19170 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules

owners of rental properties, co-ops for

housing preservation or for replacement

housing as described in § 1944.656 of

this subpart.

* * * * *

(d) Authorized replacement housing

assistance includes, but is not limited

to:

(1) Building a dwelling and providing

related facilities for use by the

individual homeowner as a permanent

resident;

(2) Providing a safe and sanitary water

and waste disposal system, together

with related plumbing and fixtures,

which will meet local health

department requirements;

(3) Providing minimum site

preparation, including grading,

foundation plantings, and minimal

landscaping;

(4) Providing special design features

or equipment when necessary because

of physical handicap or disability of the

HPG recipient or member of the

household;

(5) Purchasing and installing

approved energy saving measures and

approved furnaces and space heaters

which use a type of fuel that is

commonly used, and is economical and

dependably available;

(6) Providing storm cellars and similar

protective structures, if typical for the

area;

(7) Paying real estate taxes which are

due and payable on the existing

dwelling/site at the time of closing, if

this amount is not a substantial part of

the HPG assistance;

(8) Providing living area for the HPG

recipient and all members of the

household as specified in § 1944.16 (c)

of subpart A of this part; and

(9) Moving a dwelling onto the site of

the demolished, previously existing

housing and meeting all HPG housing

preservation requirements for repair and

rehabilitation;

(10) Providing funds for demolishing

the existing housing; and

(11) Any other cost that is reasonable

and justifiable directly related to

replacement activities.

* * * * *

(h) * * *

(1) Assist in the construction or

completion of an addition (excluding

paragraph (c)(11) of this section) or a

new dwelling. This paragraph does not

apply to replacement housing.

* * * * *

(3) Repair or rehabilitate, as well as

replace any property located in the

Coastal Barrier Resources System.

10. Section 1944.665 is amended by

revising the heading and the first

sentence to read as follows:

§ 1944.665 Supervision and inspection of

work.

Grantees are responsible for

supervising all rehabilitation and repair

work, as well as replacement housing

financed with HPG assistance. * * *

§ 1944.666 [Amended]

11. Section 1944.666 is amended by

revising the reference ‘‘§ 1944.64 (f)’’ to

read ‘‘§ 1944.664 (g)’’ in the last

sentence of paragraph (b)(3), and by

adding the words ‘‘, as well as for

replacement housing (individual

homeowners only)’’ after the word

‘‘rehabilitation’’ in paragraph (b)(6).

§ 1944.667 [Amended]

12. Section 1944.667 is amended by

adding the words ‘‘, or for individual

homes replaced,’’ after the word

‘‘rehabilitated’’ in the second sentence

of the introductory text of paragraph (a).

13. Section 1944.670 is amended by

revising paragraph (b) to read as follows:

§ 1944.670 Project income.

* * * * *

(b) Grantees are encouraged to

establish a program which reuses

income from loans after the grant period

for continuing repair and rehabilitation

activities, as well as for individual

housing replaced.

14. Section 1944.671 is amended by

revising paragraph (a)(2) to read as

follows:

§ 1944.671 Equal opportunity

requirements and outreach efforts.

* * * * *

(a) * * *

(2) The term ‘‘residential real estaterelated transaction’’ includes the

making or purchasing of loans, grants,

or other financial assistance for

purchasing, constructing, improving,

repairing, or rehabilitating a unit or

dwelling, as well as for replacement

housing for individual homeowners.

* * * * *

15. Section 1944.672 is amended by

adding the words ‘‘or housing

replacement’’ after the word

‘‘preservation’’ in the fourth sentence of

paragraph (b); in paragraph (d), by

revising the reference ‘‘Paragraph VII of

exhibit C of this subpart’’ to read

‘‘Paragraph VIII of exhibit C of this

subpart’’; and by revising the first

sentence of paragraphs (a) and (b) to

read as follows:

§ 1944.672 Environmental requirements.

