61144 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 

restrictions in 18 U.S.C. 207(c)(1) as a 

result of the amendment to 18 U.S.C. 

207(c)(2)(A)(ii). 

On January 6, 2004, OPM issued a 

memorandum providing additional 

guidance on the new salary-based 

threshold for determining the 

applicability of certain postemployment conflict-of-interest 

restrictions to SES members. (See 

‘‘Notification of Changes in PostEmployment Restrictions Coverage for 

Members of the Senior Executive 

Service (SES)’’ at http://www.opm.gov/

oca/compmemo/2004/2004-01.asp.) In 

that memorandum, OPM encouraged 

agencies to identify and notify those 

SES members who would be covered by 

the post-employment restrictions as of 

January 11, 2004. We also provided 

written sample notices that agencies 

could use to notify their employees. 

In these interim regulations, we have 

added a new 5 CFR part 730, which 

requires agencies to provide written 

notice to affected employees before, or 

as part of, any action that affects the 

employee’s coverage under 18 U.S.C. 

207(c)(1), including when employment 

or service in a covered position is 

terminated. A copy of the written notice 

must be provided simultaneously to the 

Designated Agency Ethics Official (or a 

delegate) for the agency involved. The 

notices are to be retained for the 

particular individual as part of the OGE/

GOVT–1 Governmentwide System of 

Records. (See 68 FR 3098 (January 22, 

2003) (Privacy Act system notice).) 

However, post-employment restrictions 

apply to covered employees whether or 

not they receive a written notice from 

their agencies. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities 

because they will apply only to Federal 

agencies and employees. 

Waiver of Notice of Proposed 

Rulemaking 

Pursuant to sections 553(b)(3)(B) and 

(d)(3), of title 5, United States Code, I 

find that good cause exists for waiving 

the general notice of proposed 

rulemaking and for making this rule 

effective in less than 30 days. These 

regulations implement section 1125(b) 

of Public Law 108–136, which requires 

OPM, in consultation with the Attorney 

General and the Office of Government 

Ethics, to promulgate regulations no 

later than 180 days after the law’s 

effective date (by May 24, 2004). The 

waiver of the two requirements in 

sections 553(b)(3)(B) and (d)(3) is 

necessary in order for OPM to comply 

with the law by consulting with the 

designated officials and promulgating 

regulations by the deadline imposed by 

Congress. 

E.O. 12866, Regulatory Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with E.O. 12866.

List of Subjects in 5 CFR Part 730 

Government employees.

Office of Personnel Management. 

Kay Coles James, 

Director.

■ Accordingly, OPM is adding a new 

part 730 to read as follows:

PART 730—NOTIFICATION OF POSTEMPLOYMENT RESTRICTIONS

Sec. 

730.101 Purpose. 

730.102 Definitions. 

730.103 Coverage. 

730.104 Notification. 

730.105 Savings provision.

Authority: 5 U.S.C. 7302 and sec. 1125(b) 

of the National Defense Authorization Act for 

FY 2004, Pub. L. 108–136, 117 Stat. 1392.

§ 730.101 Purpose. 

This part implements 5 U.S.C. 7302, 

which requires agencies to provide 

written notice to senior executives and 

other individuals covered by 18 U.S.C. 

207(c)(2)(A)(ii) that they are subject to 

certain post-employment conflict-ofinterest restrictions in 18 U.S.C. 207(c).

§ 730.102 Definitions. 

Agency means an Executive agency as 

defined in 5 U.S.C. 105, but does not 

include the General Accounting Office. 

Senior executive means a member of 

the Senior Executive Service (SES).

§ 730.103 Coverage. 

(a) The following individuals are 

subject to the post-employment conflictof-interest restrictions in 18 U.S.C. 

207(c), as amended by section 

1125(b)(1) of the National Defense 

Authorization Act for FY 2004: 

(1) Any individual, including a senior 

executive, who is paid at a rate of basic 

pay equal to or greater than 86.5 percent 

of the rate for level II of the Executive 

Schedule; and 

(2) Any individual, including a senior 

executive, who as of November 23, 

2003, was paid at a rate of basic pay, 

exclusive of any locality-based 

comparability payments under 5 U.S.C. 

5304, equal to or greater than the rate of 

basic pay for level 5 of the Senior 

Executive Service on that date (i.e., 

$134,000). These employees are subject 

to the post-employment restrictions 

through November 24, 2005, without 

regard to any subsequent changes in 

position or pay. 

(b) Nothing in this part affects 

individuals serving in positions 

described in 18 U.S.C. 207(c)(2)(A)(i), 

(iii), (iv), or (v).

§ 730.104 Notification. 

(a) Agencies must provide written 

notification to senior executives and 

other individuals covered by the 

amendment to 18 U.S.C. 207(c)(2)(A)(ii) 

that they are subject to the postemployment conflict-of-interest 

restrictions in 18 U.S.C. 207, before, or 

as part of, any personnel action that 

affects the employee’s coverage under 

18 U.S.C. 207(c)(1), including when 

employment or service in a covered 

position is terminated. A copy of the 

written notice must be provided 

simultaneously to the Designated 

Agency Ethics Official (or his or her 

delegate). The written notice must 

include information on the applicable 

penalties or injunctions that may be 

imposed under 18 U.S.C. 216(a), (b), and 

(c) for violations of the postemployment restrictions in 18 U.S.C. 

