Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules 2911

public, or the administration of justice,

such that the public or specific

individuals should be advised of the

nature of the allegations. If disclosure of

information is made pursuant to this

paragraph, the Office of the General

Counsel of the Service may define the

scope of information disseminated and

may limit the disclosure of information

to specified individuals or entities;

(B) A practitioner has committed

criminal acts or is under investigation

by law enforcement authorities;

(C) A practitioner is under

investigation by a regulatory or

licensing agency, or has committed acts

or made omissions that may reasonably

result in investigation by a regulatory or

licensing agency;

(D) A practitioner is the subject of

multiple complaints and the Office of

the General Counsel of the Service has

determined not to pursue all of the

complaints. The Office of the General

Counsel of the Service may inform

complainants whose allegations have

not been pursued of the status of the

other preliminary inquiries or the

manner in which the other complaint(s)

against the practitioner have been

resolved.

(ii) Disclosure of information for the

purpose of conducting a preliminary

inquiry. The Office of the General

Counsel of the Service, in the exercise

of discretion, may disclose documents

and information concerning complaints

and preliminary inquiries to the

following individuals or entities:

(A) To witnesses or potential

witnesses in conjunction with a

complaint or preliminary inquiry;

(B) To other governmental agencies

responsible for the enforcement of civil

or criminal laws;

(C) To agencies and other

jurisdictions responsible for

professional licensing;

(D) To the complainant or a lawful

designee; and

(E) To the practitioner who is the

subject of the complaint or preliminary

inquiry or the practitioner’s counsel of

record.

(2) Resolutions reached prior to the

issuance of a Notice of Intent to

Discipline. Resolutions, such as warning

letters, admonitions, and agreements in

lieu of discipline, reached prior to the

issuance of a Notice of Intent to

Discipline will remain confidential.

(3) Notices of Intent to Discipline and

action subsequent thereto. Notices of

Intent to Discipline and any action that

takes place subsequent to their issuance,

except for the imposition of private

censures, may be disclosed to the

public, except that private censures may

become part of the public record if

introduced as evidence or a prior record

of discipline in any subsequent

proceeding. Settlement agreements

reached after the issuance of a Notice of

Intent to Discipline may be disclosed to

the public upon final approval by the

adjudicating official and the

Disciplinary Committee. Disciplinary

hearings are open to the public, except

as noted in § 3.55(a)(iii) of this chapter.

(h) Discipline of government

attorneys. Complaints regarding the

conduct and behavior of government

attorneys shall be directed to the Office

of Professional Responsibility of the

Department of Justice.

Dated: January 12, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–1192 Filed 1–16–98; 8:45 am]

BILLING CODE 4410–30–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–130–AD]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Model PC–7 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain Pilatus

Aircraft Ltd. Model PC–7 airplanes. The

proposed AD would require inspecting

the elevator and rudder attachment

brackets for cracks and/or corrosion,

and repairing or replacing any cracked

or corrosion-damaged parts, as

applicable. The proposed AD is the

result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

Switzerland. The actions specified by

the proposed AD are intended to

prevent failure of the elevator and

rudder attachment brackets because of

cracks or corrosion damage, which

could result in the elevator and/or

rudder separating from the airplane

with consequent loss of airplane

control.

DATES: Comments must be received on

or before February 23, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 97–CE–

130–AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Service information that applies to the

proposed AD may be obtained from

Pilatus Aircraft Ltd., Customer Liaison

Manager, CH–6371 Stans, Switzerland;

telephone: +41 41 619 6509; facsimile:

+41 41 610 3351. This information also

may be examined at the Rules Docket at

the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

Roman T. Gabrys, Aerospace Engineer,

Small Airplane Directorate, Airplane

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone (816) 426–6932;

facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed 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

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 97–CE–130–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–130–AD, Room 1558,
2912 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules

601 E. 12th Street, Kansas City, Missouri

64106.

Discussion

The Federal Office for Civil Aviation

(FOCA), which is the airworthiness

authority for Switzerland, recently

notified the FAA that an unsafe

condition may exist on certain Pilatus

Model PC–7 airplanes. The FOCA of

Switzerland reports instances of

corrosion and cracking in the elevator

and rudder attachment brackets on the

above-referenced airplanes that have

been operated in areas of high humidity

or salt content.

This condition, if not detected and

corrected in a timely manner, could

result in the elevator and/or rudder

separating from the airplane with

consequent loss of airplane control.

Relevant Service Information

Pilatus has issued Service Bulletin

No. 55–002, dated November 7, 1997,

which specifies procedures for

inspecting the elevator and rudder

attachment brackets for cracks and/or

corrosion, and repairing or replacing

any cracked or corrosion-damaged parts,

as applicable.

The FOCA of Switzerland classified

this service bulletin as mandatory and

issued Swiss AD HB 97–440, dated

November 20, 1997, in order to assure

the continued airworthiness of these

airplanes in Switzerland.

The FAA’s Determination

This airplane model is manufactured

in Switzerland and is type certificated

for operation in the United States under

the provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the FOCA of Switzerland has kept the

FAA informed of the situation described

above.