* * * * *

(a) The approval of an HPG grant for

the repair, rehabilitation, or replacement

of dwellings shall be a Class I action.

* * *

(b) The use of HPG funds by the

grantee to repair, rehabilitate, or replace

specific dwellings is generally exempt

from an RHCDS environmental

review. * * *

* * * * *

§ 1944.673 [Amended]

16. Section 1944.673 is amended by

adding the words ‘‘and replacement

housing’’ after the word ‘‘preservation’’

in the section heading, and by revising

the words ‘‘rehabilitation or repair’’ to

read ‘‘rehabilitation, repair, or

replacement’’ in the first sentence of

paragraph (b).

17. Section 1944.683 is amended by

redesignating paragraphs (b)(3) through

(b)(7) as paragraphs (b)(4), through (b)(8)

respectively, by adding the words ‘‘, as

well as for replacement housing,’’ after

the word ‘‘rehabilitation’’ in newly

redesignated paragraph (b)(4)(i) and

after the word ‘‘financed’’ in newly

redesignated paragraph (b)(8), and by

adding a new paragraph (b)(3) to read as

follows:

§ 1944.683 Reporting requirements.

* * * * *

(b) * * *

(3) The use of HPG and any other

funds for replacement housing.

* * * * *

Dated: March 22, 1995.

Michael V. Dunn,

Acting Under Secretary, Rural Economic and

Community Development.

[FR Doc. 95–9262 Filed 4–14–95; 8:45 am]

BILLING CODE 3410–07–U

NUCLEAR REGULATORY

COMMISSION

10 CFR Parts 50 and 70

RIN 3150–AF27

Physical Security Plan Format

Changes

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is proposing to

amend its regulations to eliminate the

requirement for applicants for power

reactor and Category I fuel cycle

licenses to submit physical security

plans in two parts. This action is

necessary to allow for a quicker and

more efficient review of the physical

security plans.

DATES: The comment period expires

May 17, 1995. Comments received after

this date will be considered if it is
Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules 19171

practical to do so, but the Commission

is able to assure consideration only for

comments received on or before this

date.

ADDRESSES: Mail written comments to

the Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Attention: Docketing and Service

Branch. Deliver comments to One White

Flint North, 11555 Rockville Pike,

Rockville, Maryland, between 7:30 am

and 4:15 pm, Federal workdays.

Copies of the comments received may

be examined at the NRC Public

Document Room, 2120 L Street, NW

(Lower Level), Room LL6, Washington,

DC.

FOR FURTHER INFORMATION CONTACT: Ms.

Carrie Brown, Office of Nuclear Material

Safety and Safeguards, U. S. Nuclear

Regulatory Commission, Washington,

DC 20555, telephone (301) 415–8092.

SUPPLEMENTARY INFORMATION: Under

current NRC regulations, applicants for

power reactor and Category I fuel cycle

licenses must submit physical security

plans in two parts. Applicants for power

reactor and Category I fuel cycle

licenses are required to address in Part

1 of their plans how they will comply

with the applicable regulations of 10

CFR parts 11 and 73. They are required

to list in Part 2 of their plans any test,

inspections, audits and any other means

to be used to demonstrate compliance

with the regulations.

The two part format is restrictive and

has no regulatory advantage. If this rule

is adopted as a final rule, existing

licensees with physical security plans

approved before the effective date

would not be required to revise their

plans. These licensees may however,

revise their plans on a voluntary basis,

pursuant to the rules that permit

licensees to make changes in security

plans that do not decrease the

effectiveness of the plans. This rule, if

adopted, will not change any of the

substantive content currently required

in the physical security plans.

The benefit of this rulemaking would

be the elimination of an unnecessary

requirement and there are no expected

adverse impacts. For those licensees

who desire to revise their physical

security plans, the staff has revised

Regulatory Guide 5.52, ‘‘Standard

Format and Content of a Licensee

Physical Protection Plan for Strategic

Special Nuclear Material at Fixed Sites

(Other than Nuclear Power Plants),’’ for

use as guidance. The NRC encourages,

but does not require, applicants or

licensees to follow this guidance which

would allow for a quicker and more

efficient review of the plans.

