Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations 24631

Amendment Number 1 Effective Date:

May 30, 2000.

SAR Submitted by: Pacific Sierra

Nuclear Associates.

SAR Title: Final Safety Analysis

Report for the Ventilated Storage Cask

System.

Docket Number: 72–1007.

Certificate Expiration Date: May 7,

2013.

Model Number: VSC–24.

* * * * *

Dated at Rockville, Maryland, this 12th day

of April, 2000.

For the Nuclear Regulatory Commission.

Frank J. Miraglia, Jr.,

Acting Executive Director for Operations.

[FR Doc. 00–10392 Filed 4–26–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–56–AD; Amendment

39–11700; AD 2000–08–14]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 747

series airplanes, that requires repetitive

inspections or checks to detect broken

H–11 steel bolts at the wing rear spar

side-of-body on the lower chord splice

plate and kick fitting; and corrective

actions, if necessary. This AD also

requires eventual replacement of the

existing bolts with new Inconel bolts,

which constitutes terminating action for

the repetitive inspections. This

amendment is prompted by a report of

broken bolts at the wing rear spar sideof-body on the lower chord splice plate.

The actions specified by this AD are

intended to prevent cracking of the bolts

due to stress corrosion, which could

result in reduced structural integrity of

the wing-to-body joint structure.

DATES: Effective June 1, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 1,

2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P. O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Tamara L. Anderson, Aerospace

Engineer, Airframe Branch, ANM–120S,

FAA, Transport Airplane Directorate,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–2771; fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Boeing

Model 747 series airplanes was

published in the Federal Register on

September 2, 1999 (64 FR 48120). That

action proposed to require repetitive

inspections or checks to detect broken

H–11 steel bolts at the wing rear spar

side-of-body on the lower chord splice

plate and kick fitting; and corrective

actions, if necessary.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Request To Reference Revised Service

Bulletin

One commenter requests that the FAA

revise paragraph (d) of the notice of

proposed rulemaking (NPRM) to allow

accomplishment of the terminating

action in accordance with either the

original issue of Boeing Alert Service

Bulletin 747–57A2309, dated February

25, 1999 (which is referenced as the

appropriate source of service

information in the NPRM), or Boeing

Service Bulletin 747–57A2309, Revision

1, dated December 22, 1999.

The FAA concurs with the

commenter’s request. Since the issuance

of the NPRM, the FAA has reviewed and

approved Boeing Service Bulletin 747–

57A2309, Revision 1. The procedures

specified in that service bulletin are

substantially similar to those in the

original issue. Among other things,

Revision 1 of the service bulletin

references kits with cadmium-plated

nuts instead of passivated nuts and

revises jacking instructions. The FAA

finds that use of either the original issue

or Revision 1 of the service bulletin is

acceptable for compliance with all

actions specified in this AD. Therefore,

the FAA is revising paragraphs (a), (b),

and (d), of this final rule to reference

Revision 1, as well as the original issue

of the service bulletin.

In addition, no new airplanes are

added to the effectivity listing in

Revision 1 of the service bulletin, but

the effectivity listing does show changes

in airplane operators. Therefore, for

clarity, the applicability statement of

this final rule has been revised to refer

to airplanes listed in Revision 1 instead

of the original issue of the service

bulletin.

Request To Revise Paragraph (c)

One commenter requests that

paragraph (c) of the proposed AD be

revised to refer not only to paragraph

(b), as specified in the proposal, but also

to paragraph (d)(1). The commenter

points out that paragraph (c) of the

proposal only refers to cracks found

during accomplishment of corrective

action required by paragraph (b), but

paragraph (d)(1) of the proposal also

refers to accomplishment of necessary

corrective actions in accordance with

paragraph (c). The commenter

recommends that paragraph (c) of this

AD be revised to read as follows: ‘‘If any

crack is detected during any corrective

action required by paragraph (b) of this

AD or during terminating action

required by paragraph (d)(1) of this AD.

