ML20236V124

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Forwards for Signature,Notice for Final Rule & Delegation of Authority Re Decentralization of Us Navy Nuclear Matls License
ML20236V124
Person / Time
Issue date: 09/28/1987
From: Thompson H
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20236V100 List:
References
FRN-52FR38391, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC55-2-02, AC55-2-2, NUDOCS 8712040096
Download: ML20236V124 (6)


Text

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     '                                                                                                                NMSS R/F MEMORANDUM FOR: Victor Stello, Jr.

Executive Director for Operations #f[. -IMNS'Ce6OED

                                                                                                                     -IMDB' Files
                                                                                                                                    ) i
                .                                                                                                     GDeegan       j FROM:              Hugh L. Thompson, Jr., Director                                         VMiller         -

Office of Nuclear Material Safety ard Safeguards RECunningham PGNorry i

SUBJECT:

FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY WJ01mstead I FOR THE U.S. NAVY NUCLEAR MATERIALS LICENSE DAlreby JDelMedico JPhilips l Enclosed for your signature are the final rule (to be published in the Federal VLMiller ) Register) and the Delegation of Authority pertaining to decentralization of the j U.S. Navy license on December 1, 1987. ) The subject action transfers licensing authority for one license only from ) j i Headquarters to Region II (the Navy program is administered from the Chief of l Naval Operations office in Arlington, Virginia through two Technical Centers in i Yorktown and Norfolk, Virginia). The action represents a minor administrative I amendment, i.e., a mailing address change. When we decentralized nearly all other Federal nuclear materials licenses in j 1985, we excluded the U.S. Air Force and Navy because they were in the process of consolidating their many individual licenses into one " master" license each. At that time, we announced in the Federal Register, the Daily Staff Notes and in our congressional letters our intention to decentralize these master licenses once the consolidations were made. For the U.S. Air Force, the license consoli- 1 dation was completed in 1986 and the licensing authority was delegated to Region l IV effective October 1, 1986. The U.S. Navy licenses were consolidated in March 1987, and we believe Region II will encounter no special problems with this license. This action represents a minor administrative change (revising the Navy's NRC licensing contact point). In April 1985, the EDO decentralized thoussads of other Federal licenses in a similar fashion, without an independent review by the Office of Nuclear Regulatory Research (RES), as further implementation of the NRC program to decentralize materials licensing. In 1986, you decentralized the U.S. Air Force license - again, without an independent RES review. The 1985 and 1986 rules did not represent any change in NRC's licensing philosophy. I I Neither does this rulemaking. Therefore, we have not forwarded the package I through the RES review group. Also enclosed are the Daily Staff Notes, the Delegation of Authority for EDO publication approval, three letters that will notify appropriate congressional committees, and an NMSS analysis of the rulemaking. Based on this analysis, I recommend that you approve the rulemaking, and that you sign both the Federal Register Notice and the Delegation of Authority. Original signed lif Hugh L. Thompson, Jr., Director 8712040096 870927 Office of Nuclear Material PDR Safety and Sa ards h52N38,391 VMille# GLSj WGMcDonald

Enclosures:

As stated 9/g)/87  %/g/87 9/04/87

                            *SEE PREVIOUS CONCURRENCE A    \

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1: l MEMORANDUM FOR: Victor Stello, Jr. Executive Director for Operations , FROM: Hugh L. Thompson, Jr., Director Office of Nuclear Material Safety and Safeguards

SUBJECT:

FEDERAL REGISTER NOTICE AND DELEGATION OF AUTHORITY FOR THE U.S. NAVY NUCLEAR MATERIALS LICENSE )

                                                                             /shed in the Federal Enclosed for your signature are the final: rule (to be p                                          )

