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Federal Register / Vol. 71, No.

223 / Monday, November 20, 2006 / Proposed Rules 67073

electronically via the NRC rulemaking provides that this EIS supplement the exit diffuser air seal lands. That AD
Web site at http://ruleforum.llnl.gov. NRC’s baseline, generic EIS issued in currently requires replacing the HPC
Publicly available documents created 1996, NUREG–1437, ‘‘Generic exit inner and outer brush seal packs
or received at the NRC after November Environmental Impact Statement for with new brush seal packs, or replacing
1, 1999, are available electronically at License Renewal of Nuclear Plants’’ the HPC exit brush seal assembly with
the NRC’s Electronic Reading Room at (May 1996)(GEIS). a new HPC exit brush seal assembly.
http://www.nrc.gov/reading-rm/ This proposed AD would require
Petitioner’s Request
adams.html. From this site, the public replacing the HPC exit inner and outer
can gain entry into the NRC’s The petitioner requests that the NRC brush seal packs with new brush seal
Agencywide Document Access and prepare a rulemaking that would require packs, using either original equipment
Management System (ADAMS), which that the NRC reconcile its GEIS for manufactured (OEM) parts, or FAA-
provides text and image files of NRC’s nuclear power plant operating license approved part manufacturer approval
public documents. If you do not have renewal applications with the National (PMA) equivalent parts. This proposed
access to ADAMS or if there are Academy of Sciences (NAS) Health AD would also apply to engines
problems in accessing the documents Risks From Exposure to Low Levels of reassembled with a PMA equivalent
located in ADAMS, contact the PDR Ionizing Radiation: BEIR VII, Phase 2 HPC exit inner and/or outer brush seal
Reference staff at 1–800–397–4209, 301– which was released in 2005. The packs. This proposed AD results from a
415–4737 or by e-mail to pdr@nrc.gov. petitioner asserts that the GEIS relies request to include PMA equivalent HPC
A copy of the petition can be found upon an earlier NAS report, the BEIR V, exit inner and outer brush seal packs
in ADAMS under accession number with was released in 1990. According to and to include the engines with PMA
ML061770056. A paper copy of the the NAS Web site, the BEIR VII updates equivalent parts already installed, in the
petition may be obtained by contacting the information contained in the BEIR V AD. We are proposing this AD to
Betty Golden, Office of Administration, and draws upon new data in both prevent uncontained engine failure,
Nuclear Regulatory Commission, epidemiologic and experimental damage to the airplane, and injury to
Washington DC 20555–0001, telephone research. passengers.
301–415–6863, toll-free 1–800–368– The petitioner requests that NRC
DATES: We must receive any comments
5642, or by e-mail bkg2@nrc.gov. consider the NAS BEIR VII report as
new and significant information and on this proposed AD by January 19,
FOR FURTHER INFORMATION CONTACT: 2007.
Michael T. Lesar, Chief, Rulemaking, recalculate certain conclusions set forth
in the GEIS, including early fatalities, ADDRESSES: Use one of the following
Directives and Editing Branch, Division
latent fatalities and any injury addresses to comment on this proposed
of Administrative Services, Office of
projections based on this information. AD.
Administration, U.S. Nuclear Regulatory • DOT Docket Web site: Go to http://
Commission, Washington, DC 20555– Dated at Rockville, Maryland, this 14th day
of November 2006. dms.dot.gov and follow the instructions
0001, telephone: 301–415–7163 or toll- for sending your comments
free: 1–800–368–5642. For the Nuclear Regulatory Commission.
electronically.
SUPPLEMENTARY INFORMATION: Annette L. Vietti-Cook, • Government-wide rulemaking Web
Secretary of the Commission. site: Go to http://www.regulations.gov
Background
[FR Doc. E6–19568 Filed 11–17–06; 8:45 am] and follow the instructions for sending
Entergy Nuclear Operations, Inc. BILLING CODE 7590–01–P your comments electronically.
(Entergy) submitted an application for • Mail: Docket Management Facility;
renewal of Operating License No. DPR– U.S. Department of Transportation, 400
28 for an additional 20 years of DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Nassif Building,
operation at the Vermont Yankee Room PL–401, Washington, DC 20590–
Nuclear Power Station (VYNPS). The Federal Aviation Administration 0001.
VYNPS is located in the town of • Fax: (202) 493–2251.
Vernon, Vermont, in Windham County 14 CFR Part 39 • Hand Delivery: Room PL–401 on
on the west shore of the Connecticut the plaza level of the Nassif Building,
[Docket No. FAA–2006–24034; Directorate
River immediately upstream of the 400 Seventh Street, SW., Washington,
Identifier 2006–NE–05–AD]
Vernon Hydroelectric Station. The DC, between 9 a.m. and 5 p.m., Monday
operating license for VYNPS expires on RIN 2120–AA64 through Friday, except Federal holidays.
March 21, 2012. A notice of receipt and Contact Pratt & Whitney, 400 Main
availability of the application, which Airworthiness Directives; Pratt & St., East Hartford, CT 06108; telephone
included the environmental report, was Whitney PW4077D, PW4084D, PW4090, (860) 565–8770; fax (860) 565–4503 for
published in the Federal Register on and PW4090–3 Turbofan Engines the service information identified in this
February 6, 2006 (71 FR 6102). AGENCY: Federal Aviation proposed AD.
Subsequently, the NRC published a Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT:
‘‘Notice of Intent to Prepare an Transportation (DOT). Antonio Cancelliere, Aerospace
Environmental Impact Statement and ACTION: Notice of proposed rulemaking Engineer, Engine Certification Office,
Conduct Scoping Process’’ on April 21, (NPRM). FAA, Engine and Propeller Directorate,
2006 (71 FR 20733). The NRC will 12 New England Executive Park,
prepare an EIS related to the review of SUMMARY: The FAA proposes to Burlington, MA 01803–5213; telephone
the license renewal application. supersede an existing airworthiness (781) 238–7751; fax (781) 238–7199.
sroberts on PROD1PC70 with PROPOSALS