The FAA has examined the findings

of the FOCA; reviewed all available

information, including the service

information referenced above; and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of the Provisions of the

Proposed AD

Since an unsafe condition has been

identified that is likely to exist or

develop in other Pilatus PC–7 airplanes

of the same type design registered in the

United States, the FAA is proposing AD

action. The proposed AD would require

inspecting the elevator and rudder

attachment brackets for cracks and/or

corrosion, and repairing or replacing

any cracked or corrosion-damaged parts,

as applicable. Accomplishment of the

proposed installation would be in

accordance with the previously

referenced service bulletin.

Cost Impact

The FAA estimates that 8 airplanes in

the U.S. registry would be affected by

the proposed AD, that it would take

approximately 7 workhours per airplane

to accomplish the proposed inspection,

and that the average labor rate is

approximately $60 an hour. Inspection

kits cost approximately $106 per

airplane. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be $4,208,

or $526 per airplane.

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 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) 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 has been placed 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 USC 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive

(AD) to read as follows:

Pilatus Aircraft LTD.: Docket No. 97–CE–

130–AD.

Applicability: Model PC–7 airplanes, serial

numbers MSN 001 through MSN 612,

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 (d) 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 in the

body of this AD, unless already

accomplished.

To prevent failure of the elevator and

rudder attachment brackets because of cracks

or corrosion damage, which could result in

the elevator and/or rudder separating from

the airplane with consequent loss of airplane

control, accomplish the following:

(a) Within the next 100 hours time-inservice after the effective date of this AD,

inspect the elevator and rudder attachment

brackets for cracks and/or corrosion in

accordance with Pilatus Service Bulletin No.

55–002, dated November 7, 1997.

(b) If cracked or corrosion-damaged parts

are found during the inspection required by

paragraph (a) of this AD, prior to further

flight, repair or replace any cracked or

corrosion-damaged parts, as specified in and

in accordance with Pilatus Service Bulletin

No. 55–002, dated November 7, 1997.

(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) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, Small Airplane

Directorate, 1201 Walnut, suite 900, Kansas

City, Missouri 64106. The request shall be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Small Airplane Directorate.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Small Airplane

Directorate.

(e) Questions or technical information

related to Pilatus Service Bulletin No. 55–

002, dated November 7, 1997, should be
Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules 2913

directed to Pilatus Aircraft Ltd., Customer

Liaison Manager, CH–6371 Stans,

Switzerland; telephone: +41 41 619 6509;

facsimile: +41 41 610 3351. This service

information may be examined at the FAA,

Central Region, Office of the Regional

Counsel, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106.

Note 3: The subject of this AD is addressed

in Swiss AD HB 97–440, dated November 20,

1997.

Issued in Kansas City, Missouri, on January

12, 1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–1203 Filed 1–16–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ASW–27]

Proposed Revision of Class E

Airspace; Alice, TX

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to revise

the Class E airspace at Alice, TX. The

development of a Global Positioning

System (GPS) Standard Instrument

Approach Procedure (SIAP) to runway

(RWY) 16 and 34 at Old Hoppe Place

Airport, Agua Dulce, TX, has made this

rule necessary. This action is intended

to provide adequate controlled airspace

extending upward from 700 feet or more

above the surface for Instrument Flight

Rules (IFR) operations at Old Hoppe

Place Airport, Agua Dulce, TX.

DATES: Comments must be received on

or before March 23, 1998.

ADDRESSES: Send comments on the

proposal in triplicate to Manager,

Airspace Branch, Air Traffic Division,

Federal Aviation Administration,

Southwest Region, Docket No. 97–

ASW–27, Fort Worth, TX 76193–0520.

The official docket may be examined in

the Office of the Regional Counsel,

Southwest Region, Federal Aviation

Administration, 2601 Meachum

Boulevard, Fort 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

Meachum Boulevard, Fort Worth, TX.

FOR FURTHER INFORMATION CONTACT:

Donald J. Day, Airspace Branch, Air

Traffic Division, Federal Aviation

Administration, Southwest Region, Fort

Worth, TX, 76193–0520; 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

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. 97–AWS–27.’’ The postcard

will be date and time stamped and

returned to the commenter. All

communications received on or before

the specified closing date for comments

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

Regional Counsel, Southwest Region,

Federal Aviation Administration, 2601

Meacham Boulevard, Fort Worth, TX,

both before and after the closing date for

comments. A repot 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

Operations Branch, Air Traffic Division,

Federal Aviation Administration,

Southwest Region, Fort Worth, TX

76193–0520. 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 14 CFR part 71 to revise

the Class E airspace at Alice, TX. The

development of a GPS SIAP to RWY 16

and 34 at Old Hoppe Place Airport,

Agua Dulce, TX, has made this rule

necessary. This action is intended to

provide adequate controlled airspace

extending upward from 700 feet or more

above the surface for IFR operations at

Old Hoppe Place Airport, Agua Dulce,

TX.

The coordinates for this airspace

docket are based on North American

Datum 83. Designated Class E airspace

areas are published in Paragraph 6005 of

FAA Order 7400.9E, dated September

10, 1997, and effective September 16,

1997, 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—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 19, 1997, and effective