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

45173 

Vol. 73, No. 150 

Monday, August 4, 2008 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI09 

[NRC–2008–0361] 

License and Certificate of Compliance 

Terms 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Availability of preliminary draft 

rule language. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is making available 

preliminary draft rule language to 

amend its regulations concerning 

licensing requirements for the 

independent storage of spent nuclear 

fuel. This proposed rulemaking includes 

changes that clarify the license term 

limits for dry storage cask Certificates of 

Compliance (CoCs) and independent 

spent fuel storage installation (ISFSI) 

licenses, provide consistency between 

the general license requirements and the 

site-specific ISFSI license requirements, 

and allow part 72 general licensees to 

implement changes authorized by an 

amended CoC to a cask loaded under 

the initial CoC or an earlier amended 

CoC (a ‘‘previously loaded cask’’). More 

specifically, the proposed amendments 

would allow for longer initial and 

renewal terms for part 72 CoCs and 

licenses, clarify the general license 

storage term, clarify the difference 

between CoC ‘‘approval’’ and 

‘‘renewal,’’ allow a licensee to apply the 

changes associated with a CoC 

amendment to a previously loaded cask 

without express NRC approval, 

provided the cask then fully conforms to 

the terms, conditions, and specifications 

of the amended CoC, and make certain 

administrative and clarification 

changes. 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 at this time. 

DATES: Submit comments by August 31, 

2008. 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 following number, 

RIN 3150–AI09, in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

made available for public inspection. 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. The NRC may 

post updates periodically under Docket 

ID [NRC–2008–0361] on the Federal 

eRulemaking Portal at http:// 

www.regulations.gov that may be of 

interest to stakeholders. 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2008–0361]. 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 301–415–1966. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

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 O1F21, 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 1–899–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Keith K. McDaniel, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

5252, e-mail, keith.mcdaniel@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–2008–0361 as well as 

in ADAMS (ML081970262). 

The goal of this rulemaking is to both 

clarify the license term limits for part 72 

CoCs and licenses and to allow part 72 

general licensees to implement changes 

authorized by an amended CoC to a 

previously loaded cask. The proposed 

changes would also provide consistency 

between the general license 

requirements and the site-specific ISFSI 

license requirements within 10 CFR part 

72. 

The NRC is making a preliminary 

version of the draft proposed rule 

language available to inform 

stakeholders of the current status of this 

proposed rulemaking. The NRC is 

inviting stakeholders to comment on the 

draft proposed rule language. The NRC 

specifically asks for stakeholder review 

and comment on the draft provisions in 

72.212(b)(3)–(5) with regard to 

implementation of the requirements to 

allow a licensee to apply the changes 

authorized by an amended Certificate of 

Compliance to a previously loaded cask. 

This preliminary draft rule language 

may be subject to significant revisions 

during the rulemaking process. The 

NRC will review and consider any 

comments received for information 

only; the NRC will not respond to any 

comments received at this prerulemaking stage. As appropriate, the 

Statements of Consideration for the 

proposed rule will briefly discuss any 

substantive changes made to the 

proposed rule language as a result of 


ebenthall on PRODPC60 with PROPOSALS
45174 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules 

comments received. Once published as 

a proposed rule in the Federal Register, 

stakeholders will have an opportunity to 

comment on the proposed rule language 

and, the NRC will respond to any such 

comments in the Statements of 

Consideration for the final rule. 

Dated at Rockville, Maryland, this 28th day 

of July 2008. 

For the Nuclear Regulatory Commission. 

Dennis K. Rathbun, 

Director, Division of Intergovernmental 

Liaison and Rulemaking, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. E8–17796 Filed 8–1–08; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0832; Directorate 

Identifier 2008–NM–067–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 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) 

originated 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-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 3, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2141; fax (425) 227–1149. 

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–2008–0832; Directorate Identifier 

2008–NM–067–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 we receive 

about this proposed AD. 

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 2008–0034, 

dated February 20, 2008 [corrected 

February 21, 2008] (referred to after this 

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

condition for the specified products. 

The MCAI states: 

In-service experience has shown that a 

fracture of the gerotor pump of the A320 RAT 

[ram air turbine] may occur. This may lead 

to the non-operation of the RAT in case of 

an in-flight deployment. 

The Non-Deployment or NonPressurization of the RAT, associated with a 

double engine failure or a total loss of normal 

electrical power generation constitutes an 

unsafe condition. 

This AD mandates the replacement of the 

affected gerotor pump assembly, which will 

provide the required improved reliability of 

the RAT. 

The implementation of this modification 

was originally managed by an AIRBUS 

monitoring campaign. However, the rate of 

installation of the modification by operators 

has not met the predicted target. As such and 

to ensure continued compliance with the 

certification requirements it is considered 

necessary to require compliance by use of 

[an] AD. 

* * * * * 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Service Bulletin 

A320–29–1122, dated July 27, 2006. The 

actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 


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