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

71381 

Vol. 70, No. 228 

Tuesday, November 29, 2005 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AH77 

List of Approved Fuel Storage Casks: 

Standardized NUHOMS –32PT, 

–24PHB, and –24PTH Revision 8, 

Confirmation of Effective Date 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule: Confirmation 

of effective date. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of December 5, 2005, for 

the direct final rule that was published 

in the Federal Register on September 

20, 2005 (70 FR 55023). This direct final 

rule amended the NRC’s regulations to 

revise the Transnuclear, Inc., 

Standardized NUHOMS System listing 

to include Amendment No. 8 to 

Certificate of Compliance (CoC) No. 

1004. 

DATES: The effective date of December 5, 

2005, is confirmed for this direct final 

rule. 

ADDRESSES: Documents related to this 

rulemaking, including comments 

received, may be examined at the NRC 

Public Document Room, located at One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. These same 

documents may also be viewed and 

downloaded electronically via the 

rulemaking Web site (http:// 

www.ruleforum.llnl.gov). For 

information about the interactive 

rulemaking Web site, contact Ms. Carol 

Gallagher (301) 415–5905; e-mail 

CAG@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555, telephone (301) 

415–6219, e-mail jmm2@nrc.gov. 

SUPPLEMENTARY INFORMATION: On 

September 20, 2005 (70 FR 55023), the 

NRC published a direct final rule 

amending its regulations in 10 CFR part 

72 to revise the Standardized 

NUHOMS System listing within the 

‘‘List of Approved Spent Fuel Storage 

Casks’’ to include Amendment No. 8 to 

CoC No. 1004. This amendment adds a 

new spent fuel storage and transfer 

system, designated the NUHOMS

–24PTH System, and modifies the 

NUHOMS –32PT and –24PHB dry 

shielded canister designs. In the direct 

final rule, NRC stated that if no 

significant adverse comments were 

received, the direct final rule would 

become final on December 5, 2005. The 

NRC did not receive any comments that 

warranted withdrawal of the direct final 

rule. Therefore, this rule will become 

effective as scheduled. 

Dated at Rockville, Maryland, this 22nd 

day of November, 2005. 

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rules and Directives Branch, Division 

of Administrative Services, Office of 

Administration. 

[FR Doc. 05–23393 Filed 11–28–05; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21935; Directorate 

Identifier 2005–CE–37–AD; Amendment 39– 

14387; AD 2005–24–07] 

RIN 2120–AA64 

Airworthiness Directives; Pacific 

Aerospace Corporation Ltd. Model 

750XL Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA adopts a new 

airworthiness directive (AD) for certain 

Pacific Aerospace Corporation Ltd 

Model 750XL airplanes. This AD 

requires you to inspect the condition of 

the left and right outer panel attachment 

lugs for damage (scoring and gouging) 

and/or cracks (using a fluorescent 

penetrant inspection procedure for the 

crack inspection); to inspect the spacing 

of left and right outer panel attachment 

lugs; to replace the lugs if damage is 

found; and to make necessary 

corrections to the spacing. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued by the airworthiness authority for 

New Zealand. We are issuing this AD to 

prevent structural failure of the outer 

panel and spar due to a cracked, bent, 

or distorted condition of the left and 

right outer panel attachment lugs; and 

incorrect spacing of the left and right 

outer panel attachment lugs. This failure 

could lead to loss of control of the 

airplane. 

DATES: This AD becomes effective on 

December 29, 2005. 

As of December 29, 2005, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulation. 

ADDRESSES: To get the service 

information identified in this AD, 

contact Pacific Aerospace Corporation 

Ltd., Hamilton Airport, Private Bag HN 

3027, Hamilton, New Zealand; 

telephone: (64) 7–843–6144; facsimile: 

(64) 7–843–6134. 

To view the AD docket, go to the 

Docket Management Facility; U.S. 

Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590– 

001 or on the Internet at http:// 

www.dms.dot.gov. The docket number is 

FAA–2005–21935; Directorate Identifier 

2005–CE–37–AD. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; facsimile: 

(816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

What events have caused this AD? 

The Civil Aviation Authority (CAA), 

which is the airworthiness authority for 

New Zealand, recently notified FAA 

that an unsafe condition may exist on 

certain Pacific Aerospace Corporation 

Ltd Model 750XL airplanes. The CAA 

reports the attachment lug spacers are 

incorrectly sized and cause the lugs to 

distort when the attachment bolt is 

tightened. Also, outer wing attachment 

lugs were used to secure the spar in the 

wing build jig without spacers. This 

71382 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 

may have bent the clevis legs outward. 

These two problems may cause cracking 

and/or degradation of fatigue life. 

