Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26285 

and by revising paragraphs (a)(2)(iv) and 

(b)(2)(iii) to read as follows: 

§ 1467.11 Easement and 30-year contract 

participation requirements. 

(a) * * * 

(2) * * * 

(iv) The right to restore, protect, 

enhance, maintain, and manage 

activities on the easement area. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) The right to restore, protect, 

enhance, maintain, and manage 

activities on the enrolled area. 

* * * * * 

■ 6. Section 1467.12 is amended by 

adding a new sentence at the end of 

paragraph (b) to read as follows: 

§ 1467.12 The WRPO development. 

* * * * * 

(b) * * * NRCS will review, revise, 

and supplement the WRPO as needed 

throughout the duration of the 

enrollment to ensure that program goals 

are fully and effectively achieved. 

* * * * * 

Signed this 26th day of May 2009, in 

Washington, DC. 

Virginia (Ginger) L. Murphy, 

Acting Vice President, Commodity Credit 

Corporation and Acting Chief, Natural 

Resources Conservation Service. 

[FR Doc. E9–12680 Filed 6–1–09; 8:45 am] 

BILLING CODE 3410–16–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI60 

[NRC–2009–0132] 

List of Approved Spent Fuel Storage 

Casks: HI–STORM 100 Revision 6 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

spent fuel storage regulations by 

revising the Holtec International HI– 

STORM 100 dry cask storage system 

listing within the ‘‘List of Approved 

Spent Fuel Storage Casks’’ to include 

Amendment No. 6 to Certificate of 

Compliance (CoC) Number 1014. 

Amendment No. 6 will modify the CoC 

to add instrument tube tie rods used for 

pressurized water reactor 15x15 and 

17x17 fuel lattices, for both intact and 

damaged fuel assemblies, to the 

approved contents of the MPC–24, 

MPC–24E, MPC–24EF, MPC–32, and 

MPC–32F models; and to correct legacy 

editorial issues in Appendices A and B 

Technical Specifications. 

DATES: The final rule is effective August 

17, 2009, unless significant adverse 

comments are received by July 2, 2009. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. If the 

rule is withdrawn, timely notice will be 

published in the Federal Register. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2009–0132]. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

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–1F21, 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. An electronic 

copy of the proposed Certificate of 

Compliance (CoC), technical 

specifications (TS), and preliminary 

safety evaluation report (SER) can be 

found under ADAMS Package Number 

ML090290140. 

CoC No. 1014, the TS, the preliminary 

SER, and the environmental assessment 

are available for inspection at the NRC 

PDR, Public File Area O–1F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD. Single copies of 

these documents may be obtained from 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 218(a) of the Nuclear Waste 

Policy Act of 1982, as amended 

(NWPA), requires that ‘‘[t]he Secretary 

[of the Department of Energy (DOE)] 

shall establish a demonstration program, 

in cooperation with the private sector, 

for the dry storage of spent nuclear fuel 

at civilian nuclear power reactor sites, 

with the objective of establishing one or 

more technologies that the [Nuclear 

Regulatory] Commission may, by rule, 

approve for use at the sites of civilian 

nuclear power reactors without, to the 

maximum extent practicable, the need 

for additional site-specific approvals by 

the Commission.’’ Section 133 of the 

NWPA states, in part, that ‘‘[t]he 

Commission shall, by rule, establish 

procedures for the licensing of any 

technology approved by the 

Commission under Section 218(a) for 

use at the site of any civilian nuclear 

power reactor.’’ 

To implement this mandate, the NRC 

approved dry storage of spent nuclear 

fuel in NRC-approved casks under a 

general license by publishing a final 

rule in 10 CFR Part 72, which added a 

new Subpart K within 10 CFR Part 72, 

entitled ‘‘General License for Storage of 

Spent Fuel at Power Reactor Sites’’ (55 

FR 29181; July 18, 1990). This rule also 

established a new Subpart L within 10 

CFR Part 72, entitled ‘‘Approval of 

Spent Fuel Storage Casks,’’ which 

contains procedures and criteria for 

obtaining NRC approval of spent fuel 

storage cask designs. The NRC 

subsequently issued a final rule on May 

1, 2000 (65 FR 25241), that approved the 

HI–STORM 100 cask system design and 

added it to the list of NRC-approved 

cask designs in 10 CFR 72.214 as CoC 

No. 1014. 

