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Proposed Rules Federal Register

Vol. 72, No. 81

Friday April 27, 2007

This section of the FEDERAL REGISTER Mail comments to: Secretary, U.S. FOR FURTHER INFORMATION CONTACT:
contains notices to the public of the proposed Nuclear Regulatory Commission, Michael T. Lesar, Chief, Rulemaking,
issuance of rules and regulations. The Washington, DC 20555–0001, ATTN: Directives and Editing Branch, Division
purpose of these notices is to give interested Rulemakings and Adjudications Staff. of Administrative Services, Office of
persons an opportunity to participate in the E-mail comments to: SECY@nrc.gov. If Administration, U.S. Nuclear Regulatory
rule making prior to the adoption of the final you do not receive a reply e-mail
Commission, Washington, DC 20555–
confirming that we have received your 0001, Telephone: 301–415–7163 or toll-
comments, contact us directly at (301) free: 1–800–368–5642.
COMMISSION comments via the NRC’s rulemaking
Web site at http://ruleforum.llnl.gov. Petitioner’s Request
10 CFR Part 71 Address questions about our rulemaking The petitioner requests that the NRC
Web site to Carol Gallagher (301) 415– adopt the use of global positioning
[Docket No. PRM–71–13] 5905; e-mail cag@nrc.gov. Comments satellite (GPS) tracking as a national
can also be submitted via the Federal requirement for mobile or portable uses
Christine O. Gregoire, Governor of the
eRulemaking Portal http:// of highly radioactive sources. The
State of Washington; Receipt of
www.regulations.gov. petitioner also states that an alternative
Petition for Rulemaking Hand deliver comments to: 11555 is for the Commission to grant states the
AGENCY: Nuclear Regulatory Rockville Pike, Rockville, Maryland flexibility to impose more stringent
Commission. 20852, between 7:30 a.m. and 4:15 p.m. requirements than those required under
ACTION: Petition for rulemaking; notice Federal workdays. (Telephone (301) current NRC regulations. The petitioner
of receipt. 415–1966).
believes that allowing states to do so
Fax comments to: Secretary, U.S.
would clear the way for individual
SUMMARY: The Nuclear Regulatory Nuclear Regulatory Commission at (301)
415–1101. states to set GPS requirements as
Commission (NRC) is publishing for needed.
public comment a notice of receipt of a Publicly available documents related
petition for rulemaking, dated January to this petition may be viewed Background
25, 2007, which was filed with the electronically on the public computers
located at the NRC’s Public Document The petitioner believes that GPS
Commission by Christine O. Gregoire, technology is an effective and relatively
Governor of the State of Washington. Room (PDR), Room O1 F21, One White
Flint North, 11555 Rockville Pike, inexpensive tool that will help when a
The petition was docketed by the NRC vehicle with radioactive material is
on March 15, 2007, and has been Rockville, Maryland. The PDR
reproduction contractor will copy missing. The petitioner stated that a
assigned Docket No. PRM–71–13. The source in a portable gauge was quickly
petitioner requests that the NRC adopt documents for a fee. Selected
documents, including comments, may recovered because the licensee had
the use of global positioning satellite provided a cellular phone with a GPS
(GPS) tracking as a national requirement be viewed and downloaded
electronically via the NRC rulemaking tracking feature to its operator. When
for mobile or portable uses of highly the operator did not return with the
radioactive sources. The petitioner Web site at http://ruleforum.llnl.gov.
Publicly available documents created portable gauge, the licensee was able to
states that another alternative is for the locate the cell phone, the operator, the
Commission to grant states the or received at the NRC after November
1, 1999, are available electronically at truck, and the portable gauge. The
flexibility to impose more stringent petitioner further states that if a device
requirements than those required under the NRC’s Electronic Reading Room at
http://www.nrc.gov/reading-rm/ as small as a cell phone can be GPS-
current NRC regulations. enabled, certainly a truck or even a
adams.html. From this site, the public
DATES: Submit comments by July 11, radiography device can be similarly
can gain entry into the NRC’s
2007. Comments received after this date Agencywide Document Access and equipped.
will be considered if it is practical to do Management System (ADAMS), which The petitioner states that in August
so, but the Commission is able to assure provides text and image files of NRC’s 2006, a truck containing an industrial
consideration only for comments public documents. If you do not have radiography source was stolen in
received on or before this date. access to ADAMS or if there are Everett, Washington. The truck and its
ADDRESSES: You may submit comments problems in accessing the documents highly radioactive contents were
on this petition by any one of the located in ADAMS, contact the PDR recovered quickly, but it took significant
following methods. Please include Reference staff at 1–800–397–4209, 301– efforts by Federal, state and local law
PRM–71–13 in the subject line of your 415–4737 or by e-mail to pdr@nrc.gov. enforcement agencies. The petitioner
comments. Comments on petitions A copy of the petition can be found further states that this event and a
submitted in writing or in electronic in ADAMS under accession number similar occurrence in Garland, Texas,
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form will be made available for public ML070810940. A paper copy of the illustrate that better systems are needed
inspection. Because your comments will petition may be obtained by contacting to recover stolen vehicles that transport
not be edited to remove any identifying Betty Golden, Office of Administration, highly radioactive materials. The
or contact information, the NRC Nuclear Regulatory Commission, petitioner notes that the State of
cautions you against including any Washington, DC 20555–0001, telephone Washington cannot require licensees or
information in your submission that you 301–415–6863, toll-free 1–800–368– any other out-of-state licensee to install
do not want to be publicly disclosed. 5642, or by e-mail bkg2@nrc.gov. GPS devices in its vehicles because of

