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

62330 

Vol. 75, No. 195 

Friday, October 8, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 30, 32, 33, 34, 35, 36, 37, 

39, 51, 71, and 73 

[NRC–2008–0120] 

RIN 3150–AI12 

Physical Protection of Byproduct 

Material; Extension of Comment Period 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule: Extension of 

comment period. 

SUMMARY: On June 15, 2010, the U.S. 

Nuclear Regulatory Commission (NRC) 

published for public comment a 

proposed rule to establish security 

requirements for the use and transport 

of Category 1 and Category 2 quantities 

of radioactive material. The public 

comment period for this proposed rule 

was to have expired on October 13, 

2010. The NRC received several requests 

to extend the comment period to 

January 18, 2011. Due to the size and 

complexity of the proposed rule and the 

associated draft implementation 

guidance, the NRC has decided to 

extend the comment period until 

January 18, 2011. 

DATES: The comment period has been 

extended and now expires on January 

18, 2011. 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: Please include Docket ID 

NRC–2008–0120 in the subject line of 

your comments. For instructions on 

accessing documents related to this 

action, see ‘‘Submitting Comments and 

Accessing Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may submit 

comments by any one of the following 

methods. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2008–0120. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; 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 301–415–1677. 

Hand-deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 am and 4:15 pm 

Federal workdays. (Telephone 301–415– 

1677) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

FOR FURTHER INFORMATION CONTACT: 

Merri Horn, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: (301) 415– 

8126, e-mail: Merri.Horn@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site http:// 

www.regulations.gov. 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 requests that any 

party soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You can access publicly available 

documents related to this proposed rule 

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 O–1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

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 1–800–397–4209, 

301–415–4737 or by e-mail to 

PDR.resource@nrc.gov. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this proposed rule can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2008– 

0120. 

Discussion 

The NRC published a proposed rule 

that would place the security 

requirements for use of Category 1 and 

Category 2 quantities of radioactive 

material into a new Part 37 of Title 10 

of the Code of Federal Regulations. 

Category 1 and Category 2 thresholds 

are based on the thresholds established 

for Category 1 and Category 2 in the 

International Atomic Energy Agency 

(IAEA) Code of Conduct on the Safety 

and Security of Radioactive Sources. 

The NRC considers Category 1 and 

Category 2 quantities of radioactive 

material to be risk-significant and, 

therefore, these materials warrant 

additional protection. The objective of 

the proposed rule is to ensure that 

effective security measures are in place 

for the protection of Category 1 and 

Category 2 quantities of radioactive 

material against the possibility of 

misuse of the radioactive material for 

malevolent purposes. 

The proposed rule was published on 

June 15, 2010 (75 FR 33902) and the 

public comment period was to have 

expired October 13, 2010. The NRC 

received several requests to extend the 

comment period to January 18, 2011. 

Due to the size and complexity of the 

proposed rule and the associated draft 

implementation guidance, the NRC has 

decided to extend the comment period 

until January 18, 2011. 

Dated at Rockville, Maryland, this 4th day 

of October, 2010. 


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Federal Register / Vol. 75, No. 195 / Friday, October 8, 2010 / Proposed Rules 62331 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–25397 Filed 10–7–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0958; Directorate 

Identifier 2010–NM–188–AD] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–14, 

DC–9–15, and DC–9–15F Airplanes; 

and DC–9–20, DC–9–30, DC–9–40, and 

DC–9–50 Series 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 would require installing new in-line 

fuses for the fuel level float switch and 

new in-line fuses for the pressure 

switch, as applicable, and changing the 

wiring. The proposed actions would 

affect the left and right wing forward 

spars, center wing forward spar, forward 

auxiliary fuel tank, and aft auxiliary fuel 

tank, as applicable. This proposed AD 

was prompted by fuel system reviews 

conducted by the manufacturer. We are 

proposing this AD to prevent the 

potential of ignition sources inside fuel 

tanks, which, in combination with 

flammable fuel vapors, could result in 

fuel tank explosions and consequent 

loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by November 22, 

2010. 

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: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Lee, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5262; fax (562) 

627–5210, e-mail: Samuel.Lee@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2010–0958; Directorate Identifier 2010– 

NM–188–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 because of 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 FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’ 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

Single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

An investigation conducted by the 

airplane manufacturer has revealed that 

fuel level float switch wires located on 

the left and right wing forward spars, 

the center tank forward spar, and the 

forward and aft auxiliary fuel tanks, and 

pressure switch wires located on the 


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