Discussion 

On April 15, 2008, and as 

supplemented August 1, November 17, 

and November 26, 2008, the certificate 

holder, Holtec International (Holtec), 

submitted an application to the NRC 

that requested an amendment to CoC 

No. 1014. The amendment included 

changes to add instrument tube tie rods 

used for pressurized water reactor 15x15 

26286 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

and 17x17 fuel lattices, for both intact 

and damaged fuel assemblies, to the 

approved contents of the MPC–24, 

MPC–24E, MPC–24EF, MPC–32, and 

MPC–32F models; and to correct legacy 

editorial issues in Appendices A and B 

of the TS. As documented in the SER, 

the NRC staff performed a detailed 

safety evaluation of the proposed CoC 

amendment request and found that an 

acceptable safety margin is maintained. 

In addition, the NRC staff has 

determined that there continues to be 

reasonable assurance that public health 

and safety and the environment will be 

adequately protected. 

This direct final rule revises the HI– 

STORM 100 cask system listing in 10 

CFR 72.214 by adding Amendment No. 

6 to CoC No. 1014. The amendment 

consists of the changes described above, 

as set forth in the revised CoC and TS. 

The particular TS which are changed 

are identified in the SER. 

The amended HI–STORM 100 cask 

design, when used under the conditions 

specified in the CoC, the TS, and NRC 

regulations, will meet the requirements 

of Part 72; thus, adequate protection of 

public health and safety will continue to 

be ensured. When this direct final rule 

becomes effective, persons who hold a 

general license under 10 CFR 72.210 

may load spent nuclear fuel into HI– 

STORM 100 casks that meet the criteria 

of Amendment No. 6 to CoC No. 1014 

under 10 CFR 72.212. 

Discussion of Amendments by Section 

Section 72.214 List of approved 

spent fuel storage casks. 

Certificate No. 1014 is revised by 

adding the effective date of Amendment 

No. 6. 

Procedural Background 

This rule is limited to the changes 

contained in Amendment No. 6 to CoC 

No. 1014 and does not include other 

aspects of the HI–STORM 100 dry 

storage cask system. The NRC is using 

the ‘‘direct final rule procedure’’ to 

issue this amendment because it 

represents a limited and routine change 

to an existing CoC that is expected to be 

noncontroversial. Adequate protection 

of public health and safety continues to 

be ensured. The amendment to the rule 

will become effective on August 17, 

2009. However, if the NRC receives any 

significant adverse comments on this 

direct final rule by July 2, 2009, then the 

NRC will publish a document that 

withdraws this action and will 

subsequently address any comment 

received in a final rule as a response to 

the companion proposed rule published 

elsewhere in this issue of the Federal 

Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule, CoC, or TS. 

Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) requires that Federal agencies 

use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this direct final rule, the 

NRC will revise the HI–STORM 100 

cask design listed in § 72.214 (List of 

NRC-approved spent fuel storage cask 

designs). This action does not constitute 

the establishment of a standard that 

contains generally applicable 

requirements. 

Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

rule is classified as Compatibility 

Category ‘‘NRC.’’ Compatibility is not 

required for Category ‘‘NRC’’ 

regulations. The NRC program elements 

in this category are those that relate 

directly to areas of regulation reserved 

to the NRC by the Atomic Energy Act of 

1954, as amended (AEA), or the 

provisions of Title 10 of the Code of 

Federal Regulations. Although an 

Agreement State may not adopt program 

elements reserved to NRC, it may wish 

to inform its licensees of certain 

requirements via a mechanism that is 

consistent with the particular State’s 

administrative procedure laws but does 

not confer regulatory authority on the 

State. 

Plain Language 

The Presidential Memorandum, 

‘‘Plain Language in Government 

Writing,’’ published June 10, 1998 (63 

FR 31883), directed that the 

Government’s documents be in clear 

and accessible language. The NRC 

requests comments on this direct final 

rule specifically with respect to the 

clarity and effectiveness of the language 

used. Comments should be sent to the 

address listed under the heading 

ADDRESSES, above. 

