34604 Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Proposed Rules

if any, may be obtained from the Engine

Certification Office.

Special Flight Permits

(i) Special flight permits may be

issued in accordance with sections

21.197 and 21.199 of the Federal

Aviation Regulations (14 CFR 21.197

and 21.199) to operate the helicopter to

a location where the requirements of

this AD can be accomplished.

Issued in Burlington, Massachusetts,

on May 23, 2000.

Thomas A. Boudreau,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 00–13567 Filed 5–30–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–206–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747–100, Ø200, Ø300, Ø400,

and 747SR Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), applicable to certain Boeing

Model 747 series airplanes, that would

have required a one-time inspection to

determine whether H–11 steel bolts are

installed as attach and support bolts at

the trailing edge flap transmissions, and

replacement of any H–11 steel bolt with

an Inconel bolt. That proposal was

prompted by reports of fracturing or

cracking of H–11 steel bolts at the flap

transmissions. This new action revises

the proposed rule by expanding the

applicability to include additional

airplanes. The actions specified by this

new proposed AD are intended to

prevent loss of a flap transmission,

which could reduce lateral

controllability of the airplane.

DATES: Comments must be received by

July 5, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 99–NM–

206–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Barbara Mudrovich, Aerospace

Engineer, Systems and Equipment

Branch, ANM–130S, FAA, Transport

Airplane Directorate, Seattle Aircraft

Certification Office, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056;

telephone (425) 227–2983; fax (425)

227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule.

The proposals contained in this notice

may be changed in light of the

comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 99–NM–206–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

99–NM–206–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to add an airworthiness

directive (AD), applicable to certain

Boeing Model 747 series airplanes, was

published as a notice of proposed

rulemaking (NPRM) in the Federal

Register on December 28, 1999 (64 FR

72582). That NPRM would have

required a one-time inspection to

determine whether H–11 steel bolts are

installed as attach and support bolts at

the trailing edge flap transmissions, and

replacement of any H–11 steel bolt with

an Inconel bolt. That NPRM was

prompted by reports of fracturing or

cracking of H–11 steel bolts at the flap

transmissions. That condition, if not

corrected, could result in loss of a flap

transmission, which could reduce

lateral controllability of the airplane.

Comments

Due consideration has been given to

the comments received in response to

the NPRM. Certain comments have

resulted in changes to the NPRM.

Request To Expand Applicability

One commenter, an operator, requests

that the FAA expand the applicability of

the proposed rule to include all Model

747 series airplanes. The commenter

points out that, though only Model 747

series airplanes having line numbers 1

through 871 inclusive were delivered

with the affected bolts, the affected bolts

may have been installed as spares on

Model 747 series airplanes after line

number 871. The commenter states that

it found the subject bolts installed on

airplanes in its fleet that are not

included in the applicability of the

proposed rule. The FAA concurs with

the commenter’s request and has revised

the applicability statement of this

supplemental NPRM to include all

Model 747–100, –100B, –100B SUD,

–200B, –200C, –200F, –300, –400,

–400D, –400F, and 747SR series

airplanes.

Request To Revise ‘‘Cost Impact’’

Section

Several commenters request that the

FAA revise the cost impact information

provided in the preamble of the NPRM.

One commenter states that the cost

information in the NPRM is not

consistent with the service bulletin, and

requests that the cost impact

information be revised to reflect the

estimates in the service bulletin.

Another commenter states that it does

not understand the estimate of 6 work

hours per airplane and estimates a total

of 24 work hours will be necessary to

accomplish both the inspection and

Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Proposed Rules 34605

replacement described in the NPRM.

The same commenter further states,

‘‘The NPRM cost estimate does not

include replacement costs nor does it

even include the access costs required

for the inspection. This is not industryaccepted practice.’’

The FAA partially concurs with the

commenters’ request. The cost impact

information in AD rulemaking actions

describes only the ‘‘direct’’ costs of the

specific actions required by this AD.

The FAA recognizes that, in

accomplishing the requirements of any

AD, operators may incur ‘‘incidental’’

costs in addition to the ‘‘direct’’ costs.

The cost analysis in AD rulemaking

actions, however, typically does not

include incidental costs, such as the

time required to gain access and close

up, planning time, or time necessitated

by other administrative actions. Because

incidental costs may vary significantly

from operator to operator, they are

almost impossible to calculate.

