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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UNITO STATES j
NUCLEAR REGULATORY COMMISSION W ASHINGTON. D.C. 9066He01
'44 * *.. +,@
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 J. G n.
FRON:
ar vo.,
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 PDR
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a
24669
_ - -Rules and Regulations r+ l =+-
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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
M$
[*puuis an effective date of June 1,1996.
10 CFR Perte 20,30,40,81,70, and 72 e
60 woe pursunre to 44 U.S.C. t610.
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 TennineWon w TraneW Licensed
- St4,wirnemses of Docunerna. Prces of
. 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 A048eCY:Greln Inspectica Packers and for Barley were changed from June 1, another licenace. The final rule requires Stockyards Administration, USDA, 1996 to June 1,1997. Also providing e a licensee to transfer records pertaining ACTiow: Final rule; postponement of one yes ielay in linplementing the to decommissioning, and certain records standaros would allow for seasonal pertaining to offsite releases and waste eflective date.
disposal, to the new licensee if licensed adjustment of markets, GutestARYI Dls document postpones the activities will continue at the same stle, n'g and it butres the new licensee to effective date of the final rule (61 FR in486) to revine the United States
Background
forwar ese same records to the NRC Standards for Barley from June 1,1996, before the licenne is terminated.
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 barley" are revised to red "It has been
- 1. Backgnnsad offective date to the loginn ng of the determined that in the lic interest 1997 inarketin asesion will allow While evaluatin an incident Q"'
"f' deb " "i ad eat athe angesi n ade 1
is e c ve date will e
in the standard;,
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 to a sanitary sowerage system lecause 1996, to June 1,1997.
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' original holder of the license were not George Wollam, USDA, GIPSA, Room available. In addition,the regulations 0623 South Building,P.O. Box 96454 Dated: May a,19m 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 activities, was published for comment
('
Standards Act, as amended published a in the Federal Register on December 28, proposed rule (60 FR 15075) to revise 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 dra uued ladow. in mWihon to lin n e of a u(M haWe W
't his set tion im tudes a diu ussion of d's onumWoning rei onk die nu onk k non t nWenal u e( Wwn kuuu the signifitant issues raised hv publit Win no dar uouM hei ongde% pew nu ima m e inatenal w di haHu Intluded in die hnal nde nie. n.sub of umunent and how they were addresi.ed.
omae ndease ineasununents and his i ornment letters were rm eised on taltulahons undn % 20210 @M and decay ed in a icw was and i orn% pone the proposed rule,3 from Agieement 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 "E "d"w Om kensee's eMuahn of materinh dormed hotogum b San
- 1. Nood for 4 e Rule and INgutted pretious releases to the environment 120 dapl. l.ic ensees authorized to
""""gI 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
.: Agreement State Compatibility the usefulness of the records in th" areas where renmdiation snay in, 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 71 storage installations and that the ducommlutoning to the new htenwo.
can be achieved by comfut ting y has propowd changes to this paragraphs have imen added to H 30 $1, Iadiological surve'ys at the formesly
'agtaph to addivss the transfer of 40.til,70.51,and 7J.80 to clarily that lit ensed site. Without the rtu.otds, thesc
.densed activilles This commenter records pertaining to decommissioning. surveys may nemt to te greater in questions why 10 CFR $0.75(g), which offsite releases, and certain records number and iney im more costly, but the 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 production and utilization facilities, lit enw transfer or re assignment, or to adequately assuutng future safety 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 that records required by $6 01.80 (e) and N RC.
The NRC has t etennined that this i
flesponw. This rule only addresws (Il are tu be transferred to the disposal materlala licenwes. Tha Commlulon is site owner, or to the party responsible final rule is the type of action desenbod currently evaluating the rumd for for institutional control of the disposal as a categorical esclusion in to CFR a1.22(o)(3)(ii), muirdkee requirements. Therefore,p'.ig additional rulemaking to addrvss the site, reymotively,
. ither ca broad issue of transfers of reactor aally, a new paragraph I.as imen licenses. Any such rulemaking would added to 6% 30.30,40.42,70.38, and environmental impact statement not an also consider recordkeeping 72.54 Io state that a license will not be environmental assessment has imen terminated until the NRC rw cives the prepared for this final rule.
mquirements.
