This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

54594

Vol. 62, No. 203

Tuesday, October 21, 1997

DEFENSE NUCLEAR FACILITIES

SAFETY BOARD

10 CFR Part 1703

Rules Implementing the Freedom of

Information Act

AGENCY: Defense Nuclear Facilities

Safety Board.

ACTION: Proposed rule.

SUMMARY: The Defense Nuclear

Facilities Safety Board (Board) is

proposing to amend its Freedom of

Information Act (FOIA) rules to provide

for expedited processing of certain

requests, to conform response deadlines

with those now provided in the statute,

and to add a category of documents to

be made available in the Public Reading

Room. These changes result from new

statutory provisions in the Electronic

Freedom of Information Act

Amendments of 1996, Pub. L. 104–231.

A minor change is also made in the

Board’s fee provision.

DATES: Comments should be submitted

no later than November 20, 1997.

ADDRESSES: Comments should be sent to

Robert M. Andersen, General Counsel,

Defense Nuclear Facilities Safety Board,

625 Indiana Avenue, NW, Suite 700,

Washington, D.C. 20004–2901.

FOR FURTHER INFORMATION CONTACT:

Robert M. Andersen, General Counsel,

Defense Nuclear Facilities Safety Board,

625 Indiana Ave. NW, Suite 700,

Washington, D.C. 20004–2901, (202)

208–6387.

SUPPLEMENTARY INFORMATION: The

Electronic Freedom of Information Act

Amendments of 1996, Pub. L. 104–231,

require that all Federal agencies

promulgate new regulations on

expedited processing of FOIA requests

in cases of ‘‘compelling need’’ or other

circumstances determined by the

agency. 5 U.S.C. 552(a)(6)(E)(i). To

implement this requirement, the Board

is proposing to add a new paragraph (d)

to 10 CFR 1703.105, ‘‘Requests for Board

Records Not Available Through the

Public Reading Room (FOIA Requests).’’

The text of the new paragraph is selfexplanatory.

The Board is also amending its rules

to provide a twenty-working-day time

limit for response to initial requests.

The Board notes, however, that it has

provided documents in response to

FOIA requests, during the eight years of

Board operations, within ten working

days in nearly every case. Regardless of

the statutory changes, the Board will

endeavor to provide requested

documents promptly. This is usually

within a few days unless an extensive

search is required, a large number of

documents must be reproduced, or

national security concerns require a

classification review of documents

subject to the request. The Board

provides a Public Reading Room with

many documents immediately

accessible to the public, computer

access to the Board’s electronic files,

and is continuing to upload new

categories of records to the Board’s

Internet home page, http://

www.dnfsb.gov. These measures should

ensure that the public continues to have

speedy access to requested documents,

generally within time less than the

statutory requirements.

The Board will maintain in its Public

Reading Room documents released

pursuant to a FOIA request, along with

an index of documents so released. In

view of the small number of requests

received in the past, the Board will

include all documents released,

beginning in calendar year 1997.

Finally, the Board is making one

minor change to its fee provision,

§ 1703.107, by removing paragraph

(b)(2)(iv). The Board has never made it

a practice to charge mailing fees

responding to FOIA requests, so this

provision is not reflective of actual

practice.

Executive Order No. 12866

These amendments do not meet the

criteria for a significant regulatory

action under Executive Order 12866.

Thus, they were not subject to Office of

Management and Budget review.

Regulatory Flexibility Act

These amendments will not have a

significant economic impact on a

substantial number of small entities

since these rules affect only individuals.

Therefore, a regulatory flexibility

analysis as provided in the Regulatory

Flexibility Act, as amended, is not

required.

Paperwork Reduction Act

These regulations will impose no

additional reporting and recordkeeping

requirements subject to Office of

Management and Budget clearance.

List of Subjects in 10 CFR Part 1703

Freedom of information.

For the reasons stated in the

preamble, the Board proposes to amend

10 CFR Part 1703 as follows:

Defense Nuclear Facilities Safety Board

PART 1703—PUBLIC INFORMATION

AND REQUESTS

1. The authority citation for part 1703

continues to read as follows:

Authority: 5 U.S.C. 552 as amended, 42

U.S.C. 2286b(c).

2. Section 1703.103 is proposed to be

amended by adding paragraph (b)(12) to

read as follows:

§ 1703.103 Requests for Board records

available through the public reading room.

* * * * *

(b) * * *

(12) Copies of records released

pursuant to FOIA requests, along with

an index to these records. The format

will generally be the same as the format

of the released records.

3. Section 1703.105 is proposed to be

amended by adding a new paragraph (e)

to read as follows:

§ 1703.105 Requests for Board records not

available through the public reading room

(FOIA requests).

