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19136 Federal Register / Vol. 71, No.

71 / Thursday, April 13, 2006 / Proposed Rules

located in ADAMS, contact the NRC List of Subjects in 10 CFR Part 110 § 110.31 Application for a specific license.
Public Document Room (PDR) Reference Administrative practice and * * * * *
staff at 1–800–397–4209, 301–415–4737 procedure, Classified information, (c) Applications for an export, import,
or by e-mail to PDR@nrc.gov. Criminal penalties, Export, Import, combined export/import, amendment or
FOR FURTHER INFORMATION CONTACT: Intergovernmental relations, Nuclear renewal licenses under 10 CFR part 110
Brooke G. Smith, International Policy materials, Nuclear power plants and shall be filed on NRC Form 7.
Analyst, Office of International reactors, Reporting and recordkeeping * * * * *
Programs, U.S. Nuclear Regulatory requirements, Scientific equipment. 4. In § 110.51, paragraph (a) is revised
Commission, Washington, DC 20555– For the reasons set out in the to read as follows:
0001, telephone (301) 415–2347, e-mail preamble and under the authority of the
bgs@nrc.gov. § 110.51 Amendment and renewal of
Atomic Energy Act of 1954, as amended; licenses.
SUPPLEMENTARY INFORMATION: For the Energy Reorganization Act of 1974,
additional information see the direct (a) A licensee shall submit an
as amended; and 5 U.S.C. 553; the NRC application to renew a license or to
final rule of the same title published in is proposing to adopt the following
the Rules and Regulations section of this amend a license on a completed NRC
amendments to 10 CFR part 110. Form 7.
Federal Register.
Because the NRC believes that this PART 110—EXPORT AND IMPORT OF * * * * *
action is not controversial, the NRC is NUCLEAR EQUIPMENT AND Dated at Rockville, Maryland, this 7th day
using the direct final rule process for MATERIAL of March, 2006.
this rule. The direct final rule will For the Nuclear Regulatory Commission.
become effective on June 27, 2006. 1. The authority citation for part 110 Luis Reyes,
However, if the NRC receives significant is revised to read as follows:
Executive Director for Operations.
adverse comments on this direct final Authority: Secs. 51, 53, 54, 57, 63, 64, 65, [FR Doc. E6–5497 Filed 4–12–06; 8:45 am]
rule by May 15, 2006, the NRC will 81, 82, 103, 104, 109, 111, 126, 127, 128, 129,
BILLING CODE 7590–01–P
publish a document that withdraws this 134, 161, 170H., 181, 182, 187, 189, 68 Stat.
action. In that event, the comments 929, 930, 931, 932, 933, 936, 937, 948, 953,
received in response to these 954, 955, 956, as amended (42 U.S.C. 2071,
2073, 2074, 2077, 2092–2095, 2111, 2112, DEPARTMENT OF TRANSPORTATION
amendments would then be considered
2133, 2134, 2139, 2139a, 2141, 2154–2158,
as comments on the companion Federal Aviation Administration
2160d., 2201, 2210h., 2231–2233, 2237,
proposed rule published elsewhere in 2239); sec. 201, 88 Stat. 1242, as amended (42
this Federal Register, and the comments U.S.C. 5841); sec. 5, Pub. L. 101–575, 104 14 CFR Part 39
will be addressed in a later final rule Stat. 2835 (42 U.S.C. 2243); sec. 1704, 112
based on that proposed rule. Unless the [Docket No. FAA–2006–24431; Directorate
Stat. 2750 (44 U.S.C. 3504 note).
Identifier 2006–NM–011–AD]
modifications to the proposed rule are Sections 110.1(b)(2) and 110.1(b)(3) also
significant enough to require that it be issued under Pub. L. 96–92, 93 Stat. 710 (22 RIN 2120–AA64
republished as a proposed rule, the NRC U.S.C. 2403). Section 110.11 also issued
will not initiate a second comment under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) Airworthiness Directives; Airbus Model
period on this action. and secs. 54c and 57d, 88 Stat. 473, 475 (42 A319, A320, and A321 Airplanes
A significant adverse comment is a U.S.C. 2074). Section 110.27 also issued
under sec. 309(a), Pub. L. 99–440. Section AGENCY: Federal Aviation
comment where the commenter
110.50(b)(3) also issued under sec. 123, 92 Administration (FAA), Department of
explains why the rule would be Stat. 142 (42 U.S.C. 2153). Section 110.51 Transportation (DOT).
inappropriate, including challenges to also issued under sec. 184, 68 Stat. 954, as ACTION: Notice of proposed rulemaking
the rule’s underlying premise or amended (42 U.S.C. 2234). Section 110.52
approach, or would be ineffective or (NPRM).
also issued under sec. 186, 68 Stat. 955 (42
unacceptable without a change. A U.S.C. 2236). Sections 110.80–110.113 also SUMMARY: The FAA proposes to adopt a
comment is adverse and significant if: issued under 5 U.S.C. 552, 554. Sections new airworthiness directive (AD) for
(1) The comment opposes the rule and 110.30–110.135 also issued under 5 U.S.C.
553. Sections 110.2 and 110.42(a)(9) also
certain Airbus Model A319, A320, and
provides a reason sufficient to require a A321 airplanes. This proposed AD
substantive response in a notice-and- issued under sec. 903, Pub. L. 102–496 (42
U.S.C. 2151 et seq.). would require a detailed inspection for
comment process. For example, a cracks and marks on the carbon blades
substantive response is required when: 2. In § 110.7, paragraphs (b) and (c)(1) of the ram air turbine (RAT), and
(a) The comment causes the NRC staff are revised to read as follows: replacement of the RAT with a new or
to reevaluate (or reconsider) its position serviceable RAT if necessary. This
or conduct additional analysis; § 110.7 Information collection
requirements: OMB approval. proposed AD results from a report of
(b) The comment raises an issue
* * * * * three chord-wise cracks on the aft side
serious enough to warrant a substantive
(b) The approved information of one carbon blade of a certain RAT.
response to clarify or complete the
collection requirements contained in We are proposing this AD to detect and
record; or
(c) The comment raises a relevant this part appear in §§ 110.7a, 110.23, correct cracks and/or marks on the RAT
issue that was not previously addressed 110.26, 110.27, 110.32, 110.50, 110.52, carbon blades, which could result in
or considered by the NRC staff. and 110.53. reduced structural integrity of the
(2) The comment proposes a change (c) * * * carbon blade, and consequent loss of the
hsrobinson on PROD1PC68 with PROPOSALS

