Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Proposed Rules 40549

Directives Branch, Division of

Administrative Services, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001.

You may also provide comments via

the NRC’s interactive rulemaking

website at http://ruleforum.llnl.gov.

This site provides the capability to

upload comments as files (any format),

if your web browser supports that

function. For information about the

interactive rulemaking website, contact

Ms. Carol Gallagher, (301) 415–5905 (email: CAG@nrc.gov).

FOR FURTHER INFORMATION CONTACT:

David L. Meyer, Office of

Administration, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

Telephone: 301–415–7162 or Toll-free:

1–800–368–5642 or E-mail:

DLM1@NRC.GOV.

SUPPLEMENTARY INFORMATION:

Background

On May 3, 2000, the NRC docketed an

April 20, 2000, letter from Thomas B.

Cochran, Ph.D., Director, Nuclear

Program, Wade Green Chair for Nuclear

Policy, NRDC, to the Honorable Richard

A. Meserve, Chairman, U.S. Nuclear

Regulatory Commission, as a petition for

rulemaking under 10 CFR 2.802. In this

letter, Dr. Cochran requested that the

NRC issue regulations under the

provisions of 10 CFR 2.206 that would

require an individual to report illegal

payments to regulators if the individual

has knowledge or evidence of the illegal

payments. The petitioner requests that

an individual who fails to make such a

report not be issued a license or allowed

to retain a license. The § 2.206 process

is applicable to actions that would

suspend, modify, or revoke a license.

Requests to add, amend, or remove a

regulation are processed under 10 CFR

2.802. Therefore, Dr. Cochran’s request

was docketed under the procedures

applicable to petitions for rulemaking

contained in § 2.802.

The Petition

The petitioner references a letter from

the NRC to an individual indicating that

the NRC will take no further action on

its Demand for Information dated July

12, 1999 (EA 99–180). The Demand for

Information sought information that

would allow the NRC to determine

whether it needed to take any action

concerning the individual or the

licensee for which the individual was

president. The matter in question

concerned payments made by the

individual to an official of an

Agreement State regulatory body that

was responsible for issuing licensees

and overseeing activities related to the

individual’s license.

The petitioner characterizes this letter

as indicating the Commission’s apparent

satisfaction with mere assurances from

the individual that the individual will

act with the candor and integrity that is

required of NRC licensees despite what

the petitioner states are the individual’s

unlawful actions and failure to notify

Federal or State officials of the

potentially criminal activities of a

regulator.

The petitioner states that the NRC’s

action does little to quell his concerns

about safeguarding the nuclear

regulatory process to prevent a

recurrence of this type of action. The

petitioner asserts that the only

reasonable response to the admitted

participation of the individual in a

blatantly corrupt scheme with a top

nuclear official in an Agreement State

would have been to bar the individual

from any further involvement in NRClicensed activities for life. The

petitioner also states that the least the

NRC could have done following what

the petitioner characterized as a

protracted process would be to provide

a fully reasoned justification for its

decision to allow the individual to

return to his position in running a

licensed company.

The Requested Action

The petitioner is concerned that the

reinstatement of the individual

establishes an extremely dangerous

precedent from a regulatory perspective.

Therefore, the petitioner requests that

the NRC promulgate the following as an

NRC regulation:

No licensee (sic) shall be issued to, or

retained by, any person who, or any

organization whose principal owner, officer,

or senior manager, has engaged in, or has

knowledge or evidence pertaining to, but

fails to promptly report that knowledge or

evidence to the NRC, bribery of, or extortion

by, any Federal, State or other regulatory

official involved in the review or approval of,

or continuing oversight over, the license

activities, or license applications; or any

person who, or any organization whose

principal owner, officer, or senior manager,

has acted in any manner that flagrantly

undermines the integrity of the regulatory

process of the NRC or that of an Agreement

State.

Dated at Rockville, Maryland, this 23rd day

of June, 2000.

For the Nuclear Regulatory Commission.

Annette Vietti-Cook,

Secretary of the Commission.

[FR Doc. 00–16649 Filed 6–29–00; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–202–AD]

RIN 2120–AA64

Airworthiness Directives; Short

Brothers Model SD3–60 SHERPA

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to all Short

Brothers Model SD3–60 SHERPA series

airplanes, that currently requires a onetime visual inspection to determine the

part number of the power control cable

assemblies and pulleys of the engine

controls; and replacement of the power

control cable assemblies and pulleys (as

applicable) with new parts, if necessary.

This action would require

accomplishment of the inspection and

replacement in accordance with revised

procedures. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent breakage of the

power control cable assemblies due to

the inflexible construction of the cable,

which could result in loss of engine

power and consequent reduced

controllability of the airplane.

DATES: Comments must be received by

July 31, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

202–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 also be sent

via the Internet using the following

address: 9-anm-nprmcomment@faa.gov.

Comments sent via the Internet must

contain ‘‘Docket No. 2000–NM–202-

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

Short Brothers, Airworthiness &

Engineering Quality, P.O. Box 241,

40550 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Proposed Rules

Airport Road, Belfast BT3 9DZ,

Northern Ireland. This information may

be examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Norman B. Martenson, Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

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–202–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–202–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

On January 28, 1999, the FAA issued

AD 99–03–06, amendment 39–11020 (64

FR 5588, February 4, 1999), applicable

to all Short Brothers Model SD3–60

SHERPA series airplanes, to require a

one-time visual inspection to determine

the part number of the power control

cable assemblies and pulleys of the

engine controls; and replacement of the

power control cable assemblies and

pulleys (as applicable) with new parts,

if necessary. That action was prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

requirements of that AD are intended to

prevent breakage of the power control

cable assemblies due to the inflexible

construction of the cable, which could

result in loss of engine power and

consequent reduced controllability of

the airplane.

