25840 Federal Register / Vol. 62, No. 91 / Monday, May 12, 1997 / Rules and Regulations

Cost Impact

There are approximately 86

McDonnell Douglas Model MD–11

series airplanes of the affected design in

the worldwide fleet. The FAA estimates

that 45 airplanes of U.S. registry will be

affected by this AD, that it will take

approximately 3 work hours per

airplane to accomplish the required

actions, 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 $8,100,

or $180 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.

Regulatory Impact

The regulations adopted herein will

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 final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

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:

97–10–12 McDonnell Douglas: Amendment

39–10024. Docket 96–NM–283–AD.

Applicability: Model MD–11 series

airplanes, as listed in McDonnell Douglas

Service Bulletin MD11–24–111, dated

December 3, 1996; certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

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 detect and correct chafing of the wire

bundles adjacent to the disconnect panel

bracket assembly and consequent inflight

arcing behind the avionics circuit breaker,

which could result in a fire in the wire

bundles and smoke in the cockpit,

accomplish the following:

(a) Within 6 months after the effective date

of this AD: Perform a one-time inspection to

detect riding, chafing, or damage of the wire

bundles adjacent to the disconnect panel

bracket of the observer’s station, in

accordance with McDonnell Douglas Service

Bulletin MD11–24–111, dated December 3,

1996.

(1) Condition 1. If any riding or chafing is

found, and if any damage is found: Prior to

further flight, repair or replace any damaged

wires with new or serviceable wires; install

anti-chafing sleeving on the wire bundles;

and install a grommet along the entire upper

aft edge of the disconnect panel bracket; in

accordance with the service bulletin.

(2) Condition 2. If any riding or chafing is

found, but no damage is found: Prior to

further flight, install anti-chafing sleeving on

the wire bundles, and install a grommet

along the entire upper aft edge of the

disconnect panel bracket, in accordance with

the service bulletin.

(3) Condition 3. If no riding, chafing, or

damage is found: Prior to further flight,

install a protective grommet along the entire

upper aft edge of the disconnect panel

bracket in accordance with the service

bulletin.

(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, Los

Angeles 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, Los Angeles ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Los Angeles 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.

(d) The actions shall be done in accordance

with McDonnell Douglas Service Bulletin

MD11–24–111, dated December 3, 1996. 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

McDonnell Douglas Corporation, 3855

Lakewood Boulevard, Long Beach, California

90846, Attention: Technical Publications

Business Administration, Department C1-L51

(2–60). Copies may be inspected at the FAA,

Transport Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at the

FAA, Transport Airplane Directorate, Los

Angeles Aircraft Certification Office, 3960

Paramount Boulevard, Lakewood, California;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(e) This amendment becomes effective on

June 16, 1997.

Issued in Renton, Washington, on May 5,

1997.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–12250 Filed 5–9–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 310 and 374

RIN 2105–AC64

Inspection and Copying of Department

of Transportation Opinions, Orders,

and Records and Implementation of

the Consumer Credit Protection Act

With Respect to Air Carriers and

Foreign Air Carriers

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: This final rule removes

regulations on the inspection and

copying of DOT opinions, orders, and

records in 14 CFR Part 310 and amends

regulations on the implementation of
Federal Register / Vol. 62, No. 91 / Monday, May 12, 1997 / Rules and Regulations 25841

the Consumer Credit Protection Act

with respect to air carriers and foreign

air carriers in 14 CFR Part 374. The

Department is revoking 14 CFR Part 310

because the provisions of the regulation

are outdated and already encompassed

in 49 CFR Part 7 which adequately

provides for the inspection and copying

of all relevant DOT opinions, orders,

and records. With regard to 14 CFR Part

374, the Department is revising the

regulation to update both the agency

references and statutory citations. These

actions are taken in response to the

President’s Regulatory Reinvention

Initiative.

DATES: This rule is effective on June 11,

1997.

FOR FURTHER INFORMATION CONTACT:

Dayton Lehman, Office of Aviation

Enforcement and Proceedings (C–70),

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590, (202) 366–9342.

