39578 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules

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:

Empresa Brasileira de Aeronautica S.A.

(EMBRAER): Docket 2000–NM–122–AD.

Applicability: Model EMB–120, EMB–

120ER, and EMB–120RT series airplanes;

serial numbers 120004 and 120006 through

120321 inclusive; certificated in any

category; on which EMBRAER Service

Bulletin 120–24–0051, dated March 1, 1994,

Revision 1, dated May 5, 1994, Revision 2,

dated May 31, 1994, Revision 3, dated

November 3, 1994, or Revision 4, dated

March 8, 1995, or the production equivalent,

has been accomplished.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise 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 contact

between one of the bolts that attaches the

direct current (DC) relay box on the left-hand

(LH) side of the airplane (hereinafter referred

to as the ‘‘LH DC relay box’’) and one of the

power terminals of electrical emergency

contactor 2 (K0519), which could result in a

short circuit in the LH DC relay box, and

consequent partial loss of the electrical

system, and degraded operation of airplane

systems, accomplish the following:

Bolt/Washer Removal and Hole Sealing

(a) Within 75 flight hours after the effective

date of this AD, remove the bolt and washer

on the LH DC relay box that is in the area

of electrical emergency contactor 2 (K0519)

and seal the corresponding fastener hole, in

accordance with EMBRAER Alert Service

Bulletin 120–24–A057, dated November 14,

1996. If no fastener is installed, seal the

corresponding fastener hole only, in

accordance with the alert service bulletin.

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, Atlanta

Aircraft Certification Office (ACO), FAA,

Small 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, Atlanta ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Atlanta 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.

Note 3: The subject of this AD is addressed

in Brazilian airworthiness directive 96–12–

02, dated December 13, 1996.

Issued in Renton, Washington, on June 21,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–16236 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–132–AD]

RIN 2120–AA64

Airworthiness Directives; Learjet

Model 45 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Learjet Model 45 series

airplanes. This proposal would require

repetitive application of grease to the

rotating disk assembly of the nose

landing gear squat switch mechanism.

Application of grease to the squat

switch assembly is necessary to prevent

moisture contamination and subsequent

formation of ice. Such ice formation

could result in bending or damaging of

the nose landing gear squat switch

assembly, which could drive the nose

wheel to an uncommanded angle

against the force of the steering system.

This condition, if not corrected, could

result in the airplane departing from the

runway at high speeds during landing.

DATES: Comments must be received by

August 11, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

132–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may be submitted

via fax to (425) 227–1232. Comments

may also be sent via the Internet using

the following address: 9-anmnprmcomment@faa.gov. Comments sent

via fax or the Internet must contain

‘‘Docket No. 2000-NM–132-AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

the proposed rule may be obtained from

Learjet Inc., One Learjet Way, Wichita,

Kansas 67209–2942. This information

may be examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, Small Airplane Directorate,

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules 39579

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas.

FOR FURTHER INFORMATION CONTACT:

Shane Bertish, Aerospace Engineer,

Systems and Equipment Branch, ACE–

116W, FAA, Small Airplane Directorate,

Wichita Aircraft Certification Office,

1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas

67209; telephone (316) 946–4156; fax

(316) 946–4407.

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.

Submit comments using the following

format:

• Organize comments issue-by-issue.

For example, discuss a request to

change the compliance time and a

request to change the service bulletin

reference as two separate issues.

• For each issue, state what specific

change to the proposed AD is being

requested.

• Include justification (e.g., reasons or

data) for each request.

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 2000–NM–132–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.

2000–NM–132–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The manufacturer of Learjet Model 45

series airplanes has conducted tests in

a laboratory that indicate a potential

unsafe condition exists involving

damage or bending of the squat switch

assembly of the nose landing gear.

Freezing of moisture in the squat switch

assembly may cause restriction of

movement of the subcomponents of the

assembly and result in bending or

damage of the squat switch assembly. (If

certain movement is restricted, the loads

imposed from the nose landing gear

exceed the structural capability of the

squat switch assembly and bending and

damage occur.) The laboratory tests

indicate that appropriate application of

grease to the squat switch assembly will

prevent moisture contamination of the

assembly. Bending and damage of the

squat switch assembly could result in

driving the nose wheel to an

uncommanded angle against the force of

the steering system. This condition, if

not corrected, could result in the

airplane departing from the runway at

high speeds during landing.

Explanation of Relevant Service

Information

The FAA has reviewed and approved

Bombardier Aerospace Service

Information Letter SIL 32–016, dated

March 30, 2000, which describes

procedures for lubricating the rotatingdisc assembly of the nose landing gear

squat switch mechanism.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other products of this same

type design, the proposed AD would

require accomplishment of the actions

specified in the service information

described previously.