207(c). The notice also must indicate 

that employees covered by 18 U.S.C. 

207(c) are subject to 18 U.S.C. 207(f), 

which imposes additional postemployment restrictions on 

representing, aiding, or advising certain 

foreign entities. 

(b) Notwithstanding paragraph (a) of 

this section, the post-employment 

restrictions in 18 U.S.C. 207(c) apply to 

covered employees without regard to 

whether they receive written notice 

from their employing agency.

§ 730.105 Savings provision. 

Any post-employment restrictions 

established under 18 U.S.C. 207 and 

applicable prior to the first day of the 

first pay period beginning on or after 

January 1, 2004, remain in effect.

[FR Doc. 04–23194 Filed 10–14–04; 8:45 am] 

BILLING CODE 6325–39–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NE–68–AD; Amendment 

39–13825; AD 2004–21–04] 

RIN 2120–AA64 

Airworthiness Directives; Becker 

Flugfunkwerk GmbH AR 4201 VHF AM 

Transceivers

AGENCY: Federal Aviation 

Administration (FAA), DOT.

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 61145

ACTION: Final rule.

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Becker Flugfunkwerk GmbH AR 4201 

VHF AM transceivers. This AD requires 

adding an aircraft flight manual (AFM) 

limitation to the Limitations Section of 

the AFM, and cockpit placard due to the 

intermittent malfunctioning of the 

transceiver, or removing the affected 

transceiver from service. This AD 

results from reports of crewmembers 

having difficulty communicating with 

Air Traffic Control and other aircraft 

due to the AR 4201 VHF AM 

transceiver’s inability to block 

interference from transmitters operating 

on frequencies other than those set in 

the transceiver. We are issuing this AD 

to prevent difficulty in communicating 

with Air Traffic Control and other 

aircraft due to intermittent 

malfunctioning of the transceiver.

DATES: This AD becomes effective 

November 19, 2004.

ADDRESSES: You may examine the AD 

Docket at the FAA, New England 

Region, Office of the Regional Counsel, 

12 New England Executive Park, 

Burlington, MA.

FOR FURTHER INFORMATION CONTACT:

David Setser, Aerospace Engineer, 

Boston Aircraft Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803–5299; telephone 

(781) 238–7173; fax (781) 238–7170.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend 14 CFR part 39 with 

a proposed airworthiness directive (AD). 

The proposed AD applies to Becker 

Flugfunkwerk GmbH AR 4201 VHF AM 

transceivers. We published the 

proposed AD in the Federal Register on 

May 20, 2004 (69 FR 29108). That action 

proposed to require adding an aircraft 

flight manual (AFM) limitation to the 

Limitations Section of the AFM, and 

cockpit placard due to the intermittent 

malfunctioning of the transceiver, or 

removing the affected transceiver from 

service. 

Examining the AD Docket: You may 

examine the AD Docket (including any 

comments and service information), by 

appointment, between 8 a.m. and 4:30 

p.m., Monday through Friday, except 

Federal holidays. See ADDRESSES for the 

location. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We received no 

comments on the proposal or on the 

determination of the cost to the public. 

Conclusion 

We have carefully reviewed the 

available data and determined that air 

safety and the public interest require 

adopting the AD as proposed. 

Costs of Compliance 

There are 9,349 Becker Flugfunkwerk 

GmbH AR 4201 VHF AM transceivers of 

the affected design in the worldwide 

fleet. There are about 1,000 transceivers 

installed on aircraft of U.S. registry. We 

estimate that it would take about 2 work 

hours per transceiver to inspect and or 

remove a transceiver from service, and 

that the average labor rate is $65 per 

work hour. The average retail cost of an 

AR 4201 transceiver is $1,149. If all 

transceivers were replaced, the total 

purchase cost would be about 

$1,149,000. Based on these figures, the 

total cost of the AD to U.S. operators to 

replace transceivers is estimated to be 

$1,279,000. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary by sending a request to us 

at the address listed under ADDRESSES.

Include ‘‘AD Docket No. 2003–NE–68–

AD’’ in your request.

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety.

Adoption of the Amendment

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows:

PART 39—AIRWORTHINESS 

DIRECTIVES

■ 1. The authority citation for part 39 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 by 

adding the following new airworthiness 

directive (AD):

2004–21–04 Becker Flugfunkwerk GmbH:

Amendment 39–13825. Docket No. 

2003–NE–68–AD. 

Effective Date 

(a) This AD becomes effective November 

19, 2004. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Becker 

Flugfunkwerk GmbH AR 4201 VHF AM 

transceivers, with serial numbers (SNs) 0150 

through 9499. 