SUPPLEMENTARY INFORMATION:

I. Inspection and Copying of DOT

Opinions, Orders, and Records

In an effort to eliminate duplication of

its regulations in the Code of Federal

Regulations (CFR) and to eliminate

outdated information, the Department is

removing 14 CFR Part 310. Part 310

provides for the inspection and copying

of certain DOT opinions, orders, and

records. An outdated list of certain

materials once made available by the

Civil Aeronautics Board is contained in

the rule. However, materials are already

made available to the general public

under the DOT Public Availability of

Information provisions (49 CFR Part 7),

the Freedom of Information Act (5

U.S.C. 552), and through the DOT

Docket Section. Continuing to have two

regulations that perform the same

function is not necessary and 14 CFR

Part 310 is therefore being removed.

II. Implementation of the Consumer

Credit Protection Act With Respect to

Air Carriers and Foreign Air Carriers

The Department is amending 14 CFR

Part 374 to update both the language of

the regulation and the references to the

statutory provisions that it implements.

Since the regulation was first adopted,

the Department of Transportation has

replaced the Civil Aeronautics Board

(CAB) as the agency with enforcement

responsibility under the regulation.

Thus, the regulation is being amended

to reflect this change. In addition, some

of the statutory citations in the

regulation are outdated and are being

revised in this final rule. Overall, the

amended regulation will accurately

reflect both the current role of the

Department and the correct statutory

provisions being implemented by the

rule. The changes are editorial and not

substantive.

III. Waiver of Proposed Rulemaking

In developing this final rule, we are

dispensing with the usual notice of

proposed rulemaking and public

comment procedures set forth in the

Administrative Procedure Act (APA) (5

U.S.C. 553). The APA provides an

exception to the notice and comment

procedures when an agency finds there

is good cause for dispensing with such

procedures on the basis that they are

impracticable, unnecessary or contrary

to the public interest. We have

determined that under 5 U.S.C. 553

good cause exists for dispensing with

the notice of proposed rulemaking and

public comment procedures for this rule

because the changes are purely editorial

and administrative in nature.

IV. Regulatory Statements

Executive Order 12866

This final rule is considered

nonsignificant under DOT’s Policies and

Procedures. The rule would have no

economic impact and no further

regulatory evaluation was prepared. The

rule merely eliminates the duplicative

and outdated provisions of 14 CFR Part

310 and amends the provisions of 14

CFR Part 374 to reflect current agency

responsibilities and statutory authority.

The elimination of 14 CFR Part 310 will

have no affect on the general public

since there are other readily available

methods of obtaining DOT records, and

a regulation governing those methods.

Likewise, this rule’s revision to 14 CFR

Part 374 will have no substantive

impact on its provisions. It was not

reviewed by the Office of Management

and Budget (OMB) under Executive

Order 12866.

Regulatory Flexibility Act

This rulemaking will have no impact

on small entities for the reasons stated

above. Under the provisions of the

Regulatory Flexibility Act (5 U.S.C.

601–612), I certify that this rule will not

have a significant economic impact on

a substantial number of small entities,

and that a regulatory flexibility analysis

is not required for this rulemaking.

Paperwork Reduction Act

This final rule imposes no new

reporting or record-keeping

requirements necessitating clearance by

OMB.

List of Subjects

14 CFR Part 310

Administrative practice and

procedure, Freedom of information,

Records.

14 CFR Part 374

Administrative practice and

procedure, Air carriers, Consumer

protection, Enforcement.

Accordingly, the Department of

Transportation removes 14 CFR Part 310

and amends 14 CFR Part 374 as set forth

below:

CHAPTER II—OFFICE OF THE SECRETARY,

DEPARTMENT OF TRANSPORTATION

(AVIATION PROCEEDINGS)

PART 310—INSPECTION AND

COPYING OF DOT OPINIONS,

ORDERS, AND RECORDS [REMOVED]

1. Under the Authority of 49 U.S.C.

40113, Part 310 is removed.

