36442 Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Proposed Rules 

prevent engine shaft failure and propeller 

detachment, which could result in damage to 

the glider and injury to persons on the 

ground. 

(f) Actions and Compliance 

Unless already done, do the following 

actions in paragraphs (f)(1) through (f)(4) of 

this AD. 

(1) As of November 25, 2013 (the effective 

date retained from AD 2013–22–14), do not 

operate the engine unless the engine is 

modified following instructions that are 

approved by the FAA specifically for AD 

2013–22–14. Contact the FAA office 

identified in paragraph (g)(1) of this AD to get 

more information about obtaining such 

instructions. 

(2) As of November 25, 2013 (the effective 

date retained from AD 2013–22–14), place a 

copy of AD 2013–22–14 or this AD into the 

Limitations section of the aircraft flight 

manual (AFM). 

(3) To remove the prohibited engine 

operation requirement in paragraph (f)(1) of 

this AD, modify the engine as specified in the 

Actions paragraph of Solo Kleinmotoren 

GmbH Technische Mitteilung Service 

Bulletin Nr. 4603–14, dated April 28, 2014, 

unless already modified with FAA-approved 

instructions as specified in paragraph (f)(1) of 

this AD. 

Note 1 to paragraph (f)(3) of this AD: This 

service information contains German to 

English translation. The European Aviation 

Safety Agency (EASA) used the English 

translation in referencing the document. For 

enforceability purposes, we will refer to the 

Solo Kleinmotoren GmbH service 

information as the title appears on the 

document. 

(4) Prior to further flight after modifying 

the engine as specified in paragraph (f)(1) or 

paragraph (f)(3) of this AD, remove the 

engine operation restriction (copy of AD 

2013–22–14) from the Limitations section of 

the AFM. 

(g) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090; email: jim.rutherford@faa.gov. Before 

using any approved AMOC on any glider to 

which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(h) Related Information 

Refer to MCAI EASA AD No.: 2013– 

0217R1, dated May 5, 2014, for related 

information. You may examine the MCAI on 

the Internet at http://www.regulations.gov by 

searching for and locating Docket No. FAA– 

2013–0929. For service information related to 

this AD, contact Solo Kleinmotoren GmbH, 

Postfach 60 01 52, D 71050 Sindelfingen, 

Germany; telephone: +49 07031–301–0; fax: 

+49 07031–301–136; email: aircraft@sologermany.com; Internet: http://aircraft.soloonline.com. You may view this referenced 

service information at the FAA, Small 

Airplane Directorate, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

Issued in Kansas City, Missouri, on June 

19, 2014. 

Timothy Smyth, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–15058 Filed 6–26–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0742; Directorate 

Identifier 2013–CE–012–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: This document withdraws a 

notice of proposed rulemaking (NPRM) 

that would have applied to certain Piper 

Aircraft, Inc. Models PA–28–140, PA– 

28–150, PA–28–160, PA–28–180, PA– 

28R–180, and PA–28R–200 airplanes. 

The proposed airworthiness directive 

(AD) would have superseded AD 71– 

21–08, Amendment 39–1312, which 

currently requires replacement of the 

fuel selector valve cover. This proposed 

AD would have added additional 

airplanes to the AD’s applicability 

section and changed the compliance 

time of the required actions. Since 

issuance of the NPRM, the FAA has reevaluated this airworthiness concern 

and determined that an unsafe 

condition does not exist that would 

warrant AD action. This withdrawal 

does not prevent the FAA from 

initiating future rulemaking on this 

subject. 

DATES: As of June 27, 2014, the 

proposed rule published August 20, 

2013 (78 FR 51121), is withdrawn. 