* * *’’ The FAA concurs with the

commenter’s request, and has revised

paragraph (c) of this final rule

accordingly.

Request To Clarify Number of Fasteners

One commenter requests that the FAA

revise paragraphs (d)(1) and (d)(2) of the

proposed rule to accurately state the

correct number of fasteners for all

groups of airplanes listed in the service

bulletin. The commenter points out that

airplanes in Group 2 have only four

high strength H–11 steel bolts common

to the rear spar lower chord splice plate,

while airplanes in Groups 1, 3, 4, and

5 have eight high strength H–11 steel

bolts common to the rear spar lower

chord splice plate.

The same commenter requests that the

FAA revise paragraphs (d)(1) and (d)(2)

of the proposed AD to also explicitly

state that the number of high strength

H–11 steel bolts listed in those

paragraphs of the AD are the numbers

for each side. The commenter states that

this change is necessary for clarity.

The FAA partially concurs with the

commenter’s request. The FAA

acknowledges that airplanes in Group 2

have only four high strength H–11 steel

bolts common to the rear spar lower

chord splice plate, while airplanes in

24632 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations

Groups 1, 3, 4, and 5 have eight high

strength H–11 steel bolts common to the

rear spar lower chord splice plate.

However, the FAA finds that revising

paragraphs (d)(1) and (d)(2) of this AD

to refer separately to airplanes in Group

2 and airplanes in Groups 1, 3, 4, and

5; and to specify that the numbers given

are for each side of the airplane; would

unnecessarily complicate these

paragraphs. Paragraph (d) of this AD

states that the actions required by

paragraphs (d)(1) and (d)(2) of this AD

are to be accomplished in accordance

with Boeing Alert Service Bulletin 747–

57A2309, or Boeing Service Bulletin

747–57A2309, Revision 1. Boeing

Service Bulletin 747–57A2309, Revision

1, clarifies the difference in number of

high strength H–11 steel bolts common

to the rear spar lower chord splice plate

between airplanes in Group 2 and

airplanes in Groups 1, 3, 4, and 5. The

correct number of bolts is shown in

Figure 1 of the service bulletin. In

addition, the accomplishment

instructions in both the original issue

and Revision 1 of the service bulletin

make it clear that the number of

fasteners are per fitting, and fittings are

installed on both sides of the airplane.

In acknowledgement of the

commenter’s request, the FAA has

revised paragraphs (d)(1) and (d)(2) of

this final rule to delete references to

specific numbers of bolts, and to instead

refer to ‘‘all high strength H–11 steel

bolts common to the rear spar lower

chord splice plate and common to the

wing rear spar lower chord kick fitting.’’

The FAA finds that no further

clarification is necessary in this regard.

Request To Base Compliance Times on

Accumulated Flight Hours

One commenter requests that the FAA

base compliance times for the proposed

actions on the total number of flight

hours an airplane has accumulated.

(The FAA infers that the commenter is

referring to the number of flight hours

an airplane has accumulated as of the

effective date of this AD.) The

commenter requests one compliance

time for airplanes with fewer than

45,000 total flight hours, and one for

airplanes with more than 45,000 total

flight hours. The commenter explains

that, according to worldwide reports,

the average number of flight hours for

an airplane on which damage has been

found is 45,000 flight hours. The

commenter does not state what

compliance times it would consider

appropriate, nor does it provide any

other technical justification for

establishing separate compliance times.

The FAA does not concur with the

commenter’s request. The FAA finds no

justification for the assumption that

airplanes with fewer than 45,000 total

flight hours will have fewer broken bolts

than airplanes with 45,000 total flight

hours or more. Indeed, the FAA has

determined that broken bolts have been

found on airplanes that have

accumulated from 10,000 to 83,704 total

flight hours. No change to the final rule

is necessary in this regard.

