63790 Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Rules and Regulations

§ 792.55 Times, places and requirements

for identification of individuals making

requests and identification of records

requested.

(a) * * *

(3) An individual seeking access to

records about himself by mail or in

person, who cannot provide the

required documentation or

identification, may provide an unsworn

declaration subscribed to as true under

penalty of perjury.

* * * * *

6. Amend § 792.56 by revising

paragraphs (b)(1), (b)(2) and (b)(3) to

read as follows:

§ 792.56 Notice of existence of records,

access decisions and disclosure of

requested information; time limits.

* * * * *

(b) * * *

(1) A request concerning a single

system of records which does not

require consultation with or requisition

of records from another agency will be

responded to within 20 working days

after receipt of the request.

(2) A request requiring requisition of

records from or consultation with

another agency will be responded to

within 30 working days of receipt of the

request.

(3) If a request under paragraphs (b)(1)

or (2) of this section presents unusual

difficulties in determining whether the

records involved are exempt from

disclosure, the Privacy Act Officer, in

the Office of General Counsel, may

extend the time period established by

the regulations by 10 working days.

* * * * *

7. Amend § 792.57 by revising

paragraph (b) to read as follows:

§ 792.57 Special Procedures: Information

furnished by other agencies; medical

records.

* * * * *

(b) When an individual requests

medical records concerning himself, the

NCUA official responsible for action on

the request may advise the individual

that the records to be released will be

provided first to a physician designated

in writing by the individual. The

physician will provide the records to

the individual.

8. Amend § 792.58 by revising the

fourth sentence of paragraph (a) to read

as follows:

§ 792.58 Requests for correction or

amendment to a record; administrative

review of requests.

* * * * *

(a) * * * An individual who does not

have access to NCUA’s ‘‘Notice of

Systems of Records,’’ and to whom the

appropriate address is otherwise

unavailable, may submit a request to the

Privacy Act Officer, Office of General

Counsel, National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia, 22314–3428, in

which case the request will then be

referred to the appropriate NCUA

official. * * *

* * * * *

9. Amend § 792.59 by revising

paragraph (e) to read as follows:

§ 792.59 Appeal of initial determination.

* * * * *

(e) If access is denied because of an

exemption, the individual will be

notified of the right to appeal that

determination to the General Counsel

within 30 days after receipt. Appeals

will be determined within 20 working

days.

10. Amend § 792.65 by revising

paragraph (a)(1) to read as follows:

§ 792.65 Fees.

(a) * * *

(1) For copies of documents provided,

copy fees as stated in NCUA’s current

FOIA fee schedule; and

* * * * *

11. Amend § 792.66 by revising the

first sentence of paragraph (a), and the

first two sentences of paragraph (b)(1),

and the first sentence of paragraph

(b)(2), and adding a new paragraph

(b)(4) as follows:

§ 792.66 Exemptions.

(a) NCUA maintains four systems of

records that are exempted from some

provisions of the Privacy Act. * * *

(b)(1) System NCUA–1, entitled

‘‘Employee Suitability Security

Investigations Containing Adverse

Information,’’ consists of adverse

information about NCUA employees

that had been obtained as a result of

routine U.S. Office of Personnel

Management (OPM) security

Investigations. To the extent that NCUA

maintains records in this system

pursuant to OPM guidelines that may

require retrieval of information by use of

individual identifiers, those records are

encompassed by and included in the

OPM Central system of records number

Central-9 entitled, ‘‘Personnel

Investigations Records,’’ and thus are

subject to the exemptions promulgated

by OPM. * * *

(2) System NCUA–8, entitled,

‘‘Investigative Reports Involving Any

Crime or Suspicious Activity Against a

Credit Union, NCUA,’’ consists of

investigatory or enforcement records

about individuals suspected of

involvement in violations of laws or

regulations, whether criminal or

administrative. * * *

* * * * *

(4) System NCUA–13, entitled,

‘‘Litigation Case Files,’’ consists of

investigatory materials compiled for law

enforcement purposes. Records in the

Litigation Case Files system are used in

connection with the execution of

NCUA’s legal and enforcement

responsibilities. Because the system

covers investigatory materials compiled

for law enforcement purposes, it is

eligible for exemption under subsection

(k)(2) of the Privacy Act. 5 U.S.C.

552a(k)(2). The Litigation Case Files

system is exempt from subsections

(c)(3), (d), (e)(1), (e)(4)(G), (H), (I) and (f)

of the Privacy Act. 5 U.S.C. 552a (c)(3),

(d), (e)(1), (e)(4)(G), (H), (I) and (f).

However, if an individual is denied any

right, privilege, or benefit to which he

would otherwise be entitled by federal

law, or for which he otherwise would be

eligible, as a result of the maintenance

of such records, the records or

information will be made available to

him, provided the identity of a

confidential source is not disclosed.

* * * * *

12. Amend § 792.69 by revising the

first sentence of paragraph (a) to read as

follows:

§ 792.69 Training and employee standards

of conduct with regard to privacy.

(a) The Director of the Office of

Training and Development, with advice

from the General Counsel, is responsible

for training NCUA employees in the

obligations imposed by the Privacy Act

and this subpart. * * *

* * * * *

[FR Doc. 00–27364 Filed 10–24–00; 8:45 am]

BILLING CODE 7535–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–364–AD; Amendment

39–11945; AD 2000–21–13]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–300 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Dornier Model 328–300

series airplanes, that requires revising

the Airplane Flight Manual. This action

Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Rules and Regulations 63791

is necessary to prevent an undetected

dragging parking brake, and consequent

decreased acceleration during the

takeoff roll, increased takeoff distance,

and possible runway overrun. This

action is intended to address the

identified unsafe condition.