Surnmary of 11r9uirernents of the Final
'"}\\,"f}Yj"*0 II 0I*
\\*,p p a w k w %,m m 79 U"I' This final rule amends infonnation The final rule rmguires transfer of lit, Agreement State Compatibility mllmion mquirernents that are subint certain tm;ords pertaining in This rulemaking will be a matter of to the Paperwork Reduction Act of 1995 decommissioning, offsite ndenses, and c 1patibility between the FPC and the (44 U.SL 3501 et seql These waste disposal to a licensee that takes Agmement States, thereby providing requirements were approved by the over operation of licensed activities.
consistency of State and federal safety Office of Management and fludget.
Thew records includm those waste regt.irements. The NRC has detennined approval nurnimt 3150-0014, -o017, disposals that would be permitted under that a Division 2 level of compatibility
. 0020, ~0009, -0132, and -0135.
6$ 20.2002 (including any burials should be assigned to the thanges to The public mporting burden for this
. authorized before January 2H,1981),
$$ 30.35,40.36, and 01,31 locauw the collection of information is estirnated to 42003,20.2004,20.2005, and results rei ords required by thew sections are average 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per responw, including
\\neasurements and calculations used important to assure protection of public the time for rey;cwing matructions, ivaluate offsite reicaws health and safety,and are important to searching esisting data sounvs, J0.2103ih)(4)). The new licensee will enss.ro that facilities in Agreenmnt gathering and maintaining the data need these records in order to perfonn States are effectively decommissioned.
needed, and mmpleting and reviewing an adequate site characterir.ation prior Under this intel of compatibility the the collection of information. Send to decommissluning. Once the new Agreement States willim espected to conunents on any aspect of this end;y is granted a licenw and accepts adopt recordkeeping requirements that collection of information, including these records, they imcome sub) cot to all are as stringent as NRC's, but they will suggestions for teducing burden, to thu vgulations concerning tennination and be permitted Ihalbility in their Information and Records Management transfer, The final rule also sequims that requirements bawd on their radiation tiranch (T-6 F33), U.S, Nuclear these records be forwarded in the NRC protection esperience, professional Regulatory Commission, Washington, prior to license termination. In wiecting judgments, and community values.
DC 20555-0001, or by Internet records to include in this rulemaking, Revisions to $$ 30.5 t,40.01,70.51' olectronic mail at lllS16NRC.GOW and the NRC focuwd attention on and 72.80 that require records to l*
to the Desk Officer Office of information that would im needed by forwarded to the new licensee whenever Information and Regulatory Affairs, licensees to conduct decommissioning a lirense is transferred or re assigned N1.Oll-10202. (3150-0014, -0017, effectively and for the NRC to evaluate will also be assigned a Division 2 level
-0020, -0009, -4132, and -o135), Office offsite consequences from a lit onwe's of compatibility for the reasons cited of Management and lludget, ahm e. Other revisions to these wotions Washington, DC 20503.
operation, in addition, for cortein addressing forwarding of records to the records of offsite releases and waste disposals, the final rule has also been NRC prior to license tertnination will be Public Protection Notification and a person is'y not conduct or sponso modified to apply to Ikenseen only assigned a Division 3 tampatibility Tim NRC ma not required to respond authorired to possess source and level. Under this level of compatibility byproduct material with half lives the Agreement Statn wdl ham the to, a collection of information unless it greater than 120 days,in an unwaled option to adopt similar requirements displays a currently valid OMll control regarding final disposition of the n undier.