Request To Increase Threshold for

Initial Inspection

One commenter requests that the FAA

revise paragraph (a) of the proposed rule

to increase the threshold for the initial

inspection from 12 months to 18

months. The commenter wants the

initial inspection threshold to be the

same as the repetitive inspection

interval. The commenter provides no

technical justification for its request.

The FAA does not concur with the

commenter’s request. In developing an

appropriate compliance time for this

action, the FAA considered not only the

manufacturer’s recommendation for the

inspection threshold (one year), but also

the safety implications for timely

accomplishment of the initial

inspection. In consideration of these

items, the FAA has determined that 12

months represents an appropriate

interval of time allowable wherein an

acceptable level of safety can be

maintained. No change to the final rule

is necessary in this regard.

Request To Provide Repetitive

Inspection Interval in Flight Hours

One commenter requests that the

paragraph (a) of the proposed rule be

revised to provide a repetitive

inspection interval in flight hours

instead of calendar time (18 months).

The commenter explains that stress

corrosion cracking is related to the H–

11 material of the bolt, and the tension

loads on the lower chord when the

airplane is in the air. The commenter

does not specify what flight hour

interval it considers appropriate.

The FAA does not concur with the

commenter’s request. The repetitive

inspection interval of 18 months is

intended to make the inspections

convenient for operators to accomplish

at a regularly scheduled maintenance

visit. No change to the final rule is

necessary in this regard.

Request To Clarify Intent of Service

Bulletin

One commenter requests that the FAA

revise paragraph (b) of the proposal to

clarify the inspection processes

intended by the service bulletin, and to

clarify that cracked bolts, as well as

broken bolts, must be replaced. The

commenter states that paragraph (b)

should read, ‘‘If there is any indication

of cracked or broken bolts as indicated

by cracks in the sealant, sealant

separated from the bolt or structure,

gaps under the bolt head or nut, bolt

movement[,]or fuel leaks, perform the

ultrasonic inspection or torque check in

accordance with [the service bulletin]. If

indications of a cracked or broken bolt

are confirmed by the ultrasonic

inspection or torque check, replace the

bolt with an Inconel 718 bolt in

accordance with [the service bulletin],

prior to further flight.’’

The FAA does not concur with the

commenter’s request. Paragraph (a) of

this AD requires a detailed visual

inspection or an ultrasonic inspection or

torque check to detect broken bolts.

That paragraph specifies the inspection

is to be accomplished in accordance

with the service bulletin. As specified in

Notes (a) and (b) of Figures 3, 4, and 5

of the service bulletin, the detailed

visual inspection includes inspections

for cracks in the sealant, sealant

separated from the bolt or structure,

gaps under the bolt head or nut, bolt

movement, or fuel leaks. Any of these

discrepancies could indicate broken

bolts. Paragraph (b) states that if there is

any indication of a broken bolt, the

applicable corrective action must be

performed in accordance with the

service bulletin. The FAA finds that, for

the purposes of this AD, the work

instructions specified in the service

bulletin are sufficient, and it is not

necessary to repeat such instructions in

the text of the AD. In addition, the FAA

notes that cracked bolts are only

expected to be detected by an ultrasonic

inspection. If an indication of a crack is

found during the ultrasonic inspection,

the service bulletin specifies that the

bolt must be removed. In accordance

with paragraph (e) of this AD, this AD

does not allow installation of H–11 steel

bolts; therefore, the cracked (or broken)

bolt must be replaced. The FAA finds

that no change to the final rule is

necessary in this regard.

Request To Clarify Intent of Corrective

Action

A commenter requests that the FAA

revise paragraph (c) of the proposed rule

to read, ‘‘If any crack in the splice is

detected during the open hole high

frequency eddy current inspection

during any corrective action required by

paragraph (b) of this AD; * * *’’ The

commenter states that the inspection is

intended to detect cracks in the fastener

holes of the splice members, not cracks

in the bolts.