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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Proposed Rules 20963

the NRC rules on compatibility and the The proposed AD would require that we considered in forming the
potential effect on interstate commerce. actions that are intended to address the engineering basis to correct the unsafe
Therefore, the petitioner requests that unsafe condition described in the MCAI. condition. The proposed AD contains
NRC consider adopting the use of GPS DATES: We must receive comments on text copied from the MCAI and for this
tracking as a national requirement for this proposed AD by May 29, 2007. reason might not follow our plain
mobile or portable uses of highly ADDRESSES: You may send comments by language principles.
radioactive sources. The petitioner any of the following methods: Comments Invited
further notes that a possible alterative • DOT Docket Web Site: Go to
would be to grant states the flexibility http: We invite you to send any written
to impose more stringent requirements //dms.dot.gov and follow the relevant data, views, or arguments about
than those required under current NRC instructions for sending your comments this proposed AD. Send your comments
regulations. electronically. to an address listed under the
The petitioner acknowledges that • Fax: (202) 493–2251. ADDRESSES section. Include ‘‘Docket No.
requiring a GPS on these vehicles does • Mail: Docket Management Facility, FAA–2007–27519; Directorate Identifier
not ensure that the radiological source U.S. Department of Transportation, 400 2007–NE–09–AD’’ at the beginning of
will be found. However, the petitioner Seventh Street, SW., Nassif Building, your comments. We specifically invite
believes that these suggestions would Room PL–401, Washington, DC 20590– comments on the overall regulatory,
give law enforcement a significant 0001. economic, environmental, and energy
advantage. • Hand Delivery: Room PL–401 on aspects of this proposed AD. We will
the plaza level of the Nassif Building, consider all comments received by the
Dated at Rockville, Maryland, this 20th day
of April 2007.
400 Seventh Street, SW., Washington, closing date and may amend this
DC, between 9 a.m. and 5 p.m., Monday proposed AD based on those comments.
For the Nuclear Regulatory Commission.
through Friday, except Federal holidays. We will post all comments we
Andrew L. Bates, • Federal eRulemaking Portal: http:// receive, without change, to http://
Acting Secretary of the Commission. www.regulations.gov. Follow the dms.dot.gov, including any personal
[FR Doc. E7–8094 Filed 4–26–07; 8:45 am] instructions for submitting comments. information you provide. We will also
Examining the AD Docket post a report summarizing each
substantive verbal contact we receive
You may examine the AD docket on about this proposed AD.
the Internet at http://dms.dot.gov; or in
DEPARTMENT OF TRANSPORTATION person at the Docket Management Discussion
Federal Aviation Administration Facility between 9 a.m. and 5 p.m., The Direction Generale De L’Aviation
Monday through Friday, except Federal Civile (DGAC), which is the aviation
14 CFR Part 39 holidays. The AD docket contains this authority for France, has issued French
proposed AD, the regulatory evaluation, Airworthiness Directive F–2005–135,