Unsafe Condition 

(d) This AD results from reports of 

crewmembers having difficulty 

communicating with Air Traffic Control and 

other aircraft due to the AR 4201 VHF AM 

transceiver’s inability to block interference 

from transmitters operating on frequencies 

other than those set in the transceiver. We are 

issuing this AD to prevent difficulty in 

communicating with Air Traffic Control and 

other aircraft due to intermittent 

malfunctioning of the transceiver. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

five days after the effective date of this AD, 

unless the actions have already been done. 

(f) For installed Becker Flugfunkwerk 

GmbH AR 4201 VHF AM transceivers, 

inspect the SN. If the transceiver does not 

have an affected SN, no further action is 

required. 

(g) If the transceiver has an affected SN, 

and does not have Change Index 02 or higher 

index number marked on it, do the following: 

(1) Add an aircraft flight manual (AFM) 

limitation to the Limitations Section of the 

AFM, that restricts transceiver usage to VFR 

operations, and add a placard to the cockpit 

within view of the pilot that states, in 1⁄4

inch-high or higher characters, ‘‘Use of 

Becker Comm Equipment AR 4201 is 

restricted to VFR operations’’; or 

(2) Remove the transceiver from service. 

(h) After the effective date of this AD, do 

not install any Becker Flugfunkwerk GmbH 

AR 4201 VHF AM transceiver with an 

affected SN that does not have Change Index 

02 or higher index number marked on it, 

unless it was removed to determine the SN 

or to check for Change Index 02 or higher 

index number. 

Terminating Action 

(i) If you later install a transceiver that is 

not listed in this AD or install a transceiver 

that is marked with Change Index 02 or 

higher index number, remove the limitation 

from the Limitations Section of the AFM, and 

placard if present, that are specified in 

paragraph (g)(1). 

61146 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 

Alternative Methods of Compliance 

(j) The Manager, Boston Aircraft 

Certification Office, has the authority to 

approve alternative methods of compliance 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Material Incorporated by Reference 

(k) None. 

Related Information 

(l) LBA airworthiness directive No. 2003–

234, dated August 21, 2003, and Becker 

Flugfunkwerk GmbH Service Bulletin No. AR 

4201–01/03; dated July 22, 2003, also pertain 

to the subject of this AD.

Issued in Burlington, Massachusetts, on 

October 8, 2004. 

Jay J. Pardee, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service.

[FR Doc. 04–23143 Filed 10–14–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 97 

[Docket No. 30425; Amdt. No. 3106] 

Standard Instrument Approach 

Procedures; Miscellaneous 

Amendments

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment establishes, 

amends, suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, addition of 

new obstacles, or changes in air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports.

DATES: This rule is effective October 15, 

2004. The compliance date for each 

SIAP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 15, 

2004.

ADDRESSES: Availability of matters 

incorporated by reference in the 

amendment is as follows: 

For Examination—

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The Flight Inspection Area Office 

which originated the SIAP; or, 

4.The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

For Purchase—Individual SIAP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA–

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

By Subscription—Copies of all SIAPs, 

mailed once every 2 weeks, are for sale 

by the Superintendent of Documents, 

U.S. Government Printing Office, 

Washington, DC 20402.

FOR FURTHER INFORMATION CONTACT:

Donald P. Pate, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK 73125) 

telephone: (405) 954–4164.

SUPPLEMENTARY INFORMATION: This 

amendment to part 97 of the Federal 

Aviation Regulations (14 CFR part 97) 

establishes, amends, suspends, or 

revokes Standard Instrument Approach 

Procedures (SIAPs). The complete 

regulatory description of each SIAP is 

contained in official FAA form 

documents which are incorporated by 

reference in this amendment under 5 

U.S.C. 552(a), 1 CFR part 51, and § 97.20 

of the Federal Aviation Regulations 

(FAR). The applicable FAA Forms are 

identified as FAA Forms 8260–3, 8260–

4, and 8260–5. Materials incorporated 

by reference are available for 

examination or purchase as stated 

above. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. The 

provisions of this amendment state the 

affected CFR (and FAR) sections, with 

the types and effective dates of the 

SIAPs. This amendment also identifies 

the airport, its location, the procedure 

identification and the amendment 

number.

The Rule 

This amendment to part 97 is effective 

upon publication of each separate SIAP 

as contained in the transmittal. Some 

SIAP amendments may have been 

previously issued by the FAA in a 

National Flight Data Center (NFDC) 

Notice to Airmen (NOTAM) as an 

emergency action of immediate flight 

safety relating directly to published 

aeronautical charts. The circumstances 

which created the need for some SIAP 

amendments may require making them 

effective in less than 30 days. For the 

remaining SIAPs, an effective date at 

least 30 days after publication is 

provided. 

Further, the SIAPs contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these SIAPs, the 

TERPS criteria were applied to the 

conditions existing or anticipated at the 

affected airports. Because of the close 

and immediate relationship between 

these SIAPs and safety in air commerce, 

I find that notice and public procedure 

before adopting these SIAPs are 

impracticable and contrary to the public 

interest and, where applicable, that 

good cause exists for making some 

SIAPs effective in less than 30 days. 

Conclusion 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act.