Finding of No Significant 

Environmental Impact: Availability 

Under the National Environmental 

Policy Act of 1969, as amended, and the 

NRC regulations in Subpart A of 10 CFR 

Part 51, the NRC has determined that 

this rule, if adopted, would not be a 

major Federal action significantly 

affecting the quality of the human 

environment, and therefore, an 

environmental impact statement is not 

required. The NRC has prepared an 

environmental assessment and, on the 

basis of this environmental assessment, 

has made a finding of no significant 

impact. This rule will amend the CoC 

for the HI–STORM 100 cask design 

within the list of approved spent fuel 

storage casks that power reactor 

licensees can use to store spent fuel at 

reactor sites under a general license. 

The amendment will add instrument 

tube tie rods used for pressurized water 

reactor 15x15 and 17x17 fuel lattices, 

for both intact and damaged fuel 

assemblies, to the approved contents of 

the MPC–24 and MPC–32 models; and 

correct legacy editorial issues in the 

Appendices A and B TS. 

The environmental assessment and 

finding of no significant impact on 

which this determination is based are 

available for inspection at the NRC 

Public Document Room, Public File 

Area O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, MD. 

Single copies of the environmental 

assessment and finding of no significant 

impact are available from Jayne M. 

McCausland, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 26287 

6219, e-mail 

Jayne.McCausland@nrc.gov. 

Paperwork Reduction Act Statement 

This direct final rule does not contain 

a new or amended information 

collection requirement subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Existing 

requirements were approved by the 

Office of Management and Budget, 

Approval Number 3150–0132. 

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. 

Regulatory Analysis 

On July 18, 1990 (55 FR 29181), the 

NRC issued an amendment to 10 CFR 

Part 72 to provide for the storage of 

spent nuclear fuel under a general 

license in cask designs approved by the 

NRC. Any nuclear power reactor 

licensee can use NRC-approved cask 

designs to store spent nuclear fuel if it 

notifies the NRC in advance, the spent 

fuel is stored under the conditions 

specified in the cask’s CoC, and the 

conditions of the general license are 

met. A list of NRC-approved cask 

designs is contained in 10 CFR 72.214. 

On May 1, 2000 (65 FR 25241), the NRC 

issued an amendment to Part 72 that 

approved the HI–STORM 100 cask 

design by adding it to the list of NRCapproved cask designs in 10 CFR 

72.214. On April 15, 2008, and as 

supplemented August 1, November 17, 

and November 26, 2008, the certificate 

holder, Holtec, submitted an application 

to the NRC to amend CoC No. 1014 to 

add instrument tube tie rods used for 

pressurized water reactor 15x15 and 

17x17 fuel lattices, for both intact and 

damaged fuel assemblies, to the 

approved contents of the MPC–24, 

MPC–24E, MPC–24EF, MPC–32, and 

MPC–32F models; and to correct legacy 

editorial issues in the Appendices A 

and B TS. 

The alternative to this action is to 

withhold approval of Amendment No. 6 

and to require any Part 72 general 

licensee, seeking to load spent fuel into 

HI–STORM 100 casks under the changes 

described in Amendment No. 6, to 

request an exemption from the 

requirements of 10 CFR 72.212 and 

72.214. Under this alternative, each 

interested Part 72 licensee would have 

to prepare, and the NRC would have to 

review, a separate exemption request, 

thereby increasing the administrative 

burden upon the NRC and the costs to 

each licensee. 

Approval of the direct final rule is 

consistent with previous NRC actions. 

Further, as documented in the SER and 

the environmental assessment, the 

direct final rule will have no adverse 

effect on public health and safety. This 

direct final rule has no significant 

identifiable impact or benefit on other 

Government agencies. Based on this 

regulatory analysis, the NRC concludes 

that the requirements of the direct final 

rule are commensurate with the NRC’s 

responsibilities for public health and 

safety and the common defense and 

security. No other available alternative 

is believed to be as satisfactory, and 

thus, this action is recommended. 

Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this rule will not, if issued, 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule affects only 

nuclear power plant licensees and 

Holtec. These entities do not fall within 

the scope of the definition of ‘‘small 

entities’’ set forth in the Regulatory 

Flexibility Act or the size standards 

established by the NRC (10 CFR 2.810). 

