ML20216D445
| ML20216D445 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1996 |
| From: | Shelton B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20216C659 | List: |
| References | |
| FRN-61FR24669, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-61, RULE-PR-70, RULE-PR-72 AF17-2-034, AF17-2-34, NUDOCS 9709090319 | |
| Download: ML20216D445 (9) | |
Text
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- [,g n. t UNITO STATES P D h j
NUCLEAR REGULATORY COMMISSION W ASHINGTON. D.C. 9066He01
'4 4 * * . . + ,@ May 7, 1996 l
l MEMORANDUM 10: Michael T. Lesar, Chief Rules Review Section l Rules Review and Directives Branch Division of Freedom of Information and Publications Services Office of Administr FRON:
- n. J.
ar vo. ,
G ,
e Inf ati n and Records Management Branch Office of Information Resources Management
SUBJECT:
REQUEST FOR COMMENT AND CONCVRRENCE ON THE FINAL RULE, 10 CFR PATS 20, 30, 40, 61,-70, AND 72 TERMINATION OR TRANSFER ,
OF LICENSED ACTIVITIES: RECORDKEEPING REQUIREMENTS P' a se release the subject rule for publication.
X The IRM concerns have been resolved.
Change the Paperwork Reduction Act Statement as indicated on the attached.
Add / change the "Information Collection Requirements: OMB Approval" section as indicated on the attached, cc: M. Thomas, RES J. Glenn, RES 9709090319 970904
$ 61N 24669 ^
- _- a
24669
~
_ - -Rules and Regulations r+ l =+-
Vol. 6t, No. 96
\ Thuruley, May 16,19%
1No section of the FEDERAL. REGISTER The proposed rule was adopNd, with NUCLEAR REGULATORY !
outsee reguistory oxumems havog 9ereral changes, and a final rule was published COMIAl& WON apatutty and imW en ct nest mch on A iril 26,1990. (61 FR 18486)' wie an effective date of June 1,1996. 10 CFR Perte 20,30,40,81,70, and 72
M$ [*puuis 60 woe pursunre to 44 U.S.C. t610.
e Since the pub!! cation of th9 final rule, RIN 3160-AF17 fts code of Federal neguietons is noid by G1PSA has detonnined it is bi the best
- St4,wirnemses of Docunerna. Prces of TennineWon w TraneW Licensed
. interest of the larley market to postpone ActivHies: Mooordkeeping
"'" I'""' **d 8" '* "*' HUN the eflective date. Immedinte
'""' # A** "
implementation may not generate
- anticipated benefits to the market but AoewCT: Nuclear R"gulatory DEPAMMAENT C3 AGMICULTURg may adversely affect merchandisers of Commission.
grala, especially locause of contracting ""'" 3 U "'
Grain enepooten, Peakers and concerna. Afler consultetlon with the Stoekyenen AdminisereIIen trade and taking into account trade muesasAny:The Nuclear Regulatory
' views both for and against a change in Commission (NRC)is amending its 7 OPM P m 300 W O the effective date GIPSA determined regulations pertaining to the disposition lutt 0800L AA14 that it would be less disruptive if the of certain records when a licensee ef'octive date for l'nplementing the tenninatos limnaed activities or UM Statse tendente W % revisions to the United States Standards licensed activities are transferred to for Barley were changed from June 1, another licenace. The final rule requires A048eCY:Greln Inspectica Packers and a licensee to transfer records pertaining Stockyards Administration, USDA, 1996 to June 1,1997. Also providing e one yes ielay in linplementing the to decommissioning, and certain records ACTiow: Final rule; postponement of pertaining to offsite releases and waste eflective date. standaros would allow for seasonal adjustment of markets, disposal, to the new licensee if licensed GutestARYI Dls document postpones the activities will continue at the same stle, n'g effective date of the final rule (61 FR in486) to revine the United States Standards for Barley from June 1,1996, Background and forwar it butres ese same the new records before the licenne is terminated.
to the licensee NRC to until June 1,1997. This action is being On page 18490,in the third column. EFFECTIVE DATE June 17,1996, taken to postpone the implementation of mnd paragraph, the second and third FM NRMn WMetAM CONTACT:
the Unitnd States Standards for Barley sentences " Pursuant to that section of Man 1.nanas,Mem of Nuckar from the loginning of the 1996 the Act,it has been detennined that in Regulatory Research, U.S. Nuclear marketing season to the toginning of the the public interest the revi61on becomes "7 " " "' " *"
1997 marketing season. no extension of effective June 1* 1996 This effective 20555-0001, telephone (301) 415-6230, the effective dote is being talon to
- l lnning of e mail MLTleNRC. GOV, gvent disruption in Llw marketing of 1 m f I e domestic and export marketing of numsasswTAMf eurosesATioN:
int a ona .P oning the 1. Backgnnsad barley" are revised to red "It has been offective date to the loginn ng of the lic interest determined that in the While evaluatin an incident 1997 inarketin asesion will allow ad eat athe angesi n in the standard;,
ade 1 is e c ve date will e Q"' "f' deb " "i with the beginntrm of the 1997 crop year current recordkee ing requirements.
OFrecTivt DATE:The effect've date of the and facilltato don.cstic and export We NRC was una le to determine how final rule is postponed from June 1.
marketingoflarley . much radioactive material was released 1996, to June 1,1997. to a sanitary sowerage system lecause rity: Puk 1.94-582,90 Stat. 28ft7, records of previous releases by the FM NER WMetAN Cowf ACTI as amended (7 U'S.C. 7t et seq l' George Wollam, USDA, GIPSA, Room original holder of the license were not 0623 South Building,P.O. Box 96454 Dated: May a,19m available. In addition,the regulations were unclear with regard to the final Wambington, D.C. 20090-6454; Telephone (202) 720-0292; FAX (202) David Orr, disposition of these records when licens,ed activities have ceased and the 720-4628. license is terminated. A proposed rule sumseeswtAny INFonesAitone:On March Acting Adrninistmtor.
22,1995, the Grala inspection Packers requiring licensees to forward certain and Stockyards Administration (GIPSA), IFR Doc. 96-tt974 Filed Ik-15-96: 8:45 aml records to the NRC once limnaed activities consed, or to a new owner if U.S. Department of Agriculture, under auses ooes sm.w they would be taking over licensed
[ authority of the United States Grsin Standards Act, as amended published a activities, was published for comment
(' proposed rule (60 FR 15075) to revise in the Federal Register on December 28, the United States Standards for Barley. 1994 (59 FR 66814).
