This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

64133

Vol. 65, No. 208

Thursday, October 26, 2000

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Parts 330 and 351

RIN 3206–AJ18

Placement Assistance and Reduction

in Force Notices

AGENCY: Office of Personnel

Management.

ACTION: Interim regulations.

SUMMARY: The Office of Personnel

Management is issuing interim

placement assistance and reduction in

force regulations to replace references to

the repealed Job Training Partnership

Act with references to the new

Workforce Investment Act of 1998.

DATES: These regulations are effective

November 27, 2000. Written comments

will be considered if received no later

than December 26, 2000.

ADDRESSES: Send written comments to

Carol J. Okin, Associate Director for

Employment, Office of Personnel

Management, Room 6F08, 1900 E Street

NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Pam

Galemore, 202–606–0960, FAX

202–606–2329, TDD (202)606–0023, or

by e-mail at pjgalemo@opm.gov.

SUPPLEMENTARY INFORMATION: The Job

Training Partnership Act (JTPA),

established under Public Law 97–300,

October 12, 1982, as amended, required

states to provide employment assistance

programs to dislocated workers and

others as defined in the Act. Since 1995,

through Office of Personnel

Management regulations published in

sections 330.405, 351.803, and 351.807

of title 5, Code of Federal Regulations

(CFR), agencies have been required to

give employees affected by reduction in

force information about JTPA programs

in their specific reduction in force

notices.

The JTPA was repealed effective July

1, 2000. States are now required to

provide placement assistance programs

through the Workforce Investment Act

(WIA) of 1998, Public Law 105–220,

August 7, 1998. This change was

incorporated into the reduction in force

statute at 5 U.S.C 3502 through Public

Law 105–277, Omnibus Consolidated

and Emergency Supplemental

Appropriations Act, section 405,

October 21, 1998.

These revised regulations are issued

solely to replace references to the

repealed JTPA with its successor statute,

the WIA, as required by the

amendments to 5 U.S.C. 3502 mandated

by Public Law 105–277. No other

wording is changed.

Regulatory Flexibility Act

I certify that this regulation will not

have a significant economic impact on

a substantial number of small entities

because it affects only certain Federal

employees.

Executive Order 12866, Regulatory

Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with Executive Order 12866.

List of Subjects in 5 CFR Parts 330 and

351

Administrative practice and

procedure, Armed forces reserves,

Government Employees, Individuals

with disabilities.

Office of Personnel Management

Janice R. Lachance,

Director.

Accordingly, the Office of Personnel

Management is amending 5 CFR parts

330 and 351 as follows:

PART 330—RECRUITMENT,

SELECTION, AND PLACEMENT

(GENERAL)

1. The authority citation for part 330

is revised to read as follows:

Authority: 5 U.S.C. 1302, 3301, 3302; E.O.

10577, 3 CFR 1954–58 Comp., p. 218.

Section 330.102 also issued under 5

U.S.C. 3327.

Subpart B also issued under 5 U.S.C.

3315 and 8151.

Section 330.401 also issued under 5

U.S.C. 3310.

Subpart K also issued under sec.

11203 of Pub. L. 105–33, 111 Stat. 738.

Subpart L also issued under sec. 1232

of Pub. L. 96–70, 93 Stat. 452.

Subpart D—Positions Restricted to

Preference Eligibles

2. In § 330.405, paragraph (b) is

revised to read as follows:

§ 330.405 Agency placement assistance.

* * * * *

(b) Cooperating with State units as

designated or created under title I of the

Workforce Investment Act of 1998, to

retrain displaced preference eligibles for

other continuing positions.

PART 351—REDUCTION IN FORCE

3. The authority citation for part 351

continues to read as follows:

Authority: 5 U.S.C. 1302, 3502, 3503; sec.

351.801 also issued under E.O. 12828, 58 FR

2965.

Subpart H—Notice to Employee

4. In § 351.803, paragraphs (a) and

(b)(1) are revised to read as follows:

§ 351.803 Notice of eligibility for

reemployment and other placement

assistance.

(a) An employee who receives a

specific notice of separation under this

part must be given information

concerning the right to reemployment

consideration and career transition

assistance under subparts B

(Reemployment Priority List), F, and G

(Career Transition Assistance Programs)

of part 330 of this chapter. The

employee must also be given a release

to authorize, at his or her option, the

release of his or her resume and other

relevant employment information for

employment referral to the State unit or

entity established under title I of the

Workforce Investment Act of 1998 and

potential public or private sector

employers. The employee must also be

given information concerning how to

apply both for unemployment insurance

through the appropriate State program

and benefits available under the State’s

Workforce Investment Act of 1998

programs, and an estimate of severance

pay (if eligible).

(b) * * *

(1) The State or the entity designated

by the State to carry out rapid response

activities under title I of the Workforce

Investment Act of 1998;

* * * * *

64134 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

5. In § 351.807, paragraphs (a) and (c)

are revised to read as follows:

§ 351.807 Certification of Expected

Separation.