The applicable NRC regulation, 10 directive (AD) for Pratt & Whitney SUPPLEMENTARY INFORMATION:
CFR 51.95(c), required that the NRC, in PW4077D, PW4084D, PW4090, and
determining whether to grant a renewal PW4090–3 turbofan engines that were Comments Invited
of a nuclear power plant operating reassembled with previously used high We invite you to send any written
license, prepare an environmental pressure compressor (HPC) exit brush relevant data, views, or arguments
impact statement (EIS). The regulation seal packs and new or refurbished HPC regarding this proposal. Send your

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67074 Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Proposed Rules

comments to an address listed under equivalent parts to be included in the We are issuing this rulemaking under
ADDRESSES. Include ‘‘Docket No. FAA– AD. We agree. The proposed AD now the authority described in subtitle VII,
2006–24034; Directorate Identifier also applies to engines reassembled part A, subpart III, section 44701,
2006–NE–05–AD’’ in the subject line of with PMA equivalent HPC exit inner ‘‘General requirements.’’ Under that
your comments. We specifically invite and/or outer brush seal packs installed, section, Congress charges the FAA with
comments on the overall regulatory, and allows installation of PMA promoting safe flight of civil aircraft in
economic, environmental, and energy equivalent HPC exit inner and outer air commerce by prescribing regulations
aspects of the proposed AD. We will brush seal packs for compliance to the for practices, methods, and procedures
consider all comments received by the requirements of the AD. the Administrator finds necessary for
closing date and may amend the Also since AD 2006–17–08 was safety in air commerce. This regulation
proposed AD in light of those issued, we determined that the is within the scope of that authority
comments. requirement in paragraph (g) of that AD, because it addresses an unsafe condition
We will post all comments we of replacing the HPC exit brush seal that is likely to exist or develop on
receive, without change, to http:// assembly with a new HPC exit brush products identified in this rulemaking
dms.dot.gov, including any personal seal assembly, is an option for the action.
information you provide. We will also operators to demonstrate compliance to
post a report summarizing each Regulatory Findings
this proposed AD. Replacing the HPC
substantive verbal contact with FAA exit inner and outer brush seal packs We have determined that this
personnel concerning this proposed AD. instead, is expected to be more proposed AD would not have federalism
Using the search function of the DMS economical for operators. implications under Executive Order
Web site, anyone can find and read the 13132. This proposed AD would not
comments in any of our dockets, FAA’s Determination and Requirements have a substantial direct effect on the
including the name of the individual of the Proposed AD States, on the relationship between the
who sent the comment (or signed the We have evaluated all pertinent national Government and the States, or
comment on behalf of an association, information and identified an unsafe on the distribution of power and
business, labor union, etc.). You may condition that is likely to exist or responsibilities among the various
review the DOT’s complete Privacy Act develop on other products of this same levels of government.
Statement in the Federal Register type design. For that reason, we are For the reasons discussed above, I
published on April 11, 2000 (65 FR proposing this AD, which would require certify that the proposed regulation:
19477–78) or you may visit http:// replacing the OEM or PMA equivalent 1. Is not a ‘‘significant regulatory
dms.dot.gov. HPC exit inner and outer brush seal action’’ under Executive Order 12866;
Examining the AD Docket packs, with OEM or PMA equivalent 2. Is not a ‘‘significant rule’’ under the
new brush seal packs. Instructions on DOT Regulatory Policies and Procedures
You may examine the docket that (44 FR 11034, February 26, 1979); and
replacing these parts can be found in
contains the proposal, any comments 3. Would not have a significant
Pratt & Whitney Service Bulletin No.
received and any final disposition in economic impact, positive or negative,
PW4G–112–A72–280, Revision 2, or
person at the DMS Docket Office on a substantial number of small entities
Engine Overhaul Manual.
between 9 a.m. and 5 p.m., Monday under the criteria of the Regulatory
through Friday, except Federal holidays. Interim Action Flexibility Act.
The Docket Office (telephone (800) 647– We prepared a regulatory evaluation
5227) is located on the plaza level of the These actions are interim actions and
we may take further rulemaking actions of the estimated costs to comply with
Department of Transportation Nassif this proposed AD. See the ADDRESSES
Building at the street address stated in in the future.
section for a location to examine the
ADDRESSES. Comments will be available Costs of Compliance regulatory evaluation.
in the AD docket shortly after the DMS
receives them. We estimate that this proposed AD List of Subjects in 14 CFR Part 39
would affect 76 Pratt & Whitney
Discussion PW4077D, PW4084D, PW4090, and Air transportation, Aircraft, Aviation
PW4090–3 turbofan engines installed on safety, Safety.
On August 14, 2006, the FAA issued
AD 2006–17–08, Amendment 39–14729 airplanes of U.S. registry. We also The Proposed Amendment
(71 FR 49335, August 23, 2006). That estimate that it would take about 9
Under the authority delegated to me
AD requires replacing the HPC exit work-hours per engine to perform the
by the Administrator, the Federal
inner and outer brush seal packs with proposed parts replacement, and that
Aviation Administration proposes to
new brush seal packs, or replacing the the average labor rate is $80 per work-
amend 14 CFR part 39 as follows:
HPC exit brush seal assembly with a hour. Required parts would cost about
new HPC exit brush seal assembly. That $99,990 per engine. Based on these PART 39—AIRWORTHINESS
AD was the result of a report of oil figures, we estimate the total cost of the DIRECTIVES
leaking into the high pressure turbine proposed AD to U.S. operators to be
(HPT) interstage cavity and igniting, $7,653,950. 1. The authority citation for part 39
leading to an engine case penetration continues to read as follows:
Authority for This Rulemaking
and engine in-flight shutdown. That Authority: 49 U.S.C. 106(g), 40113, 44701.
condition, if not corrected, could result Title 49 of the United States Code
in uncontained engine failure, damage specifies the FAA’s authority to issue § 39.13 [Amended]
sroberts on PROD1PC70 with PROPOSALS