Interim Action

This is considered to be interim

action. The manufacturer has advised

that it currently is developing a

modification that will positively address

the unsafe condition addressed by this

AD. Once this modification is

developed, approved, and parts are

available, the FAA may consider

additional rulemaking.

Cost Impact

There are approximately 69 Learjet

Model 45 series airplanes of the affected

design in the worldwide fleet. The FAA

estimates that 45 airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 1 work hour per airplane

to accomplish the proposed actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the proposed AD on U.S.

operators is estimated to be $2,700, or

$60 per airplane, per application.

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 proposed AD were not adopted. The

cost impact figures discussed in AD

rulemaking actions represent only the

time necessary to perform the specific

actions actually required by the AD.

These figures typically do not include

incidental costs, such as the time

required to gain access and close up,

planning time, or time necessitated by

other administrative actions.

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:

39580 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Proposed Rules

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:

Learjet: Docket 2000–NM–132–AD.

Applicability: Model 45 series airplanes,

serial numbers 45–001 through 45–114

inclusive, 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 the airplane from departing the

runway at high speeds during landing due to

bending and damage to the squat switch

assembly of the nose landing gear;

accomplish the following:

Application of Grease

(a) Within 30 days after the effective date

of this AD, apply grease to the rotating disk

assembly of the squat switch mechanism of

the nose wheel in accordance with

Bombardier Aerospace Service Information

Letter SIL 32–016, dated March 30, 2000.

Thereafter, repeat this application at intervals

not to exceed 30 days.

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, Wichita

Aircraft Certification Office (ACO), FAA,

Small 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, Wichita ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

Special Flight Permit

(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 June 21,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–16235 Filed 6–26–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AJ55

Certification of Evidence for Proof of

Service

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs (VA) adjudication regulations

concerning the nature of evidence that

VA will accept as proof of military

service. Currently, VA will only accept

original service documents or copies of

service documents issued by the service

department or by a public custodian of

records. This change would authorize

VA to accept photocopies of service

documents as evidence of military

service if they are certified to be true

copies of documents acceptable to VA

by an accredited agent, attorney, or

service organization representative who

has successfully completed VAprescribed training on military records.

The intended effect of this amendment

is to streamline the processing of claims

for benefits.

DATES: Comments must be received on

or before August 28, 2000.

ADDRESSES: Mail or hand deliver written

comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Ave., NW., Room 1154,

Washington, DC 20420; or fax comments

to (202) 273–9289; or e-mail comments

to ‘‘OGCRegulations@mail.va.gov’’.

Comments should indicate that they are

submitted in response to ‘‘RIN 2900–

AJ55.’’ All comments received will be

available for public inspection in the

Office of Regulations Management,

Room 1158, between the hours of 8:00

a.m. and 4:30 p.m., Monday through

Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Bill

Russo, Regulations Staff, Compensation

and Pension Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW., Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: The

cornerstone of eligibility to VA benefits

is active military, naval or air service.

VA regulations at 38 CFR 3.203

establish the nature of the evidence VA

will accept as proof of active military

service. In general, those regulations

require original service documents; VA

will accept copies of those documents

only if the copies are issued by the

military service department or by a

public custodian of records.

VA has initiated a business process

reengineering (BPR) effort to improve

the adjudication of claims for VA

benefits. Two goals of this BPR effort are

to establish a partnership with VA

accredited representatives and to

improve the timeliness of claims

processing. Therefore, VA proposes to

accept copies of discharge documents as

evidence of military service, if they are

certified as being true and exact copies

of the originals by an accredited agent,

attorney, or service organization

representative who has successfully

completed VA-prescribed training on

military records.

We propose to amend 38 CFR 3.203

to allow VA to accept photocopies of

service documents as proof of service if

they are certified by a claimant’s

representative who has successfully

completed VA-prescribed training on

military records, to be true copies of the

original documents. This proposed

amendment will help streamline claims

processing because it will reduce the

number of instances where VA must

seek verification of military service from

the service department. We believe this

can be done without compromising

program integrity.

Under this proposed amendment, the

claimant’s representative must certify

that the document is a true and exact

copy either of an original document or

of a copy issued by the service

department or a public custodian of

records.

However, under the amendment, VA

would accept such certification only

from VA accredited representatives who

have successfully completed VAprescribed training. These are

representatives who, under the

authority of 38 U.S.C. 5902 and 5904

and 38 CFR 14.626–14.629, the

Secretary has authorized to prepare,

present, and prosecute claims under

laws administered by VA. Specifically,

this includes accredited agents,

attorneys, or accredited representatives

of service organizations recognized by

VA.

The Secretary hereby certifies that the

adoption of the proposed rule would not

have a significant economic impact on

a substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–612.