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.

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64135

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of this same

type design, this AD supersedes AD 96–

26–07 to require revising the AFM

procedure in the existing AD to simplify

the instructions for correcting a jammed

or restricted flight control condition.

Interim Action

This is considered to be interim

action. As previously stated, once the

rudder system is redesigned, and the

retrofitted rudder is approved and

available, the FAA may consider

additional rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

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 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 rule that might suggest a need to

modify the 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 AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 2000–NM–325–AD.’’

The postcard will be date stamped and

returned to the commenter.

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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, 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

removing amendment 39–9871 (62 FR

15, January 2, 1997), and by adding a

new airworthiness directive (AD),

amendment 39–11948, to read as

follows:

2000–22–02 Boeing: Amendment 39–11948.

Docket 2000–NM–325–AD. Supersedes

AD 96–26–07, Amendment 39–9871.

Applicability: All Model 737 series

airplanes, certificated in any category.

Compliance: Required as indicated, unless

accomplished previously.

To ensure that the flight crew is advised of

the procedures necessary to address a

condition involving a jammed or restricted

rudder, accomplish the following:

RESTATEMENT OF CERTAIN

REQUIREMENTS OF AD 96–26–07:

(a) Within 30 days after January 17, 1997

(the effective date of AD 96–26–07,

amendment 39–9871): Revise the Emergency

Procedures Section of the FAA-approved

Airplane Flight Manual (AFM) to include the

following recall item, which will enable the

flight crew to take appropriate action to

maintain control of the airplane during an

uncommanded yaw or roll condition. This

may be accomplished by inserting a copy of

this AD in the AFM.

‘‘UNCOMMANDED YAW OR ROLL

RECALL

Maintain control of the airplane with all

available flight controls. If roll is

uncontrollable, immediately reduce angle of

attack and increase airspeed. Do not attempt

to maintain altitude until control is

recovered. If engaged, disconnect autopilot

and autothrottle.’’

NEW REQUIREMENTS OF THIS AD:

(b) Within 30 days after the effective date

of this AD: Revise the Normal Procedures

Section of the FAA-approved AFM for Model

737–100 and –200 series airplanes or the

Non-Normal Procedures Section of the FAAapproved AFM for Model 737–300, –400,

–500, –600, –700, and –800 series airplanes,

as applicable, to include the following

procedure. This may be accomplished by

inserting a copy of this AD in the AFM and

removing the existing copy (inserted as

required by AD 96–26–07), entitled ‘‘Jammed

Flight Controls.’’

UNCOMMANDED RUDDER

Condition: Uncommanded rudder pedal

displacement or pedal kicks.

AUTOPILOT (if engaged): DISENGAGE.

Maintain control of the airplane with all

available flight controls. If roll is

uncontrollable, immediately reduce pitch/

angle of attack and increase airspeed. Do not

attempt to maintain altitude until control is

recovered.

AUTOTHROTTLE (if engaged):

DISENGAGE.

Verify thrust is symmetrical.

YAW DAMPER SWITCH: OFF.

RUDDER TRIM: CENTER.

RUDDER PEDALS: FREE & CENTER.

64136 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

1 5 U.S.C. 553 (1994).

2 5 U.S.C. 601 et seq. (1994).

3 47 FR 18618, 18618–18621 (April 30, 1982).

4 Id. at 18618–18620.

5 7 U.S.C. 4a and 12a (1994).

Use maximum force including a combined

effort of both pilots, if required to free and

center the rudder pedals.

If rudder pedal position or movement is

not normal and the condition is not the result

of rudder trim:

SYSTEM B FLIGHT CONTROL SWITCH:

STBY RUD.

A slight rudder deflection may remain, but

continued rudder pedal pressure may help

maintain an in-trim condition.

Sufficient directional control is available

on landing using differential braking and

nose wheel steering.

Crosswind capability may be reduced.

Do not use autobrakes.

Consider checking rudder freedom of

movement at a safe altitude using slow

rudder inputs while in the landing

configuration and at approach speed.

If condition was the result of rudder trim

or environmental factors:

YAW DAMPER SWITCH: ON.

Accomplish the normal DESCENT—

APPROACH and LANDING checklists.’’