DATES: Effective November 29, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

29, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from FAIRCHILD DORNIER, DORNIER

Luftfahrt GmbH, P.O. Box 1103, D–

82230 Wessling, Germany. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

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: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Dornier Model

328–300 series airplanes was published

in the Federal Register on June 30, 2000

(65 FR 40553). That action proposed to

require revising the Airplane Flight

Manual (AFM).

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 7 airplanes of

U.S. registry will be affected by this AD,

that it will take approximately 1 work

hour per airplane to accomplish the

required AFM revision, and that the

average labor rate is $60 per work hour.

Based on these figures, the cost impact

of the AD on U.S. operators is estimated

to be $420, or $60 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 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:

2000–21–13 Dornier Luftfahrt GMBH:

Amendment 39–11945. Docket 99–NM–

364–AD.

Applicability: All Model 328–300 series

airplanes, certificated in any category.

Compliance: Required as indicated, unless

accomplished previously.

To prevent an undetected dragging parking

brake, and consequent decreased acceleration

during the takeoff roll, increased takeoff

distance, and possible runway overrun,

accomplish the following:

Airplane Flight Manual (AFM) Revision

(a) Within 10 days after the effective date

of this AD: Revise the Limitations Section of

the FAA-approved Airplane Flight Manual

by inserting a copy of Dornier 328J All

Operators Telefax AOT–328J–32–001, dated

September 9, 1999.

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,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Operations

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 1: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

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.

Incorporation by Reference

(d) The AFM revision shall be done in

accordance with Dornier 328J All Operators

Telefax AOT–328J–32–001, dated September

9, 1999. 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 FAIRCHILD DORNIER, DORNIER

Luftfahrt GmbH, P.O. Box 1103, D–82230

Wessling, Germany. 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.

Note 2: The subject of this AD is addressed

in German airworthiness directive 1999–352,

dated November 18, 1999.

Effective Date

(e) This amendment becomes effective on

November 29, 2000.

63792 Federal Register / Vol. 65, No. 207 / Wednesday, October 25, 2000 / Rules and Regulations

Issued in Renton, Washington, on October

17, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27121 Filed 10–24–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–345–AD; Amendment

39–11943; AD 2000–21–11]

RIN 2120–AA64

Airworthiness Directives; Raytheon

Model BH.125, DH.125, and HS.125

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to all Raytheon Model

DH.125–1A, –3A, and –400A series

airplanes, that currently requires a onetime inspection to detect scoring of the

upper fuselage skin around the

periphery of the cockpit canopy blister

interface, and repair, if necessary. This

amendment expands the applicability of

the existing AD to include additional

airplanes, and requires that the actions

be accomplished in accordance with

revised service information for the

newly added airplanes. This

amendment is prompted by additional

reports indicating that scoring has been

detected on the upper fuselage skin

around the periphery of the cockpit

canopy blister interface. The actions

specified by this AD are intended to

detect and correct scoring of the upper

fuselage skin around the periphery of

the cockpit canopy blister interface,

which could result in reduced structural

integrity of the fuselage, and consequent

cabin depressurization.

DATES: Effective November 29, 2000.

The incorporation by reference of

Raytheon Aircraft Service Bulletin SB

53–93, Revision 2, dated April 2000, as

listed in the regulations, is approved by

the Director of the Federal Register as of

November 29, 2000.

The incorporation by reference of

Raytheon Aircraft Service Bulletin SB

53–93, dated May 16, 1996, as listed in

the regulations, was approved

previously by the Director of the Federal

Register as of June 6, 1997 (62 FR 24013,

May 2, 1997).

ADDRESSES: The service information

referenced in this AD may be obtained

from Raytheon Aircraft Company,

Commercial Service Department, P.O.

Box 85, Wichita, Kansas 67201–0085.

This information may be examined at

the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Wichita Aircraft Certification Office,

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

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: T.N.

Baktha, Aerospace Engineer, Airframe

Branch, ACE–118W, FAA, Wichita

Aircraft Certification Office, 1801

Airport Road, Room 100, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone (316) 946–4155; fax (316)

946–4407.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 97–09–12,

amendment 39–10008 (62 FR 24013,

May 2, 1997), which is applicable to all

Raytheon Model DH.125–1A, –3A, and

–400A series airplanes, was published

in the Federal Register on June 16, 2000

(65 FR 37723). The action proposed to

continue to require a one-time

inspection to detect scoring of the upper

fuselage skin around the periphery of

the cockpit canopy blister interface, and

repair, if necessary. The action also

proposed to expand the applicability of

the existing AD to include additional

airplanes and to require that the actions

be accomplished in accordance with

revised service information for the

newly added airplanes.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 290

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

200 airplanes of U.S. registry will be

affected by this AD.

The actions that are currently

required by AD 97–09–12 and retained

in this AD take approximately 4 work

hours per airplane to accomplish, at an

average labor rate of $60 per work hour.

Based on these figures, the cost impact

of the currently required actions on U.S.

operators is estimated to be $48,000, or

$240 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 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.