24 tin l'odoral ReelstM , Yoh bl. M 'in / l h m sd.n . %n in. Poi d ,
o u.> '. o 11,lHstusbiun of Conunents end important for din omnouunung be pim ide nw ords to the new lu i nwe m Sununary of Requirements in the l'inal prosided to the new hi enwr prmr to the esent of remsignment or transler Rule lii ente reouignment or traintes. b and to the NRC at in ense terinination
't his set tion im tudes a diu ussion of dra uued ladow. in mWihon to lin n e of a u(M haWe W the signifitant issues raised hv publit d's onumWoning rei onk die nu onk k non t nWenal u e( Wwn kuuu umunent and how they were addresi.ed. Intluded in die hnal nde nie. n.sub of nu ima m e inatenal w di haHu omae ndease ineasununents and Win no dar uouM hei ongde% pew his i ornment letters were rm eised on decay ed in a icw was and i orn% pone the proposed rule,3 from Agieement taltulahons undn % 20210 @M and States. I hom a lic ensee, and two from waste thspowds nuduinred uruler to On. value i urn ndy used to &Munne u 20 22n2. 20 22nL 20 mot and u hk h N ensees muu hate a public interest gioup* Three supported "" "
the ptopused rule, and three ltrorn in onler for the NHL. to determum that < hang in ilm hnal rule was made to
%greement States) qum.tioned the a hu nsee has eHtu Hup ouhn e die innden on a number of honefit in adopting these rinjuirements. decomnnuloned its fat dity, and to th ensen that routinely use only waled l'obhc Cornments authorite license termination, the NRC wun es and, ni the case of byprodta t
- 1. Nood for 4 e Rule and INgutted "E "d"w Om kensee's eMuahn of materinh dormed hotogum b San
""""gI pretious releases to the environment 120 dapl. l.ic ensees authorized to atul waste disposals to dett rmine pouess only sealed sourten woi ' still Corinnentt Two tomrnenters t tatet whether there is a need for the licensee im required'to retain rnords of spills that the NRC has not demonstrated th" to remediate significant of fsite involving suurte ruptures, under need for the rule on the basis of one contamination as a nault of past current decommissioning recordteeping incident. They elso stated that the NRC licensed activities prior to license n quirements. The final rule will n* quire did not demonstrate how the proposed termination.1.it ensees ore already all Ilu nsees to forward regulations and their unnmensurate required to keep these reuerds mitil det ommiuloning records to the NRC at untn would aulst lic ensees, the NRC. hu m.e termination, liu nse termination. Using this enteria and the Agn ement States in the analysis When transfer of a license to a new the numimr of ik ensees alle< ted of the environmentalimpact from th" entity is approved by the Commission, annually by this rulemd ing luis site. They requested that the NRC tertain records related to olisite releases det reased from approumately 1700 in provide data that permits evaluation of of material, including wnste disposals. the proposed rule to mo in the final the attualimpact of these regulations- would be needed by the new lit ensee rule.
These same commenters stated that prior to decommissioning to determine the usefulness of the records in th" areas where renmdiation snay in, .: Agreement State Compatibility decisionmaking process should also b" needed. In addition, there may im Gonnnent. One commenter stated (1) demonstrated in each raw They circumstamm where it willis that there was no basis for a Division 2 niferred to the Oldective Section of the non.uary for the NitC or other lesel of tompatibility and (2) that an Draft Regulatory Analpin, whith stated gm ernment agencies to evaluate the Agreement State could use other that timse n(ords "* *
- will provid" effects of lii ensed operations on the methods, such es actual survey, to the NRC with the information needed to environment. Although other confirm that there was no offsite nuess pouihle risks asm. lated with information would also im needed to contamination. In addition, tim licensed at tivities om e a licem.ee has gmrform an eaviron eintal analysis, tommenter stated that oWer costs terminated its litense." They believed au est to these nu mds uould be useful assm lated with the proposed rule hm e that this assumption is $;enerally false, in evalnating potential sources of not been a onsidered sm h as tosis and that even il newer release m ords contamination. asm lated with inspections, and w hile were available, an independent The NRC has re-evaluated the impact the NRC may be abic to absorb these evaluotion of the environment would of this regulation in the Regulatory costs in "non tore portions of the stillim required. Analysis. The records required to be inspection program," Agreement States Hegonse. The intent of the proposed transferred are the retotds that the do not have this lusury.
rule was to ensure that records that are licensee is alreads required to retain Hesponse. The Commiulon still requinui by current regulations to im until lh ense termination. The burden believes that this rule should be n, tamed by licensees during th ensed associated with this rulemaking relates assigned a Disision 2 compatiblhty lesel operations are available in the event that to transfer and subsequent storage of for most of the now requirements.The safety concerns arise 'ter license reconis, and as discussed in the final rule auigns a lhvisioe 1 term l nation reganling any oilshe Regulatory Analysis la not found to be compatibility level for the requirement (ont.equem es found to have resulted significant. that rm ords he provided to the from litensed operations Since the NRC The final rule has been modified to regulatory agency prior to licenw may not be able to determine what specify that only decommissioning tennination. While the NRC believes problems will arise in the future, the nu ords and n.coids of offsite releases that it would be prudent for Agreement best course of action is to have the and w aste disposals need to be States to adopt a similar requirement, records available after the license is forwarded to the new h(ensee in the the final rule assignment of a Division terminated. The proposed rule specified eseut of th ense transfer or re- a compatibility level for this that the ntords used by the liumsee to assignment and that thm.e are the only requirement provides the flexibility for demonstrate compliam e with the public records that need to be provided to the each State to determine w hirh records dose limits and limits on waste NRC at hcense termination. In addition. should be provided to the regulatmy disposals were to be forwarded to the only licensees authorlied to possess agency and retained by it at license NRC prior to licensc termination or to unsealed sourre material or unsealed termination.
the new owner if licensed operations byproduct material with half. lives The NRC tmlieves retention of these were to continue at the site under a new greater than 120 days (i.e. licensees that records will aid in the resolution of or amended license, in addition, the have a potential for signifh ant potential safety concerns that may be proposed rule specified that records contaminstion) will be required to identified after license termination. an
. . . . J
24672 l'ederel Nt gin'er ' Vol, 61, No. % / t huuday, Mw 16, 1990 , Rules and Reguhalons daomri instoning fer independent spent of retords pertaining to potential futute safety concerns, This ducommlutoning to the new htenwo. can be achieved by comfut ting 71 storage installations and that the paragraphs have imen added to H 30 $1, Iadiological surve'ys at the formesly y has propowd changes to this 40.til,70.51,and 7J.80 to clarily that lit ensed site. Without the rtu.otds, thesc
'agtaph to addivss the transfer of
.densed activilles This commenter records pertaining to decommissioning. surveys may nemt to te greater in offsite releases, and certain records number and iney im more costly, but the questions why 10 CFR $0.75(g), which contains the same type of recordkec}dng rtalning to waste disposal be absen(e of retained rm ords wil} not mquirements for decommissioning for forwardal to the new litenwe prior to preclude an Agreement State frotn lit enw transfer or re assignment, or to adequately assuutng future safety production and utilization facilities, was not changed, The commenter the NRC prior to licenw tennination. concerns /
believes this to be inconsistent and Also, paragraphs have been addml to l\,,1.nvironment al lmpact: Categos ir.al possibly an inadvertent omission by the 66 01.30(a)(3) and 61.3 t M(I) to rlanfy IMlusion N RC.
that records required by $6 01.80 (e) and flesponw. This rule only addresws (Il are tu be transferred to the disposal The NRC has ti etennined that this site owner, or to the party responsible final rule is the type of action desenbod materlala licenwes. Tha Commlulon is as a categorical esclusion in to CFR currently evaluating the rumd for for institutional control of the disposal additional rulemaking to addrvss the site, reymotively, a1.22(o)(3)(ii), muirdkee aally, a new paragraph I.as imen requirements. Therefore,p'.ig . ither ca broad issue of transfers of reactor added to 6% 30.30,40.42,70.38, and environmental impact statement not an licenses. Any such rulemaking would also consider recordkeeping 72.54 Io state that a license will not be environmental assessment has imen mquirements. terminated until the NRC rw cives the prepared for this final rule.
