26310 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

(iii) (A) Pumps and valves, in 

facilities whose construction permit was 

issued before November 22, 1999, which 

are classified as ASME Code Class 1 

must be designed and be provided with 

access to enable the performance of 

inservice testing of the pumps and 

valves for assessing operational 

readiness set forth in the editions and 

addenda of Section XI of the ASME 

Boiler and Pressure Vessel Code 

incorporated by reference in paragraph 

(b) of this section (or the optional ASME 

Code cases listed in NRC Regulatory 

Guide 1.147, Revision 16; or Regulatory 

Guide 1.192 that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular pump or valve or the 

Summer 1973 Addenda, whichever is 

later. 

* * * * * 

(iv)(A) Pumps and valves, in facilities 

whose construction permit was issued 

before November 22, 1999, which are 

classified as ASME Code Class 2 and 

Class 3 must be designed and be 

provided with access to enable the 

performance of inservice testing of the 

pumps and valves for assessing 

operational readiness set forth in the 

editions and addenda of Section XI of 

the ASME Boiler and Pressure Vessel 

Code incorporated by reference in 

paragraph (b) of this section (or the 

optional ASME Code Cases listed in 

NRC Regulatory Guide 1.147, Revision 

16, that are incorporated by reference in 

paragraph (b) of this section) applied to 

the construction of the particular pump 

or valve or the Summer 1973 Addenda, 

whichever is later. 

* * * * * 

(4) * * * 

(ii) Inservice tests to verify 

operational readiness of pumps and 

valves, whose function is required for 

safety, conducted during successive 

120-month intervals must comply with 

the requirements of the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section 12 months before the start of the 

120-month interval (or the optional 

ASME Code cases listed in NRC 

Regulatory Guide 1.147, Revision 16; or 

Regulatory Guide 1.192 that are 

incorporated by reference in paragraph 

(b) of this section), subject to the 

conditions listed in paragraph (b) of this 

section. 

* * * * * 

(g) * * * 

(2) For a boiling or pressurized watercooled nuclear power facility whose 

construction permit was issued on or 

after January 1, 1971, but before July 1, 

1974, components (including supports) 

which are classified as ASME Code 

Class 1 and Class 2 must be designed 

and be provided with access to enable 

the performance of inservice 

examination of such components 

(including supports) and must meet the 

preservice examination requirements set 

forth in editions and addenda of Section 

XI of the ASME Boiler and Pressure 

Vessel Code incorporated by reference 

in paragraph (b) of this section (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, Revision 

16, that are incorporated by reference in 

paragraph (b) of this section) in effect 6 

months before the date of issuance of 

the construction permit. The 

components (including supports) may 

meet the requirements set forth in 

subsequent editions and addenda of this 

Code which are incorporated by 

reference in paragraph (b) of this section 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, 

Revision 16, that are incorporated by 

reference in paragraph (b) of this 

section), subject to the applicable 

limitations and modifications. 

(3) * * * 

(i) Components (including supports) 

which are classified as ASME Code 

Class 1 must be designed and be 

provided with access to enable the 

performance of inservice examination of 

these components and must meet the 

preservice examination requirements set 

forth in the editions and addenda of 

Section XI of the ASME Boiler and 

Pressure Vessel Code incorporated by 

reference in paragraph (b) of this section 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, 

Revision 16, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular component. 

(ii) Components which are classified 

as ASME Code Class 2 and Class 3 and 

supports for components which are 

classified as ASME Code Class 1, Class 

2, and Class 3 must be designed and be 

provided with access to enable the 

performance of inservice examination of 

these components and must meet the 

preservice examination requirements set 

forth in the editions and addenda of 

Section XI of the ASME Boiler and 

Pressure Vessel Code incorporated by 

reference in paragraph (b) of this section 

(or the optional ASME Code Cases listed 

in NRC Regulatory Guide 1.147, 

Revision 16, that are incorporated by 

reference in paragraph (b) of this 

section) applied to the construction of 

the particular component. 

* * * * * 

(4) * * * 

(i) Inservice examination of 

components and system pressure tests 

conducted during the initial 120-month 

inspection interval must comply with 

the requirements in the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section on the date 12 months before the 

date of issuance of the operating license 

(or the optional ASME Code cases listed 

in NRC Regulatory Guide 1.147, 

Revision 16, that are incorporated by 

reference in paragraph (b) of this 

section, subject to the conditions listed 

in paragraph (b) of this section. 

