33446 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–75–AD.’’ The

postcard will be date stamped and

returned to the commenter.

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:

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:

2000–10–12 Boeing: Amendment 39–11736.

Docket 2000–NM–75–AD.

Applicability: Model 747–400 series

airplanes, line numbers 1 through 1205

inclusive, certificated in any category, and

equipped with dual crown skin heat

exchangers.

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 (c) 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 detect and correct damage or deflection

of the crew rest heat exchanger, which could

result in jamming of the rudder or elevator

control cables, and consequent reduced

controllability of the airplane, accomplish

the following:

Repetitive Inspections

(a) Within 1,200 flight hours or 90 days

after the effective date of this AD, whichever

occurs first, perform a general visual

inspection of the crew rest heat exchanger to

detect deflection or damage, in accordance

with Boeing Alert Service Bulletin 747–

21A2412, dated January 20, 2000. Repeat the

inspection thereafter at intervals not to

exceed 2,500 flight hours.

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

access panels or doors. Stands, ladders, or

platforms may be required to gain proximity

to the area being checked.’’

Corrective Action

(b) If any damage or deflection is detected

during any inspection required by paragraph

(a) of this AD, prior to further flight, replace

the discrepant heat exchanger with a new

heat exchanger, and measure the thickness of

the material of the discrepant heat exchanger,

in accordance with Boeing Alert Service

Bulletin 747–21A2412, dated January 20,

2000. If the material is greater than or equal

to 0.028 inches thick but less than or equal

to 0.038 inches thick (≥ 0.028 but ≤ 0.038

inches thick), send the damaged heat

exchanger and inspection results to the

Manager of Service Bulletin Engineering,

Boeing Commercial Airplane Group, P.O.

Box 3707, Seattle, Washington 98124.

Note 3: There is a typographical error in

the Accomplishment Instructions on page 10

of the alert service bulletin. Item G. under the

heading ‘‘Inspection and Replacement of the

Heat Exchanger (All Airplanes)’’ reads, ‘‘If

the material thickness is between 0.028—

0.034 inches[,] send the damaged heat

exchanger and your inspection results to

Boeing.’’ The number ‘‘0.034’’ should read

‘‘0.038.’’

Alternative Methods of Compliance

(c) 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 4: 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

(d) 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.

Incorporation by Reference

(e) The actions shall be done in accordance

with Boeing Alert Service Bulletin 747–

21A2412, dated January 20, 2000. 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 the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

Effective Date

(f) This amendment becomes effective on

June 8, 2000.

Issued in Renton, Washington, on May 15,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–12671 Filed 5–22–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 388

[Docket No. RM00–8–000; Order No. 640]

Revision of Public Reference Room

Procedures for Record Requests

May 17, 2000.

AGENCY: Federal Energy Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Federal Energy

Regulatory Commission is updating its

regulation at part 388 governing fees for

paper copies of records available in its

Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations 33447

1 18 CFR Part 388.

2The fee schedule will be available at

www.ferc.fed.us/public/pubref1.htm.

3 5 U.S.C. 601–612.

4 5 U.S.C. 601(3), citing to section 3 of the Small

Business Act, 15 U.S.C. 632. Section 3 of the Small

Business Act defines a ‘‘small-business concern’’ as

a business which is independently owned and

operated and which is not dominant in its field of

operation.

Public Reference Room. Until now, to

enable requesters to determine whether

they wished to order lengthy

Commission documents before having

to pay for their entire request, the

Commission would provide paper

copies of up to ten pages free of charge.

Now, however, because Commission

documents may be previewed

electronically over the Internet and in

the Public Reference Room, the

Commission is eliminating its existing

rule providing for up to ten pages

without charge. The Commission is also

providing that the schedule of fees for

finding and duplicating records from

the Public Reference Room will be

available on the Commission’s Web site.

EFFECTIVE DATE: This Final Rule is

effective June 23, 2000.

FOR FURTHER INFORMATION CONTACT:

Katherine Waldbauer (Legal

Information) Office of General

Counsel, Federal Energy Regulatory

Commission, 888 First Street, NE

Washington, DC 20426 Telephone:

(202) 208–0232

Katherina Quijada-Cusack (Technical

Information), Office of the Chief

Information Officer, Federal Energy

Regulatory Commission, 888 First

Street, NE Washington, DC 20426,

Telephone: (202) 208–1748

SUPPLEMENTARY INFORMATION:

I. Introduction

The Federal Energy Regulatory

Commission (the Commission) is

updating its regulation at Part 388 1

governing fees for paper copies of

records available in its Public Reference

Room. The Commission is eliminating

its existing rule that, as to documents

from the Commission’s Records and

Management Information System

(RIMS) which may be viewed

electronically, requesters may obtain

requests consisting of ten or fewer pages

without charge. The Commission is also

providing that the schedule of fees for

finding and duplicating records from

the Public Reference Room will be

available on the Commission’s Web

site.2

II. Background and Discussion

Section 388.109(a)(4) of the

Commission’s regulations currently

states that ‘‘[t]he public may purchase

hard copies of certain documents from

the Commission’s Records Management

and Information System (RIMS). The fee

is 15 cents per page. There will be no

charge for requests consisting of ten or

fewer pages.’’ RIMS is a database

containing the indexes and images of

documents submitted to and issued by

the Commission since November 16,

1981. It consists of (a) an electronic

database consisting of the scanned-in

images of the majority of documents

submitted to and issued by the

Commission since November 1995 and

(b) the majority of documents from 1981

until November 1995 which are

available only on microform, a data

storage system which includes

microfilm and aperture cards. All RIMS

documents designated as ‘‘public

documents’’ are available to the general

public, and the majority of RIMS public

documents are accessible for viewing

and printing through the Commission’s

Web site free of charge. This rule will

eliminate the practice of providing,

without charge, paper copies of ten or

fewer pages from documents that are

available electronically from RIMS.

Beginning in July 1994, the

Commission began scanning images of

selected documents into the RIMS

electronic database, gradually phasing

in additional documents. Since July,

1994, the Commission has accumulated

a sizeable library of imaged documents.

As of February 2000, RIMS contained

470,753 documents comprised of

7,945,632 pages. In addition, the

Commission recently enhanced RIMS

further to include an improved print

capability which allows easier printing

of large blocks of pages and higher

quality output. Until April 1998, the

general public could only obtain

documents from RIMS by contacting or

going to the Public Reference Room.

Since that date the RIMS electronic

database has been available through the

Commission’s Web site, and all of the

documents scanned into the RIMS

electronic database are now available for

viewing and printing through that

means. Users with computers who are

able to access the Internet are able to

view images and print images to their

personal printers at no cost.

Before the Commission made access

to the RIMS electronic database

available through the Internet, the

documents could not be viewed prior to

being printed. The Commission’s

regulations, therefore, allowed

individuals to request up to ten pages of

a document to be printed from

microform without charge to determine

if the document, or a portion thereof,

was what was actually needed by the

requester. Now, however, in addition to

having RIMS available in the Public

Reference Room, the majority of

documents requested from RIMS—

namely, those available on the RIMS

electronic database—can be viewed by

the public on the Commission’s Web

site without charge. Images of scanned

documents may now be previewed, and

users can print scanned documents

directly to their own printers.

Alternatively, users still may come to

the Public Reference Room to view

images on publicly-available computers.

Given that previewing of documents can

now be done electronically, the

Commission is eliminating the practice

of printing ten or fewer pages for free for

documents that are available for

preview in the RIMS electronic

database.

The elimination of the current

procedure allowing requesters to obtain

print requests of ten or fewer pages

without charge will have a minimal

effect on the public’s ability to obtain

public records from the Commission,

since it will affect only requests which

under the revised rule would cost at

most $1.50 per request. Elimination of

this procedure will also prevent

requesters using the Public Reference

Room from submitting multiple requests

at the same time, each seeking portions

of a document or documents, solely in

order to avoid payment of fees.

Certain documents (from 1981 until

approximately November 1995) are

available only on microform. Because

documents stored on microform cannot

be viewed via the Internet, requesters of

documents from RIMS that are only

available on microform will not be

charged for requests consisting of ten or

fewer pages.

The fee schedule is available upon

request from staff of the Public

Reference Room. The Commission will

also publish the fee schedule on the

Commission’s Web site.

III. Regulatory Flexibility Act

Statement

The Regulatory Flexibility Act (RFA) 3

requires rulemakings to contain either a

description and analysis of the effect

that the Final Rule will have on small

entities 4 or a certification that the rule

will not have a significant economic

impact on a substantial number of small

entities.

This Final Rule eliminates a

requester’s ability to obtain from the

Commission documents that can be

previewed from RIMS without charge if

the request consists of ten or fewer

pages, and provides that the Public

Reference Room will publish its fee

33448 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations

5When this rule goes into effect, the Web page

will display a fee schedule for services provided by

FERC staff at www.ferc.fed.us/public/pubref1.htm.

The Web site currently lists the fee schedule for

additional services provided by the Commission’s

on-site photocopying contractor, RVJ International,

Inc., including self-service photocopying at 25 cents

per page, at www.ferc.fed.us/public/isd/rvj.htm.

6Order No. 486, 52 FR 47897 (Dec. 17, 1987);

FERC Stats. & Regs. [Regulations Preambles 1986–

1990]¶ 30,783 (Dec. 10, 1984) (codified at 18 CFR

Part 380).

7 18 CFR 380.4(a)(1).

8 5 CFR part 1320.

9 5 U.S.C. 551–706.

10 5 U.S.C. 553(b)(A).

11 5 U.S.C. 804(3)(C).

schedule on the Commission’s Web site.

The majority of requesters of documents

who will be affected by this Final Rule,

both large and small entities, are already

able to view and print documents from

RIMS from the Commission’s Web site

without charge, and those requesters

without Internet access are free to use

the computers in the Public Reference

Room without charge to preview RIMS

documents. The Commission will

continue not to charge requesters of

documents only available from RIMS

microform for requests consisting of ten

or fewer pages.