0I*
Surnmary of 11r9uirernents of the Final '"}\,"f}Yj"*0 79 II \*,p p a w k w % ,m m U"I' lit, Agreement State Compatibility This final rule amends infonnation The final rule rmguires transfer of mllmion mquirernents that are subint certain tm;ords pertaining in This rulemaking will be a matter of to the Paperwork Reduction Act of 1995 decommissioning, offsite ndenses, and c 1patibility between the FPC and the (44 U.SL 3501 et seql These waste disposal to a licensee that takes Agmement States, thereby providing requirements were approved by the consistency of State and federal safety Office of Management and fludget.
over operation of licensed activities.
Thew records includm those waste regt.irements. The NRC has detennined approval nurnimt 3150-0014, -o017,
. 0020, ~0009, -0132, and -0135.
disposals that would be permitted under that a Division 2 level of compatibility The public mporting burden for this 6$ 20.2002 (including any burials should be assigned to the thanges to
. authorized before January 2H,1981), $$ 30.35,40.36, and 01,31 locauw the collection of information is estirnated to 42003,20.2004,20.2005, and results rei ords required by thew sections are average 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per responw, including
\neasurements and calculations used important to assure protection of public the time for rey;cwing matructions, health and safety,and are important to searching esisting data sounvs, ivaluate offsite reicaws enss.ro that facilities in Agreenmnt gathering and maintaining the data J0.2103ih)(4)). The new licensee will needed, and mmpleting and reviewing need these records in order to perfonn States are effectively decommissioned.
an adequate site characterir.ation prior Under this intel of compatibility the the collection of information. Send to decommissluning. Once the new Agreement States willim espected to conunents on any aspect of this adopt recordkeeping requirements that collection of information, including end;y is granted a licenw and accepts these records, they imcome sub) cot to all are as stringent as NRC's, but they will suggestions for teducing burden, to thu vgulations concerning tennination and be permitted Ihalbility in their Information and Records Management transfer, The final rule also sequims that requirements bawd on their radiation tiranch (T-6 F33), U.S, Nuclear protection esperience, professional Regulatory Commission, Washington, these records be forwarded in the NRC DC 20555-0001, or by Internet prior to license termination. In wiecting judgments, Revisions and to community
$$ 30.5 values.
t,40.01,70.51' records to include in this rulemaking, olectronic mail at lllS16NRC.GOW and and 72.80 that require records to l* to the Desk Officer Office of the NRC focuwd attention on forwarded to the new licensee whenever Information and Regulatory Affairs, information that would im needed by a lirense is transferred or re assigned N1.Oll-10202. (3150-0014, -0017, licensees to conduct decommissioning will also be assigned a Division 2 level -0020, -0009, -4132, and -o135), Office effectively and for the NRC to evaluate offsite consequences from a lit onwe's of compatibility for the reasons cited of Management and lludget, operation, in addition, for cortein ahm e. Other revisions to these wotions Washington, DC 20503.
addressing forwarding of records to the records of offsite releases and waste NRC prior to license tertnination will be Public Protection Notification disposals, the final rule has also been modified to apply to Ikenseen only assigned a Division 3 tampatibility Tim NRC ma level. Under this level of compatibility and a person not is'y nottoconduct required respond or sponsor authorired to possess source and to, a collection of information unless it the Agreement Statn wdl ham the byproduct material with half lives displays a currently valid OMll control greater than 120 days,in an unwaled option to adopt similar requirements fann, regarding final disposition of the n undier.
mmrds, but will not he required to Paragraph 20.210a(b) has been Yl, Regulatory Analysis mended to state that there are adopt such requirements. While NRC The NRC has prepared a regulatory additional requirements for disposition believes retention of these records will analysis on this final rule. The analysis of nmords in 10 CFR Parts 30,40,70, aid in the resolution of potential safety esamines thu costs and benefits of the and 72, Paragraphs 30.35fg) and 40.36(f) concerns that may be identified after alternatives considered by the NRC. The licenw termination, it also rnognizes p mcify records that the Commission that an Agnement Stato without an regulatory analysis is available for f isiders important to inspection at the NRC Public Document
\ ommissioning. The NRC has revised equivalent requirement for record Room,21201, Street NW. (l.ower levell.
retention has the ability to resolve
,se paragr*phs to requim the transfer
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- N I H m"I - %t h t tm su liot ui. o' ae alw ru ohnitC% thdl "h AF'H"'*nt \' P ' L b,sau w ou4 nani rulc teqm;ing transinittal of wilhout an equhahutt toipiirett ent tot ut:p n i 4 i - .i ii tot ont retention luo, the abd ts to re o ' * ' - 'a .o; .t w k nl ru h* tri och 'o the NH(. at in ense resuh e potenti al future safeln i om eli,. u; r . s nu o i.ie N epu v rey strecimnh la tninatit <n tun e lutn de%ivnattal lloneu r, this tan be at hietn!In f, Je i < enniuionii q t',n l g var,281 iht aion 3 < ompatihihty lesci liets t ondm ling rmliologia al Min e,s ht the ilm H i ords :ru luded in the hiul rule !!ni Nj(C has dju ontinum! its regul funnerly Ik enwil ute. Without the are & i o.utuiuioning im ords, in oak of authority in the Agreement States im tt.t oltis, lhese huh t'} h flui t i eed to he w m*!c (b%lloods tIlat w ollbl be jmnnitted this nintelja], (( lt4 apploplialt4 tillt the l %h-r M .0Jon2 liin luding anv hurmis Aueenu at States, rathet than Ilm NIN gmater in number amiin iv lm men i ostly, but t!m .deum e ..f retainml 'uhona d before Januarv Ot. InHil. both detennine w hu h hirememt Naf" sm ords tull n.o pim hule un Ayee mot Jo 20in. .'O /on t. .'n 20n5, ami resuhs lii ensco rm ords snonhl im relahmd at ri measurernents omli *lrohtions umi In enw termmation. n,ul mamtam thew state hum artryoahdv aueuun ;latu.e ulety i om erns. to es alu de of hite releaw-. n uinh..