- fann, Paragraph 20.210a(b) has been mmrds, but will not he required to Yl, Regulatory Analysis mended to state that there are adopt such requirements. While NRC additional requirements for disposition believes retention of these records will The NRC has prepared a regulatory of nmords in 10 CFR Parts 30,40,70, aid in the resolution of potential safety analysis on this final rule. The analysis and 72, Paragraphs 30.35fg) and 40.36(f) concerns that may be identified after esamines thu costs and benefits of the licenw termination, it also rnognizes alternatives considered by the NRC. The p mcify records that the Commission f
isiders important to that an Agnement Stato without an regulatory analysis is available for
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ommissioning. The NRC has revised equivalent requirement for record inspection at the NRC Public Document
,se paragr*phs to requim the transfer retention has the ability to resolve Room,21201, Street NW. (l.ower levell.
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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
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tri och 'o the NH(. at in ense tot ont retention luo, the abd ts to re o ' *
'a resuh e potent 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 i
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 l
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 gmater in number amiin iv lm men
%h-r M.0Jon2 liin luding anv hurmis Aueenu at States, rathet than Ilm NIN 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 aueuu ;latu.e n
to es alu de of hite releaw-.
n uinh..
ulety i om erns.
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 Agreement States 9,hould m,1 he
%enwe reu.iving tim ret onh in peninent th enw n, quiring the retont 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 3 tram,lers per gear. With respect to adeqtiacy of the ik ensetis revitdon to 42()2005 pertaining to w aste 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 re.cattulated to be an average of S hours anords that would bu requinul to be deuinunb.sioning. In light of this, we transferred to the new th ensee shoubt will uinnider this romnwnt in nSoh me per lu ense termination or tram fer.
not enved the r apacity of several lile this petition.
- 1. lu ulatory Ahernativen dum rs, cu'n for a he inse Oud han been
- E"bhc Atm.s lo h!ormation m
Cmmnent. Two a omumnters stated in effm t for sonmintm and therefore, that Om NRC failed to identif y tlm overall bunten awn lated with the Comment. One tornmenter w as regulatory alternsthes that would be as transfer donald im small In nddition, i ono rned that the Canamission
~
eHm tiro as the proposed rule while the ruhi pennits storage of this osmlooked the benefits whic h i ne hl plat ing less burden on liumwes the inf ormntion elm tronk ally. The tinal result f rom simple,inespensive-to-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
< ononen'ers ( om tudml that any beimiit offsite releaws t nd waste dNposal be
< ommenter nutml that enham mi pub 1 from the propowd rule is questionabbt lorw atded to the N1(C or the appropnate auess to mformation is an import.o
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l hev stated that spn if r regulntury Agreement State prior in hi enw (though not the only) reason for idternatives that f.hould be i onsidered terniination rm ordkeeping,in part lmtauw iniorn (b) The NRC lus evaluated the memlmru of tlw puhlle tan play a milude, but are not Hmital to.
- u. Perfann separate es alualmns for Om soc. tion to hmit the scope of ugmlicant role in ensuring that utilitt of rm]uidng retords for olisite hoenwes i os ered by the rule and has regulatory m tions are appropriate alul releaws and for wasto disposal, and reviwd the final rule and the Reguktory timely. l'his commenter urgml the making independent pulements Analpis to relb t that for in onws Commission to consider enhatu ed 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 possess unwaled soon en with long half.
.o poswss unwaled byproduct material dorunmntary infonnation from loss.
lives _
with halidis en greatar than 170 days or Hesponw!This rule requires that a Consider all records being progided unwaled soun:e matenal. hitenwes that rewnts portaining to decommissionmg to the NRC, rather than requiring use and poswss waled sourtes, or and certain mwrda pertaining to of fsite Agreement States to amintain the unsealed by product material with short releases and waste disposak be
- 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 speelfic wastes in quantities less than transler rewrd, in the esent of licens" i ognizant regulatory body prior to or equal to 1.85 kilohn querels per gram transfer, or re assignment. Final rm otds hoenw tennination, thereb protn tmg 3
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 i
Fn edom of iniormation Att puu en wnudeird possible alternatises to the NRC at the time of lu ense 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 support dw ommissioning The I,n,61ity. To provide fleubility to the reconikeeping requirements for
e I
l l ederal Regliter / Vol. 61, No. 90 i lhursday, May th, limte r Rula and Regulations NdLi Washington, DC. Single copws of the 10 CFill' art 30 reuird. Requlwnmnts los disposition ot analpin inav bu obtainod from Mary L.