What is the potential impact if FAA 

took no action? A cracked, bent, or 

distorted condition of the left and right 

outer panel attachment lugs and 

incorrect spacing of the left and right 

outer panel attachment lugs could result 

in structural failure. This failure could 

lead to loss of control of the airplane. 

Has FAA taken any action to this 

point? We issued a proposal to amend 

part 39 of the Federal Aviation 

Regulations (14 CFR part 39) to include 

an AD that would apply to certain 

Pacific Aerospace Corporation Ltd 

Model 750XL airplanes. This proposal 

was published in the Federal Register 

as a notice of proposed rulemaking 

(NPRM) on August 19, 2005 (70 FR 

48657). The NPRM proposed to require 

you to inspect the condition and 

spacing of the left and right outer panel 

attachment lugs; replace the lugs if 

damage is found; and make any 

necessary corrections to the spacing. 

Comments 

Was the public invited to comment? 

We provided the public the opportunity 

to participate in developing this AD. We 

received no comments on the proposal 

or on the determination of the cost to 

the public. 

Conclusion 

What is FAA’s final determination on 

this issue? We have carefully reviewed 

the available data and determined that 

air safety and the public interest require 

adopting the AD as proposed except for 

minor editorial corrections. We have 

determined that these minor 

corrections: 

—Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

—Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

Changes to 14 CFR Part 39—Effect on 

the AD 

How does the revision to 14 CFR part 

39 affect this AD? On July 10, 2002, the 

FAA published a new version of 14 CFR 

part 39 (67 FR 47997, July 22, 2002), 

which governs the FAA’s AD system. 

This regulation now includes material 

that relates to altered products, special 

flight permits, and alternative methods 

of compliance. This material previously 

was included in each individual AD. 

Since this material is included in 14 

CFR part 39, we will not include it in 

future AD actions. 

Costs of Compliance 

How many airplanes does this AD 

impact? We estimate that this AD affects 

4 airplanes in the U.S. registry. 

What would be the cost impact of this 

AD on owners/operators of the affected 

airplanes? We estimate the following 

costs to do this proposed inspection: 

Labor cost Total cost per 

airplane 

Total cost on 

U.S. operators 

6 workhours × $65 = $390 ...................................................................................................................................... $390 $1,560 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of this 

inspection. We have no way of 

determining the number of airplanes 

that may need this replacement: 

Labor cost Parts cost Total cost per 

airplane 

16 workhours × $65 = $1,040 .................. Pacific Aerospace Corporation Ltd. will provide warranty credit for replacement 

costs.

$1,040 

Authority for this Rulemaking 

What authority does FAA have for 

issuing this rulemaking action? Title 49 

of the United States Code specifies the 

FAA’s authority to issue rules on 

aviation safety. Subtitle I, section 106 

describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this AD. 

Regulatory Findings 

Will this AD impact various entities? 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

Will this AD involve a significant rule 

or regulatory action? For the reasons 

discussed above, I certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

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. 

We prepared a summary of the costs 

to comply with this AD (and other 

information as included in the 

Regulatory Evaluation) and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2005–21935; 

Directorate Identifier 2005–CE–37–AD’’

in your request. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under 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. 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Rules and Regulations 71383 

§ 39.13 [Amended] 

■ 2. FAA amends § 39.13 by adding a 

new AD to read as follows: 

2005–24–07 Pacific Aerospace Corporation 

Ltd.: Amendment 39–14387; Docket No. 

FAA–2005–21935; Directorate Identifier 

2005–CE–37–AD. 

When Does This AD Become Effective? 

(a) This AD becomes effective on December 

29, 2005. 

What Other ADs Are Affected by This 

Action? 

(b) None. 

What Airplanes Are Affected by This AD? 

(c) This AD affects Model 750XL, serial 

numbers 101 through 115, that are 

certificated in any category. 

What Is the Unsafe Condition Presented in 

This AD? 

(d) This AD is the result of incorrect sizing 

of the attachment lug spacers causing the 

lugs to distort when the attachment bolt is 

tightened. Also, outer wing attachment lugs 

were used to secure the spar in the wing 

build jig without spacers. This may have bent 

the clevis legs outward. These two problems 

may cause cracking and/or degradation of 

fatigue life. The actions specified in this AD 

are intended to prevent structural failure of 

the outer panel and spar due to a cracked, 

bent, or distorted condition of the left and 

right outer panel attachment lugs; and 

incorrect spacing of the left and right outer 

panel attachment lugs. This failure could 

lead to loss of control of the airplane. 

What Must I Do To Address This Problem? 