Publishing the fee schedule on the

Web site makes it more readily available

to requesters and is consistent with the

current practice of publishing the fee

schedule of the contractor who provides

photocopying and other services to the

public in the Public Reference Room on

the Commission’s Web site.5 These fee

schedules are also available upon

request from the staff of the Public

Reference Room.

The Commission certifies that this

rule will not have a significant

economic impact on a substantial

number of small entities.

IV. Environmental Statement

Commission regulations require that

an environmental assessment or an

environmental impact statement be

prepared for any Commission action

that may have a significant adverse

effect on the human environment.6 No

environmental consideration is

necessary for the promulgation of a rule

that is procedural, ministerial, or related

to internal administrative and

management actions.7 The Final Rule

changes are procedural in nature and do

not substantially change the effect of the

underlying legislation or regulations

being amended. Accordingly, no

environmental consideration is

necessary.

V. Information Collection Statement

Regulations promulgated by the Office

of Management and Budget (OMB)

require that OMB approve certain

information collection requirements

imposed by agency rule.8 This Final

Rule contains no information reporting

requirements, and is not subject to these

OMB regulations.

VI. Administrative Findings Statement

The Administrative Procedure Act

(APA) 9 generally requires agencies to

provide notice of proposed rules and

opportunity of public comment thereon,

but the notice and comment

requirement does not apply to ‘‘rules of

agency organization, procedure, or

practice.’’ 10 This Final Rule does not

substantially alter the right of members

of the public to obtain documents.

Therefore, this is a rule of agency

organization, procedure or practice for

which notice and comment is not

required.

VII. Congressional Notification and

Effective Date

The provisions of 5 U.S.C. 801

regarding Congressional review of Final

Rules do not apply to this Final Rule

because the rule concerns agency

procedure and practice. The Final Rule

will not substantially affect the rights

and obligations of non-agency parties.11

Therefore, this Final Rule is effective

June 23, 2000.

VIII. Document Availability

In addition to publishing the full text

of this document in the Federal

Register, the Commission provides all

interested persons an opportunity to

view and/or print the contents of this

document via the Internet through

FERC’s Web site (http://

www.ferc.fed.us) and in FERC’s Public

Reference Room during normal business

hours (8:30 a.m. to 5:00 p.m. Eastern

time) at 888 First Street, NE., Room 2A,

Washington, DC 20426.

From FERC’s Home Page on the

Internet, this information is available in

both the Commission Issuance Posting

System (CIPS) and the Records and

Information Management System

(RIMS).

• CIPS provides access to the texts of

formal documents issued by the

Commission since November 14, 1994.

CIPS can be accessed using the CIPS

link or the Energy Information Online

icon. The full text of this document will

be available on CIPS in ASCII and

WordPerfect 8.0 format for viewing,

printing, and/or downloading.

• RIMS contains images of documents

submitted to and issued by the

Commission after November 16, 1981.

Documents from November 1995 to

present can be viewed and printed from

FERC’s Home Page using the RIMS link

or the Energy Information Online icon.

Descriptions of documents back to

November 16, 1981, are also available

from RIMS-on-the-Web; requests for

copies of these and other older

documents should be submitted to the

Public Reference Room.

User assistance is available for RIMS,

CIPS, and the Web site during normal

business hours from our Help Line at

(202) 208–2222 (E-Mail to

web.master@ferc.fed.us) or the Public

Reference Room at (202) 208–1371 (EMail to

public.referenceroom@ferc.fed.us).

During normal business hours,

documents can also be viewed and/or

printed in FERC’s Public Reference

Room, where RIMS, CIPS, and the FERC

Web site are available. User assistance is

also available.

List of Subjects in 18 CFR Part 388

Confidential business information,

Freedom of information

By the Commission.

Linwood A. Watson, Jr.,

Acting Secretary.

In consideration of the foregoing, the

Commission amends part 388, title 18,

of the Code of Federal Regulations as

follows:

PART 388—INFORMATION AND

REQUESTS

1. The authority citation for part 388

continues to read as follows:

Authority: 5 U.S.C. 301–305, 551, 552 (as

amended), 553–557; 42 U.S.C. 7101–7352.

2. In § 388.109, paragraph (a)(4) is

revised and paragraph (a)(6) is added as

follows:

§ 388.109 Fees for record requests.

(a) * * *

(4)(i) The public may purchase hard

copies of documents available in

electronic form from the Commission’s

Records and Information Management

System (RIMS) for 15 cents per page.

(ii) The public may purchase hard

copies of documents that are available

on microform from RIMS for 15 cents

per page. There will be no fee for

requests for RIMS microform documents

consisting of ten or fewer pages.

* * * * *

(6) The fee schedule for Commission

documents is available on the

Commission’s Web site at

www.ferc.fed.us.

* * * * *

[FR Doc. 00–13006 Filed 5–23–00; 8:45 am]

BILLING CODE 6717–01–P