Backfit Analysis 

The NRC has determined that the 

backfit rule (10 CFR 72.62) does not 

apply to this direct final rule because 

this amendment does not involve any 

provisions that would impose backfits 

as defined in 10 CFR Chapter I. 

Therefore, a backfit analysis is not 

required. 

Congressional Review Act 

Under the Congressional Review Act 

of 1996, 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, Office of Management and 

Budget. 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Hazardous waste, Nuclear 

materials, Occupational safety and 

health, Radiation protection, Reporting 

and recordkeeping requirements, 

Security measures, Spent fuel, 

Whistleblowing. 

■ 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; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR Part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for Part 72 

continues to read as follows: 

Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 

81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 

929, 930, 932, 933, 934, 935, 948, 953, 954, 

955, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2071, 2073, 2077, 2092, 

2093, 2095, 2099, 2111, 2201, 2232, 2233, 

2234, 2236, 2237, 2238, 2282); sec. 274, 

Public Law 86–373, 73 Stat. 688, as amended 

(42 U.S.C. 2021); sec. 201, as amended, 202, 

206, 88 Stat. 1242, as amended, 1244, 1246 

(42 U.S.C. 5841, 5842, 5846); Public Law 95– 

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

Public Law 102–486, sec. 7902, 106 Stat. 

3123 (42 U.S.C. 5851); sec. 102, Public Law 

91–190, 83 Stat. 853 (42 U.S.C. 4332); secs. 

131, 132, 133, 135, 137, 141, Public Law 97– 

425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 

Public Law 100–203, 101 Stat. 1330–235 (42 

U.S.C. 10151, 10152, 10153, 10155, 10157, 

10161, 10168); sec. 1704, 112 Stat. 2750 (44 

U.S.C. 3504 note); sec. 651(e), Public Law 

109–58, 119 Stat. 806–10 (42 U.S.C. 2014, 

2021, 2021b, 2111). 

Section 72.44(g) also issued under secs. 

142(b) and 148(c), (d), Public Law 100–203, 

101 Stat. 1330–232, 1330–236 (42 U.S.C. 

10162(b), 10168(c),(d)). Section 72.46 also 

issued under sec. 189, 68 Stat. 955 (42 U.S.C. 

2239); sec. 134, Public Law 97–425, 96 Stat. 

2230 (42 U.S.C. 10154). Section 72.96(d) also 

issued under sec. 145(g), Public Law 100– 

203, 101 Stat. 1330–235 (42 U.S.C. 10165(g)). 

Subpart J also issued under secs. 2(2), 2(15), 

2(19), 117(a), 141(h), Public Law 97–425, 96 

Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 

10101, 10137(a), 10161(h)). Subparts K and L 

are also issued under sec. 133, 98 Stat. 2230 

(42 U.S.C. 10153) and sec. 218(a), 96 Stat. 

2252 (42 U.S.C. 10198). 

■ 2. In § 72.214, Certificate of 

Compliance 1014 is revised to read as 

follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1014. 

Initial Certificate Effective Date: May 

31, 2000. 

Amendment Number 1 Effective Date: 

July 15, 2002. 

Amendment Number 2 Effective Date: 

June 7, 2005. 

Amendment Number 3 Effective Date: 

May 29, 2007. 

Amendment Number 4 Effective Date: 

January 8, 2008. 

Amendment Number 5 Effective Date: 

July 14, 2008. 

26288 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Rules and Regulations 

Amendment Number 6 Effective Date: 

August 17, 2009. 

SAR Submitted by: Holtec 

International. 

SAR Title: Final Safety Analysis 

Report for the HI–STORM 100 Cask 

System. 

Docket Number: 72–1014. 

Certificate Expiration Date: June 1, 

2020. 

Model Number: HI–STORM 100. 

* * * * * 

Dated at Rockville, Maryland, this 7th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–12619 Filed 6–1–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0498; Directorate 

Identifier 2009–NM–065–AD; Amendment 

39–15923; AD 2009–11–13] 

RIN 2120–AA64 

Airworthiness Directives; Learjet 

Model 45 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Learjet Model 45 airplanes. For certain 

airplanes, this AD requires repetitive 

inspections for chafing and other 

damage of the case drain tube from the 

hydraulic pump case installed on the 

left-hand engine, and corrective action if 

necessary. This AD also requires, for all 

airplanes, repetitive inspections for 

discrepancies of the left engine’s nacelle 

tubing, repetitive inspections for 

evidence of fluid leakage within the left 

engine accessory compartment, and 

corrective actions if necessary. This AD 

was prompted by reports of chafed 

hydraulic tubes in the left-hand engine. 