Environmental Impact: Categorical

Exclusion

The NRC has determined that this

proposed rule is the type of action

described as a categorical exclusion in

10 CFR 51.22(c)(2). Therefore, neither

an environmental impact statement nor

an environmental assessment has been

prepared for this proposed rule.

Paperwork Reduction Act Statement

This rule does not contain a new or

amended information collection

requirement subject to the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.). Existing requirements were

approved by the Office of Management

and Budget, approval numbers 3150–

0009 and 0011.

Regulatory Analysis

The Commission has not prepared a

regulatory analysis on this regulation

because the amendment does not

involve a question of policy, will have

no impact on public health and safety,

and would impose no additional burden

on licensees.

Regulatory Flexibility Certification

In accordance with the Regulatory

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

the Commission certifies that this

proposed rule, if adopted, will not have

a significant economic impact upon a

substantial number of small entities.

This proposed rule would affect

applicants for power reactor and

Category I fuel cycle licenses. Because

these licensees are not classified as

small entities as defined by the NRC’s

size standards (December 9, 1985; 50 FR

50241), the Commission finds that this

proposed rule does not have a

significant economic impact upon a

substantial number of small entities.

Backfit Analysis

The NRC has determined that the

backfit rule, 10 CFR 50.109, does not

apply to this proposed rule, and

therefore, that a backfit analysis is not

required because this amendment does

not involve any provisions which would

impose backfits as defined in 10 CFR

50.109(a)(1).

List of Subjects

10 CFR Part 50

Antitrust, Classified information,

Criminal penalties, Fire protection,

Intergovernmental relations, Nuclear

power plants and reactors, Radiation

protection, Reactor siting criteria,

Reporting and recordkeeping

requirements.

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 proposing to adopt the following

amendments to 10 CFR parts 50 and 70.

PART 50—DOMESTIC LICENSING OF

PRODUCTION AND UTILIZATION

FACILITIES

1. The authority citation for part 50

continues to read as follows:

Authority: Secs. 102, 103, 104, 105, 161,

182, 183, 186, 189, 68 Stat. 936, 937, 938,

948, 953, 954, 955, 956, as amended, sec.

234, Stat. 1244, as amended (42 U.S.C. 2132,

2133, 2134, 2135, 2201, 2232, 2233, 2236,

2239, 2282); secs. 201, as amended, 202, 206,

88 Stat. 1242, as amended, 1244, 1246 (42

U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L. 95–

601, sec. 10, 92 Stat. 2951 as amended by

Pub. L. 102–486, sec. 2902, 106 Stat 3123 (42

U.S.C. 5851). Section 50.10 also issued under

secs. 101, 185, 68 Stat. 936, 955, as amended

(42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91–

190, 83 Stat. 853 (42 U.S.C. 4332). Sections

50.13, 50.54(dd), and 50.103 also issued

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

U.S.C. 2138). Sections 50.23, 50.35, 50.55,

and 50.56 also issued under sec. 185, 68 Stat.

955 (42 U.S.C. 2235). Sections 50.33a, 50.55a

and Appendix Q also issued under sec. 102,

Pub. L. 91–190, 83 Stat. 853(42 U.S.C. 4332).

Sections 50.34 and 50.54 also issued under

sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).

Sections 50.58, 50.91, and 50.92 also issued

under Pub. L. 97–415, 96 Stat. 2073 (42

U.S.C. 2239). Section 50.78 also issued under

sec. 122, 68 Stat. 939 (42 U.S.C. 2152).

Sections 50.80, 50.81 also issued under sec.

184, 68 Stat. 954, as amended (42 U.S.C.

2234). Appendix F also issued under sec.

187, 68 Stat. 955 (42 U.S.C 2237).