(e) To address this problem, you must do 

the following: 

Actions Compliance Procedures 

(1) Inspect the left and right outer panel, paired 

center wing lugs, and the outer panel single 

lugs for damage (scoring or gouging).

Upon accumulating 300 hours time-in-service 

(TIS) or within 50 hours TIS after December 

29, 2005 (the effective date of this AD), 

whichever occurs later.

Follow Pacific Aerospace Corporation Ltd. 

Mandatory Service Bulletin PACSB/XL/015, 

Issue 3, amended April 8, 2005. 

(2) Inspect the left and right outer panel, paired 

center wing lugs, and the outer panel single 

lugs for cracks. You must use a fluorescent 

penetrant inspection procedure instead of the 

dye penetrant inspection procedure stated in 

the service information.

Upon accumulating 300 hours TIS or within 

50 hours TIS after December 29, 2005 (the 

effective date of this AD), whichever occurs 

later.

Follow Pacific Aerospace Corporation Ltd. 

Mandatory Service Bulletin PACSB/XL/015, 

Issue 3, amended April 8, 2005. 

(3) If any damage and/or cracks are found during the inspections required in paragraph 

(e)(1) and (e)(2) of this AD, you must replace 

the lugs.

Prior to further flight, after any inspection 

where damage and/or cracks are found.

Follow Pacific Aerospace Corporation Ltd. 

Mandatory Service Bulletin PACSB/XL/015, 

Issue 3, amended April 8, 2005. 

(4) Inspect the left and right wing paired lugs 

for parallel spacing within 0.010 inches. If the 

paired lugs are not parallel within 0.010 

inches, reshim outer wing attachment points 

and correct spacing.

Inspect upon accumulating 300 hours TIS or 

within 50 hours TIS after December 29, 

2005 (the effective date of this AD), whichever occurs later. Correct spacing and 

reshim prior to further flight after the inspection.

Follow Pacific Aerospace Corporation Ltd. 

Mandatory Service Bulletin PACSB/XL/015, 

Issue 3, amended April 8, 2005. 

May I Request an Alternative Method of 

Compliance? 

(f) You may request a different method of 

compliance or a different compliance time 

for this AD by following the procedures in 14 

CFR 39.19. Unless FAA authorizes otherwise, 

send your request to your principal 

inspector. The principal inspector may add 

comments and will send your request to the 

Manager, Standards Office, Small Airplane 

Directorate, FAA. For information on any 

already approved alternative methods of 

compliance, contact Karl Schletzbaum, 

Aerospace Engineer, FAA, Small Airplane 

Directorate, 901 Locust, Room 301, Kansas 

City, Missouri 64106; telephone: (816) 329–

4146; facsimile: (816) 329–4090. 

Is There Other Information That Relates to 

This Subject? 

(g) CAA Airworthiness Directive DCA/ 

750XL/5, dated April 28, 2005; and Pacific 

Aerospace Corporation Ltd. Mandatory 

Service Bulletin PACSB/XL/015, Issue 3, 

amended April 8, 2005 also address the 

subject of this AD. 

Does This AD Incorporate Any Material by 

Reference? 

(h) You must do the actions required by 

this AD following the instructions in Pacific 

Aerospace Corporation Ltd. Mandatory 

Service Bulletin PACSB/XL/015, Issue 3, 

amended April 8, 2005. The Director of the 

Federal Register approved the incorporation 

by reference of this service bulletin in 

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

part 51. To get a copy of this service 

information, contact Pacific Aerospace 

Corporation Ltd., Hamilton Airport, Private 

Bag HN 3027, Hamilton, New Zealand; 

telephone: (64) 7–843–6144; facsimile: (64) 

7–843–6134. To review copies of this service 

information, go to the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html or call (202) 741–6030. To 

view the AD docket, go to the Docket 

Management Facility; U.S. Department of 

Transportation, 400 Seventh Street, SW., 

Nassif Building, Room PL–401, Washington, 

DC 20590–001 or on the Internet at http:// 

dms.dot.gov. The docket number is FAA–

2005–21935; Directorate Identifier 2005–CE–

37–AD. 

Issued in Kansas City, Missouri, on 

November 17, 2005. 

David R. Showers, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–23260 Filed 11–28–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 902 

[SATS No. AK–006–FOR] 

Alaska Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving a proposed 

amendment to the Alaska regulatory 

program (the ‘‘Alaska program’’) under 

the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Alaska proposed revisions to and 

additions of rules about the description 

of geology; probable hydrologic 

consequences; application requirements 

for underground mining; requirements 

for a subsidence control plan; bonding; 

replacement of water supplies; design 

requirements for other treatment 

facilities; design requirements for 

impoundments; discharges into 

underground mines; performance