FOR FURTHER INFORMATION CONTACT: Gary 

Wechsler, Aerospace Engineer, Atlanta 

Aircraft Certification Office, FAA, 1701 

Columbia Avenue, College Park, Georgia 

30337; telephone: (404) 474–5575; fax: 

(404) 474–5606; email: gary.wechsler@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to Piper Aircraft, Inc. Models PA– 

28–140, PA–28–150, PA–28–160, PA– 

28–180, PA–28R–180, and PA–28R–200 

airplanes. That NPRM published in the 

Federal Register on August 20, 2013 (78 

FR 51121). That NPRM proposed to 

supersede AD 71–21–08, Amendment 

39–1312 (36 FR 19572, October 8, 1971), 

by adding airplanes to and changing the 

compliance time of AD 71–21–08 fuel 

selector valve cover replacement 

requirements. 

Because of the comments received on 

the NPRM (78 FR 51121, August 20, 

2013), the FAA re-evaluated the data 

collected on the safety concern and 

concluded that: 

• There was evidence of pilot 

inexperience and an absence of fuel 

selector valve maintenance (in 

accordance with Piper Service Bulletin 

355, dated June 5, 1972) in the Piper 

PA–28–180 crash of December 28, 2011; 

and 

• The low frequency of PA–28 series 

safety events due to the inadvertent 

selection of the ‘‘OFF’’ position of fuel 

selector valves, since AD 71–21–08 was 

published on October 13, 1971, does not 

warrant AD action. 

To mitigate the safety concern from 

recurring, the FAA may take other 

airworthiness action such as a special 

airworthiness information bulletin 

(SAIB) to recommend the actions 

contained in the proposed rule and 

capture the concerns identified by the 

public during the NPRM (78 FR 51121, 

August 20, 2013) comment period. 

Withdrawal of this NPRM (78 FR 

51121, August 20, 2013) constitutes 

only such action and does not preclude 

the agency from issuing future 

rulemaking on this issue, nor does it 

commit the agency to any course of 

action in the future. 

Regulatory Findings 

Since this action only withdraws an 

NPRM, it is neither a proposed nor a 

final rule and therefore, is not covered 

under Executive Order 12866, the 

Regulatory Flexibility Act, or DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979). 


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Federal Register / Vol. 79, No. 124 / Friday, June 27, 2014 / Proposed Rules 36443 

1See 52 FR 10011 (March 27, 1987). 

2 Id. at 10015. 

3 Id. at 10018. 

4 Id. 

5As per the OMB Guidelines, fees for searches of 

computerized records will continue to be based on 

the actual cost to the Commission which includes 

machine and operator time. 17 CFR 200.80(e)(9)(i). 

6The SK–8 and below rate is estimated using the 

maximum and minimum annual salary of a 

Washington, DC-based SK–6 staffer. For 2014 this 

is [($41,619 + $63,307)/2][1/2087 hours per 

year][1.16 OMB markup factor] = $29 per hour. 

Similarly, the SK–9 through SK–13 category is 

estimated by using the max and min annual salary 

of a Washington, DC-based SK–12 staffer, who 

typically does most of the work of a FOIA request. 

For 2014 this is [($82,037 + $138,211)/2][1/2087 

hours/year][1.16 OMB markup factor] = $61/hour. 

Finally, the SK–14 and above category is estimated 

by using the max and min salary of a Washington, 

DC-based SK–15 supervisor. For 2014 this is 

[($118,743 + $200,033)/2][1/2087 hours per 

year][1.16 OMB markup factor] = $89/hour. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

Accordingly, the notice of proposed 

rulemaking (NPRM), FAA–2013–0742, 

published in the Federal Register on 

August 20, 2013 (78 FR 51121), is 

withdrawn. 

Issued in Kansas City, Missouri, on June 

19, 2014. 

Timothy Smyth, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–15139 Filed 6–26–14; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–72440; File No. S7–07–14] 

RIN 3235–AL58 

Freedom of Information Act 

Regulations: Fee Schedule, Addition of 

Appeal Time Frame, and Miscellaneous 

Administrative Changes 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’ or ‘‘SEC’’) 

is publishing for comment proposed 

amendments to the Commission’s 

regulations under the Freedom of 

Information Act (‘‘FOIA’’) to allow the 

Commission to collect fees that reflect 

its actual costs, add an appeals time 

frame that will create a more practical 

and systematic administrative process 

and clarify other issues in the 

regulations. The proposed amendments 

provide a formula for fees charged to 

FOIA requesters; incorporate a time 

frame in which a FOIA requester must 

file an appeal in the event a request or 

a portion thereof is denied; allow for 

submission of FOIA appeals by email or 

facsimile; and allow the Office of FOIA 

Services to issue responses to FOIA 

requests indicating that no records were 

located. 