* * * * *

(e)(1) Expedited processing—A person

may request expedited processing of a

FOIA request when a compelling need

for the requested records has been

shown ‘‘Compelling need’’ means:

(i) Circumstances in which the lack of

expedited treatment could reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual;

(ii) An urgency to inform the public

about an actual or alleged Federal

Government activity, if the request is

made by a person primarily engaged in

disseminating information; or

(iii) The records pertain to an

immediate source of risk to the public

health and safety or worker safety at a

defense nuclear facility under the

Board’s jurisdiction.
Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Proposed Rules 54595

(2) A requester seeking expedited

processing should so indicate in the

initial request, and should state all facts

supporting the need to obtain the

requested records rapidly. The requester

must also state that these facts are true

and correct to the best of the requester’s

knowledge and belief.

(3) When a request for expedited

processing is received, the Board will

respond within ten calendar days from

the date of receipt of the request, stating

whether or not the request has been

granted. If the request for expedited

processing is denied, any appeal of that

decision will be acted upon

expeditiously.

§ 1703.107 [Removed and Reserved]

4. Section 1703.107(b)(2)(iv) is

proposed to be removed and reserved.

5. Section 1703.108 is proposed to be

revised to read as follows:

§ 1703.108 Processing of FOIA requests

* * * * *

(b) Action pursuant to this section to

provide access to requested records

shall be taken within twenty working

days. This time period may be extended

up to ten additional working days, in

unusual circumstances, by written

notice to the requester. If the Board will

be unable to satisfy the request in this

additional period of time, the requester

will be so notified and given the

opportunity to—

(1) Limit the scope of the request so

that it can be processed within the time

limit, or

(2) Arrange with the Designated FOIA

Officer an alternative time frame for

processing the original request or a

modified request.

* * * * *

Dated: October 14, 1997.

John T. Conway,

Chairman.

[FR Doc. 97–27704 Filed 10–20–97; 8:45 am]

BILLING CODE 3670–01–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–69–AD]

RIN 2120–AA64

Airworthiness Directives; The New

Piper Aircraft, Inc. (Formerly Piper

Aircraft Corporation), Models PA–31,

PA–31–300, PA–31–325, PA–31–350,

PA–31P, PA–31T, and PA–31T1

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

supersede Airworthiness Directive (AD)

80–26–05, which currently requires the

following on certain The New Piper

Aircraft, Inc. (Piper) Models PA–31,

PA–31–300, PA–31–325, PA–31–350,

PA–31P, PA–31T, and PA–31T1

airplanes: repetitively inspecting the

main landing gear (MLG) inboard door

hinges and attachment angles for cracks,

and replacing any cracked MLG inboard

door hinge or attachment angle. The

proposed AD results from the Federal

Aviation Administration’s policy on

aging commuter-class aircraft and the

determination that an improved design

MLG inboard door hinge and

attachment assembly (or approved

hinges and angles made of steel), when

incorporated, will eliminate the need for

the currently required repetitive shortinterval inspections. The proposed AD

would retain the current repetitive

inspections contained in AD 80–26–05,

and would require installing these

improved design or approved steel parts

as terminating action for the repetitive

inspection requirement. The actions

specified in the proposed AD are

intended to prevent separation of the

MLG inboard door from the airplane

caused by a cracked inboard door hinge

or attachment angle, which could result

in the MLG becoming jammed with

consequent loss of control of the

airplane during landing operations.

DATES: Comments must be received on

or before December 26, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 96–CE–69–

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that relates to the

proposed AD may be obtained from The

New Piper Aircraft, Inc., Customer

Services, 2926 Piper Drive, Vero Beach,

Florida 32960. This information also

may be examined at the Rules Docket at

the address above.

FOR FURTHER INFORMATION CONTACT:

Christina Marsh, Aerospace Engineer,

FAA, Atlanta Aircraft Certification

Office, One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30349; telephone (770) 703–6079;

facsimile (770) 703–6097.

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

should 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 that

summarizes 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 No. 96–CE–69–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, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 96–CE–69–AD, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

On December 1, 1995, the FAA issued

a proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to Piper Models PA–31, PA–31–

325, PA–31–350, PA–31P, PA–31T, and

PA–31T1 airplanes. This proposal was

published in the Federal Register as a

notice of proposed rulemaking (NPRM)

on December 7, 1995 (60 FR 62774), and

proposed to supersede AD 80–26–05,

Amendment 39–3994. The NPRM

proposed to (1) retain the requirement of

repetitively inspecting the main landing

gear (MLG) inboard door hinges and

attachment angles for cracks, and

replacing any cracked MLG inboard

door hinge or attachment angle; and (2)

require incorporating a MLG inboard