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

12963

Vol. 70, No. 51

Thursday, March 17, 2005

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20631; Directorate 

Identifier 2005–NM–025–AD; Amendment 

39–14012; AD 2005–06–04] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD) 

that applies to certain Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) airplanes. The existing 

AD currently requires repetitive 

inspections of the left and right engine 

throttle control gearboxes for wear, and 

corrective action if necessary. The 

existing AD was prompted by numerous 

failures of the engine throttle control 

gearbox, some of which resulted in an 

in-flight engine shutdown. This AD 

adds airplanes to the applicability of the 

existing AD. We are issuing this AD to 

prevent excessive wear of the gearboxes 

and subsequent movement or jamming 

of the engine throttle; movement of the 

throttle towards the idle position brings 

it close to the fuel shut-off position, 

which could result in an in-flight engine 

shutdown.

DATES: Effective April 1, 2005. 

On July 9, 2004 (69 FR 35239, June 

24, 2004), the Director of the Federal 

Register approved the incorporation by 

reference of Bombardier Service 

Bulletin 601R–76–019, Revision ‘A,’ 

dated February 19, 2004. 

On March 25, 2004 (69 FR 11293, 

March 10, 2004), the Director of the 

Federal Register approved the 

incorporation by reference of 

Bombardier Service Bulletin 601R–76–

019, dated August 21, 2003. 

We must receive any comments on 

this AD by May 16, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this AD, contact Bombardier, Inc., 

Canadair, Aerospace Group, P.O. Box 

6087, Station Centre-ville, Montreal, 

Quebec H3C 3G9, Canada. 

You can examine the contents of this 

AD docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2005–

20631; the directorate identifier for this 

docket is 2005–NM–025–AD. 

Examining the Docket 

You can examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the DMS 

receives them.

FOR FURTHER INFORMATION CONTACT:

Richard Beckwith, Aerospace Engineer, 

Airframe and Propulsion Branch, ANE–

171, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Westbury, New York 11581; 

telephone (516) 228–7302; fax (516) 

794–5531.

SUPPLEMENTARY INFORMATION: On June 

10, 2004, the FAA issued AD 2004–05–

12 R1, amendment 39–13683 (69 FR 

35239, June 24, 2004), for certain 

Bombardier Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes. That AD requires repetitive 

inspections of the left and right engine 

throttle control gearboxes for wear, and 

corrective action if necessary. That AD 

was prompted by numerous failures of 

the engine throttle control gearbox, 

some of which resulted in an in-flight 

engine shutdown. We issued that AD to 

prevent excessive wear of the gearboxes 

and subsequent movement or jamming 

of the engine throttle; movement of the 

throttle towards the idle position brings 

it close to the fuel shut-off position, 

which could result in an in-flight engine 

shutdown. 

Actions Since AD Was Issued 

AD 2004–05–12 R1 was originally 

issued with a limited applicability 

because Transport Canada Civil 

Aviation (TCCA), which is Canada’s 

aviation authority, did not expect that 

Bombardier would produce any 

airplanes beyond serial number 7999. 

Recently, Bombardier has produced 

airplanes with serial numbers 8000 and 

subsequent. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 601R–76–019, dated August 21, 

2003; and Revision ‘A’, dated February 

19, 2004; which provide instructions for 

detailed inspection for wear of the left 

and right engine throttle control 

gearboxes, and corrective actions if 

necessary. The corrective actions 

include replacing the gearbox with a 

new or serviceable gearbox. We have 

determined that accomplishment of the 

actions specified in the service 

information will adequately address the 

unsafe condition. 

TCCA mandated the service 

information and issued Canadian 

airworthiness directive CF–2004–01, 

dated January 21, 2004, to ensure the 

continued airworthiness of these 

airplanes in Canada. 