The FAA does not concur with the

commenter’s request. The FAA finds

Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations 24633

that it is appropriate for paragraph (c) of

this final rule to continue to refer to

‘‘any crack detected during any

corrective action * * *,’’ because cracks

may be detected in the splice fitting,

kick fitting, skin, et cetera. No change to

the final rule is necessary in this regard.

Request To Extend Compliance Time

One commenter requests that the

compliance time for the bolt

replacement proposed in paragraph (d)

of the NPRM be revised from 48 months

after the effective date of this AD to at

the next ‘‘D’’ check. The commenter

expresses concern that 48 months will

not allow enough time to plan the bolt

replacement and procure parts.

Similarly, a second commenter (an

operator) requests that the compliance

time be extended to 72 months to

coincide with that operator’s ‘‘D’’ check

interval. The commenter states that,

with a compliance time of 48 months,

the proposed bolt replacement would

have to be accomplished on several

airplanes during a ‘‘C’’ check, rather

than a ‘‘D’’ check. The commenter notes

that, to accomplish the proposed

terminating action, the fuel tanks must

be purged. The commenter explains that

purging the fuel tanks is standard

procedure during a ‘‘D’’ check, but not

during a ‘‘C’’ check. The commenter

states that draining the fuel tanks during

a ‘‘C’’ check will have a serious impact

on the downtime for the maintenance

visit. Also, the commenter asserts that

the area subject to this AD was not

recognized as a potential critical area in

AD 89–23–07, amendment 39–6376 (54

FR 43801, October 27, 1989), and AD

94–07–06, amendment 39–8864 (59 FR

15854, April 5, 1994).

The FAA does not concur with the

commenters’ request to extend the

compliance time for accomplishment of

the terminating action. In developing an

appropriate compliance time for this

action, the FAA considered not only the

degree of urgency associated with

addressing the subject unsafe condition,

but the availability of required parts and

the practical aspect of accomplishing

the required actions within an interval

of time that parallels normal scheduled

maintenance for the majority of affected

operators. The FAA finds that 48

months is an adequate amount of time

for most operators to accomplish the

modification at a scheduled heavy

maintenance visit. Also, Revision 1 of

the service bulletin quotes a lead time

of 30 weeks for obtaining repair kits, so

the FAA does not anticipate that

operators will have difficulty getting the

required parts within the 48-month

compliance time.

With regard to the second

commenter’s remark that the area

subject to this AD (in which H–11 steel

bolts are installed) was not recognized

as a potential critical area in other

rulemaking actions, the FAA points out

that one operator has reported four of

the eight H–11 steel bolts broken. The

manufacturer’s analysis indicates that

four broken bolts would result in the

structure being unable to carry limit

loads. The AD’s that the commenter

references did not take into

consideration that multiple bolts may be

broken. Additionally, the FAA notes

that the wing rear spar side-of-body

lower splice plate and kick fitting are

primary structure. For all of these

reasons, the FAA considers a

compliance time of 48 months to be

warranted for accomplishment of the

terminating action, in that it represents

an appropriate interval of time

allowable for affected airplanes to

continue to operate without

compromising safety. No change to the

final rule is necessary in this regard.

Request To Clarify ‘‘Spares’’ Paragraph

One commenter requests that the FAA

revise paragraph (e) of the NPRM to

change the words ‘‘on any airplane’’ to

‘‘on any Boeing 747 airplane that is

listed in the effectivity of [Boeing

Service Bulletin] 747–57A2309.’’ The

commenter states that an operator was

confused about the meaning of the

paragraph as it is phrased in the NPRM.

The FAA does not concur with the

commenter’s request. The applicability

statement of all AD actions lists all

models affected by that AD. All of the

requirements stated in an AD are

applicable only to the airplane models

listed in the applicability. The FAA

finds that there is no justification for

making the change requested by the

commenter. No change to the final rule

is necessary in this regard.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule with the changes

previously described. The FAA has

determined that these changes will

neither increase the economic burden

on any operator nor increase the scope

of the AD.