The estimate of 6 work hours in the

NPRM is based on the figures in the

service bulletin of 0.25 work hour for

inspection and 0.50 work hour for

replacement of bolts, for a total of 0.75

hour per transmission, and 6.0 work

hours per airplane. However, based on

the comments received, the FAA finds

that clarification of the breakdown of

the costs associated with the proposed

AD is necessary. Therefore, the FAA has

revised the cost impact information in

this supplemental NPRM to separate the

cost estimates for inspection and bolt

replacement (if necessary). In addition,

the estimated parts cost has been

included.

Request To Revise Language in

‘‘Discussion’’ Section

One commenter, the manufacturer,

requests that the FAA revise certain

language in the ‘‘Discussion’’ section of

the NPRM. The subject sentence reads,

‘‘Broken bolts could lead to loss of a flap

transmission, which could result in flap

asymmetry, flap skew, or collateral

system damage.’’ The commenter

requests that the sentence be revised to

read, ‘‘* * * flap skew, and/or

collateral system damage.’’ The

commenter states, ‘‘* * * in addition to

the flap skew or asymmetry, a reduction

in flight control system capability is also

possible due to potential adjacent

systems damage (e.g., hydraulic lines,

cables, wiring, etc.).’’

The FAA concurs with the intent of

the commenter’s request. However, the

‘‘Discussion’’ section is not restated in

this supplemental NPRM; therefore, no

change is necessary in this regard.

Conclusion

Since these changes expand the scope

of the originally proposed rule, the FAA

has determined that it is necessary to

reopen the comment period to provide

additional opportunity for public

comment.

Cost Impact

There are approximately 1,240

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

281 airplanes of U.S. registry would be

affected by this proposed AD.

It would take approximately 2 work

hours per airplane to accomplish the

proposed inspection, at an average labor

rate of $60 per work hour. Based on

these figures, the cost impact of the

inspection proposed by this AD on U.S.

operators is estimated to be $33,720, or

$120 per airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the proposed requirements of this AD

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Should an operator be required to

accomplish the bolt replacement, it will

take approximately 4 work hours per

airplane (0.5 hours per transmission) to

accomplish, at an average labor rate of

$60 per work hour. Required parts will

cost approximately $5,049 per airplane.

Based on these figures, the cost impact

of the replacement is estimated to be

$5,289 per airplane.

Regulatory Impact

The regulations proposed herein

would 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 proposal

would not have federalism implications

under Executive Order 13132.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

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

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(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. Section 39.13 is amended by

adding the following new airworthiness

directive:

Boeing: Docket 99–NM–206–AD.

Applicability: All Model 747–100, –100B,

–100B SUD, –200B, –200C, –200F, –300,

–400, –400D, –400F, and 747SR series

airplanes; 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 (b) 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 loss of a flap transmission,

which could reduce lateral controllability of

the airplane, accomplish the following:

Replacement

(a) Within 1 year after the effective date of

this AD, perform a one-time general visual

inspection to determine whether H–11 steel

bolts are installed as attach and support bolts

at the trailing edge flap transmissions, in

accordance with Boeing Alert Service

Bulletin 747–27A2376, dated July 1, 1999.

(1) If no H–11 steel bolt is found, no further

action is required by this AD.

(2) If any H–11 steel bolt is found, prior to

further flight, replace with an Inconel bolt, in

accordance with the alert service bulletin.

Note 2: For the purposes of this AD, a

general visual inspection is defined as: ‘‘A

visual examination of an interior or exterior

area, installation, or assembly to detect

obvious damage, failure, or irregularity. This

level of inspection is made under normally

available lighting conditions such as

daylight, hangar lighting, flashlight, or droplight, and may require removal or opening of

34606 Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Proposed Rules

access panels or doors. Stands, ladders, or

platforms may be required to gain proximity

to the area being checked.’’

Alternative Methods of Compliance

(b) 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

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. 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

(c) Special flight permits may be issued in

accordance with sections 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.

Issued in Renton, Washington, on May 24,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–13568 Filed 5–30–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Parts 4, 4a and 4b

[Docket No. 990723201–9201–01]

RIN 0605–AA14

Public Information, Freedom of

Information and Privacy

AGENCY: Department of Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document sets forth

proposed revisions of Department of

Commerce (Department) regulations

regarding the Freedom of Information

Act (FOIA), Privacy Act (PA), and

declassification and public availability

of national security information. It

contains new provisions implementing

the Electronic Freedom of Information

Act (EFOIA) Amendments of 1996,

reflects the principles established by

President Clinton and Attorney General

Reno in their FOIA Policy Memoranda

of October 4, 1993, incorporates

updated cost figures to be used in

charging fees, and streamlines and

clarifies the regulations. The proposed

PA revisions update and clarify certain

provisions, and make technical changes.