llounne the Comndsar,n t.'es iedm ed t h 2n 2 til Uldl41). Thew tm ords wouhl (di Rn ords of waste dispostds the bunten of this :ula by !inuune, thn be imipfulin evalualmg tim itopac t of a allowml by 4 20 20ns i unently me numimr of lh ensen* affei int by ilns litensee's past m tivitlen. 'lhis reipiired by 4 20 21Imlb) to be retaini d rule,ihe inipertion butden on the infortnation tan be m.ed by the new until the Commluion terminates em L
%enwe reu.iving tim ret onh in peninent th enw n, quiring the retont Agreement States 9,hould m,1 he signifitantly intrenwd. It is unkkely deveWping dm oninuksioning pitms atu! The Comeniuion is uirrently es atur' ng that any State will hn o inore than 2- by the tryulatory agem y to evaluate um a petition for rulernaking that requests a
- adeqtiacy of the ik ensetis revitdon to 42()2005 pertaining to w aste 3 tram,lers per gear. With respect to other usts, the reporting bunlen refhtti dm omsnissioning nttivities. With thin disposal. Thh4 petition k rutrently on that t!m thne requitad to indes. review i hange, the NRC uincluded that for hohl until finahration of the ruletud inu no" t th enwes the os erall number of midreoing rmliolovital criteria for
- md store the required recotda has been deuinunb.sioning. In light of this, we re.cattulated to be an average of S hours anords that would bu requinul to be transferred to the new th ensee shoubt will uinnider this romnwnt in nSoh me per lu ense termination or tram fer. this petition.
not enved the r apacity of several lile
- 1. lumulatory Ahernativen dum rs, cu'n for a he inse Oud han been
- E"bhc Atm.s lo h!ormation Cmmnent. Two a omumnters stated in effm t for sonmintm and therefore, tlm overall bunten awn lated with the Comment. One tornmenter w as that Om NRC failed to identif y ~
transfer donald im small In nddition, i ono rned that the Canamission regulatory alternsthes that would be as osmlooked the benefits whic h i ne hl eHm tiro as the proposed rule while the ruhi pennits storage of this inf ormntion elm tronk ally. The tinal result f rom simple,inespensive-to-plat ing less burden on liumwes the NRC, and Agreement States. As noted in rule also requires that dm ommluioning implement requirements enhain me tim diu enion el Iv.uen 1 and 2, the :n ords ami < ertain tu onk pertaining to pubhr an eu to information. This offsite releaws t nd waste dNposal be < ommenter nutml that enham mi pub 1
< ononen'ers ( om tudml that any beimiit from the propowd rule is questionabbt
~
lorw atded to the N1(C or the appropnate auess to mformation is an import.o Agreement State prior in hi enw (though not the only) reason for l hev stated that spn if r regulntury rm ordkeeping,in part lmtauw iniorn idternatives that f.hould be i onsidered terniination (b) The NRC lus evaluated the memlmru of tlw puhlle tan play a milude, but are not Hmital to. ugmlicant role in ensuring that
- u. Perfann separate es alualmns for Om soc. tion to hmit the scope of hoenwes i os ered by the rule and has regulatory m tions are appropriate alul utilitt of rm]uidng retords for olisite reviwd the final rule and the Reguktory timely. l'his commenter urgml the releaws and for wasto disposal, and Analpis to relb t that for in onws Commission to consider enhatu ed making independent pulements b Consider limiting the uope of tim authorized under Parts 30 or 40, the rule pubim m. est to infunnation as part of rules to address only those latilities that only atincts those licenwes authorized a e oberent polk y to prots t important dorunmntary infonnation from loss.
possess unwaled soon en with long half. .o poswss unwaled byproduct material with halidis en greatar than 170 days or Hesponw!This rule requires that lives _
a Consider all records being progided unwaled soun:e matenal. hitenwes that rewnts portaining to decommissionmg use and poswss waled sourtes, or and certain mwrda pertaining to of fsite to the NRC, rather than requiring unsealed by product material with short releases and waste disposak be Agreement States to amintain the records, half in es. ate - tonper alferted hv this transferred to a hrenwe tint takes m er d,1;liminate transferring 10 Cl R rule. As a resi of tios t hange. most a previous Ik enwe's business ami that 20 anns t)pe rewrds (disposal of medical lic enwes will not need to these rewrds he forwarded to the transler rewrd, in the esent of licens" i ognizant regulatory body prior to speelfic wastes in quantities less than or equal to 1.85 kilohn querels per gram transfer, or re assignment. Final rm otds hoenw tennination, thereb 3 protn tmg of intium or carbon-14 in w intdlatmn dispoution for thew lu ensees and theso re< onk for f uture at t ess Om <
fluids or anunal tissuch others culuded by this rule will still be thew na ords an. forwarded to the NRC Hesponse. The Connaission determined on a Law hotaw basis hv thes aillim asahalde through the wnudeird possible alternatises to the NRC at the time of lu ense Fni edom of iniormation Att puu en rulemaking These are addreswd in the tennination- eulusise of ang proprietary Regulatory Analysis prepared for this b.1 The purpow of this rulemaking is information '
rule. The follow mg information is to assure that adequate rm onis are 5 Independent Spent i_nel Storage provided with resport to the specific available to provide historn al Installations and to CPR 72 3ntd) reunmnendations of the commenters- infonnation on previous beenwd (a) The NRC tm onsidered the scope of operutions in tlm event significant NC9"I*"*"th the prepowd rule and decided to limit olhite matamination is dets ted alter a Conunent One commenter stated th:
the reconh required to those needed to licenwe has tenwd operatmo of their la CFil 72.30(d) addreues I,n,61ity. To provide fleubility to the reconikeeping requirements for support dw ommissioning The
e
- I l l ederal Regliter / Vol. 61, No. 90 i lhursday, May th, limte r Rula and Regulations NdLi :
I Washington, DC. Single copws of the 10 CFill' art 30 reuird. Requlwnmnts los disposition ot l Di'" U"'"5" analpin inav bu obtainod from Mary L.
11)
II" '" "*""I
Thomas Office of Nuclear Regulatory ,,ena!irodut I materird, Criminal termination, uro P"laated in h s 30.51, 3 ties Government contracts.
1 Resean h, U.S. Nuclear Regulatory [ntergovenmwntal reladons, hotopes 4041,70.51, and 72.tlo for activities 1 Conunission. Washington, DC 20555- Nudear materials, Radiation protecti[m, Hoensed under Uno,o pada.
Onn t , telephone: (30114154230; email:
Mt.TlifrNRC GOV g[,'di',),""l'i"""n" nI i n,, , cpi"R PART 30-RULES OF OENERAL
, APPLICABILITY TO DOMESTIC s Vil, Regulatory I'lesibility Certillcallon 10 CTH Port 40 LICENSING OF BYPRODUCT In au onlance with the Regulatory Criminal penalties, Omernment MATERIAL l
l'lesibility Act of 1980 (5 t f.S C. 00Mh)), contracts, liar.ardous materials 3. The authority citation for Part 30 the Commission certifies that this final transportatlon, Nucient matorials, continnes to read as follows:
i tulo dans not have a significant Reporting and ret ordkoeping Autherl Sec s. 81,82, trit,182, t 83. Uu.