PART 374—IMPLEMENTATION OF THE

CONSUMER CREDIT PROTECTION

ACT WITH RESPECT TO AIR

CARRIERS AND FOREIGN AIR

CARRIERS [AMENDED]

B. Part 374 is amended as set forth

below:

1. The authority citation for Part 374

is revised to read as follows:

Authority: 15 U.S.C. 1601–1693r; 49 U.S.C.

Subtitle VII; and 12 CFR parts 202 and 226.

2. Section 374.1 is revised to read as

follows:

§ 374.1 Purpose.

The purpose of this part is to state the

Department of Transportation’s

responsibility to enforce air carrier and

foreign air carrier compliance with

Subchapters I, III, IV, V and VI of the

Consumer Credit Protection Act and

Regulations B and Z of the Board of

Governors of the Federal Reserve

System.

3. Section 374.3 revised to read as

follows:

§ 374.3 Compliance with the Consumer

Credit Protection Act and regulations.

(a) Each air carrier and foreign air

carrier shall comply with the

requirements of the Consumer Credit

Protection Act, 15 U.S.C. 1601–1693r.

Any violation of the following

requirements of that Act will be a

violation of 49 U.S.C. Subtitle VII,

enforceable by the Department of

Transportation:

(1) The Truth in Lending Act, as

supplemented by the Fair Credit Billing

Act, 15 U.S.C. 1601–1667, requiring

disclosure of credit terms to the

consumer and prohibiting inaccurate or
25842 Federal Register / Vol. 62, No. 91 / Monday, May 12, 1997 / Rules and Regulations

1Standards For Business Practices Of Interstate

Natural Gas Pipelines, Order No. 587–B, 62 FR 5521

(Feb. 6, 1997), III FERC Stats. & Regs. Regulations

Preambles ¶ 31,046 (Jan. 30, 1997).

2Standards For Business Practices Of Interstate

Natural Gas Pipelines, Order No. 587, 61 FR 39053

(Jul. 26, 1996), III FERC Stats. & Regs. Regulations

Preambles ¶ 31,038 (Jul. 17, 1996), reh’g denied,

Order No. 587–A, 61 FR 55208 (Oct. 25, 1996), 77

FERC ¶ 61,061 (Oct. 21, 1996).

3This information includes notices (critical

notices, operation notices, system-wide notices);

Order No. 566 affiliated marketer information

(affiliate allocation log, discount postings);

operationally available and unsubscribed capacity;

Index of Customers; and the pipeline’s tariff.

unfair credit billing and credit card

practices.

(2) The Fair Credit Reporting Act, 15

U.S.C. 1681–1681 setting forth

requirements to be met by consumer

credit reporting agencies and persons

who use consumer credit reports.

(b) Each air carrier and foreign air

carrier shall comply with the

requirements of Regulation B, 12 CFR

part 202, and Regulation Z, 12 CFR part

226, of the Board of Governors of the

Federal Reserve Board. Any violation of

the requirements of those regulations

will be a violation of 49 U.S.C. Subtitle

VII, enforceable by the Department of

Transportation.

4. Section 374.4 is revised to read as

follows:

§ 374.4 Enforcement procedure.

The statutes and regulations referred

to in § 374.3 may be enforced by an

enforcement procedure as set forth in

part 302 of this chapter or by the

assessment of civil penalties under 49

U.S.C. 46301.

Issued in Washington, DC on March 24,

1997.

Rodney E. Slater,

Secretary of Transportation.

[FR Doc. 97–9783 Filed 5–9–97; 8:45 am]

BILLING CODE 4910–62–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 284

[Docket Nos. RM96–1–005, RP97–276–000;

Order No. 587–E]

Standards for Business Practices of

Interstate Natural Gas Pipelines

Issued May 6, 1997.

AGENCY: Federal Energy Regulatory

Commission, DOE.

ACTION: Final rule; Order denying

rehearing and request for waiver.

SUMMARY: The Federal Energy

Regulatory Commission is denying

requests for rehearing of Order No. 587–

B (62 FR 5521, Feb. 6, 1997). Order No.