FAA’s Determination and Requirements 

of This AD 

These airplane models are 

manufactured in Canada and are type 

12964 Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules and Regulations 

certificated for operation in the United 

States under the provisions of § 21.29 of 

the Federal Aviation Regulations (14 

CFR 21.29) and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

TCCA has kept us informed of the 

situation described above. We have 

examined TCCA’s findings, evaluated 

all pertinent information, and 

determined that AD action is necessary 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are issuing this AD to 

supersede AD 2004–05–12 R1. This new 

AD continues to require repetitive 

inspections of the left and right engine 

throttle control gearboxes for wear, and 

corrective action if necessary. This AD 

also applies to additional serial 

numbered airplanes beyond the last 

serial number listed in the applicability 

of the existing AD. This AD requires you 

to use the Bombardier service 

information described previously to 

perform these actions, except as 

discussed under ‘‘Difference Between 

the AD and Service Information.’’ This 

action also requires that operators report 

the inspection results to Bombardier.

Differences Between the AD and 

Service Information 

Although the Bombardier service 

information recommends returning 

discrepant gearboxes to the parts 

manufacturer, this AD does not contain 

that requirement. 

The service information also does not 

define the type of inspection for wear of 

the engine throttle control gearboxes. 

We have clarified the inspection 

requirement contained in the AD as a 

detailed inspection. A note has been 

added to the AD to define that 

inspection. 

Differences Between the AD and 

Canadian Airworthiness Directive CF–

2004–01 

TCCA did not anticipate that 

Bombardier would produce additional 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) airplanes beyond 

serial numbers 7003 through 7067 

inclusive, and 7069 through 7999 

inclusive. Therefore, Canadian 

airworthiness directive CF–2004–01, 

dated January 21, 2004, limits the 

applicability to those serial numbers. 

Because Bombardier has recently 

produced airplanes with serial numbers 

8000 and subsequent, this AD applies to 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) airplanes, serial 

numbers 7003 through 7067 inclusive, 

and 7069 and subsequent. We have 

coordinated with TCCA that we are 

superseding AD 2004–05–12 R1 to 

include airplanes having serial numbers 

8000 and subsequent. 

Change to Existing AD 

This AD retains all requirements of 

AD 2004–05–12 R1. Since AD 2004–05–

12 R1 was issued, the AD format has 

been revised, and certain paragraphs 

have been rearranged. As a result, the 

corresponding paragraph identifiers 

have changed in this AD, as listed in the 

following table:

REVISED PARAGRAPH IDENTIFIERS

Requirement in AD 2004–

05–12 R1 

Corresponding

requirement

in this AD 

Paragraph (a) .................... Paragraph (f). 

Paragraph (b) .................... Paragraph (g). 

Paragraph (c) ..................... Paragraph (h). 

Interim Action 

We consider this AD to be interim 

action. The reports that you are required 

to submit will enable the manufacturer 

to obtain better insight into the nature, 

cause, and extent of the wear of the 

engine throttle control gearbox, and 

eventually to develop final action to 

address the unsafe condition. Once final 

action has been identified, we may 

consider further rulemaking. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–20631; Directorate Identifier 

2005–NM–025–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD. We will consider all 

comments received by the closing date 

and may amend the AD in light of those 

comments. 

We will post all comments we 

receive, without change, to http://

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

anyone can find and read the comments 

in any of our dockets, including the 

name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You can review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78), or you can visit 

http://dms.dot.gov. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We have determined that this AD will 

not have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify that the 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. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD. See the ADDRESSES section for 

a location to examine the regulatory 

evaluation.

Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules and Regulations 12965

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety.

Adoption of the Amendment

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA 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. The FAA amends § 39.13 by 

removing amendment 39–13683 (69 FR 

35239, June 24, 2004), and adding the 

following new airworthiness directive 

(AD):

2005–06–04 Bombardier, Inc (Formerly 

Canadair): Amendment 39–14012. 

Docket No. FAA–2005–20631; 

Directorate Identifier 2005–NM–025–AD. 

Effective Date 

(a) This AD becomes effective April 1, 

2005. 

Affected ADs 

(b) This AD supersedes AD 2004–05–12 

R1, amendment 39–13683 (69 FR 35239, June 

24, 2004).