! economic irnpact on a substantial mqullements, bource material, 68 Stat,93y 4, 948,953,954,9%, as amended.
nuinhet of small entitles. The llranium, m;. 234,83 Stat 444, as amended H2 llS C !
j rulemaking imposes requirements oil 9 r;pg pagg g; 2111,2112,220s,2232,2233,2236.22a2h 1 those licensees who are required Io &# c m a 200 as amend,"' 202,2m, RN M,it
. @al Jenaldes, Low level wasto, 1242, as amended. 1 :44.1246 (42 RS C l focommissioning funding assurance $84L 5842,$H4GL I sud on licensees who are transferring M V tunterials, Reporting and a a ls i uod r , uh a their llumse to a new licensee. Those "M"P H FP9uirements, I
,"rwtment angdisposal.
Waste tjui ,,
7 changes toquire the transfer of rm.ords ,,g g 3gg,,, 2002, m met n 2 A pertaining to decornmissioning, and 10 CFR f,.rf 70 142 (LS C. 5n51L Section 3n 34 tid also Nued utrialn records of wanto disposals and under sec.184. 68 Stat. 954, as amended (42 offsito releases, to the new licensee. In m na penabs, Hazadous it S C 2234L Section 30$1 also issued under nudedals transpodadon, Matedal sm_ tar,6a sat 955 H2 RSn 2237L 1 addition, the rule requires forwarding i
these records to the NRC at licenso """I"U "", d,a anounung, Nuclear 4. In 6 30.35, the introductory text of termination. These records are already requirod to be maintained until the
- aj ,
a a mit ,
regraph (g)is revised to road as licenw in terrnineted by the mwdWing mquirements Scientific 1 Commission, and are needed to provide equipnmnt Security measures, Special $ 30.35 Financial assurance and nalear material recordheeping for decommissioning. !
historicat informatir af tho lmpact of a . . . . .
previous licenwu ac' stles on the 10 GR Porf 72 (g) Enh penon licenwd under this environment and decommissioning.
- Manpower training programs, Nuticar part or parts 32 through an and 39 of j ' Vill, Small liusiness Regulatory matedals, Occupadonal safety and this chapter s. hall Loep records of Enfonement fairness Act health, Reporting and recordiceping information important in the
) requirements, Socurity measures, Spent dm:ommissioning of a facility in an 4
in accordame with the Small f uel. identified location until the site is
! lluriiness Regulatory Enforcement l'or the reasons set out in the relcawd for unrestricted uso,lieforo Fairness Act of 1996 the NRC has preambio and under the anthority of the licenwd activities are transferred or j detennined that this action is not a Atomic Energy Act of 1954, as amended, assigned in accordance with h 30.34(bl, i major rule and has veriflod this the Energy Roorganization Act of 1974, licenwes shall transfer all records determination with the Office of as amended, and 5 U.S.C. 552 and $53, describod in this paragraph to the new Information and Regulatory Affairs of the NRC is adopting the foHowing licensee. In this cow, the new licensen 4
Omit amendments to 10 CFR Parts 20,30,40, will be responsible for maintaining 61,70, and 72 these ramrds until the licenw is
- IX,llackfit Analysi" tenninated,if records important to tha PART 20-STANDARDS FOR decommissioning of a facility are kept The NRC has determined that the backfit rule,10 CI'R 50.109, does not PROTECTION AGAINST RADIATION for other purpows, referem e to thew 4
apply to this final rule and, therciore, 1. The authority citation for Part 20 "9ords and thelt locations may be us0d.
that a backfit nonlysis is ,t required for continues to tour is follows: Inwnnad n the Commission considers this rule becauw these as, ondments do iniportant to decommissioning consists Authority: Sat SL 63. 65. 81,10L 104, o(_
not involve any provisions that would m, t82. thn, da mat 930. on. un. vas. . . . . .
- impose back fits as defined in 10 CI'R 917. 948,9st 955, as amended, suc,17ni,
$0.109(a)(1). udStat Nst. 2952,2m 92 nSC 2073. 5. In S 30.30, paragraph (L)(4)is added
< emt 2ms. 2 i1 t. 21312134,2201,2232, to read as follows:
- l.ist of Subjects ;;w,237n, my gog,,, amended 202. W, 6a mac 12n as annmded, t 244.1246 H2 5 30.36 Espiration and termination of l 10 CTH Part 20 16conses and decommiss6oning of sites and tLS C 5841,5842. 584hL separate buildmgs or outdoor areas.
Ilyprmluct material Crimina 2. In S 20.210tl, paragraph (h) is . . * *
- i penalties, Licensed material, Nuclear reviwd to read as follows: (L) * * *
] materials, Nuclear power plants and (4) Records toquired by $ 30.51 (d) reactors. Occupational safety and $ 20.2100 Records of waste disposat, and (f) have been received. f health, Packagmg and containers, '
n, in $ 30.51, paragraphs (dl, (c), and p Radiation protection, Reporting and recordkoeping requirements, Special-(b) The licenwo shall retain th" records swiuired by paragraph (a) of this (f) are added to read as follows:
( nuclear material, Source material, Waste section until the Commission terminates $ 30.51 Records.
treatment and disposal. each pertinent license requiring the
- ~ . , . - , , _ . - , -- . - - _ - . . - - . . . - . - . . . - _ _ - - _ - _ - - .- .
mig 1 ederst Rh;nier i '
, m 1 W. 1m, - s
....m..,,,..
- o, ,
a e
= ---,4. .~ ~ .
(d) Prior to htense ternuaaann, s a h . n al "I e a,nrnded ;42 U 5 C ili E m ords to the nrw ho nwe md th im lit enu e autt.ortred to possest ' et tion 4df 1 m We 1 m dn m M ensee w di be respongble for radiomtise material with a haifdde 18' u htat. W '12 M C . m1 maintwune these nw ords ontd me greater ilum 120 days, m an uni,ealtni m In 4 h 16, the mtrodta tory wt el I" C h S" ' S 1"8 "H h dh"I form, s, hall forw ard the followmr (1) Rewrds of dispoul of !n enmi paragroh 10 is tes i+d to reaius rewrds to tha appropriate NPC Hevonal goijou matedal made under h 20.'uo2 liru huling Imnals authorired beime Of fic e (1) Rewids of dispoul of ;it imsed HM6 Finawal assurance and Louary 28,10H1 '). ;O 20n3,20 20(R
- noterial male ender 4 20 2002 reco'dheeping tot decommissioning- 20 200t and
- * * *
- I2) Ret ords rt quired by tincluding burinh authorned Lefare January 2n. inh 15). 20 20c3. 20 200t (01:ar h peacn lit n.wd undi r thii, 4 c0 2103(b)(4 L 20 200x and part shall h ep in ords of information (0 Prior to linnw ternunonon. is h (2) Records niquired b) in:pmtml to ib det ommissioning of a ht enwe shall forw ard the retorus 4 20.210Mid(4) f aihty in an identified hu ation until required by 4 40 36(0 to the appropria'e (c) If lic enwd activities are transfer red the sde is released for unrestnoted ow. NRC Regional Of fice.