Register) and the Delegation of Authority pertaining t centralization of the  !' U.S. Navy license on December 1, 1987. The subject action . transfers licensing authority f one license'only from Headquarters to Region II (the Navy program is a nistered from Yorktown andNorfolk, Virginia). The action represents . minor administrative j amendment, i.e., a mailing address change. - Wher. we decentralized r.early all other Fede nuclear materials licenses in 1985, we excluded the U.S. Air Force and y because they were in the-process of consolidating their many individual li nses into one " master" license each. At that time, we announced in the Feder . Register, the Daily Staff Notes and -! I in our congressional letters our inten@n to decentralize these master licenses l once the consolidations were made. F F the U.S. Air Force, the license consoli- i dation was completed in 1986 and the censing authority was. delegated to Region l IV effective October 1, 1986. The . Navy licenses were consolidated in March-  ! l 1987, and we believe Region II wil encounter no special problems with this license. i l This action represents a minor a inistrative change (revising the Navy's NRC l licensing contact point). In A il 1985, the EDO decentralized thousands of other Federal licenses in a si , ar fashion, without an independent review by the Office of Nuclear Regulat y Research (RES), as further implementation of- l the NRC program to decentral' e materials licensing. In 1986, you decentralized 1 the U.S. Air Force license The 1985 and 1986 rules did no f,again, without an independent RES review. represent any change in NRC's licensing philosophy. Neither does this rulemakL g. Therefore .we have not forwarded the package ' through the RES review g up. Also enclosed are the .'ily Staff Notes.,the Delegation of Authority for EDO publication approval, hree letters that will notify appropriate congressional comittees, and an NF S analysis of the rulemaking. Based on this-analysis, I recomme that you approve the rulemaking, and that you sign both the Federal Regist Notice and the Delegation of Authority. Hugh L. Thompson, Jr., Director Office of Nuclear Material' Safety and Safeguards IMAB IMNS ADM VMiller

Enclosures:

As stated / /87 GLSjoblom

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4,. '. < ME,MORANDUM FOR: Victor Stello, Jr.- . _ Executive Director for Oparations FROM: Hugh L. Thompson, Jr., Director. Office of Nuclear Material Safety and Safeguards

SUBJECT:

FEDERAL-REGISTER NOTICE AND DELEGATION OF AUTHORITY FOR THE U.S. NAVY NUCLEAR MATERIALS LICENSE e Enclosed for your signature are the final: rule (to be pub 1pshed in.the Federal Register) and the Delegation of Authority pertaining to det: centralization of the U.S. Navy license on October 1, 1987. f Dws/w 4 The subject action transfers licensing authority for o ' license only from Headquarters to Region II (the Navy program is admin ered from Yorktown andNorfolk, Virginia). The action represents a mi ' administrative amendment, i.e...a mailing address change. When we decentralized nearly all other Federal n lear materials licenses in 1985, we excluded the U.S. Air Force and Navy b ause they were in the process of consolidating their many individual license into one " master" license each. At that time, we announced in the Federal Reg: ter, the Daily Staff Notes and in our congressional letters our intention.t ' decentralize these master licenses once the consolidations were made. For the .S. Air Force, the license ~ consoli-dation was completed in 1986 and the licen ng authority was delegated to Region IV effective October 1, 1986. The U.S. N y licenses were consolidated in March 1987, and we believe Region II will encou ter no special problems with'this license. This action represents a minor administ 'tive change (revising the Navy's NRC licensingcontactpoint). In April 19 , the ED0 decentralized thousands of other Federal licenses in a similar f 'hion, without an independent review by the Office of Nuclear Regulatory Rese$rch (RES), as further implementation of the NRC program to decentralize matefials licensing. In 1986, you decentralized theU.S.AirForcelicense-again.fithoutan.independentRESreview. The 1985 and 1986 rules did not repres t any change in NRC's-licensing philosophy. Neither does this rulemaking. Th efore, we have not forwarded the package through the RES review group. Also enclosed are the Daily Sta1 Notes, the Delegation of Authority for EDO publication approval, three le .ers that will notify appropriate congressional committees, and an NMSS analy s of the rulemaking. Based on this analysis, I recommend that y approve the rulemaking', and that you sign both the Federal Register Notice nd the Delegation of Authority. Hugh L. . Thompson, Jr. , Director Office of Nuclear Material Safety and Safeguards IMAB IMNS ADM VMiller GLSjoblom WGMcDonald  !

Enclosures:

As stated / /87 / /87 / /87 DFC: IM0B  : IM0B  : IMDB  : IMNS  : OG  : hMSS : NMSS  : l

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  • 38391 Rules and Regulations r a-i w i- ym Vol. 52. No. 200 PD R.