The proposed revisions of the

regulations regarding declassification

and public availability of national

security information implement

Executive Order 12958, and streamline

and clarify the regulations.

DATES: Comments must be received on

or before June 30, 2000.

ADDRESSES: Address all comments

concerning this proposed rule to

Andrew W. McCready, AttorneyAdvisor, U.S. Department of Commerce,

Office of the Assistant General Counsel

for Administration, Room 5875, 14th

and Constitution Avenue, NW.,

Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT:

Andrew W. McCready, 202–482–8044.

SUPPLEMENTARY INFORMATION: The

Department issued a proposed rule to

revise its FOIA and PA regulations on

February 21, 1996 (61 FR 6585–6587),

but will not issue that rule in final form

because of the subsequent passage of the

Electronic Freedom of Information Act

(EFOIA) Amendments of 1996 (Pub. L.

104–231). Relevant portions of that

proposed rule are incorporated into the

proposed rule below.

The proposed amendment to 15 CFR

part 4 adds new provisions to

implement the EFOIA Amendments of

1996. New provisions implementing the

amendments are found at § 4.2(b)

(electronic reading rooms), § 4.6(b)

(timing of responses), § 4.6(d)

(multitrack processing), § 4.6(e)

(expedited processing), § 4.7(a), (b)(3)

(deletion marking and estimation of

volume of information withheld),

§ 4.11(b)(3) (format of disclosure), and

§ 4.11(b)(8) (electronic searches).

Proposed revisions of the

Department’s fee schedule are at § 4.11.

The duplication charge will increase

from $.07 to $.15 per page. Section

4.1(a) includes a new statement of

discretionary disclosure policy, which

reflects the principles established by

President Clinton and Attorney General

Reno in their FOIA Memoranda of

October 4, 1993.

The Department proposes to remove

part 4b, which contains the

Department’s PA regulations, and to

incorporate revised PA provisions as a

new subpart B to part 4. The proposed

subpart B expands the list of PA officers

to include all FOIA officers; changes the

official responsible for adjudicating PA

appeals of denials of requests for access,

correction, and amendment from the

General Counsel to the Assistant

General Counsel for Administration;

and streamlines and clarifies the

regulations.

Appendix A to part 4 is being

removed. Appendix B and C are being

redesignated as appendices A and B to

part 4, and are being revised to include

updated addresses and telephone

numbers of public inspection facilities,

and updated addresses for requests for

records under the FOIA and PA.

Appendices A and C to part 4b are being

removed, and appendix B is being

redesignated as appendix C to part 4.

The proposed amendment to 15 CFR

part 4a implements Executive Order

12958; eliminates the requirement that

the Department’s Office of Security

coordinate with the Office of the

Assistant General Counsel for

Administration with respect to

declassification and FOIA matters; and

streamlines and clarifies the regulations.

It has been determined that this rule

is significant under Executive Order

12866.

This rule does not contain a

‘‘collection of information’’ as defined

by the Paperwork Reduction Act.

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), the

Chief Counsel for Regulation has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that this rule will not

have a significant economic impact on

a substantial number of small entities.

Under the FOIA, agencies may recover

only the direct costs of searching for,

reviewing, and duplicating the records

processed for requesters. Thus, the fees

the Department assesses are ordinarily

nominal. Further, the number of ‘‘small

entities’’ that make FOIA requests is

relatively small compared to the number

of individuals who make such requests.

List of Subjects

15 CFR Part 4

Administrative practice and

procedure, Freedom of Information,

Privacy, Public information.

15 CFR Part 4a

Administrative practice and

procedure, Classified information.

15 CFR Part 4b

Privacy.

For the reasons stated in the

preamble, the Department of Commerce

proposes to amend 15 CFR Subtitle A as

set forth below:

1. Revise Part 4 to read as follows:

PART 4—DISCLOSURE OF

GOVERNMENT INFORMATION

Subpart A—Freedom of Information Act

Sec.

4.1 General.

4.2 Public reference facilities.

4.3 Records under the FOIA.

4.4 Requirements for making requests.

4.5 Responsibility for responding to

requests.