11)
Di'" U"'"5"
,,ena!irodut I materird, Criminal II" '" "*""I P"laated in h s 30.51, Thomas Office of Nuclear Regulatory ties Government contracts.
termination, uro 3
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:
g[,'di',),""l'i"""n" cpi"R PART 30-RULES OF OENERAL Mt.TlifrNRC GOV nI i n,,
APPLICABILITY TO DOMESTIC Vil, Regulatory I'lesibility Certillcallon 10 CTH Port 40 LICENSING OF BYPRODUCT s
MATERIAL l
In au onlance with the Regulatory Criminal penalties, Omernment 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 948,953,954,9%, as amended.
4, 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 l
focommissioning funding assurance
. @al Jenaldes, Low level wasto, 1242, as amended. 1 :44.1246 (42 RS C I
sud on licensees who are transferring M V tunterials, Reporting and
$84L 5842,$H4GL I
a a ls i uod r,
uh "M"P H FP9uirements, Waste tjui
,"rwtment angdisposal.
their llumse to a new licensee. Those a
changes toquire the transfer of rm.ords
,,g g 3gg,,, 2002, m met n 2 A 7
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 addition, the rule requires forwarding nudedals transpodadon, Matedal sm_ tar,6a sat 955 H2 RSn 2237L 1
"""I"U "", d anounung, Nuclear
- 4. In 6 30.35, the introductory text of i
these records to the NRC at licenso termination. These records are already
- aj regraph (g)is revised to road as
,a a
a mit requirod to be maintained until the mwdWing mquirements Scientific licenw in terrnineted by the Commission, and are needed to provide equipnmnt Security measures, Special
$ 30.35 Financial assurance and nalear material recordheeping for decommissioning.
1 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 in accordame with the Small f uel.
identified location until the site is 4
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, major rule and has veriflod this the Energy Roorganization Act of 1974, licenwes shall transfer all records i
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 Omit amendments to 10 CFR Parts 20,30,40, will be responsible for maintaining 4
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 PROTECTION AGAINST RADIATION for other purpows, referem e to thew backfit rule,10 CI'R 50.109, does not apply to this final rule and, therciore,
- 1. The authority citation for Part 20 "9ords and thelt locations may be us0d.
4 Inwnnad n the Commission considers that a backfit nonlysis is,t required for continues to tour is follows:
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 to read as follows:
emt 2ms. 2 i1 t. 21312134,2201,2232, l.ist of Subjects
- w,237n, my gog,,, amended 202. W, 5 30.36 Espiration and termination of l
10 CTH Part 20 6a mac 12n as annmded, t 244.1246 H2 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 (b) The licenwo shall retain th" (f) are added to read as follows:
(
recordkoeping requirements, Special-records swiuired by paragraph (a) of this nuclear material, Source material, Waste section until the Commission terminates $ 30.51 Records.
treatment and disposal.
each pertinent license requiring the
- ~.
a W.
1m, e
s
- o, mig 1 ederst Rh;nier i
m 1
=
---,4.
.~ ~
....m..,,,..
(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 paragroh 10 is tes i+d to reaius (1) Rewrds of dispoul of !n enmi matedal made under h 20.'uo2 rewrds to tha appropriate NPC Hevonal goijou 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 L fare e
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 b 40 4 Ob) hcensees shnll iransfer all REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WAST E half life greater than 120 days,in n' records described in tids paragraph to 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 for maintaining these rewrds until the h< ense in terminated. If noords Authority Seu 5:e. u. 62, h3. 65. n s. ist 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).
I,2. In h 6 WO, paraguNi (.C n
'" 9 I"D"I
(
r r1 i em,e termination, enth to read as full ws:
reused to read as followv 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 (4) Records required hv % 40 b1(d) and g gu g
- 7. The authority citation for Part 40
( 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.