Friday, October 16, 1987 This sechon of the FEDERAL REGISTER individual United States Navy licenses 35,3150-0130 for Part 39,3150-0020 for contains regulatory doruments having into one master" license with many Part 40, and 3150-0009 for Part 70. general wuRy and legal effect, most individual pennits. During the ust of Subjects of which are keyed to and coddied in consolidation and for a short time after the Code of Federal Regulations, which is it. Headquarters retained the regulatory 10 CFR Part 30 un 50 m pwsuant to 4 authority for the Navy licensing effort to maintain continuity. NRC l{ headquarters Ilyproduct maten.al, Government of Federal Regulations is sold by the Superintendent of Documents. has now transferred this authority to the contracts, lntergovernmentai relations, Isotopes, Nuclear materials, Penalty, Prices of new books are ksted in the appropriate Regional Office (Region II, frst FEDERAL REGISTER issue of each Atlanta, Georgia), consistent with Radiation protection Reporting and week- similar delegations which affected "'cordkeeping requirements. nearly all other Federal licenses in 1985 10 CFR Part 40 and 1980 NUCLEAR REGULATORY Accorckingly, with respect to licenses Government contracts,liazardous COMMISSION issued pursuant to to CFR Parts 30 materials-transportation, Nuclear through 35,39,40, and 70, the revisions materials, Penalty, Reporting and 10 CFR Parts 30,40' and 70 recordkeeping requirements Source to to CFR 30.6,40.5, and 70.5 require the Navy to contact the appropnate material, and Uranium. Regional Nuclear Materials Licensing for the United States Navy Regional Office, rather than NRC 10 CFR Part 70 licadquarters offices, for license AGENCY: Nuclear Regulatory applications, renewals, and revisions. l{azardous materials-transportation, Commission. Because delegations of authority to Nuclear materials, Packaging and ACTION: Final rule. the Regional Administrator are containers, Penalty Radiation" contained in NRC Manual Chapter 0128, protection Reporting and reconikeephig

SUMMARY

The NRC is amending its requirements, Scientific equipment, regulations concerning the domestic the changes to il 30.6,40.5, and 70.5 are procedural amendments only. For Security measures, Special nuclear licensing of source byproduct, and purposes of communications, the revised material, special nuclear material (collectively Under the Atomic Energy Act of1954.

sections indicate the type of licensing re erred to as nuclear materials) to authority already delegated as amended, the Energy Reorganization 8 administratively to the Regional Act of 1974, as amended, and 5 U.S.C. e t nited S at s a li n rm 552 and 553, the following amendments ficadquarters to the NRC Region 11 Admimstrator. Because these are amendments to 10 CFR Parts 30,40, and 70 are office in Atlanta, Georgia. This action is dealing with Agency practice, published as a document subject to necessary to info-m the public of this administrative change. procedure, and organization, pursuant to codification. EFFECTIVE DATE: December 1.1987. eg pf y}g( 'n of PART 30-RULES OF GENERAL FOR FURTHER INFORMATION CONTACT: Administrative Procedure Act do not APPLICABILITY TO DOMESTIC George J. Deegan. Program Analyst. apply. The amendments are effective LICENSING OF BYPRODUCT Operations Branch, Division of December 1,1987. MATERtAL Industrial and Medical Nuclear Safety. Office of Nuclear Material Safety and Environmental impact-Categorical 1.The authority citation for Part 30 Safeguards, U.S. Nuclear Regulatory Exclusion continues to read as follows: Commission, Washington, DC 20555 The NRC has determined that this Authority: Secs. et, 82.101.182.183.186, ca Telephone: (301) 427-4114. final rule is the type of action described Stat. 935. 948,953,954. 955,es amended, sec. SUPPLEMENT ARY INFORM ATION:Each in categorical exclusion 10 CFR 234. 83 Stat. 444. es amended (42 U.S.C. 2111. year since 1982 (May 27,1982: 47 FR 51.22(c)(3)(i). Accordingly, pursuant to 2112. 22(rt,2232,2233, 2236, 22821; seca. 201, 23138) ( April 14,1983; 48 FR 10030) (M ay 10 CFR 51.22(b), neither an as amended. 202, zoo, en Stat.1242. as 9.1964; 49 FR 19630) ( April 15,1985; 50 environmentalimpact statement nor an a mended.1244,1240 (42 U.S.C. 5841, 5842. Fli 14692) (October 8,1986; 51 FR 25999), environmental assessment has been 58461-the Nuclear Regulatory Commission prepared for this final rule. Section 30.7 also issued under Pub. L 95-001, sec.10,92 Stat. 2951 (42 U.S C. 58511 (NRC) published rules decentralizing most domestic licensing of nuclear Paperwork Reduct. ion Act Statement Secuon 30.34(b) also issued under sec.164, ca