[Docket No. FAA–2007–27519; Directorate any comments received, and other dated August 3, 2005, (EASA reference
Identifier 2007–NE–09–AD] information. The street address for the number 2005–6123) (referred to after
Docket Office (telephone (800) 647– this as ‘‘the MCAI’’), to correct an unsafe
RIN 2120–AA64 5227) is in the ADDRESSES section. condition for the specified products.
Comments will be available in the AD The MCAI states:
Airworthiness Directives; SICMA Aero
docket shortly after receipt.
Seat 50XXX Passenger Seats A release of smoke was experienced in the
passenger compartment during flight after an
AGENCY: Federal Aviation Jeffrey Lee, Aerospace Engineer, Boston overheating of a reading lights power box of
Administration (FAA), DOT. Aircraft Certification Office, FAA, a PN 5039201–4T SICMA seat. An analysis
ACTION: Notice of proposed rulemaking Engine and Propeller Directorate, 12 put into evidence that this overheating was
(NPRM). New England Executive Park, caused by a short-circuit produced by the
Burlington, MA 01803; e-mail: rupture of an electrical power supply
SUMMARY: We propose to adopt a new Jeffrey.lee@faa.gov; telephone (781) component (PN 78147–B). It has been noticed
airworthiness directive (AD) for the 238–7161; fax (781) 238–7170. that this power supply is not in compliance
products listed above. This proposed SUPPLEMENTARY INFORMATION:
with DO 160 environmental standard.
AD results from mandatory continuing The short circuiting could result in
airworthiness information (MCAI) Streamlined Issuance of AD
arcing and consequent smoke or fire.
issued by an aviation authority of The FAA is implementing a new You may obtain further information
another country to identify and correct process for streamlining the issuance of by examining the MCAI in the AD
an unsafe condition on an aviation ADs related to MCAI. This streamlined docket.
product. The MCAI describes the unsafe process will allow us to adopt MCAI
condition as: safety requirements in a more efficient Relevant Service Information
A release of smoke was experienced in the
manner and will reduce safety risks to SICMA Aero Seat has issued Service
passenger compartment during flight after an the public. This process continues to Bulletin No. 50–25–210, dated June 27,
overheating of a reading lights power box of follow all FAA AD issuance processes to 2005. The actions described in this
a PN 5039201–4T SICMA seat. An analysis meet legal, economic, Administrative service information are intended to
put into evidence that this overheating was Procedure Act, and Federal Register correct the unsafe condition identified
cprice-sewell on PROD1PC66 with PROPOSALS

caused by a short-circuit produced by the requirements. We also continue to meet in the MCAI.
rupture of an electrical power supply our technical decision-making
component (PN 78147–B). It has been noticed FAA’s Determination and Requirements
responsibilities to identify and correct
that this power supply is not in compliance of This Proposed AD
unsafe conditions on U.S.-certificated
with DO 160 environmental standard. This product has been approved by
The short circuiting could result in This proposed AD references the the aviation authority of another
arcing and consequent smoke or fire. MCAI and related service information country, and is approved for operation

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