Actions Since Issuance of Previous Rule

Since the issuance of that AD, the

manufacturer has determined that

certain pulleys were inadvertently

omitted from the service bulletin

referenced for accomplishing the

required inspection and replacement of

the pulleys. Accordingly, the

manufacturer has issued a revision to

the service bulletin to provide corrected

procedures for accomplishment of the

inspection and replacement.

Explanation of Relevant Service

Information

The manufacturer has issued Shorts

Service Bulletin SD3–60 SHERPA–76–1,

Revision 2, dated March 21, 2000. This

service bulletin contains procedures

similar to those in the original issue of

the service bulletin, dated July, 1998,

and Revision 1, dated October 14, 1998,

which were referenced as the

appropriate sources of service

information in AD 99–03–06. However,

Revision 2 adds procedures for

inspecting and replacing two additional

pulleys, clarifies certain other

procedures for accomplishment of the

actions, and clarifies the recommended

compliance time. The Civil Aviation

Authority (CAA), which is the

airworthiness authority for the United

Kingdom, classified this service bulletin

as mandatory in order to assure the

continued airworthiness of these

airplanes in the United Kingdom.

FAA’s Conclusions

This airplane model is manufactured

in the United Kingdom and is type

certificated for operation in the United

States under the provisions of section

21.29 of the Federal Aviation

Regulations (14 CFR 21.29) and the

applicable bilateral airworthiness

agreement. Pursuant to this bilateral

airworthiness agreement, the CAA has

kept the FAA informed of the situation

described above. The FAA has

examined the findings of the CAA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of

Proposed Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, the proposed AD would

supersede AD 99–03–06 to require a

one-time inspection to determine the

part number of the power control cable

assemblies and pulleys of the engine

controls; and replacement of the power

control cable assemblies and pulleys (as

applicable) with new parts, if necessary.

The actions would be required to be

accomplished in accordance with the

revised service bulletin described

previously.

Cost Impact

The FAA estimates that

approximately 28 airplanes of U.S.

registry would be affected by this

proposed AD, that it would take

approximately 15 work hours 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

$25,200, or $900 per airplane.

The cost impact figure discussed

above is 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. 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

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Proposed Rules 40551

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

removing amendment 39–11020 (64 FR

5588, February 4, 1999), and by adding

a new airworthiness directive (AD), to

read as follows:

Short Brothers, Plc: Docket 2000–NM–202–

AD. Supersedes AD 99–03–06,

Amendment 39–11020.

Applicability: All Model SD3–60 SHERPA

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 (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 prevent breakage of the power control

cable assemblies due to the inflexible

construction of the cable, which could result

in loss of engine power and consequent

reduced controllability of the airplane,

accomplish the following:

Inspection and Corrective Actions

(a) At the next scheduled heavy

maintenance inspection, but no later than

1,200 flight hours after the effective date of

this AD: Perform a one-time inspection to

determine the part number (P/N) of the

power control cable assemblies and pulleys

of the engine controls, in accordance with

Part A of the Accomplishment Instructions of

Shorts Service Bulletin SD3–60 SHERPA–76–

1, Revision 2, dated March 21, 2000.

(1) If any power control cable assembly

having P/N SD3–47–1091 or SD3–47–1094 is

found, prior to further flight, replace the

power control cable assembly with a new

power control cable assembly in accordance

with Part B of the Accomplishment

Instructions of the service bulletin.

(2) If any pulley having P/N C181605 is

found, prior to further flight, replace the

pulley with a new pulley in accordance with

Part C of the Accomplishment Instructions of

the service bulletin.

Spares

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

person shall install on the engine controls of

any airplane a cable assembly having P/N

SD3–47–1091 or SD3–47–1094, or any pulley

having P/N C181605.

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,

International Branch, ANM–116, 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, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Manager, International

Branch, ANM–116.

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.

Issued in Renton, Washington, on June 26,

2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–16646 Filed 6–29–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–10–AD]

RIN 2120–AA64

Airworthiness Directives; Israel

Aircraft Industries, Ltd., Model Astra

SPX and 1125 Westwind Astra 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

Israel Aircraft Industries, Ltd., Model

Astra SPX and 1125 Westwind Astra

series airplanes. This proposal would

require a one-time inspection of the

position of the aileron autopilot servo

and attachment arm; follow-on actions;

and corrective actions, if necessary; and

installation of a stopper angle on the

servo bracket. This action is necessary

to prevent the control link of the aileron

autopilot servo from being driven

overcenter, which could result in roll

oscillations when the autopilot is

engaged. This action is intended to

address the identified unsafe condition.

DATES: Comments must be received by

July 31, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

10–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 also be sent

via the Internet using the following

address: 9-anm-nprmcomment@faa.gov.

Comments sent via the Internet must

contain ‘‘Docket No. 2000-NM–10–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

Galaxy Aerospace Corporation, One

Galaxy Way, Fort Worth Alliance

Airport, Fort Worth, Texas 76177. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.