                                                                                                                *     *d I4 materials. The NRC is amending its             Titis final rule does not contain a new  Sfc'tigy3g],

3 ,], ,,,,d und 187,68 s codified regulations to reflect that the or amended information collection Stat. 955 (42 U.S.C. 2237). l United States Navy license is now requirement subject to the Paperwork For the purposes of sec. 223. ca Stat. 9sa, as ' included in its decentralization program. Reduction Act of 1980 (44 U.S.C. 3501 et amended (42 U.S.C. 2273): (l 30.3. 30.34 (b) This is accomplished by amending to seq.). Existing requirements were and (c) so 41 (a) and (c). and 30.53 are issued CFR 30.6,10 CFR 40.5, and to CFR 70.5 approved by the Office of Management under sec. telb,68 Stat. 948, as amended (42 to remove the reference to the exception and Budget approval numbers 31504017 U.S.C. 22m(b)): and iI so.e,30.30,30.51,30.52 for the United States Navy, for Part 30,31504010 for Part 31,3150- 30.55, and 30.50 (b) and (c) are issued under The NRC recently consolidated 0001 for Part 32,31504015 for Part 33, sec. telo, ca Stat. 9so, as amended (42 U.S.C. 1 approximately one hundred eighty 3150-0007 for Part 34,31504010 for Part 2201(o)). l

38 d Federal Re.gister / Vcl. 52. N2. 200 / Friday. October 16, 1987 / Rulls snd Regul:tions (v) New uses or techniques for use of

2. In 6 30.6. paragraphs (b)(2)(1). (ii), amended.1244.1246 (42 U.S.C 5841. 5842.
                                                            $646); sec. 27f 92 Stat. 3021. as amended by                    byproduct, source, or special nuclear (iii). (iv) and (v) are amended by                         Pub. L 97-415. 9s Stat. 2007 (42 U.S.C. 2022). material.                                              ,

removing the phrase,With the Secti n 40s als issued under Pub.L 95- , , , , exception of the United States Navy Gol, sec.10,92 Stat. 295t (42 U.S.C 5851), riso, the introductory text of paragraph Section 40.31(a) also issued under sec.122. 68 PART 70-DOMESTIC LICENSING OF (b) and paragraph (b)(1) are revised to Stat. 939 (42 U.S.C 2152). Section 40.46 also$PECIAL NUCLEAR MATERIAL Issued under sec.184,68 Stat. 954, as re:d as follows: amended (42 U.S.C 2234). Section 40.71 also S.The authority citation for Part 70 IM Communhtlona. issued under sec.187. 68 Stat. 955 (42 U.S.C. continues to read as follows:

              *       *     *
  • 2237).
  • I For the purposes of sec. 223,68 Stat. 958, as Authority: Secs. St. 63. tel.182.183. 68 I (b) & Commission has delegated to amended (42 U.S.C. 2273): il 40.3. 40.25(d)(1)- Stat. 929. G30. 948,953. 954, as amended, sec.

tha five Regional Administrators (3). M.35(sMd). 40.41 (b) and (c). 40.46,40.51 234. 83 Stat. 444, as amended (42 U.S.C 2071. licensing authority for selected parts of u r c. 2073, 2201. 2232. 2233. 2282) secs. 201. as I its decentralized licensing program for (s, nk4o aresje amended. 202,204. 206,88 Stat.1242. as nucleat materials as described in 2201(b)): and il 40.5. 40.25(c). (d) (3), and (4), amended.1244.1245.1240 (42 U.S.C. 5841. I piragraph(b)(1)of this section. AnY 40.28(c)(2). 40.35(e) 40.42. 40.et. 40.02. 40.04. 6842.5845,5046).