2. In § 50.34, paragraph (c) is revised

to read as follows:

§ 50.34 Contents of applications, technical

information.

* * * * *

(c) Each application for a license to

operate a production or utilization

facility must include a physical security

plan. The plan must describe how the

applicant will meet the requirements of

10 CFR part 73 (and 10 CFR part 11, if

applicable, including the identification

and description of jobs as required by

§ 11.11(a), at the proposed facility). The

plan must list tests, inspections, audits,
19172 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules

and other means to be used to

demonstrate compliance with the

requirements of 10 CFR parts 11 and 73,

if applicable.

* * * * *

PART 70—DOMESTIC LICENSING OF

SPECIAL NUCLEAR MATERIAL

3. 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); secs.

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

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

U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued

under secs. 135, 141, Pub. L. 97–425, 96 Stat.

2232, 2241 (42 U.S.C. 10155, 10161). Section

70.7 also issued under Pub. L. 95–601, sec.

10, 92 Stat. 2951 as amended by Pub. L. 102–

486, sec. 2902, 106 Stat. 3123 (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).

4. In § 70.22, paragraph (h)(1) is

revised to read as follows:

§ 70.22 Contents of applications.

* * * * *

(h)(1) Each application for a license to

possess or use at any site or contiguous

sites subject to licensee control, a

formula quantity of strategic special

nuclear material as defined in § 70.4

other than a license for possession or

use of this material in the operation of

a nuclear reactor licensed pursuant to

part 50 of this chapter, must include a

physical security plan. The plan must

describe how the applicant will meet

the applicable requirements of part 73 of

this chapter in the conduct of the

activity to be licensed, including the

identification and description of jobs as

required by 10 CFR 11.11(a). The plan

must list tests, inspections, audits, and

other means to be used to demonstrate

compliance with the requirements of 10

CFR parts 11 and 73, if applicable.

* * * * *

Dated at Rockville, Maryland, this 5th day

of April, 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95–9369 Filed 4–14–95; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–CE–33–AD]

Airworthiness Directives; Beech

Aircraft Corporation Model 1900D

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to Beech Aircraft

Corporation (Beech) Model 1900D

airplanes. The proposed action would

require inspecting the cabin partition to

ensure that a right-hand forward

partition bracket exists on certain

airplanes, installing this bracket if it

does not exist, and improving the righthand forward partition installation on

all affected airplanes. Deficiencies

found during a structural analysis of the

cabin partition prompted the proposed

action. The actions specified by the

proposed AD are intended to prevent

cabin partition failure because of a

structural deficiency, which, if not

detected and corrected, could cause

passenger injury if the partition could

not withstand the load incurred with

the baggage compartment loaded to its

250-pound limit.

DATES: Comments must be received on

or before June 19, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket No. 94–CE–33–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from the

Beech Aircraft Corporation, P.O. Box 85,

Wichita, Kansas 67201–0085. This

information also may be examined at

the Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Steve Potter, Aerospace Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone (316) 946–4124; facsimile

(316) 946–4407.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 94–CE–33–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 94–CE–33–AD, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

Discussion

The FAA has received a report from

the Beech Aircraft Corporation (Beech)

of a structural deficiency on Model

1900D airplanes. Beech reports that

certain Model 1900D airplanes may be

missing a bracket on the right-hand

forward cabin partition, and that, even

with this bracket installed, the airplane

model design may not be capable of

withstanding the load incurred with the

baggage compartment loaded to its 250-

pound limit. This condition, if not

detected and corrected, could result in

passenger injury if this load is incurred

with the airplane occupied.

Beech has issued Service Bulletin

(SB) No. 2556, Revision 1, dated

February 1995, which references Kit

Drawing No. 129–5007 and Kit No. 129–

5007–1 S. Kit Drawing No. 129–5007

specifies the design location of the

bracket that may be missing, and Kit No.

129–5007–1 S includes parts and

instructions necessary to improve the