(ii) Inservice examination of 

components and system pressure tests 

conducted during successive 120-month 

inspection intervals must comply with 

the requirements of the latest edition 

and addenda of the Code incorporated 

by reference in paragraph (b) of this 

section 12 months before the start of the 

120-month inspection interval (or the 

optional ASME Code cases listed in 

NRC Regulatory Guide 1.147, Revision 

16, that are incorporated by reference in 

paragraph (b) of this section), subject to 

the conditions listed in paragraph (b) of 

this section. 

* * * * * 

Dated at Rockville, Maryland, this 12th day 

of May 2009. 

For the Nuclear Regulatory Commission 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. E9–12751 Filed 6–1–09; 8:45 am] 

BILLING CODE 7590–01–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: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its spent fuel storage cask 

regulations by revising the Holtec 

International HI–STORM 100 dry 

storage cask 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 would 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 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26311 

MPC–32F models; and to correct legacy 

editorial issues in Appendices A and B 

Technical Specifications. 

DATES: Comments on the proposed rule 

must be received on or before July 2, 

2009. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

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. 

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. 

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 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 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) No. 1014, the 

proposed technical specifications (TS), 

and the preliminary safety evaluation 

report (SER) can be found under 

ADAMS Package Number 

ML090290140. 

The proposed CoC No. 1014, the 

proposed TS, the preliminary SER, and 

the environmental assessment are 

available for inspection at the NRC PDR, 

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: 

For additional supplementary 

information, see the direct final rule 

published in the Rules and Regulations 

section of this Federal Register. 

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 design. 

Because NRC considers this action 

noncontroversial and routine, the NRC 

is publishing this proposed rule 

concurrently as a direct final rule in the 

Rules and Regulations section of this 

Federal Register. Adequate protection 

of public health and safety continues to 

be ensured. The direct final rule will 

become effective on August 17, 2009. 

However, if the NRC receives significant 

adverse comments on the direct final 

rule by July 2, 2009, then the NRC will 

publish a document that withdraws the 

direct final rule. If the direct final rule 

is withdrawn, the NRC will address the 

comments received in response to the 

proposed revisions in a subsequent final 

rule. Absent significant modifications to 

the proposed revisions requiring 

republication, the NRC will not initiate 

a second comment period on this action 

in the event the direct final rule is 

withdrawn. 

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. 

For additional procedural information 

and the regulatory analysis, see the 

direct final rule published in the Rules 

and Regulations section of this Federal 

Register. 

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. 

553; the NRC is proposing to adopt 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, Pub. 

L. 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); Pub. L. 95–601, sec. 

26312 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

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

486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 

(42 U.S.C. 4332); secs. 131, 132, 133, 135, 

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, 

2232, 2241, sec. 148, Pub. L. 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), Pub. L. 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), Pub. L. 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, Pub. L. 97–425, 96 Stat. 2230 

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

issued under sec. 145(g), Pub. L. 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), Pub. L. 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. 

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. E9–12618 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–2009–0465; Directorate 

Identifier 2007–NM–244–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A310–203, –204, –221, –222, –304, 

–322, –324, and –325 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 that would 

supersede an existing AD. 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: 

DGAC [Direction Ge ́ne ́rale de l’Aviation 

Civile] France issued AD F–2005–078 [which 

corresponds to FAA AD 2006–02–06] to 

require the modification (Airbus 

modification 13023), defined in Airbus SB 

[service bulletin] A310–53–2124, to increase 

the service life of junctions of center box 

upper frame bases to upper fuselage arches. 

This structural modification falls within the 

scope of the work related to the extension of 

the service life of A310 aircraft and 

widespread fatigue damage evaluations. 

The threshold timescales for 

accomplishment of the tasks as defined in SB 

A310–53–2124 were refined and reduced. 

* * * 

* * * * * 

The unsafe condition is fatigue 

cracking of the frame foot run-outs, 

which could lead to rupture of the frame 

foot and cracking in adjacent frames and 

skin, and which could result in reduced 

structural integrity of the fuselage. 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 July 2, 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 

W12–40, 1200 New Jersey Avenue, SE., 

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

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

EAW (Airworthiness Office), 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 44 51; e-mail: 

account.airworth-eas@airbus.com; 

Internet http://www.airbus.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 or 425–227–1152. 

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: Tom 

Stafford, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–1622; 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–2009–0465; Directorate Identifier 

2007–NM–244–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.