953, Us4. 9%, as amended. ed 11eut 83.
(0 are added to read as foll,ws:
$ 61.31 Termination of heense.
H4. Pub L 94404,92 Stat 3033, as nmendat' $ 40.61 Records.
(c).
1n39. sec. 234,8 i Stat 444, en amended (42 (3)That the retords required by U.S C 2014(cH2),2092,2093,2094,2095.
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 t 2 1d January 2H,1981 '),20.2003,20.2004, SPECIAL NUCLEAR MATERIAL Puk L 102-4 kb. sec 2uut 106 Stat 3123, 20.2005: and (42 U S C 5851) Section 40 31(g) ako tuved 14 The authon.ty (,tation for i, art 70 t
under sec 12L 68 St.it. 939 (42 U S C 215.n (2) Records required b) 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
' A pmious 610 304pernuned bun,d of smei or assigned in accordance with stat 929,930. 94a. usa, us4. as amended, quanunes of hi enwd neerials in el briore
% 40 4)(b), each lit ensee authonred to se' D4. 83 Stat. 4a4, e amended w.1701.
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 i
Mll trander the follow 20L n amended, ;:0L 204,206,88 Stat Ci K. pans o to 199. edmnn reused. of lanaary 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 tions 701(f.) and 70 /n,t(b) also issued C
}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 H R pans 0 to 199. edaion mined as of knuar)
(TR. pa 1s o to 1% editsim reused as oi lunaary 2232,2241 ts? U.S C 10155.101b1) Se( t 70 7 niso isnied under Pub L 95401, si 1.198L L 19 fit
.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) Sm tions 7n 36 and records until the lkenu is terminated 70 44 also tasued under pc.164,68 Stat. 954.
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 amended (42 LLS C 21381-20.2005:
18c*ntes and oecommissioning of sites and
- 15. In 5 70.25, the Introductory test of (ill Records required by
- operate buildings or outdoor areas.
aragraph (g)is revlwd to read as S 20.2103(b)(4h and (ill) Records required by 6 70.25(g).
(m) * *
- ollows (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 part shall Loep recor is of Information NUCLEAM FUEL AND Hl0H. LEVEL
$ 72.60 Other records and repcrts, important to the decomrnissioning of a RADIOACTIVE WASTE (e) Prior to license termination, the
' facility in an identified location until
- 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:
hy $$ 20.2103(b)(4) and 72,30(d) to the if records important to the ap(nrooriate NRC Regional Office.f) lilicen decommissioning of a facility are kept Authorit y: Set s. 51,53,57,62.63,65,69.
for other purposes, reference to these al.1st, tea,183,184,186,187,189.68 Stat.
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 important to decommissioning (onsists
[g"y".nd d 2,g U
2(
9 2 g the records requirvd by 65 20.2103(b)(4) and 72.30(d) to the new licenwe and ihe DI-2234, 2236,2237,2238,22a2); sec. 274. Pub L.86-373. 73 Stat. 688, as amended (4 2 new licenwe will be responsible for
maintaining these records until the added to read as follows:
na Stat.1242. as amended. 1244.1246(42 boenw is terminated.
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 at llodville, Maryland, this ist day
- 'I I 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) Records required by $ 70,51(b)(b)
Stat 133tb235 (42 U.S C 10151,10152, trR h 96-12 Hin rued 5-15-96; a 45 aml (4)
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) th)* *
- 2119L 117(a),14Uhh Pub. L 97 -425 Oh Stat.
(0) prior to license termination.
2202. 2203,2204,2222,2244.142 LLS C RIN 2120-AA64 licensees shall forward the followimt 101(M 10137(ah 10lb1(hlt Subparts K and L 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 January 2tt,19813),20.2003,20.2004, follows:
ACENcvs Federal Aviation 20.2005
$ 72.30 Financial assurance and Administration. DOT.
l (ii) Rt cords required by reewaeoping tw decwnmissioning.
ACTION: pinal rule,
$ 20.2103(b)(4); and (ill) Records required by $ 70.25(g).