(a) For the purpose of enabling

otherwise eligible employees to be

considered for eligibility to participate

in dislocated worker programs under

the Workforce Investment Act of 1998

administered by the U.S. Department of

Labor, an agency may issue a Certificate

of Expected Separation to a competing

employee who the agency believes, with

a reasonable degree of certainty, will be

separated from Federal employment by

reduction in force procedures under this

part. A certification may be issued up to

6 months prior to the effective date of

the reduction in force.

* * * * *

(c) A certification is to be addressed

to each individual eligible employee

and must be signed by an appropriate

agency official. A certification must

contain the expected date of reduction

in force, a statement that each factor in

paragraph (b) of this section has been

satisfied, and a description of Workforce

Investment Act of 1998, title I,

programs, the Interagency Placement

Program, and the Reemployment

Priority List.

* * * * *

[FR Doc. 00–27515 Filed 10–25–00; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–325–AD; Amendment

39–11948; AD 2000–22–02]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 737 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to all Boeing Model 737

series airplanes, that currently requires

revising the FAA-approved Airplane

Flight Manual (AFM). This new

amendment revises the AFM procedure

in the existing AD to simplify the

instructions for correcting a jammed or

restricted flight control condition. This

amendment is prompted by an FAA

determination that the procedure

currently inserted in the AFM by the

existing AD is not defined adequately.

The actions specified in this AD are

intended to ensure that the flight crew

is advised of the procedures necessary

to address a condition involving a

jammed or restricted rudder.

DATES: Effective November 13, 2000.

Comments for inclusion in the Rules

Docket must be received on or before

December 26, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

325–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-anmiarcomment@faa.gov. Comments sent

via fax or the Internet must contain

‘‘Docket No. 2000–NM–325–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.

ADDRESSES: Information pertaining to

this amendment may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket No. 2000–NM–325–AD, 1601

Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Steve O’Neal, Aerospace Engineer,

Flight Test Branch, ANM–160S, Seattle

Aircraft Certification Office, FAA, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2699;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On

December 23, 1996, the FAA issued AD

96–26–07, amendment 39–9871 (62 FR

15, January 2, 1997), applicable to all

Boeing Model 737 series airplanes, to

require revising the FAA-approved

Airplane Flight Manual (AFM) to

include procedures that will enable the

flight crew to take appropriate action to

maintain control of the airplane during

an uncommanded yaw or roll condition,

and to correct a jammed or restricted

flight control condition. That action was

prompted by an FAA determination that

such procedures were not defined

adequately in the AFM for these

airplanes. Because of the potential for

uncommanded yaw or roll conditions in

these airplanes, and jammed or

restricted flight controls, the actions

required by that AD are intended to

provide the flight crew with a

systematic means to isolate flight

control hydraulics, eliminate a rudder

hardover, and land safely.

Actions Since Issuance of Previous Rule

Since the issuance of AD 96–26–07,

the FAA has received information from

the Independent 737 Flight Controls

Engineering and Test Evaluation Board

(ETEB) verifying several failure modes

in the rudder system of Model 737–100

and –200 (Initial); 737–300, –400, and

–500 (Classic); and 737–600, –700, and

–800 (Next Generation) series airplanes

that can cause an uncommanded rudder

hardover. The failure modes include

several single jam modes that can cause

an uncommanded rudder hardover, in

addition to several latent failures or

jams that, when combined with a

second failure or jam, could cause an

uncommanded rudder hardover.

Changes in maintenance procedures

will be adopted to enhance the

detection of latent failure conditions,

reducing the potential for an

uncommanded hardover. To eliminate

these rudder failure modes, the

manufacturer is redesigning the rudder

system.

The procedure required by AD 96–26–

07, and revised by this AD, is not as

complete a solution to the rudder

hardover concern as is the rudder

system redesign, for two reasons:

• First, the procedure is not effective

throughout the entire flight envelope,

having limited effectiveness during the

remote possibility of a hardover during

takeoff and landing.

• Second, as a general principal,

eliminating the possibility of an in-flight

situation is a better alternative than

relying on flight crew action to correct

such a situation.

The rudder system redesign is likely

to eliminate the need for procedures

dealing with jammed or restricted flight

control conditions, but retrofit of the

hardware on existing airplanes will take

several years to complete. During this

time, procedures for jammed or

restricted flight control conditions will

continue to be necessary. The ETEB

determined that the AFM procedure

addressing a jammed or restricted

rudder required by AD 96–26–07 is

inadequate and must be revised. During

evaluations of the existing procedure,

the ETEB determined that flight crews

were confused by the procedure and

were not always able to complete it

during simulated rudder system

malfunctions. Therefore, the FAA has

determined that a revised procedure

titled ‘‘Uncommanded Rudder,’’ in lieu

of the existing procedure titled

‘‘Jammed or Restricted Rudder,’’ is

necessary in the interim period to

ensure airplane safety.