Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 56451 

Authority: 7 U.S.C. 4501–4514 and 7 

U.S.C. 7401. 

■ 2. In § 1150.131, paragraphs (a)(1), 

(a)(2), (a)(3), (a)(4), (a)(11), and (a)(12) 

are revised as follows: 

§ 1150.131 Establishment and 

membership. 

(a) * * * 

(1) One member from region number 

one comprised of the following States: 

Washington and Oregon. 

(2) Eight members from region 

number two comprised of the following 

State: California. 

(3) Four members from region number 

three comprised of the following States: 

Arizona, Colorado, Idaho, Montana, 

Nevada, Utah and Wyoming. 

(4) Four members from region number 

four comprised of the following States: 

Arkansas, Kansas, New Mexico, 

Oklahoma and Texas. 

* * * * * 

(11) Two members from region 

number eleven comprised of the 

following States: Delaware, Maryland, 

New Jersey and Pennsylvania. 

(12) Two members from region 

number twelve comprised of the 

following State: New York. 

* * * * * 

Dated: September 23, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–22739 Filed 9–26–08; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 140 

RIN 3150–AI44 

[NRC–2008–0512] 

Inflation Adjustment to the PriceAnderson Act Financial Protection 

Regulations 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Atomic Energy Act of 

1954, as amended, (AEA) requires the 

NRC to adjust the maximum total and 

annual standard deferred premiums 

specified in the Price-Anderson Act for 

inflation at least once during each 5- 

year period following August 20, 2003. 

The NRC is amending its regulations to 

satisfy this requirement. 

DATES: This rule is effective on October 

29, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Maxwell C. Smith, Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone (301) 415–1246, e-mail: 

maxwell.smith@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Final Rule 

III. Voluntary Consensus Standard 

IV. Environmental Impact: Categorical 

Exclusion 

V. Paperwork Reduction Act Statement 

VI. Regulatory Analysis 

VII. Regulatory Flexibility Certification 

VIII. Backfit Analysis 

IX. Congressional Review Act 

I. Background 

Section 604 of the Energy Policy Act 

of 2005, Public Law 109–58, amended 

section 170 of the AEA (‘‘PriceAnderson Act’’) to require the NRC to 

adjust the maximum total and annual 

standard deferred premiums not less 

than once during each 5-year period 

following August 20, 2003 in 

accordance with the aggregate 

percentage change in the Consumer 

Price Index. The NRC made the initial 

changes to the Price-Anderson Act 

amounts required by section 604 of the 

Energy Policy Act on October 27, 2005 

(70 FR 61885). This final rule makes the 

required inflation adjustments to the 

maximum total and annual standard 

deferred premiums. 

This rule simply incorporates 

mandatory statutory requirements. 

Accordingly, good cause exists under 5 

U.S.C. section 553(d)(3) to publish this 

final rule without soliciting public 

comment because the Commission has 

no discretion in these matters and 

public comment would serve no useful 

purpose. The NRC is required only to 

perform ministerial computations. The 

revisions are being published as a final 

rule that will become effective 30 days 

from the date of publication in the 

Federal Register. 

II. Discussion of the Final Rule 

Section 170t. ‘‘Inflation Adjustment’’ 

of the AEA requires the NRC to ‘‘adjust 

the amount of the maximum total and 

annual standard deferred premium 

under subsection b.(1) not less than 

once during each 5-year period 

following August 20, 2003 in 

accordance with the aggregate 

percentage change in the Consumer 

Price Index.’’ The NRC’s implementing 

regulations for the Price-Anderson Act 

are found in 10 CFR part 140. 

Accordingly, the Commission is 

amending 10 CFR 140.11, ‘‘Amounts of 

financial protection for certain 

reactors’’, to adjust for the increase in 

inflation since August 20, 2003. 

Specifically, as set forth in section 170t. 

of the AEA, the Commission is adjusting 

the amount of the maximum total and 

annual standard deferred premium. 

The current maximum total deferred 

premium in 10 CFR 140.11(a)(4) is 

$95,800,000 and the maximum annual 

deferred premium is $15,000,000. The 

Consumer Price Index in August 2003 

was 183.9. The most recent Consumer 

Price Index, April 2008, is 214.823. This 

represents an increase of approximately 

16.82%. When this increase is applied 

to the maximum total and annual 

standard deferred premium and 

rounded, the new maximum total 

deferred premium is $111,900,000, and 

the maximum annual deferred premium 

is $17,500,000. Section 140.11(a)(4) is 

being changed accordingly. 

III. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless 

using such a standard is inconsistent 

with applicable law or is otherwise 

impractical. In this rule, the NRC is 

revising its regulations to reflect 

statutory mandates contained in the 

Energy Policy Act of 2005. This action 

does not constitute the establishment of 

a standard that contains generally 

applicable requirements. 

IV. Environmental Impact: Categorical 

Exclusion 

The Commission has determined that 

this final rule is the type of action 

described as a categorical exclusion in 

10 CFR 51.22(c)(1). Therefore, neither 

an environmental impact statement nor 

an environmental assessment has been 

prepared for this final rule. 