or an addition to the rule, and it is (1) In §§ 110.19, 110.20, 110.21, RAT as a source of hydraulic and
apparent that the rule would be 110.22, 110.23, 110.31,110.32, and electrical power in an emergency.
ineffective or unacceptable without 110.51, NRC Form 7 is approved under DATES: We must receive comments on
incorporation of the change or addition. control number 3150–0027. this proposed AD by May 15, 2006.
(3) The comment causes the staff to * * * * * ADDRESSES: Use one of the following
make a change (other than editorial) to 3. In § 110.31, paragraph (c) is revised addresses to submit comments on this
the rule. to read as follows: proposed AD.

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Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Proposed Rules 19137

• DOT Docket Web site: Go to Examining the Docket kept the FAA informed of the situation
http://dms.dot.gov and follow the You may examine the AD docket on described above. We have examined the
instructions for sending your comments the Internet at http://dms.dot.gov, or in DGAC’s findings, evaluated all pertinent
electronically. person at the Docket Management information, and determined that we
• Government-wide rulemaking Web Facility office between 9 a.m. and 5 need to issue an AD for airplanes of this
site: Go to http://www.regulations.gov p.m., Monday through Friday, except type design that are certificated for
and follow the instructions for sending Federal holidays. The Docket operation in the United States.
your comments electronically. Management Facility office (telephone Therefore, we are proposing this AD,
• Mail: Docket Management Facility, (800) 647–5227) is located on the plaza which would require accomplishing the
U.S. Department of Transportation, 400 level of the Nassif Building at the DOT inspection and replacement if necessary
Seventh Street SW., Nassif Building, street address stated in the ADDRESSES specified in the service information
room PL–401, Washington, DC 20590. section. Comments will be available in described previously.
• Fax: (202) 493–2251. the AD docket shortly after the Docket Costs of Compliance
Management System receives them.
• Hand Delivery: Room PL–401 on This proposed AD would affect about
the plaza level of the Nassif Building, Discussion 34 airplanes of U.S. registry. The
400 Seventh Street SW., Washington, The Direction Générale de l’Aviation proposed inspection would take about 1
DC, between 9 a.m. and 5 p.m., Monday Civile (DGAC), which is the work hour per airplane, at an average
through Friday, except Federal holidays. airworthiness authority for France, labor rate of $80 per work hour. Based
Contact Airbus, 1 Rond Point Maurice notified us that an unsafe condition may on these figures, the estimated cost of
Bellonte, 31707 Blagnac Cedex, France, exist on certain Airbus Model A319, the proposed AD for U.S. operators is
for service information identified in this A320, and A321 airplanes. The DGAC $2,720, or $80 per airplane.
proposed AD. advises that, during routine Authority for This Rulemaking
FOR FURTHER INFORMATION CONTACT: Tim maintenance inspections, three chord-
wise cracks were found on the aft side Title 49 of the United States Code
Dulin, Aerospace Engineer, specifies the FAA’s authority to issue
International Branch, ANM–116, FAA, of one carbon blade of the Sundstrand
ram air turbine (RAT), part number rules on aviation safety. Subtitle I,
Transport Airplane Directorate, 1601 section 106, describes the authority of
Lind Avenue, SW., Renton, Washington (P/N) 762308. Investigations revealed
that the carbon fibers of the carbon the FAA Administrator. Subtitle VII,
98055–4056; telephone (425) 227–2141; Aviation Programs, describes in more
blades were installed in the incorrect
fax (425) 227–1149. detail the scope of the Agency’s
position during manufacturing, which