or assigimd in accordantc with nefon, liansed at th ities are transferred 4 30.34(b), euch lic casoc authorized to or aulentw1 in au.ordatn e with PART 61-LICENSING pouci,s radmacth e material, with a REQUIREMENTS FOR LAND b 40 4 Ob) hcensees shnll iransfer all half life greater than 120 days,in n' records described in tids paragraph to DISPOSAL OF RADIOACTIVE WAST E unt.ealed form, shall transfer the the new licensee, in this e ase, the new 11. The authority titation for Part 61 following records to the new licensee beensee will be responsible for continues to read h follows.
and the new licensee will be responsible rnaintaining these nu ords until the Authority Seu 5:e. u. 62, h3. 65. n s. ist for maintaining these rewrds until the h< ense in terminated. If noords W'*'"'**'****'S"4"'
license is terndnated: Important to the decomrnissioning of a ""' '"""'"" 2" "
(1) Records of disposal of licensed fat ility are ie it for other mr ioses '
material made under h5 20 2002 refereme to il ese nn.ord am their , , '2 2 8 at 4 (4 L (including burials authorired befor locatmns may be used, Iniormation the s842. sn4M, sen 10 as a Put, L Uu.oi.
january 2H,1981 '),20 2003,20.2004, Conuniulon t unsiders important to 92 Stat 2951 (42 U S L .u21a and 5 Mil and 20 2005; and decommissioning tonsists of- Pub L 102-446. set 2902.106 Stet lin.
(2) Records required b) , , , , , 14g p 3 g sug).
'" 9 I"D"I
- I,2. In h 6 WO, paraguNi (.C n
( r r1 i em,e termination, enth reused to read as followv to read as full ws:
licensee shall forward the n+wrds required by 5 30 35(g) to the nppropriat" $ 40 42 E mpiration and termination of $ 61.30 Transfer of license.
NRC Regional Of fice licenses and decommissioning of sites and 9j...
separate bulidings or outdoor areas. (3)1 hat any funds for care and PART 40-DOMESTIC LICENSING OF . . . . .
nu onh, nnjuired by %% 61 no (e) and (6 SOURCE M ATERIAL Iy... h.n e been transfern'd to the dispotal
- 7. The authority citation for Part 40 (4) Records required hv % 40 b1(d) and g gu g
( onlinues to read' as follows: (O naw been Huned. 11 in b 61.31, parapaph (r M3) is added io read as follows.
Authority: Seu 62.63.64 b5.81.thL m b 9 a 61, paragraphs (d),(el, and 182' 183. wb. 6n Stat 93L u n ris. 948. (0 are added to read as foll,ws: $ 61.31 Termination of heense.
953, Us4. 9%, as amended. ed 11eut 83.
H4. Pub L 94404,92 Stat 3033, as nmendat' $ 40.61 Records. (c) .
1n39. sec. 234,8 i Stat 444, en amended (42 *
- U.S C 2014(cH2),2092,2093,2094,2095.
(3)That the retords required by init 2113.2114,2201,223L 2233,2236. (d) Prior to hoense termination, each %% 6130(el and (0 have been sent to the 2282L m. 274, Puh L 8&173,73 Stat 688 lic ensee authorized to possess source party responsible for institutional (42 U.S C 202 t h se(s 201, as arne ndeed. 20L material, in an unsealed form, shall control of the disposal site and a top)'
206,85 Stat 1742, as amended, 1244,124h foruaid the follow ing rot ords to the has been sent to the Comminion (42 U.S C 584 L 5R4L 5n40). sec 275,92 approt riate NRC Regional Office: immediately prior to licenw Stat. 302), ns amendM by Pub L 97-415.4h O) ketords of digoul af he med g g g g
Stat. 2067 (42 U.S C 2022)-
" minid mde under $ 2R2'302 (including burials authorized be fore PART 70-DOMESTIC LICENSING OF 6n , et 92 t2 1d SPECIAL NUCLEAR MATERIAL Puk L 102-4 kb. sec 2uut 106 Stat 3123, January 2H,1981 '),20.2003,20.2004, (42 U S C 5851) Section 40 31(g) ako tuved 20.2005: and 14 The authon.ty (,tation t for i, art 70 (2) Records required b) under sec 12L 68 St.it. 939 (42 U S C 215.n continues to read a follows:
Sntion 40 4h aho issued under ut 164,68 6 20.210 f(h)(4),
(c)If licensed activities are transferred Authority: Soo ',1. 5.1, thL 1BL 18 L bh or assigned in accordance with stat 929,930. 94a. usa, us4. as amended,
' A pmious 610 304pernuned bun,d of smei se' D4. 83 Stat. 4a4, e amended w.1701.
quanunes of hi enwd neerials in el briore % 40 4)(b), each lit ensee authonred to 100 Stat. 2951. 2952,2953 (42 U S C 2071, knuary 28 14a t W uhout um if.c D,mmnuon pom,s sourte material, in an unwaled 2073. 2201,2f)2,22 33. 2282,22970, un a othoriaanon See 6 20304 contained in the 10 Ci K. pans o to 199. edmnn reused . of lanaary i Mll trander the follow 20L n amended, ;:0L 204,206,88 Stat L nat. 1242. as amended, 1244,1245,1246(42
' A prmmis 6 20 304 permined burialof sme!
- A previous % 20394 perm,eed banal of small g gg g3, g 5gg gg4g quantibes of h(craed nwenals m amt before quanunes of hr ensed matenals in wil trfore *,m C tions 701(f.) and 70 /n,t(b) also issued
}anbar) Is.198 L without SpM IfT Commas Man lanuary 28.19AL Whthout Specific CDmmMalun under sn s. 135,141. Puh L 9b4M, % W authonianon See 6 20 304 (ontained iti the 10 aathartsahon See 6.'0304 t o'Hained in the to 2232,2241 ts? U.S C 10155.101b1) Se( t H R pans 0 to 199. edaion mined as of knuar) (TR. pa 1s o to 1% editsim reused as oi lunaary L 19 fit 70 7 niso isnied under Pub L 95401, si 1.198L
.j
e e e f5detEl RPRister / Vol, bl No. 96 / Thursday, htav 16.199h t Rules and eseguletions 24675 10,92 Stat. 2951 (42 U S C 5851) Section g 70.32(a)(3), the licenwe shall transfer ret ords and their locations may be used, 70 21(g) also issued undet sec.122,68 Stat Ihe following records to the new Information the Commistilon considers kenwo and the new lkt nwe will be important to decommissioning consists seu d u d : si 57d u 9 J7 a nsponsible for maintaining thew of-Stat. 475 (42 if S C 2077) 70 44 also tasued under pc.164,68 Stat. 954.Sm tions 7n 36 and records until the lkenu is terminated III E" cords of disposal of lit ensed 20. In b 72.54, paragraph (m)(3) is as emended (42 LLS.C 2234) Section 70 61 also tasued unde: sets tab.187 bn Stat. 955 material made under i 20 2002 added to read as follows:
(42 U.S C 2236. 2237) Settion 70 62 also (intluding burials authorlud before issued under sec,10s, se Stat. 939. as January 28,19818).202 003,20.2004, 6 72.64 Espiration and termination of 18c*ntes and oecommissioning of sites and amended (42 LLS C 21381- 20.2005: .