V. Paperwork Reduction Statement 

This final rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

VI. Regulatory Analysis 

A regulatory analysis has not been 

prepared for this regulation. This rule 

amends NRC regulations to be 

consistent with provisions of the 


jlentini on PROD1PC65 with RULES
56452 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Rules and Regulations 

Atomic Energy Act of 1954, as amended. 

This rule does not involve an exercise 

of Commission discretion and, 

therefore, does not necessitate 

preparation of a regulatory analysis. 

VII. Regulatory Flexibility Certification 

As required by the Regulatory 

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

the Commission certifies that this final 

rule would not have a significant 

economic impact upon a substantial 

number of small entities. 

VIII. Backfit Analysis 

The NRC has determined that the 

backfit rule, 10 CFR 50.109, 70.76, 

72.62, 76.76, does not apply to this final 

rule because these amendments are 

mandated by the Energy Policy Act of 

2005. 

IX. Congressional Review Act 

In accordance with the Congressional 

Review Act, the NRC has determined 

that this action is not a major rule and 

has verified this determination with the 

Office of Information and Regulatory 

Affairs of OMB. 

List of Subjects in 10 CFR Part 140 

Criminal penalties, Extraordinary 

nuclear occurrence, Insurance, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Reporting and recordkeeping 

requirements. 

■ 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. 552 and 553, 

the NRC is adopting the following 

amendment to 10 CFR part 140. 

PART 140—FINANCIAL PROTECTION 

REQUIREMENTS AND INDEMNITY 

AGREEMENTS 

■ 1. The authority citation for part 140 

continues to read as follows: 

Authority: Secs. 161, 170, 68 Stat. 948, 71 

Stat. 576 as amended (42 U.S.C. 2201, 2210); 

secs. 201, as amended, 202, 88 Stat. 1242, as 

amended, 1244 (42 U.S.C. 5841, 5842); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

Pub. L. 109–58. 

■ 2. Section 140.11, paragraph (a)(4) is 

revised to read as follows: 

§ 140.11 Amounts of financial protection 

for certain reactors. 

(a) * * * 

(4) In an amount equal to the sum of 

$300,000,000 and the amount available 

as secondary financial protection (in the 

form of private liability insurance 

available under an industry 

retrospective rating plan providing for 

deferred premium charges equal to the 

pro rata share of the aggregate public 

liability claims and costs, excluding 

costs payment of which is not 

authorized by section 170o.(1)(D) of the 

Act, in excess of that covered by 

primary financial protection) for each 

nuclear reactor which is licensed to 

operate and which is designed for the 

production of electrical energy and has 

a rated capacity of 100,000 electrical 

kilowatts or more: Provided, however, 

that under such a plan for deferred 

premium charges for each nuclear 

reactor which is licensed to operate, no 

more than $111,900,000 with respect to 

any nuclear incident (plus any 

surcharge assessed under subsection 

170o.(1)(E) of the Act) and no more than 

$17,500,000 per incident within one 

calendar year shall be charged. Except 

that, where a person is authorized to 

operate a combination of 2 or more 

nuclear reactors located at a single site, 

each of which has a rated capacity of 

100,000 or more electrical kilowatts but 

not more than 300,000 electrical 

kilowatts with a combined rated 

capacity of not more than 1,300,000 

electrical kilowatts, each such 

combination of reactors shall be 

considered to be a single nuclear reactor 

for the sole purpose of assessing the 

applicable financial protection required 

under this section. 

* * * * * 

Dated at Rockville, Maryland, this 9th day 

of September, 2008. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E8–22784 Filed 9–26–08; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0675; Directorate 

Identifier 2007–NM–192–AD; Amendment 

39–15682; AD 2008–20–03] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.28 Mark 0070 and Mark 0100 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to certain Fokker Model 

F.28 Mark 0070 and 0100 airplanes. 

That AD currently requires a one-time 

inspection of the main landing gear 

(MLG) main fitting for cracks, and repair 

if necessary. The existing AD also 

currently requires installing a placard 

and revising the airplane flight manual 

to include procedures to prohibit the 

application of brakes during backward 

movement of the airplane. This new AD 

requires repetitive eddy current 

inspections of the MLG main fitting and 

rework before further flight as 

applicable. This AD results from reports 

that a final solution eliminating the 

cause of the crack initiation mechanism 

is not yet available and that repetitive 

inspections are necessary. We are 

issuing this AD to detect and correct 

cracks in the MLG main fitting, which 

could result in reduced structural 

integrity of the MLG main fitting. 

DATES: This AD becomes effective 

November 3, 2008. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 3, 2008. 

On April 26, 2006 (71 FR 14363, 

March 22, 2006), the Director of the 

Federal Register approved the 

incorporation by reference of MessierDowty Service Bulletin F100–32–106, 

including Appendices A through C and 

excluding Appendix D, dated February 

18, 2005. 

ADDRESSES: For service information 

identified in this AD, contact Fokker 

Services B.V., Technical Services Dept., 

P.O. Box 231, 2150 AE Nieuw-Vennep, 

the Netherlands. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 


jlentini on PROD1PC65 with RULES