                                                                                                                                                                                                           )

communication, report. or application and 40.65 are issued under sec.101o. aa Stat. Section 70.7 also issued under Pub. L 95 - covered under this licensing program 950 as amended (42 U.S.C 2201(o)). 001. sec.10. 92 Stat. 2951 (42 U.S.C. 5851).

4. In i 40.5. paragraph (b)(2) (i),(ii). - Section 70.21(g) also issued under sec.122. 08 must be submitted as specifled in paragraph (b)(2) of this section. ( ii) (iv), and (v) are amended by Stat. 939 (42 U.S.C 2152). Section 70.31 also removing the phrase. **With the issued under sec.57d. Pub.L93-ur 88 Stat.

(1)The delegated licensing program Includes authority to issue, renew, exception of the United States Navy." 475 (42 U.S.C. 2077). Sections 70.30 and 70.44 also issued under sec.184. 68 Stat. 954, as amend, cancel, modify, suspend or also, the introductory text of paragraph  ;' amended (42 U S.C. 2234). Section 70.01 also revoke licenses for nuclear materials (d) and paragraph (b)(1) are revised to issued under secs.186.187.68 Stat. 955 (42 assued pursuant to to CFR Parts 30 read as follows.' US.C 2236,2237).Section 70.62 also issued through 35,39,40, and 70 to all persons under sec.106. 68 Stat.939, as amended (42 for academic, medical, and industrial l 40.5 Communications, U.S.C 2138).

                                                                          .       .       .      .                                                                            88 S t        as             t uses, with the following exceptions:

d to Fo he

                                                                                                                               ,,nde                   Qose      ,            9,       9          j (i) Activities in the fuel cycle and                      (b)The Commission special nuc! car matenal in, quantities ,

the five Regionalistrators Admm,has delegate 70.21(c). 70.22(a), (b). (dHk). 70.24(a) and (b). i i licensing authority for selected parts of 70.32(a)(3), (5). (6), (d), and (l). 70.36, 70.39(b) ' sufficient to constitut,e a entical mass tn its decentralized licensing program for and (c). 70.41(a). 70.42(a) and (c). 70.50. j any room or area."Itts exception does yo.57(b) (c). and (d). 70.58(s)-(g)(3). and (h)-(i) not apply to hcense modifications nuclear materials as described in } are issued under sec.181b. 08 Stat. 948. as relating to termination of special nuclear paragraph (b)(1) of this section. Any amended (42 US.C 2201(b)); Il 70.7. { communication report, or application materiallicenses that authorize 70.20ata). and (d) 70.20b(c) and (el. 70.21(c). y  ; i possession of larger quantities when the covered under this licensing program 70.24tb). 70.32(s)(6). (c). (d). (e). and (g) 70.36. l must be submitted as specified in 70.51(c)-(g). 70.58. 7tS7(b). and (d). and l case is referred for action from NRC's fleadquarters to the Regional paragraph (b)(2)of this section. 70.5a(aMg)(3) and (b)-(i) are issued under g

                                                                                                                                                      '                            ('

Administrators. (1)The delegatedlicensing program (ii)liealth and safety design review of includes authority to issue, renew, amend, cancel. modify, suspend, or h [dIl 70 d 70.51(b) and (i). 70.52. 70.53. 70.54. 70.55. d (e). 7 I l sealed sources and devices and 70.58(g)(4). (k). and (1). 70.59, and 70.co(b) and approval, for licensing purposes, of revoke licenses for nuclear materials (c) are issued under sec.181o. 68 Stat. 950, as j i issued pursuant to 10 CFR Parts 30 j scaled sources and devices. amended (42 US.C 2201(o)). (iii) Processing of source material for through 35. 39,40, and 70 for academic, medical, and industral to all persons i extracting of metallic compounds 6. In i 70.5, paragraphs (b)(2) (i). (ii). 3 uses, with the following exceptions: (iii),(iv). and (v) are amended by 4 (including Zirconium llafnium, (i) Activities In the fuel cycle and j Tantalum. Titanium. Niobium, etc.). removing the phrase With the (iv) Distribution of products special nuclear material in quantities exception of the United States Navy.,, ,l sufficient to constitute a critical mass in also, the introductory text of paragraph j containing radioactive material to ,3 persons exempt pursuant 10 CFR 32.11 any room or area.This exception does (b) and paragraph (b)(1) are revised to through 32.20. not apply to license modifications read as follows:  ! (v) New uses or techniques for use of relating to termination of special nuclear byproducts, source, or special nuclear materiallicenses that authorize i 70.5 communications.