(ill Records required by
- operate buildings or outdoor areas.
- 15. In 5 70.25, the Introductory test of * * * *
- aragraph (g)is revlwd to read as S 20.2103(b)(4h and ollows (ill) Records required by 6 70.25(g). (m) * * *
- * * * * (3) Records required by 5 72.80(e)
$ 70.26 Financial amourence and have been received.
recordkeeping for decommissioning. PART 72-LICENSING 21. In 6 72.80, paragraphs (e) and (f)
- * * *
- REQUIREMENTS FOR THE are added to read as follows:
(g) rach person licensed under this INDEPENDENT STORAGE OF SPENT
$ 72.60 Other records and repcrts, part shall Loep recor is of Information NUCLEAM FUEL AND Hl0H. LEVEL * * * *
- important to the decomrnissioning of a RADIOACTIVE WASTE
' facility in an identified location until (e) Prior to license termination, the
- 18. The authority citation for Part 72 licensee shall forward records required the site is released for unrestricted use. conunues to n'ad as foHows:
if records important to the hy $$ 20.2103(b)(4) and 72,30(d) to the decommissioning of a facility are kept Authorit y: Set s. 51,53,57,62.63,65,69.
al.1st, tea,183,184,186,187,189.68 Stat. ap(nrooriate NRC Regional Office.f) lilicen for other purposes, reference to these records and thelt locations may be und, 929, m .932,933.934, m ,946.9ss.954. or assigned in accordance with 955, as amended sec. 238. 43 Stat. 444. as 5 72.44(b)(1), the licemsoe t' 11 transfer Information the Con mission considers U .
[g"y".nd 9 2 g
- the records requirvd by 65 20.2103(b)(4) important to decommissioning (onsists 2( d 2,g DI- 2234, 2236,2237,2238,22a2); sec. 274. Pub and 72.30(d) to the new licenwe and ihe
- ' * *
- L.86-373. 73 Stat. 688, as amended (4 2 new licenwe will be responsible for
- 10. In % 70.38, paragraph (L)(4)is t LS C 2021L sec. 201, as amended. 202,2(wi. maintaining these records until the na Stat.1242. as amended. 1244.1246(42 boenw is terminated.
added to read as follows: LlS C 5841,5842. SH46h Pub. L 95-+nt, sec. D s $ 70.38 EmpireUon and terminetton of 10,92 Stat. 2951.1086 Stat. 3123 (42 U.S C "g ,ated **'I I at llodville, Maryland, this ist day j licenses and decommiseloning of altos and 5851), wc.102 Pub. L 91-190.83 Stat 853 For the Nur lear Regulatory Conumsslon.
j esperate buildinge or outdoor areas. (42 U S C 4'l32L Sc(s.131,132,133,135.
%/ * * * *
- 137.141. Pub L 97-425,96 Stat. 2229. 2230, lames M.Ta3 lor,
- *
- 22 32, 2241. sec.14a, Pub. L HO-203,101 Eamutwe threctorfor Opemtions (L) Stat 133tb235 (42 U.S C 10151,10152, trR h 96-12 Hin rued 5-15-96; a 45 aml (4) Records required by $ 70,51(b)(b)
Im) ims. HH57. Imi, unnat have been nwelved. Secunn 72 44(g) also issued under secs.
nau a coo new
- 17. In 5 70.51, footnotes 2 and 3 are 1421b) and 14H(cL (d). Pub L 10(b203,101 _ __
re desiEnated as footnotes 3 and 4, Stat.133(F232,133(k236 (42 llS L paragraph (b)(6)is reviwd, and a new 10162tb),10lba(ch(d)t Section 72 4h also DEPARTMENT OF TRANSPORTATION aragraph (b)(7)is added to read as inued under ser 189,6e Stat. 955 (42 U.S C ollows: 2239L wc.134. Pub. L 97-425,96 Stat. 2230 Federal Aviation Administration (42 tLT C 10154) Section 72.9hld) also 9 70.51 Meternal belance, inventory, and issued under wc.145(gt Pub. L.10tw203, 14 CFR Part 39 records requirements. 101 Stat.133th235 (42 LLS C 10165tg)F (Docket No. 94-NM-92-AD; Amendment Subpart I also issued under wcs. 2(2L 2(15), 39-9618; AD 96-10-11) 2119L 117(a),14Uhh Pub. L 97 -425 Oh Stat.
th)* *
- 2202. 2203,2204,2222,2244.142 LLS C (0) prior to license termination. RIN 2120-AA64 101(M 10137(ah 10lb1(hlt Subparts K and L licensees shall forward the followimt records to the appropriate NRC Regional are also issued under sec.133 un Stat. 2230 Airworthiness Directivest McDonnell (42 U S C 1m3) and Sec. 21 stat 96 Stat Douglas Model DC-9 and DC-9-40 Office: 2252 (42 U.SC 1019at Sertos Airplanes,ModelMD-88 (i) Records of disposal of licenwd material made undt t 5 20.2002 19. In S 72.30. the introductory test of Airplanes, and C-9 (Military) Series (including burials authortwd before paragraph (d)is revb ed to read as Airplanes follows:
January 2tt,19813),20.2003,20.2004, ACENcvs Federal Aviation 20.2005 Administration. DOT.
(ii) Rtlcords required by $ 72.30 Financial assurance and reewaeoping tw decwnmissioning. ACTION: pinal rule,
$ 20.2103(b)(4); and * * * * *
(ill) Records required by $ 70.25(g).