Cost Impact

There are approximately 523 Model

747 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 115 airplanes of U.S.

registry will be affected by this AD.

It will take approximately 1 work

hour per airplane to accomplish the

required inspection, at the average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the

inspection required by this AD on U.S.

operators is estimated to be $6,900, or

$60 per airplane, per inspection cycle.

It will take approximately 13 (Groups

1, 3, 4, and 5 airplanes) and 10 (Group

2 airplanes) work hours per airplane to

accomplish the open hole HFEC

inspection and replacement, at the

average labor rate of $60 per work hour.

Required parts will cost approximately

$4,500 per airplane. Based on these

figures, the cost impact of the AD on

U.S. operators is estimated to be $5,280

(Groups 1, 3, 4, and 5 airplanes) and

$5,100 (Group 2 airplanes) per airplane.

The cost impact figures discussed

above are based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

The regulations adopted herein 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. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

For the reasons discussed above, I

certify that this action (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. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

24634 Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations

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. Section 39.13 is amended by

adding the following new airworthiness

directive:

2000–08–14 Boeing: Amendment 39–11700.

Docket 99–NM–56–AD.

Applicability: Model 747 series airplanes,

as listed in Boeing Service Bulletin 747–

57A2309, Revision 1, dated December 22,

1999, certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (f) of this AD. The

request should include an assessment of the

effect of the modification, alteration, or repair

on the unsafe condition addressed by this

AD; and, if the unsafe condition has not been

eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent cracking of the high strength H–

11 steel bolts on the wing rear spar side-ofbody on the lower chord splice plate and

kick fitting due to stress corrosion, which

could result in reduced structural integrity of

the wing-to-body joint structure, accomplish

the following:

Repetitive Inspections

(a) Within 12 months after the effective

date of this AD, perform a detailed visual

inspection, or alternatively, an ultrasonic

inspection or torque check, to detect broken

H–11 steel bolts common to the rear spar

lower chord splice plate and the H–11 steel

bolts common to the wing rear spar lower

chord kick fitting, in accordance with Boeing

Alert Service Bulletin 747–57A2309, dated

February 25, 1999, or Boeing Service Bulletin

747–57A2309, Revision 1, dated December

22, 1999. Thereafter, repeat the applicable

inspection or torque check at intervals not to

exceed 18 months, until accomplishment of

the actions specified in paragraph (d) of this

AD.

Note 2: For the purposes of this AD, a

detailed visual inspection is defined as:‘‘An

intensive visual examination of a specific

structural area, system, installation, or

assembly to detect damage, failure, or

irregularity. Available lighting is normally

supplemented with a direct source of good

lighting at intensity deemed appropriate by

the inspector. Inspection aids such as mirror,

magnifying lenses, etc. may be used. Surface

cleaning and elaborate access procedures

may be required.’’

Corrective Actions

(b) If there is any detection or indication

that any bolt is broken during the inspection

required by paragraph (a) of this AD, prior to

further flight, perform the applicable

corrective action [i.e., ultrasonic inspection,

torque check, high frequency eddy current

(HFEC) inspection, repair, and replacement]

in accordance with Boeing Alert Service

Bulletin 747–57A2309, dated February 25,

1999, or Boeing Service Bulletin 747–

57A2309, Revision 1, dated December 22,

1999, except as provided in paragraph (c) of

this AD. Replacement of a broken bolt with

a new Inconel bolt in accordance with the

service bulletin constitutes terminating

action for the repetitive inspection

requirements of paragraph (a) of this AD for

that bolt only.

(c) If any crack is detected during any

corrective action required by paragraph (b) of

this AD, or during the terminating action

required by paragraph (d)(1) of this AD, and

the service bulletin specifies to contact

Boeing for appropriate action: Prior to further

flight, repair in accordance with a method

approved by the Manager, Seattle Aircraft

Certification Office (ACO), FAA, Transport

Airplane Directorate; or in accordance with

data meeting the type certification basis of

the airplane approved by a Boeing Company

Designated Engineering Representative who

has been authorized by the Manager, Seattle

ACO, to make such findings. For a repair

method to be approved by the Manager,

Seattle ACO, as required by this paragraph,

the Manager’s approval letter must

specifically reference this AD.