                                                                                                                                                                                                  .d possession of larger quantities when the                        ,

f material. y

          *        *      *     *
  • case is referred for action from NRC's (b) The Commission has delegated to lleadquarters to the Regional the five Regional Administrators s Administrators. licensing authority for selected parts of g PART 40-DOMESTIC LICENSING OF (ii) IIcalth and safety design review of its decentralized licensing program for j SOURCE MATERIAL sealed sources and devices and a nuclear materials as described in 3.The authority citation for Part 40 approval, for licensing purposes, of paragraph (b)(1) of this section. Any (

continues to read as follows: scaled sources and devices. communication, report, or application Authority: Secs. 62. 63. 64. 65. 81,101.182. (iii) Processing of source material for covered under this licensing program e - 183, too,68 Stat.932.933,935.948,953.954. extracting of metallic compounds must be submitted ae specified in & 955, as amended. secs.11e(2). 83. 84. Pub. L (including Zirconlum, fiafnium, paragraph (b)(2) of this section. p 95404. 92 Stat. 3033, as amended. 3039. sec. Tantalum. Titanium. Niobium etc.). . (1) The delegated licensing program

                                          .2 5 21 1 2113.

(iv) Distribution of products includes authority to issue, renew.

                                                                                                                                      ,                                                           p}

4 )(2) 3. containing radioactive matenal to 2114. 2201. 2232,2236,2282); sec. 274. Pub. L amend, cancel. modify, suspend or y 86-373. 73 Stat. 688 (42 US C 2021). secs. 201, persons exempt pursuant to CFR 32.11 revoke licenses for nuclear materials W through 32.20. 7 a s amended. 202. 206. 88 Stat.1242, a s

                                                                                                                                                                                                    ?.

k i f x

Fzder-1 Regist:r / Vol. 52 No. 200 / Friday. Octob:r 16, 1987 / Ruhs end R2gulztions 38393 issued pursuant to to CFR Parts 30 0 Arts: Effective date: November to, requires inspection of NLG forks per through 35. 39,40, and 70 to all persons 1987. COMPlJANCE: As prescribed in Beech Service Bulletin No. 2102 for academic, medical, and industrial the body of the AD. RevisionI, dated April.1987.If a crack uses, with the following exceptions: ADDRESSES: Beech Service Bulletin No. along the edge of the weld is found to (i) Activities in the fuel cycle and 2102, Revision I, dated April 1987, exceed 0.75 inch length, the NLG fork special nuclear material in quantities applicable to this AD may be obtained must be replaced with a serviceable part sufficient to constitute a critical mass in from Beech Aircraft Corporation, prior to further flight. any room or area.This exception does Commercial Service. Department 52, not apply to license modifications Interested persons have been afforded P.O. Box 85. Wichita, Kansas 67201-an opportunity to comment on the relating to termination of special nuclear 0085; telephone 310-G81-7279.This matenallicenses that authorize proposal.Only one comment was information may be examined at the possession oflarger quantities when the Rules Docket, Office of the Regional received.The commenter concurred case is referred for action from NRC's with the proposed rule, with one Counsel. Attention: Rules Docket No. Ileadquarters to the Regional 87-CE-15-AD, Room 1558,601 East 12th eptio" Administrators. Street, Kansas City. Missouri O4100. {p g ed gu n (ii)IIcalth and safety design review of roA FURTHER INFORMATION CONTACT: assemblies should be made available by scaled sources and devices and Mr. Don Campbell. Aerospace Engineer, the manufacturer within a reasonable approval, for licensing purposes, of Airframe Branch ACFr-120W. Wichita time.The FAA agrees, and is confident scaled sources and devices. Aircraft Certification Office.1801 that such replacement parts wd. l be (iii) Processing of source material for Airport Road. Room 100. Wichita, avallable in due course. Accordingly, extracting of metallic compounds Kansas 67209; telephone 31G-946-4409. the proposal is adopted without change. [ including Zirconium,llafnium. SUPPt.EMENTARY INFORM ATION:A e as Mednd eat is Tantalum Titanium, Niobium, etc.). l proposal to amend Part 39 of the Federal regulation only involves 4200 airplanes (iv) Distribution of products Aviation Regulations to include an AD at an approximate total cost of $2250 for containing radioactive material to requiring repetitive inspections for each airplane, or a total flect cost of j persons exempt pursuant to 10 CFR fatigue cracking of the nose landing gear $9.450.000.The total cost of this j 32.11 through 32.26. (NLG) fork around the edge of the weld inspection is less than the threshold for l (v) New uses or techniques for use of on certain Beech 65. 70,80,90,99.100, a significant economic impact.  ! byproduct, source, or special nuclear 200. 300 and 1900 Series airplanes was Therefore. I certify that this action (1) material. published in the Federal Register on l is not a major rule under the provisions