SUMMARY
t This amendment supersedes (d) Each person licensed under this (7)If licensed activities are transferred an existing airworthiness directive (AD),
or assigned in accordance with part shall keep records of information important to the decommissioning of a applicable to McDonnell Douglas Model facility in an identified location until DC-9 and DC-9-80 series airplanes.
i A preuous 6 20 304 pennmed burist of small the site is released for unrestricted use. Model MD-88 airplanes, and C-9
" If nr rds important to the (military) series airplanes, that currently O qunuues "$'oNo'n$sN2N4 a of he,,rInta t$ materials wd decomml8Sloningin of a sail bekwe facility are kept requires certain inspections and CFR.1mns 0 to i99. edmon entsed as of lanuary structural modifications. This
- i. insi. for other purposes, reference to these
24(i7(i l'ederal Reghier ! %d bl. L 1h ! !!undn, h a ;am i.hs ano 1, la ius . , ,
amendment requires additional proposed to require i ertmn whhtmmil r ombnon resuhs in the li.su ua e of i ins;ns tions and structural strut tural modifications and sen ir o hulletm, the i A A must un nm modifications. Thh amendment is un spections. and approve that ieniu buHetin haed prompted by an evaluation < ondm ted Interested persons haw been atforded upon w hether HiM wrvic e hulleun t y the Airworthiness Assurant e un opportunity to participate in the po,adu h Wn .e. da+ idsfied Wo: Ling Group, w hith identified malmg of this arnendment.1)ne usede < ondiuon ami MMhn OM additional inspm:tions and struttural (onsideration has been gh en to th" medmd of torm hon mm b die mmlifh ations for inandator) at tion, I he comments rtteived' on -
a usmwmfM b hp uppod for e Proposal dedgn rif Hui aHm ted ainaaft. Furthig t r 1- t Ir r le r i ti r in the "In raton,ina) not le ehle to provide m.
strurtural capahuities of the allected Ses eral < onunenters support the propowd ruh'. depth engineering analpis, sm h as that airplanes, """ ' *" U" DATES: Ellective lune 20,1946. Request for i AA to Resiew Future " # " " ' " " "
The Iru orporation by refewnte of Revisions of the Servire At tion " '" "I "I"' "
"DC-9/MD-tto aging Aircraft Servit " Requirrinents Document (SARD)
At tion Requiremonts Document " Ifowever, the Air Transport McDonnell Douglas Report No. MDC Onnmnnienter nquests that the i,AA Association (ATA) of Americ a has in l K1572 Revision 11. dated January 15, redew aH subseqmint n visions of . plau, a system w hereby memlu>r
"""".e buueUn6 that am n+Ierenu,d in op rMors are Worded b opp %nity
.993, as listed in the regulations, is
" Al I r Ar our "ls e i ter i ! June .1 Service Action Requirements
,ri The incorporation by referent e of ikw:unient," Revision II, dated January opemtors to take advantage of this A'l.A "DC-9/MIMO Aging Aircraft Servito 15,1993 (hen after referred to as 9steni o effett thanges to Action Ibx ulrements Document," nianufauun't,s servh e bulletins.
"SARD, Revision H"), to determine McDonnel Douglas Report No. MDC Additionally, operators have the opt,mn K1'572, Revision A. dated June 1,1990, at ocptahihty for compliant o with the ;
n'quirements of the proposal.Thu FAA of contacting the manufacturer directly as listed in the regulatlons, was to resolve such difficultws.
approved previously by the Director of a vun. Whenever the FA A reviews the Federal Register as of September 24, and appnives a sersico dm:ument, that Request that Manufacturer Provide 1990 (55 FH 34704, August 24,1990). docurnent willindicare that it has beeri Alternative Rework Drawings to approd by the FAA, and that if a g ,
ADORrssts: The service information <ons en d an au epudde aheniauve refeninted in this AD may be obtained from Mcibnnell Douglas Corporation, nu'duq 'f unnphanus for any esisting 1 he sarne commenter requests that, A s. I mample, two sounn of when an earlier version of a rework 3H551.nlewood lloulevard,1,ong livath, seniuiinfonnau n nden.nced in the drawing b nientnced in any e aling California 90846, Attention: Technical l'uhlitations ilusiness Administration, nnal rule in ar sud a statenu n6 (S"" action, the FAA ensure that to Department Cl-l.51 (240). This Pf K" IIipl'am
" Al of manubdunn pmvide operMms u A m Com e,lr""tiV" SARD Res M",3"5 kion ll; "I and mu,t nmed revision ohhM n m information may be esamined at the Foderal Aviation Administration (FAAl, pgeDonnen 22, paragraph a "Approvahm of Douglas 09 Senu."
drawing if it haa been apprmed by the dane Din (torate, Rules FAA as an ahernathe method of Transport Airf.ind Avenue, SW. Huneun 53-230, Redston 1, dated Ikx.ket,1601 compliante for the nguirements of that Januaq 12,1994 rulemaking action.
Renton, Washington; or at FAA, Transport Airplane Directorate,l.os Request to Penuit Operators to loin in The FAA does not concui Section s Ainruft C,ertification Office. FA A's Review of futuna lievumns to 21.99% of um Federal Aviation Angehlaramount 3960I iloulevard, l.alewood,the S ARD R dhm M CFR MWu Califorma; or at the (}ffk e of the l oderal The ume conuneder ako quem qwa6,aq% ym Re gister, H00 North Lapitol Street, NW . that the FA A, as part of the review that the manufacturer make infonnation suite 700, W ashington, DC. proten, obtain input from affected on design changes that contribute to the FOR FURTHER INFORMATION CONT ACT: operators prior to approving any safety of the product avaibble to all David ), ]. Ilsu Aerospace Enginet r, McDonnell Douglas servit e bulletin. opeMors of Me aHoded product.
Airframe llranth, ANM-1201.,i AA. The unnmenter states that this would However, die n vhed nmork drawings Iransport Airplano Directorate,l.os reduce the numb ef errors in service "'"F "# ""'"""'N Angeles Aircraft Certification Offite. buneuns, which wouhl elitninate the safety of the product". T he FA A\ntMmte t 3960 Paramount floulevard,I.akewood, need for revisions of servk e hulletins to " ""# N#
California 9n7124137; telephone (110) torrect any errors in them. """*
nun "P"N"e" fadumt &nm 'to obtain 627-5323; fas (310) 627-5210 The FAA does not < ontur. While the n% Nons of wwd dmwing Howner,
$UPPLEMENT ARY INFORMATION: A FAA recognites the value of operators' in um mnt any opemtor finds it proposal to amend part 39 of the Federal review of servn e bulletins, it tonsiders unimiMe to au.mnplish the Aviation Regulations (14 CFR part 39) their participation to be more timely was published in the l'ederal Register and appropriate during 'he development ""luttenmnts of this AD due to the on November 10,1994 (59 FR 56011), of the senk e bulletin hv the inability to obtain necemary rework mnnufacturer, rather than atter it has drawings, those operators are reminded The action proposed to supersede AD 9N1bO3, amendment 394701 (55 FR been submitted to the FAA for apprm al. of the provisions of paragraph (hl of the 34704, August 24,1990), which is After the FAA has identified an unsafe final rule, which permit any operator to applicable to McDonnell Douglas Model condition, the FAA relles upon the apply for approval of an alternative DC-9 and DC WHO series airplanes, and manufacturer to provide the method to method of tompliance with the Model MD-M nirplanes, and C-9 torrett that unsafe condition. When that requirements of the final rule.
hnilitary) series airplanm. That action method of cornition of the unsaic
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