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 & 440) 

airplanes, serial numbers (S/Ns) 7003 

through 7067 inclusive, and 7069 and 

subsequent, certificated in any category. 

Unsafe Condition 

(d) This AD was prompted by numerous 

failures of the engine throttle control gearbox, 

some of which resulted in an in-flight engine 

shutdown. We are issuing this AD to prevent 

excessive wear of the gearboxes and 

subsequent movement or jamming of the 

engine throttle; movement of the throttle 

towards the idle position brings it close to 

the fuel shut-off position, which could result 

in an in-flight engine shutdown. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Repetitive Inspections 

(f) At the applicable time specified in 

paragraph (f)(1) or (f)(2) of this AD, do a 

detailed inspection for wear of the left and 

right engine throttle control gearboxes having 

part number (P/N) 2100140–005 or 2100140–

007 by doing all the actions per part A, 

paragraphs A., B., and C.(1) through C.(4), of 

the Accomplishment Instructions of 

Bombardier Service Bulletin 601R–76–019, 

dated August 21, 2003; or Revision ‘‘A,’’

dated February 19, 2004. If the wear value is 

the same as that specified in part A, 

paragraph B.(8), of the Accomplishment 

Instructions of the service bulletin, repeat the 

inspection thereafter at intervals not to 

exceed 1,000 flight hours. 

(1) For airplanes having SNs 7003 through 

7067 inclusive and 7069 through 7999 

inclusive: Within 1,000 flight hours or 90 

days after March 25, 2004 (the effective date 

of AD 2004–05–12), whichever is later. 

(2) For airplanes having S/Ns 8000 and 

subsequent: Within 1,000 flight hours or 90 

days after the effective date of this AD, 

whichever is later.

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive visual 

examination of a specific structural area, 

system, installation, or assembly to detect 

damage, failure, or irregularity. Available 

lighting is normally supplemented with a 

direct source of good lighting at an intensity 

deemed appropriate by the inspector. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be used. Surface cleaning 

and elaborate access procedures may be 

required.’’

Corrective Action 

(g) If the wear value found during any 

inspection required by paragraph (f) of this 

AD is not the same as that specified in part 

A, paragraph B.(8), of the Accomplishment 

Instructions of Bombardier Service Bulletin 

601R–76–019, dated August 21, 2003; or 

Revision ‘‘A,’’ dated February 19, 2004: Do 

the applicable actions required by paragraph 

(g)(1), (g)(2), or (g)(3) of this AD, at the time 

specified, per the Accomplishment 

Instructions of the service bulletin. Repeat 

the inspection required by paragraph (f) of 

this AD thereafter at intervals not to exceed 

1,000 flight hours. 

(1) If the wear value on one or both of the 

gearboxes is the same as that specified in part 

A, paragraph B.(5), of the Accomplishment 

Instructions of the service bulletin: Before 

further flight, replace the affected gearbox 

with a new or serviceable gearbox, by doing 

all the actions per part B, paragraphs D. 

through F.(7), of the Accomplishment 

Instructions of the service bulletin. 

(2) If the wear value on both the left and 

right gearboxes is the same as that specified 

in part A, paragraph B.(6), of the 

Accomplishment Instructions of the service 

bulletin: Before further flight, replace the 

gearbox having the higher wear value with a 

new or serviceable gearbox, by doing all the 

actions per part B, paragraphs D. through 

F.(7), of the Accomplishment Instructions of 

the service bulletin. Within 1,000 flight hours 

after doing the replacement, replace the other 

gearbox. 

(3) If the wear value on only one gearbox 

is the same as that specified in part A, 

paragraph B.(7), and the wear value on the 

other gearbox is the same as that specified in 

part A, paragraph B.(8), of the 

Accomplishment Instructions of the service 

bulletin: Within 1,000 flight hours after the 

inspection, replace the gearbox with the wear 

value that is the same as that specified in part 

A, paragraph B.(7), with a new or serviceable 

gearbox. Do the replacement by doing all the 

actions per part B, paragraphs D. through 

F.(7), of the Accomplishment Instructions of 

the service bulletin. 