to the airplane, and injury to passengers. rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by
section 106, describes the authority of removing Amendment 39–14729 (71 FR
Actions Since AD 2006–17–08 Was the FAA Administrator. Subtitle VII, 49335, August 23, 2006) and by adding
Issued Aviation Programs, describes in more a new airworthiness directive,
Since AD 2006–17–08 was issued, an detail the scope of the Agency’s Amendment 39–XXXXX, to read as
air carrier requested the use of PMA authority. follows:

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Federal Register / Vol. 71, No. 223 / Monday, November 20, 2006 / Proposed Rules 67075

Pratt & Whitney: Docket No. FAA–2006– October 2, 2006, also pertains to the subject Seventh Street, SW., Nassif Building,
24034; Directorate Identifier 2006–NE– of this AD. Room PL–401, Washington, DC 20590.
05–AD. • Fax: (202) 493–2251.
Issued in Burlington, Massachusetts, on
Comments Due Date November 14, 2006. • Hand Delivery: Room PL–401 on
(a) The Federal Aviation Administration Mark Rumizen, the plaza level of the Nassif Building,
(FAA) must receive comments on this Acting Manager, Engine and Propeller 400 Seventh Street, SW., Washington,
airworthiness directive (AD) action by Directorate, Aircraft Certification Service. DC, between 9 a.m. and 5 p.m., Monday
January 19, 2007. [FR Doc. E6–19536 Filed 11–17–06; 8:45 am] through Friday, except Federal holidays.
Affected ADs BILLING CODE 4910–13–P
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
(b) This AD supersedes AD 2006–17–08,
Amendment 39–14729.
343–CEP 12.225, Sao Jose dos Campos–
DEPARTMENT OF TRANSPORTATION SP, Brazil, for service information
Applicability identified in this proposed AD.
(c) This AD applies to Pratt & Whitney Federal Aviation Administration FOR FURTHER INFORMATION CONTACT:
PW4077D, PW4084D, PW4090, and Todd Thompson, Aerospace Engineer,
PW4090–3 turbofan engines that were: 14 CFR Part 39 International Branch, ANM–116, FAA,
(1) Reassembled with a previously used
original equipment manufacturer (OEM) or Transport Airplane Directorate, 1601
[Docket No. FAA–2006–26356; Directorate
part manufacturer approval (PMA) equivalent Identifier 2006–NM–166–AD] Lind Avenue, SW., Renton, Washington
high pressure compressor (HPC) exit inner 98057–3356; telephone (425) 227–1175;
brush seal pack; and RIN 2120–AA64 fax (425) 227–1149.
(2) Reassembled with a new or refurbished SUPPLEMENTARY INFORMATION:
OEM or PMA equivalent HPC exit diffuser air Airworthiness Directives; Empresa
seal inner land. Brasileira de Aeronautica S.A. Comments Invited
(d) These engines are installed on, but not (EMBRAER) Model ERJ 170 and ERJ
limited to, Boeing 777 airplanes. We invite you to submit any relevant
190 Airplanes written data, views, or arguments
Unsafe Condition regarding this proposed AD. Send your
AGENCY: Federal Aviation
(e) This AD results from a request to
Administration (FAA), Department of comments to an address listed in the
include PMA equivalent HPC exit inner and ADDRESSES section. Include the docket
outer brush seal packs and to include the Transportation (DOT).
number ‘‘FAA–2006–26356; Directorate
engines with PMA equivalent parts already ACTION: Notice of proposed rulemaking
Identifier 2006–NM–166–AD’’ at the
installed, in the AD. We are issuing this AD (NPRM). beginning of your comments. We
to prevent uncontained engine failure,
damage to the airplane, and injury to SUMMARY: The FAA proposes to adopt a specifically invite comments on the
passengers. new airworthiness directive (AD) for all overall regulatory, economic,
EMBRAER Model ERJ 170 and ERJ 190 environmental, and energy aspects of