SUPPLEMENTARY INFORMATION: reduced the structural integrity of the authority.
blades and caused the cracks. Cracks We are issuing this rulemaking under
Comments Invited and/or marks on the carbon blades of the authority described in subtitle VII,
the RAT, if not corrected, could result part A, subpart III, section 44701,
We invite you to submit any relevant
in reduced structural integrity of the ‘‘General requirements.’’ Under that
written data, views, or arguments
carbon blade, and consequent loss of the section, Congress charges the FAA with
regarding this proposed AD. Send your
RAT as a source of hydraulic and promoting safe flight of civil aircraft in
comments to an address listed in the
electrical power during an emergency. air commerce by prescribing regulations
ADDRESSES section. Include the docket
for practices, methods, and procedures
number ‘‘FAA–2006–24431; Directorate Relevant Service Information the Administrator finds necessary for
Identifier 2006–NM–011–AD’’ at the
Airbus has issued Service Bulletin safety in air commerce. This regulation
beginning of your comments. We
A320–29–1124, dated November 23, is within the scope of that authority
specifically invite comments on the
2005. The service bulletin describes because it addresses an unsafe condition
overall regulatory, economic,
procedures for a detailed inspection for that is likely to exist or develop on
environmental, and energy aspects of
cracks and marks on the carbon blades products identified in this rulemaking
the proposed AD. We will consider all
of the RAT, and replacement of the RAT action.
comments received by the closing date
with a new or serviceable RAT if
and may amend the proposed AD in Regulatory Findings
necessary. Accomplishing the actions
light of those comments. We have determined that this
specified in the service information is
We will post all comments we intended to adequately address the proposed AD would not have federalism
receive, without change, to http:// unsafe condition. The DGAC mandated implications under Executive Order
dms.dot.gov, including any personal the service information and issued 13132. This proposed AD would not
information you provide. We will also French airworthiness directive F–2005– have a substantial direct effect on the
post a report summarizing each 212 on December 21, 2005, to ensure the States, on the relationship between the
substantive verbal contact with FAA continued airworthiness of these national Government and the States, or
personnel concerning this proposed AD. airplanes in France. on the distribution of power and
Using the search function of that Web responsibilities among the various
site, anyone can find and read the FAA’s Determination and Requirements
levels of government.
comments in any of our dockets, of the Proposed AD For the reasons discussed above, I
including the name of the individual These airplane models are certify that the proposed regulation:
who sent the comment (or signed the manufactured in France and are type 1. Is not a ‘‘significant regulatory
hsrobinson on PROD1PC68 with PROPOSALS

comment on behalf of an association, certificated for operation in the United action’’ under Executive Order 12866;
business, labor union, etc.). You may States under the provisions of section 2. Is not a ‘‘significant rule’’ under the
review the DOT’s complete Privacy Act 21.29 of the Federal Aviation DOT Regulatory Policies and Procedures
Statement in the Federal Register Regulations (14 CFR 21.29) and the (44 FR 11034, February 26, 1979); and
published on April 11, 2000 (65 FR applicable bilateral airworthiness 3. Will not have a significant
19477–78), or you may visit http:// agreement. Pursuant to this bilateral economic impact, positive or negative,
dms.dot.gov. airworthiness agreement, the DGAC has on a substantial number of small entities

