but the

same event occurred again in one of the

airplanes. EMBRAER then inspected all

APU’s on the production fleet at its

manufacturing facility, and found

evidence of flame backflow (flames

ingested back into the APU

compartment) and minor damage

(singed harness ties and discoloration)

on four airplanes. EMBRAER and Hamilton Sunstrand

Power Systems (the APU manufacturer)

further investigated the APU flame

backflow events to determine the cause.

Based on theoretical analysis and field

data, the two manufacturers reached the

following conclusions: • The root cause is due to flames (that

were generated during in-flight APU

starts) being ingested into the APU

compartment through the eductor. • The event is only possible during

in-flight APU start attempts at high

altitudes where the fuel mixture tends

to be rich. In that case, torching flames

can occur when excessive fuel exits the

combustor and is burned in the exhaust

as the new air mixes with the hot gases. • For APU ground starts only, none of

the EMBRAER production airplanes

showed burn marks. When the APU was

used on approach for landing at lower

altitudes (5,000 to 10,000 feet), field

inspections of all affected airplanes (five

airplanes with the APU model specified

in the applicability of this AD) showed

no burn marks. • The probability of having a flame

backflow event increases during high

speeds. The APU manufacturer has

found that if a large amount of pressure

is present on the exhaust, the

compressor may not have enough

efficiency to overcome this pressure

during the first stages of an in-flight

APU start. In this case, the flame

backflow would be diverted into the

tailcone.

Even though there have been no

occurrences of this flame backflow

event at low altitudes, the DAC and

FAA have determined that it is still

possible for the flame backflow to occur.

For that reason, both the DAC and FAA

consider that any inflight starts of the

APU could adversely affect the safety of

flight.

Explanation of Relevant Foreign

Airworthiness Information

The DAC issued Brazilian emergency

airworthiness directive 2001–04–02,

dated April 12, 2001, in order to assure

the continued airworthiness of these

airplanes in Brazil. The Brazilian

airworthiness directive references

procedures for installing the APU

placard in EMBRAER Alert Service

Bulletin 145–49–A017, dated April 12,

2001.

FAA’s Conclusions

These airplane models are

manufactured in Brazil and are type

certificated for operation in the United

States under the provisions of § 21.29 of

the Federal Aviation Regulations (14

CFR 21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DAC has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the DAC,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to

prevent flame backflow into the APU

compartment through the eductor

during in-flight APU starts, which could

result in fire in the APU compartment.

This AD requires revising the

FAA-approved Airplane Flight Manual

to prohibit in-flight APU starts, and

installing a placard on or near the APU

start/stop switch panel to provide such

instructions to the flight crew.

Differences Between the Brazilian

Airworthiness Directive and This AD

Operators should note that the service

bulletin referenced in the Brazilian

airworthiness directive specifies

installing the decal (placard) in the

‘‘pedestal panel’’ of the airplane, and

the Brazilian airworthiness directive

specifies such installation in the ‘‘main

instrument panel.’’ However, paragraph

(b) of this AD specifies installing the

placard ‘‘on or near the APU start/stop

switch panel.’’

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Federal Register / Vol. 66, No. 92 / Friday, May 11, 2001 / Rules and Regulations 24051

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the AD is being requested.

• Include justification (e.g., reasons or

data) for each request.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2001–NM–123–AD.’’

The postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein 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. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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, 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:

2001–10–01 Empresa Brasileira de

Aeronautica S.A. (EMBRAER):

Amendment 39–12226. Docket 2001–

NM–123–AD.

Applicability: Model EMB–135 and EMB–

145 series airplanes, certificated in any

category, equipped with Hamilton

Sundstrand Power Systems auxiliary power

unit (APU) model T–62T–40C14 (APS 500R).

Compliance: Required as indicated, unless

accomplished previously.

To prevent flame backflow into the APU

compartment through the eductor during inflight APU starts, which could result in fire

in the APU compartment, accomplish the

following:

Airplane Flight Manual (AFM) Revision

(a) Within 25 flight hours or 10 days after

the effective date of this AD, whichever

occurs first, accomplish the actions required

by paragraphs (a)(1) and (a)(2) of this AD.

(1) Install a placard on or near the APU

start/stop switch panel that reads:

‘‘Caution: In-Flight APU Starts are

Prohibited’’

(2) Revise the Limitations Section of the

FAA-approved AFM to include the

information on the placard, as specified in

paragraph (a)(1) of this AD, and to limit APU

starts to ground conditions only. This may be

accomplished by inserting a copy of this AD

in the AFM.

Note 1: Because APU starts are prohibited

in flight when an engine-driven generator is

inoperative, the APU must be started on the

ground in order to dispatch, and the APU

must be kept operational for the entire flight.

Alternative Methods of Compliance

(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, Atlanta

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with §§ 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.

Note 3: The subject of this AD is addressed

in Brazilian emergency airworthiness

directive 2001–04–02, dated April 12, 2001.

Effective Date

(d) This amendment becomes effective on

May 29, 2001.

Issued in Renton, Washington, on May 7,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate,Aircraft Certification Service.

[FR Doc. 01–11899 Filed 5–10–01; 8:45 am]

BILLING CODE 4910–13–U