             *        *   *
  • June 5,1987 (52 FR 21312). The proposal of Executive Order 12291,(21is not a Dated at Bethesda, MD, this 5th day of resulted from the receipt of an increased significant rule under DOT Regulatory October 1987. number of reports of cracks developing policies and Procedures (44 rR 11034; For the Nuclear Regulatory Commission. In the nose landing gear (NLG) fork February 28,1979) and (3) will not have Victor Stello, Jr., around the edge of the weld on Beech a significant economic impact on a f secutive Directorfor opemtions. 00,100,200 and 300 airplanes. In substantial number of small entities Febniary 1985, the NLG fork bmke on a (FR Doc. 87-24050 Fiied 10-1!M7: 8:45 am] under the criteria of the Regulatory o(una cooc rsmi-u 14 del 200 during groun,d roll, causing Flexibilty Act. A copy of the final severe damage to the airplane. All the evaluation prepared for this action is Beech airplanes in the heavy twin , . contained in the regulatory docket. A senes utilize the same NLG design. This L'EPARTMENT OF TRANSPORTATION design uses a welded fork assembly copy of it may be obtam.ed by contacting which connects the lower strut to the the Ruks Docket at the location Federal Aviation Administration pmvided under the caption axle.The fork is a curved tube which is welded to a collar, which is press-fitted ADoRESSES .

14 CFR Part 39 on the strut tube. In July 1986, Beech List of Subjects in 14 CFR Part 39 IDocket No. 87-CE-tS-AD; Amdt. 39-57481 issued Service Bulletin No. 2102, of which Part !! pertains to cracking of the Air transportation. Aviatm, n safety. Airworthiness Directives; Beech 65,70, NLG fork. Part 1 of the Bulletin pertains Aircraft, Safety.

60. 90,93,100,200,300 and 1900 to slippage of the joint where the fork Series Alrpianes collar is pressed onto the strut tube. Adoption of the Amendment Beech has issued Revision I to Service Accordingly, pursuant to the authority AcENCY: Federal Aviation Bulletin No. 2102, dated April 1987, delegated to me by the Administrator.

Administration (FA A). DOT. which eliminates the time period before the Federal Aviation Administration ACTION: Final rule, initial inspcCtion, expands the serial amends i 39.13 of Part 39 of the FAR as number affectivity, and reduces the follows: S UMfA ARY:This amendment adopts a allowable crack length from 1.25 inch to new Airworthiness Directive (AD). 0.75 inch. Beech is also developing an PART 39--{ AMENDEDI applicable to Beech 65. 70. 80,90,99,100, improved NLC fork which will be more 200. 300 and 1900 Series airplanes, fatigue resistant.The improved forks 1. The authority citation for Part 39 which requires repetitive inspections of will not be available in quantity for continues to read as follows: the nose landing gear fork assembly to quite some time, so inspections per the Authority:49 U.S.C.1354(a),1421 and 1423, detect fatigue cracking. Reports have revised bulletin must be relied on to 43 U.S C. loo (g) (Revised. Pub. L 97-419. been received of cracks developing in ensure safety in the interim period. lanuary 12,1983); and 14 CFR 11.89. the nose landing gear fork around the Since the condition desenbed is likely cdge of the weld. The inspection to exist or develop in other Beech os. 70, 6 39.13 lAmendedi 6pecified in this action will detect 80. 90,99,100, 200. 300 and 1900 Series 2. By adding the following new AD: ciitical cracks prior to failure. uirplanes of the same design, the AD}}