(c) It is acceptable to modify the format of

the above procedure to reflect the format

used by individual carriers. However, the

procedural sequence, memory items, and/or

associated text may not be modified, except

by submitting a request for an alternative

method of compliance (AMOC) as specified

in paragraph (d) of this AD.

Alternative Methods of Compliance

(d) An AMOC or adjustment of the

compliance time that provides an acceptable

level of safety may be used if approved by

the Manager, Seattle Aircraft Certification

Office (ACO), FAA. Operators shall submit

their requests through an appropriate FAA

Principal Operations Inspector, who may add

comments and then send it to the Manager,

Seattle ACO.

Note 1: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permits

(e) 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.

Effective Date

(f) This amendment becomes effective on

November 13, 2000.

Issued in Renton, Washington, on October

20, 2000.

John J. Hickey,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 00–27508 Filed 10–25–00; 8:45 am]

BILLING CODE 4910–13–P

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 140

Delegation of Authority to Disclose

and Request Information

AGENCY: Commodity Futures Trading

Commission.

ACTION: Final rules.

SUMMARY: The Commodity Futures

Trading Commission (Commission) is

amending certain provisions of its part

140 regulations to add the Director and

Deputy Director of the Commission’s

Office of International Affairs as persons

to whom certain authorities are

delegated.

EFFECTIVE DATE: October 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert Rosenfeld, Deputy Director,

Office of International Affairs,

Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, NW., Washington, DC

20581. Telephone: (202) 418–5645.

E-mail: rrosen-field@cftc.gov.

SUPPLEMENTARY INFORMATION:

I. Delegation

Commission regulations have been

amended to add the Director of the

Office of International Affairs (Director)

and, in certain circumstances the

Deputy Director, as persons authorized

in appropriate cases to disclose certain

non-public information to other

governmental, judicial or market

authorities in carrying out his or her

duties. The amendments would affect

the authority to disclose: (1) Information

to a contract market, registered futures

association or self-regulatory

organization (17 CFR 140.72), and (2)

information to United States (U.S.),

States and foreign government agencies

and foreign futures authorities (17 CFR

140.73). This authority will facilitate

OIA’s ability to coordinate and share

information with foreign authorities for

regulatory oversight, fitness inquiries

and other regulatory purposes.

II. Related Matters

A. Administrative Procedure Act

The Commission has determined that

this delegation of authority relates

solely to agency organization, procedure

and practice. Therefore, the provisions

of the Administrative Procedure Act

that generally require notice of proposed

rulemaking and that provide other

opportunities for public participation 1

are not applicable. The Commission

further finds that, because the rules

have no adverse effect upon a member

of the public, there is good cause to

make them effective immediately upon

publication in the Federal Register.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) 2

requires that agencies, in proposing

rules, consider the impact of those rules

on small businesses. The rules

discussed herein are only an

administrative delegation and will have

no impact on registered entities or other

persons subject to the Commission’s

regulatory authority. The rules solely

authorize the transmission of

information and do not impose any

regulatory burden. Moreover, even

assuming such impact, the Commission

has previously established certain

definitions of ‘‘small entities’’ to be used

by the Commission in evaluating the

impact of its rules on such small entities

in accordance with the RFA, and

determined that contract markets,

futures commission merchants (FCMs)

large traders and commodity pool

operators (CPOs) are not small entities

under the RFA. 3 With respect to

commodity trading advisors (CTAs) and

introducing brokers (IBs), the

Commission stated that it would

evaluate within the context of a

particular proposal whether all or some

affected CTAs and IBs should be

considered small entities and if so, that

it would analyze the economic impact

on them of any rule.4 As noted above,

this rule does not change any

obligations or otherwise impose any

regulatory burdens. Accordingly, the

Chairman, on behalf of the Commission,

hereby certifies, pursuant to 5 U.S.C.

605(b), that these rule amendments will

not have a significant impact on a

substantial number of small entities.

List of Subjects in 17 CFR Part 140

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

In consideration of the foregoing and

pursuant to the authority contained in

the Act and, in particular, Sections 2a

and 8a,5 the Commission is amending

Part 140 of Chapter I of Title 17 of the

Code of Federal Regulations as follows:

PART 140—[AMENDED]

1. The authority citation for Part 140

continues to read as follows:

Authority: 7 U.S.C. 4a and 12a.