Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules 14375

action, and that no operator would

accomplish those actions in the future if

this AD were not adopted.

Regulatory Impact

The regulations proposed herein

would not have substantial direct effects

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,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, 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 copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting 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.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend 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:

Boeing: Docket 96–NM–31–AD.

Applicability: Model 727 and Model 737

series airplanes, equipped with J.C. Carter

Company fuel valve actuators having part

number (P/N) 40574–2 (Kearfott Models

3715–7 and –8) or 40574–5 (Kearfott Model

3715–9), certificated in any category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent improper functioning of a

certain actuator, which could result in a fuel

imbalance due to the inability of the

flightcrew to crossfeed fuel, or which could

prevent the pilot from shutting off the fuel to

the engine following an engine failure and/

or fire, accomplish the following:

(a) Within 36 months after the effective

date of this AD, replace any actuator having

P/N 40574–2 (Kearfott Models 3715–7 and

–8) or 40574–5 (Kearfott Model 3715–9) on

the fuel system crossfeed valve and the

engine shutoff valves with either a new

actuator having P/N 40574–4, or an actuator

having P/N 40574–2 with a nameplate

identified in paragraph III, Material, of J.C.

Carter Company Service Bulletin 61163–28–

09, dated September 28, 1995, that is not

affected by a manufacturer’s recall (reference

Figure 1.0 of the service bulletin). The

replacement shall be done in accordance

with J.C. Carter Company Service Bulletin

61163–28–09, dated September 28, 1995.

(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, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(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.

Issued in Renton, Washington, on March

20, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–7687 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 96–ASW–28]

Proposed Establishment of Class E

Airspace; New Mexico, NM

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

establish Class E airspace extending

upward from 1,200 feet above ground

level (AGL) within Restricted Area R–

5107B, and the portion of Restricted

Area R–5107A north of latitude

32°18′00′′N, located in south/central

New Mexico. These White Sands

Missile Range restricted areas are

currently excluded from Class E

airspace extending upward from 1,200

feet AGL within the boundary of the

state of New Mexico. The intended

effect of this proposal is to provide

controlled airspace for aircraft operating

within confines of Restricted Area R–

5107B and that portion of Restricted

Area R–5107A north of latitude

32°18′00′′N., White Sands Missile

Range, New Mexico, NM.

DATES: Comments must be received on

or before May 27, 1997.

ADDRESSES: Send comments on the

proposal in triplicate to Manager,

Airspace Branch, Air Traffic Division,

Federal Aviation Administration,

Southwest Region, Docket No. 96–

ASW–28, Fort Worth, TX 76193–0530.

The official docket may be examined in

the Office of the Assistant Chief

Counsel, Federal Aviation

Administration, Southwest Region, 2601

Meacham Boulevard, Forth Worth, TX,

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays. An informal docket may also

be examined during normal business

hours at the Airspace Branch, Air

Traffic Division, Federal Aviation

Administration, Southwest Region, 2601

Meacham Boulevard, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Airspace Branch, Air

Traffic Division, Federal Aviation

Administration, Southwest Region, Fort

Worth, TX 76193–0530; telephone: (817)

222–5593.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory
14376 Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Proposed Rules

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed under the caption ADDRESSES.

Commenters wishing the FAA to

acknowledge receipt of their comments

on this notice must submit, with those

comments, a self-addressed, stamped,

postcard containing the following

statement: ‘‘Comments to Airspace

Docket No. 96–ASW–28.’’ The postcard

will be date/time stamped and returned

to the commenter. All comments

received on or before the specific

closing dates will be considered before

taking action on the proposed rule. The

proposal contained in this notice may

be changed in the light of comments

received. All comments submitted will

be available for examination in the

Office of the Assistant Chief Counsel,

Federal Aviation Administration,

Southwest Region, 2601 Meacham

Boulevard, Fort Worth, TX, both before

and after the closing date for comments.

A report summarizing each substantive

public contact with FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, Southwest

Region, Forth Worth, TX 76193–0530.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of advisory Circular No.

11–2A that describes the application

procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

establish Class E airspace, controlled

airspace extending upward from 1,200

feet AGL within the confines of

Restricted Area R–5107B and a portion

of R–5107A north of latitude

32°18′00′′N, White Sands Missile Range,

New Mexico, NM. White Sands Missile

Range has upgraded the radar coverage

within this area to provide air traffic

control services for aircraft authorized

to operate within this restricted area.

The intended effect of this proposal is

to provide adequate Class E airspace for

aircraft operating within the boundaries

of Restricted Area R–5107B and the

portion of Restricted Area R–5107A

north of latitude 32°18′00′′N, White

Sands Missile Range, New Mexico, NM.

The coordinates for this airspace

docket are based on North American

Datum 83. Designated Class E airspace

areas extending upward from 700 feet or

more above ground level are published

in Paragraph 6005 of FAA Order

7400.9D, dated September 4, 1996, and

effective September 16, 1996, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations that need frequent and

routine amendments to keep them

operationally current. It, therefore—(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)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120;

E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963

Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D,

Airspace Designations and Reporting

Points, dated September 4, 1996, and

effective September 16, 1996, is

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASW NM E5 New Mexico, NM [Amended]

On the eighteenth and nineteenth line,

change ‘‘excluding Restricted Areas R–5101,

R–5107B, and the portion of R–5107A north

of Lat. 32°18′00′′N to read ‘‘excluding

Restricted Area R–5101,’’

* * * * *

Issued in Forth Worth, TX, on March 19,

1997.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 97–7667 Filed 3–25–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Departmental Offices

31 CFR Part 1

Privacy Act of 1974; Proposed Rule

Exempting a System of Records From

Certain Provisions of the Privacy Act

AGENCY: Departmental Offices, Treasury.

ACTION: Proposed Rule.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the

Department of the Treasury gives notice

of a proposed amendment to 31 CFR

1.36 to exempt a new system of records,

the Suspicious Activity Reporting

System (the ‘‘SAR System’’), Treasury/

DO .212, from certain provisions of the

Privacy Act. The exemptions are

intended to increase the value of the

system of records for law enforcement

purposes, to comply with legal

prohibitions against the disclosure of

certain kinds of information, and to

protect certain information about

individuals maintained in the system of

records.

DATES: Comments must be received no

later than April 25, 1997.

ADDRESSES: Comments should be sent to

Office of Legal Counsel, Financial

Crimes Enforcement Network

(‘‘FinCEN’’), 2070 Chain Bridge Road,

Suite 200, Vienna, VA 22182–2536.

Comments will be made available for

inspection and copying by appointment.

Persons wishing such an opportunity

should call Eileen Dolan at (703) 905–

3590.

FOR FURTHER INFORMATION CONTACT:

Cynthia A. Langwiser, Attorney—

Advisor, Financial Crimes Enforcement

Network, 2070 Chain Bridge Road, Suite

200, Vienna, VA 22182, (703) 905–3582.

SUPPLEMENTARY INFORMATION: The rules

of FinCEN, the Board of Governors of

the Federal Reserve System (the

‘‘Board’’), the Office of the Comptroller

of the Currency (‘‘OCC’’), the Federal

Deposit Insurance Corporation