Additional Service Information

Note 2: Bombardier Service Bulletin 601R–

76–019, dated August 21, 2003; and Revision 

‘A,’ dated February 19, 2004; reference Trans 

Digm, Inc., AeroControlex Group, Service 

Bulletin 2100140–007–76–04, dated July 22, 

2003, as an additional source of service 

information for accomplishment of the 

inspections and replacement.

Reporting Requirement 

(h) At the applicable time specified in 

paragraph (h)(1) or (h)(2) of this AD, submit 

a report of gearbox wear to Bombardier 

Aerospace, In-Service Engineering (Engine 

Group); fax (514) 855–7708. The report must 

include the airplane serial number, the 

number of flight hours on the airplane, and 

the number of flight hours on each gearbox 

(if different than the number of flight hours 

on the airplane). Under the provisions of the 

Paperwork Reduction Act of 1980 (44 U.S.C. 

3501 et seq.), the Office of Management and 

Budget (OMB) has approved the information 

collection requirements contained in this AD 

and has assigned OMB Control Number 

2120–0056. 

(1) For Bombardier Model CL–600–2B19 

(Regional Jet Series 100 & 440) airplanes, 

serial numbers 7003 through 7067 inclusive, 

and 7069 through 7999 inclusive: Submit a 

report within 10 days after doing the 

inspection required by paragraph (f) of this 

AD, or within 10 days after March 25, 2004, 

whichever is later. 

(2) For Bombardier Model CL–600–2B19 

(Regional Jet Series 100 & 440) airplanes, 

serial numbers 8000 and subsequent: Submit 

a report within 10 days after doing the 

inspection required by paragraph (f) of this 

AD, or within 10 days after the effective date 

of this AD, whichever is later. 

Alternative Methods of Compliance 

(i) The Manager, New York Aircraft 

Certification Office, FAA, has the authority to 

approve alternative methods of compliance 

(AMOCs) for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(j) Canadian airworthiness directive CF–

2004–01, dated January 21, 2004, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(k) You must use Bombardier Service 

Bulletin 601R–76–019, dated August 21, 

2003; or Bombardier Service Bulletin 601R–

76–019, Revision ‘A,’ dated February 19, 

2004; to perform the actions that are required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Bombardier Service Bulletin 

601R–76–019, Revision ‘‘A,’’ dated February 

19, 2004; on July 9, 2004, (69 FR 35239, June 

24, 2004). 

(2) The Director of the Federal Register 

previously approved the incorporation by 

12966 Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules and Regulations 

reference of Bombardier Service Bulletin 

601R–76–019, dated August 21, 2003; on 

March 25, 2004 (69 FR 11293, March 10, 

2004). 

(3) You can get copies of the service 

information from Bombardier, Inc., Canadair, 

Aerospace Group, P.O. Box 6087, Station 

Centre-ville, Montreal, Quebec H3C 3G9, 

Canada. You can review copies at the Docket 

Management Facility, U.S. Department of 

Transportation, 400 Seventh Street SW., 

room PL–401, Nassif Building, Washington, 

DC; or at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

Issued in Renton, Washington, on March 8, 

2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service.

[FR Doc. 05–5139 Filed 3–16–05; 8:45 am] 

BILLING CODE 4190–13–P

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

14 CFR Part 1214 

[Notice: 05–045] 

RIN 2700–AC39 

Small Self-Contained Payloads 

(SSCPs)

AGENCY: National Aeronautics and 

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: NASA is removing the rule on 

‘‘Small Self-Contained Payloads 

(SSCPs).’’ This rule established the rules 

on Space Shuttle services that are 

provided by NASA to participants in the 

SSCP program. Removal of this rule will 

terminate the SSCP program.

DATES: This regulation is effective 

March 17, 2005.

FOR FURTHER INFORMATION CONTACT:

Anne Sweet, (202) 358–3784.