587–B incorporated by reference

standards promulgated by the Gas

Industry Standards Board requiring

interstate pipelines to exchange data

necessary to conduct certain business

transactions across the Internet

according to protocols established in the

standards. The format for the data was

adopted by the Commission in Order

No. 587. 61 FR 39053 (Jul. 26, 1996).

The order clarifies pipelines’ obligations

in implementing the standards.

DATES: Pipeline implementation of the

Internet requirements runs from April 1,

1997 to June 1, 1997, according to a

staggered schedule established in Order

No. 587.

ADDRESSES: Federal Energy Regulatory

Commission, 888 First Street, NE,

Washington DC, 20426.

FOR FURTHER INFORMATION CONTACT:

Michael Goldenberg, Office of the

General Counsel, Federal Energy

Regulatory Commission, 888 First

Street, NE, Washington, DC 20426,

(202) 208–2294.

Marvin Rosenberg, Office of Economic

Policy, Federal Energy Regulatory

Commission, 888 First Street, NE,

Washington, DC 20426, (202) 208–

1283.

Kay Morice, Office of Pipeline

Regulation, Federal Energy Regulatory

Commission, 888 First Street, NE,

Washington, DC 20426 (202) 208–

0507.

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission provides all interested

persons an opportunity to inspect or

copy the contents of this document

during normal business hours in Room

2A, 888 First Street, NE, Washington

D.C. 20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem by dialing 202–208–1397 if

dialing locally or 1–800–856–3920 if

dialing long distance. To access CIPS,

set your communications software to

19200, 14400, 12000, 9600, 7200, 4800,

2400, or 1200 bps, full duplex, no

parity, 8 data bits and 1 stop bit. The

full text of this order will be available

on CIPS in ASCII and WordPerfect 5.1

format. CIPS user assistance is available

at 202–208–2474.

CIPS is also available on the Internet

through the Fed World system. Telnet

software is required. To access CIPS via

the Internet, point your browser to the

URL address: http://www.fedworld.gov

and select the ‘‘Go to the FedWorld

Telnet Site’’ button. When your Telnet

software connects you, log on to the

FedWorld system, scroll down and

select FedWorld by typing: 1 and at the

command line and type: /go FERC.

FedWorld may also be accessed by

Telnet at the address fedworld.gov.

Finally, the complete text on diskette

in WordPerfect format may be

purchased from the Commission’s copy

contractor, La Dorn Systems

Corporation. La Dorn Systems

Corporation is also located in the Public

Reference Room at 888 First Street, NE,

Washington, DC 20426.

ORDER DENYING REHEARING AND

REQUEST FOR WAIVER

Before Commissioners: Elizabeth Anne

Moler, Chair; Vicky A. Bailey, James J.

Hoecker, William L. Massey, and Donald F.

Santa, Jr.

On March 3, 1997, Natural Gas

Clearinghouse (NGC) and Ozark Gas

Transmission System (Ozark) filed

requests for rehearing of Order No. 587–

B,1 and, in the case of Ozark, an

alternative request for a waiver. For the

reasons discussed below, the requests

for rehearing and waiver are denied.

Background

In Order No. 587,2 the Commission

incorporated by reference consensus

standards developed by the Gas

Industry Standards Board (GISB)

covering certain industry business

practices—Nominations, Flowing Gas,

Invoicing, and Capacity Release—as

well as datasets that detailed the data

requirements needed to conduct

business transactions in these areas. In

Order No. 587–B, the Commission

incorporated by reference GISB

standards establishing the protocols and

procedures for exchanging these files

over the Internet, with implementation

to follow a staggered schedule beginning

April 1, 1997.

At the same time that GISB passed the

standards for transacting business

transactions over the Internet, it passed

two standards, 4.3.5 and 4.3.6, requiring

pipelines to provide additional

information on an Internet World Wide

Web homepage (homepage).3 GISB

recommended an August 1, 1997

implementation date for the two World

Wide Web standards. GISB also

approved revisions and additions to its

business practices standards, with a

recommendation for tariff filings

beginning May 1997 and

implementation in November 1997.