Terminating Action

(d) Within 48 months after the effective

date of this AD, accomplish the actions

required by paragraphs (d)(1) and (d)(2) of

this AD in accordance with Boeing Alert

Service Bulletin 747–57A2309, dated

February 25, 1999, or Boeing Service Bulletin

747–57A2309, Revision 1, dated December

22, 1999. Accomplishment of the actions

specified in this paragraph constitutes

terminating action for the repetitive

inspection requirements of this AD.

(1) Prior to accomplishing the replacement

required by paragraph (d)(2) of this AD,

perform an open hole HFEC inspection to

detect cracks at the bolt hole location for all

high strength H–11 steel bolts common to the

rear spar lower chord splice plate and all

high strength H–11 steel bolts common to the

wing rear spar lower chord kick fitting. If any

crack is detected, prior to further flight,

perform applicable corrective actions in

accordance with paragraph (c) of this AD.

(2) Replace all high strength H–11 steel

bolts common to the rear spar lower chord

splice plate and all high strength H–11 steel

bolts common to the wing rear spar lower

chord kick fitting with new Inconel bolts.

Spares

(e) As of the effective date of this AD, no

person shall install an H–11 steel bolt having

part number (P/N) BACB30MT ( ) * ( ) or

BACB30TR ( ) * ( ), or any other H–11 steel

bolt, in the locations specified in this AD, on

any airplane.

Alternative Methods of Compliance

(f) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

ACO. Operators shall submit their requests

through an appropriate FAA Principal

Maintenance Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permits

(g) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(h) Except as provided by paragraph (c) of

this AD, the actions shall be done in

accordance with Boeing Alert Service

Bulletin 747–57A2309, including Appendix

A, dated February 25, 1999, or Boeing

Service Bulletin 747–57A2309, Revision 1,

including Appendix A, dated December 22,

1999. This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from Boeing Commercial Airplane Group, P.

O. Box 3707, Seattle, Washington 98124–

2207. Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

Federal Register / Vol. 65, No. 82 / Thursday, April 27, 2000 / Rules and Regulations 24635

the Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(i) This amendment becomes effective on

June 1, 2000.

Issued in Renton, Washington, on April 18,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–10161 Filed 4–26–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 701

RIN 0703–AA58

Availability of Department of the Navy

Records and Publication of

Department of the Navy Documents

Affecting the Public

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: This rule sets forth

regulations pertaining to the Department

of the Navy’s Freedom of Information

Act Program. This rule adds regulations

regarding indexing, public inspection,

and publication of documents affecting

the public.

DATES: Effective April 27, 2000.

ADDRESSES: Office of the Judge

Advocate General (Code 13), 1322

Patterson Avenue, Suite 3000,

Washington Navy Yard, DC 20374–

5066.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander James L. Roth,

JAGC, USN, Head, Regulations &

Legislation, FOIA/PA Branch,

Administrative Law Division, Office of

the Judge Advocate General (Code 13),

1322 Patterson Avenue SE, Suite 3000,

Washington Navy Yard, DC 20374–

5066, Telephone: (703) 604–8200.

SUPPLEMENTARY INFORMATION: Due to

incorrect amendatory instructions,

subpart E was inadvertently deleted

from Part 701 when subparts A through

D were revised on September 14, 1999

(64 FR 49850). Subpart E is being added

back to Part 701 in its entirety. This rule

is being published by the Department of

the Navy for guidance and interest of

the public in accordance with 5 U.S.C.

552(a)(1). It has been determined that

invitation of public comment on this

amendment would be impracticable and

unnecessary, and it is therefore not

required under the public rulemaking

provisions of 32 CFR part 336 or

Secretary of the Navy Instruction

5720.45, on which subpart E is derived.