DATES: Comments should be received by 

July 28, 2014. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form http://www.sec.gov/

rules/proposed.shtml); 

• Send an email to rule-comments@

sec.gov. Please include File Number S7– 

07–14 on the subject line; or 

• Use the Federal eRulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

Paper Comments 

• Send paper comments to Secretary, 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number S7–07–14. This file number 

should be included on the subject line 

if email is used. To help us process and 

review your comments more efficiently, 

please use only one method. The 

Commission will post all comments on 

the Commission’s Internet Web site 

(http://www.sec.gov/rules/

proposed.shtml). Comments are also 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street NE., 

Washington, DC 20549 on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. All comments 

received will be posted without change; 

we do not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: John 

Livornese, FOIA/PA Officer, Office of 

FOIA Services, (202) 551–3831; 

Securities and Exchange Commission, 

100 F Street NE., Washington, DC 

20549–5041. 

SUPPLEMENTARY INFORMATION: 

1. Purpose 

The Commission is proposing to 

amend its FOIA regulations at 17 CFR 

200.80 and 17 CFR 200.80e. 

A. Proposed Changes to Fee Regulations 

The fees the Commission charges for 

searching, reviewing, and duplicating 

records pursuant to FOIA requests are 

currently set forth in 17 CFR 200.80e, 

Appendix E—Schedule of fees for 

records services. The Commission 

believes it is appropriate to update its 

fee schedule for searching and 

reviewing records in accordance with 

Uniform Freedom of Information Act 

Fee Schedule and Guidelines 

promulgated by the Office of 

Management and Budget.1

The OMB Guidelines, in complying 

with the Freedom of Information Reform 

Act of 1986, require that each agency’s 

fees be based upon its ‘‘direct 

reasonable operating costs of providing 

FOIA services.’’ 2 The guidelines state 

that ‘‘[a]gencies should charge fees that 

recoup the full allowable direct costs 

they incur.’’ 3

OMB recognized that costs would 

necessarily vary from agency to agency 

and directed that each agency 

promulgate regulations specifying the 

charges for search, review, and 

duplication. The OMB Guidelines state 

that ‘‘agencies should charge at the 

salary rate[s] [i.e. basic pay plus 16 

percent] of the employee[s] making the 

search’’ or, ‘‘where a homogeneous class 

of personnel is used exclusively . . . 

agencies may establish an average rate 

for the range of grades typically 

involved.’’ 4

The Commission’s current regulation 

contains set rates for FOIA request 

search and review activities: $16/hour 

for grade 11 and below; and $28/hour 

for grade 12 and above. The 

Commission is proposing to revise its 

regulation to reflect the formula 

contained in the OMB Guidelines (basic 

pay plus 16 percent) rather than setting 

forth a fixed price. Moreover, the 

proposed regulation provides that the 

Commission will establish a 

representative rate for each of the three 

different groups of grades typically 

involved: Personnel in grades SK 8 or 

below; personnel in grades SK 9 to 13; 

and personnel in grades SK 14 or 

above.5 The Commission’s Web site will 

contain current rates for search and 

review fees for each class. The rates will 

be updated as salaries change and will 

be determined by using the formula in 

the regulation. For the current calendar 

year, the fees would be assessed as 

follows: SK–8 or below: $29/hour; 

SK–9 to 13: $61/hour; and SK–14 or 

above: $89/hour.6

In connection with this revision, the 

Commission is also proposing to remove 

the first sentence of 17 CFR 200.80(e)(1) 

which provides that up to one-half hour 

of staff time devoted to searching for 

and reviewing Commission records will 


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