Compliance
airplanes. This proposed AD would the proposed AD. We will consider all
(f) You are responsible for having the comments received by the closing date
actions required by this AD performed at the require repetitive detailed inspections
for blockage of the pitot drain holes of and may amend the proposed AD in
following compliance times, unless the
actions have already been done. certain air data smart probes (ADSPs), light of those comments.
(g) Replace the HPC exit inner and outer removing accumulated moisture from We will post all comments we
brush seal packs with OEM or FAA-approved the pneumatic passages of the ADSPs, receive, without change, to http://
PMA equivalent new HPC exit inner and related investigative actions, and dms.dot.gov, including any personal
outer brush seal packs as follows: corrective actions if necessary. This information you provide. We will also
(1) By 3,000 cycles-in-service (CIS) since a proposed AD results from reports of post a report summarizing each
used HPC exit inner brush seal pack and a substantive verbal contact with FAA
new or refurbished HPC exit diffuser air seal
erroneous air speed indications caused
by blockage of the pitot sensors due to personnel concerning this proposed AD.
land were installed in the engine, or by Using the search function of that Web
March 31, 2007, whichever occurs later; freezing of accumulated moisture in the
however ADSP pneumatic passages. We are site, anyone can find and read the
(2) If on March 31, 2007, the used HPC exit proposing this AD to prevent an comments in any of our dockets,
inner brush seal pack coupled with a new or erroneous air speed indication, which including the name of the individual
refurbished HPC exit diffuser air seal inner could reduce flightcrew ability to who sent the comment (or signed the
land assembly has not accumulated 3,000 control the airplane. comment on behalf of an association,
CIS, then by 3,000 CIS, or December 31, business, labor union, etc.). You may
2008, whichever occurs first. DATES: We must receive comments on
review the DOT’s complete Privacy Act
(h) Information on replacing HPC exit this proposed AD by December 20,
Statement in the Federal Register
inner and outer brush seal packs can be 2006.
published on April 11, 2000 (65 FR
found in the Pratt & Whitney Alert Service ADDRESSES: Use one of the following
Bulletin No. PW4G–112–A72–280, Revision
19477–78), or you may visit http://
2, dated October 2, 2006, and in the engine
addresses to submit comments on this dms.dot.gov.
overhaul manual. proposed AD.
• DOT Docket Web site: Go to http:// Examining the Docket
Alternative Methods of Compliance dms.dot.gov and follow the instructions You may examine the AD docket on
(i) The Manager, Engine Certification for sending your comments the Internet at http://dms.dot.gov, or in
Office, has the authority to approve electronically. person at the Docket Management
sroberts on PROD1PC70 with PROPOSALS

alternative methods of compliance for this • Government-wide rulemaking Web Facility office between 9 a.m. and 5
AD if requested using the procedures found site: Go to http://www.regulations.gov p.m., Monday through Friday, except
in 14 CFR 39.19.
and follow the instructions for sending Federal holidays. The Docket
Related Information your comments electronically. Management Facility office (telephone
(j) Pratt & Whitney Alert Service Bulletin • Mail: Docket Management Facility, (800) 647–5227) is located on the plaza
No. PW4G–112–A72–280, Revision 2, dated U.S. Department of Transportation, 400 level of the Nassif Building at the DOT

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