Interested persons, however, are invited

to comment in writing on this

amendment. All written comments

received will be considered in making

subsequent amendments or revisions to

32 CFR Part 701, subpart E, or the

instruction on which it is based.

Changes may be initiated on the basis of

comments received. Written comments

should be addressed to Lieutenant

Commander James L. Roth, JAGC, USN,

Head, Regulations and Legislation,

FOIA/PA Branch, Administrative Law

Division, Office of the Judge Advocate

General (Code 13), 1322 Patterson

Avenue SE, Suite 3000, Washington

Navy Yard, DC 20374–5066. It has been

determined that this final rule is not a

‘‘significant regulatory action’’ as

defined in Executive Order 12866.

List of Subjects in 32 CFR Part 701

Administrative practice and

procedure, Freedom of Information,

Privacy.

Accordingly, 32 CFR Part 701 is

amended as follows:

PART 701—AVAILABILITY OF

DEPARTMENT OF THE NAVY

RECORDS AND PUBLICATION OF

DEPARTMENT OF THE NAVY

DOCUMENTS AFFECTING THE

PUBLIC

1. The authority citation for Part 701

continues to read as follows:

Authority: 5 U.S.C. § 552

2. Part 701 is amended by adding

subpart E as follows:

Subpart E—Indexing, Public

inspection, and Federal Register

Publication of Department of the Navy

Directives and Other Documents

Affecting the Public.

Sec.

701.61 Purpose.

701.62 Scope and applicability.

701.63 Policy.

701.64 Publication of adopted regulatory

documents for the guidance of the

public.

701.65 Availability, public inspection, and

indexing of other documents affecting

the public.

701.66 Publication of proposed regulations

for public comment.

701.67 Petitions for issuance, revision, or

cancellation of regulations affecting the

public.

701.61 Purpose.

This subpart implements 5 U.S.C.

552(a) (1) and (2) and provisions of

Department of Defense Directive 5400.7

May 13, 1988 (32 CFR part 286, 55 FR

53104); Department of Defense Directive

5400.9, December 23, 1974 (32 CFR part

336, 40 FR 49111); and the Regulations

of the Administrative Committee of the

Federal Register (1 CFR chaps. I and II)

by delineating responsibilities and

prescribing requirements, policies,

criteria, and procedures applicable to:

(a) Publishing the following

Department of the Navy documents in

the Federal Register:

(1) Certain classes of regulatory,

organizational policy, substantive, and

procedural documents required to be

published for the guidance of the

public;

(2) Certain classes of proposed

regulatory documents required to be

published for public comment prior to

issuance; and

(3) Certain public notices required by

law or regulation to be published;

(b) Making available, for public

inspection and copying, certain classes

of documents having precedential effect

on decisions concerning members of the

public;

(c) Maintaining current indexes of

documents having precedential effect on

decisions concerning members of the

public, and publishing such indexes or

making them available by other means;

(d) Receiving and considering

petitions of members of the public for

the issuance, revision, or cancellation of

regulatory documents of some classes;

and

(e) Distributing the Federal Register

for official use within the Department of

the Navy.

§ 701.62 Scope and applicability.

This subpart prescribes actions to be

executed by, or at the direction of, Navy

Department (as defined in § 700.104c of

this chapter) components and specified

headquarters activities for apprising

members of the public of Department of

the Navy regulations, policies,

substantive and procedural rules, and

decisions which may affect them, and

for enabling members of the public to

participate in Department of the Navy

rulemaking processes in matters of

substantial and direct concern to the

public. This subpart complements

subpart A, which implements Navywide requirements for furnishing

documents to members of the the public

upon request. That a document may be

published or indexed and made

available for public inspection and

copying under this instruction does not

affect the possible requirement under

subpart A for producing it for

examination, or furnishing a copy, in

response to a request made under that

subpart.