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19138 Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Proposed Rules

under the criteria of the Regulatory the FAA proposes to amend 14 CFR part Comments Due Date
Flexibility Act. 39 as follows: (a) The FAA must receive comments on
We prepared a regulatory evaluation this AD action by May 15, 2006.
of the estimated costs to comply with PART 39—AIRWORTHINESS
DIRECTIVES Affected ADs
this proposed AD and placed it in the (b) None.
AD docket. See the ADDRESSES section 1. The authority citation for part 39
for a location to examine the regulatory continues to read as follows: Applicability
evaluation. Authority: 49 U.S.C. 106(g), 40113, 44701. (c) This AD applies to airplanes identified
in Table 1 of this AD, certificated in any
List of Subjects in 14 CFR Part 39 § 39.13 [Amended] category; except those airplanes on which no
Air transportation, Aircraft, Aviation 2. The Federal Aviation modification/replacement of the RAT has
Administration (FAA) amends § 39.13 been done since incorporating Airbus
safety, Safety.
modification 27014 (installation of a
by adding the following new
The Proposed Amendment Sundstrand ram air turbine (RAT), part
airworthiness directive (AD): number (P/N) 766352) or 28413
Accordingly, under the authority Airbus: Docket No. FAA–2006–24431; (reinstallation of the Dowty RAT) in
delegated to me by the Administrator, Directorate Identifier 2006–NM–011–AD. production.

TABLE 1.—APPLICABILITY
Airbus model Equipped with

(1) A320 airplanes .............................................. A Sundstrand RAT, P/N 762308, installed by incorporating Airbus modification 27189 in pro-
duction.
(2) A319 and A321 airplanes ............................. A Sundstrand RAT, P/N 762308, installed by incorporating Airbus modification 25364 in pro-
duction or Airbus Service Bulletin A320–29–1075 in service.

Unsafe Condition inspected in accordance with paragraph (f) of DEPARTMENT OF TRANSPORTATION


(d) This AD results from a report of three this AD and found to be within the limits
chord-wise cracks on the aft side of one specified in the referenced service bulletin. Federal Aviation Administration
carbon blade of a certain RAT. We are issuing
this AD to detect and correct cracks and/or Alternative Methods of Compliance
(AMOCs) 14 CFR Part 39
marks on the RAT carbon blades, which
could result in reduced structural integrity of (h)(1) The Manager, International Branch, [Docket No. FAA–2006–24439; Directorate
the carbon blade, and consequent loss of the ANM–116, Transport Airplane Directorate, Identifier 2006–NM–039–AD]
RAT as a source of hydraulic and electrical FAA, has the authority to approve AMOCs RIN 2120–AA64
power in an emergency. for this AD, if requested in accordance with
Compliance the procedures found in 14 CFR 39.19. Airworthiness Directives; Empresa
(e) You are responsible for having the (2) Before using any AMOC approved in Brasileira de Aeronautica S.A.
actions required by this AD performed within accordance with § 39.19 on any airplane to (EMBRAER) Model EMB–145XR
the compliance times specified, unless the which the AMOC applies, notify the Airplanes
actions have already been done. appropriate principal inspector in the FAA
Flight Standards Certificate Holding District AGENCY: Federal Aviation
Inspection and Replacement Administration (FAA), Department of
Office.
(f) Within 600 flight hours after the Transportation (DOT).
effective date of this AD, do a detailed Related Information ACTION: Notice of proposed rulemaking
inspection for cracks and marks on the (i) French airworthiness directive F–2005–
carbon blades of the RAT, in accordance with (NPRM).
212, issued December 21, 2005, also
the Accomplishment Instructions of Airbus
addresses the subject of this AD. SUMMARY: The FAA proposes to adopt a
Service Bulletin A320–29–1124, dated
November 23, 2005. If any crack or mark is new airworthiness directive (AD) for
Issued in Renton, Washington, on April 4,
found to be outside the limits specified in the certain EMBRAER Model EMB–145XR
2006.
service bulletin, before further flight, replace airplanes. This proposed AD would
the RAT with a new or serviceable RAT in Kevin M. Mullin, require modification of the flap system
accordance with the Accomplishment Acting Manager, Transport Airplane interface wiring. This proposed AD
Instructions of the service bulletin. Directorate, Aircraft Certification Service. results from a finding that the aural and
Note 1: For the purposes of this AD, a [FR Doc. E6–5476 Filed 4–12–06; 8:45 am] visual warnings, which should be
detailed inspection is: ‘‘An intensive BILLING CODE 4910–13–P activated when the flaps are set to 22
examination of a specific item, installation, degrees during takeoff, were not enabled
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
during the manufacture of certain Model
supplemented with a direct source of good EMB–145XR airplanes. We are
lighting at an intensity deemed appropriate. proposing this AD to prevent
Inspection aids such as mirror, magnifying overrunning the runway during takeoff.
hsrobinson on PROD1PC68 with PROPOSALS

lenses, etc., may be necessary. Surface DATES: We must receive comments on


cleaning and elaborate procedures may be this proposed AD by May 15, 2006.
required.’’
ADDRESSES: Use one of the following
Parts Installation addresses to submit comments on this
(g) As of the effective date of this AD, no proposed AD.
person may install a Sundstrand RAT, P/N • DOT Docket Web site: Go to
762308, on any airplane, unless it has been http://dms.dot.gov and follow the

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