We are issuing this AD to detect and 

correct chafed hydraulic tubes in the 

left-hand engine and consequent 

hydraulic tube failure and uncontrolled 

loss of flammable fluid within the 

engine cowling, which could result in a 

fire in the engine nacelle and loss of 

control of the airplane. 

DATES: This AD is effective June 17, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of June 17, 2009. 

We must receive comments on this 

AD by August 3, 2009. 

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 

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

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Learjet, Inc., One 

Learjet Way, Wichita, Kansas 67209– 

2942; telephone 316–946–2000; fax 

316–946–2220; e-mail 

ac.ict@aero.bombardier.com; Internet 

http://www.bombardier.com. 

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 street address for 

the Docket 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: 

James P. Galstad, Aerospace Engineer, 

Systems and Propulsion Branch, ACE– 

116W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

Room 100, Mid-Continent Airport, 

Wichita, Kansas 67209; telephone (316) 

946–4135; fax (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We have received reports of chafing 

found on hydraulic tubing in the lefthand engine. Specifically, the chafing 

was found on a case drain tube from the 

hydraulic pump case installed on the 

left-hand engine, on the lower forward 

cowl latch structure on the inboard side 

of the engine. Chafing was also found on 

a hydraulic pressure tube, on the 

hydraulic case drain tube on the lefthand engine, and on the hydraulic 

supply tube on the oil reservoir on the 

left-hand engine. Chafed hydraulic 

tubes in the left-hand engine and 

consequent hydraulic tube failure and 

uncontrolled loss of flammable fluid 

within the engine cowling, if not 

corrected, could result in a fire in the 

engine nacelle and loss of control of the 

airplane. 

Relevant Service Information 

We reviewed the following service 

bulletins: 

• Bombardier Alert Service Bulletin 

A45–29–15, dated December 26, 2006. 

• Bombardier Alert Service Bulletin 

A40–29–03, dated December 26, 2006. 

The service bulletins describe 

procedures for a detailed inspection for 

chafing and other damage of the case 

drain tube from the hydraulic pump 

case installed on the left-hand engine. 

The service bulletins also describe 

procedures for repositioning any tube 

that has damage within certain limits 

and replacing any tube that has damage 

that exceeds those limits. 

We have reviewed the following 

temporary revisions (TRs): 

• Learjet 40 Temporary Revision (TR) 

71–1, dated April 28, 2009, to the 

Learjet 40 Maintenance Manual MM– 

105. 

• Learjet 45 TR 71–1, dated April 28, 

2009, to the Learjet 45 Maintenance 

Manual MM–104. 

The TRs describe procedures for 

repetitive detailed inspections for 

discrepancies, including damage to the 

left engine’s nacelle tubing and 

inadequate clearance between any 

unsupported section of the tube or other 

tubing and surrounding components. 

The TRs also describe procedures for 

adjusting the tubing and clamping to 

achieve minimum clearance and 

replacing any tube that has damage 

exceeding certain limits. 

We have reviewed the engine— 

maintenance practices in the following 

maintenance manual documents: 

• Learjet 45 Maintenance Manual 

MM–104, Revision 47, dated March 30, 

2009, Powerplant–Maintenance 

Practices Section 71–00–00 and Engine– 

Maintenance Practices Section 71–00– 

01 (for M45 airplanes). 

• Learjet 40 Maintenance Manual 

MM–105, Revision 15, dated March 30, 

2009, Engine–Maintenance Practices 

Section 71–00–01 (for M40 airplanes). 

The engine–maintenance practices 

sections in the maintenance manuals 

(MMs) describe procedures for a general 

visual inspection for evidence of engine 

oil, hydraulic fluid, or fuel leakage 

within the left engine accessory 

compartment. For airplanes on which 

there is evidence of leakage, the MMs 

describe procedures for removing each 

plumbing clamp within the area affected