(7)If licensed activities are transferred (d) Each person licensed under this
SUMMARY
t This amendment supersedes or assigned in accordance with part shall keep records of information an existing airworthiness directive (AD),
important to the decommissioning of a applicable to McDonnell Douglas Model i A preuous 6 20 304 pennmed burist of small facility in an identified location until DC-9 and DC-9-80 series airplanes.
the site is released for unrestricted use.
Model MD-88 airplanes, and C-9 O qunuues of he,, wd materials in sail bekwe
"$'oNo'n$sN2N4 rInta t$
If nr rds important to the (military) series airplanes, that currently decomml8Sloning of a facility are kept requires certain inspections and a
CFR.1mns 0 to i99. edmon entsed as of lanuary for other purposes, reference to these structural modifications. This
- i. insi.
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' usmwmfM b hp a
on uppod for e Proposal dedgn rif Hui aHm ted ainaaft. Furthig t r 1-t Ir r le r i ti r in the strurtural capahuities of the allected Ses eral < onunenters support the "In raton,ina) not le ehle to provide m.
airplanes, propowd ruh'.
depth engineering analpis, sm h as that 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)
Ifowever, the Air Transport At tion Requiremonts Document "
Onnmnnienter nquests that the i,AA Association (ATA) of Americ a has in McDonnell Douglas Report No. MDC redew aH subseqmint n visions of.
plau, a system w hereby memlu>r K1572 Revision 11. dated January 15,
"""".e buueUn6 that am n+Ierenu,d in
.993, as listed in the regulations, is op rMors are Worded b opp %nity "ls
" Al I
e i ter i ! June
.1
,ri r
Ar our The incorporation by referent e of Service Action Requirements opemtors to take advantage of this A'l.A ikw:unient," Revision II, dated January "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 K1'572, Revision A. dated June 1,1990, at ocptahihty for compliant o with the Additionally, operators have the opt, n m
as listed in the regulatlons, was n'quirements of the proposal.Thu FAA of contacting the manufacturer directly a vun. Whenever the FA A reviews to resolve such difficultws.
approved previously by the Director of and appnives a sersico dm:ument, that Request that Manufacturer Provide the Federal Register as of September 24, docurnent willindicare that it has beeri Alternative Rework Drawings to 1990 (55 FH 34704, August 24,1990).
approd by the FAA, and that if a g
ADORrssts: The service information en d an au epudde aheniauve
<ons refeninted in this AD may be obtained nu'duq 'f unnphanus for any esisting 1 he sarne commenter requests that, from Mcibnnell Douglas Corporation, 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 nnal rule in ar sud a statenu n6 (S""
action, the FAA ensure that to l'uhlitations ilusiness Administration, Com pl'am e,lr""tiV" M",3"5 "I Pf K" II " Al
manubdunn pmvide operMms u A m Department Cl-l.51 (240). This i
of SARD Res kion ll; and mu,t nmed revision ohhM n m information may be esamined at the pge 22, paragraph a "Approvahm of drawing if it haa been apprmed by the Foderal Aviation Administration (FAAl, Donnen Douglas 09 Senu."
FAA as an ahernathe method of dane Din (torate, Rules Transport Airf.ind Avenue, SW.
Huneun 53-230, Redston 1, dated compliante for the nguirements of that Ikx.ket,1601 Januaq 12,1994 Renton, Washington; or at FAA, rulemaking action.
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 iloulevard, l.alewood, 3960I 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 Angeles Aircraft Certification Offite.
buneuns, which wouhl elitninate the
"'"F "# ""'"""'N ". T he FA A\\ntMmte t safety of the product 3960 Paramount floulevard,I.akewood, need for revisions of servk e hulletins to
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California 9n7124137; telephone (110) torrect any errors in them.
"""* "P"N"e" 'to obtain nun fadumt &nm 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 Aviation Regulations (14 CFR part 39) their participation to be more timely unimiMe to au.mnplish the 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 The action proposed to supersede AD mnnufacturer, rather than atter it has drawings, those operators are reminded 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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