SUPPLEMENTARY INFORMATION: The 

Vision for Space Exploration, 

announced in January 2004, directs 

NASA to implement a sustained and 

affordable human and robotic program 

to explore the solar system and beyond. 

The first step toward accomplishing 

these goals is returning the Space 

Shuttle to safe flight and fulfilling 

NASA’s obligations to its international 

partners in assembling the International 

Space Station. As NASA returns the 

Space Shuttle to flight, new safety 

enhancements and a backlog of Space 

Station up-mass requirements will 

severely constrain the Agency’s ability 

to launch secondary and tertiary 

payloads aboard the Space Shuttle. 

Once assembly of the International 

Space Station is complete, NASA plans 

to retire the Space Shuttle. Consistent 

with this new direction and the lack of 

future flight opportunities, NASA has 

determined that the SSCP program 

cannot be sustained as a viable activity, 

and the program has been terminated. 

Therefore, NASA has determined that 

14 CFR Ch. V 1214.9 is no longer 

applicable and should be removed.

List of Subjects in 14 CFR Part 1214 

Government employees, Government 

procurement, Security measures, Space 

transportation and exploration.

■ Therefore, under the authority of 42 

U.S.C. 2451 et seq., 14 CFR subpart 

1214.9, consisting of §§ 1214.900 

through 1214.912, is removed.

Subpart 1214.9—[Removed]

Sean O’Keefe, 

Administrator.

[FR Doc. 05–5089 Filed 3–16–05; 8:45 am] 

BILLING CODE 7510–13–P

DEPARTMENT OF DEFENSE

Department of the Navy 

32 CFR Part 725 

RIN 0703–AA76 

Release of Official Information for 

Litigation Purposes and Testimony by 

Department of the Navy Personnel

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Secretary of the Navy’s 

sole delegate for service of process, the 

Navy General Counsel, is changing the 

address where the service of process 

documents shall be delivered. This 

action is being taken in order to 

streamline the service process and 

expedite legal response on behalf of the 

Department of the Navy.

DATES: Effective March 17, 2005.

FOR FURTHER INFORMATION CONTACT: LT 

Samuel Wartell, Administrative 

Assistant, Office of the Navy General 

Counsel, 1000 Navy Pentagon, 

Washington, DC 20350–1000, 703–614–

4473.

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority cited below, the Office 

of the General Counsel, Department of 

the Navy, amends 32 CFR part 725. DOD 

Directive 5530.1 stipulates that the 

General Counsel is the sole delegate of 

the Secretary of the Navy for service of 

process in the Department of the Navy. 

This amendment provides notice that 

the General Counsel wishes to update 

the address given for this procedure in 

order to expedite the legal response on 

behalf of the Department of the Navy. It 

has been determined that invitation of 

public comment on this amendment 

would be impractical and unnecessary, 

and is therefore not required under the 

public rule-making provisions of 32 CFR 

parts 336 and 701. However, interested 

persons are invited to comment in 

writing on this amendment. All written 

comments received will be considered 

in making subsequent amendments or 

revisions of 32 CFR part 725, or the 

instructions on which they are based. It 

has been determined that this final rule 

is not a major rule within the criteria 

specified in Executive Order 12866, as 

amended by Executive Order 13258, and 

does not have substantial impact on the 

public. This submission is a statement 

of policy and as such can be effective 

upon publication of the Federal 

Register.

Matters of Regulatory Procedure

Executive Order 12866, Regulatory 

Planning and Review 

This rule does not meet the definition 

of ‘‘significant regulatory action’’ for 

purposes of Executive Order 12866, as 

amended by Executive Order 13258.

Regulatory Flexibility Act

This rule will not have a significant 

economic impact on a substantial 

number of small entities for purposes of 

the Regulatory Flexibility Act (5 U.S.C. 

chapter 6).

Paperwork Reduction Act

This rule does not impose collection 

of information requirements for 

purposes of the Paperwork Reduction 

Act (44 U.S.C. Chapter 35, 5 CFR part 

1320).

List of Subjects in 32 CFR Part 725 

Courts, Government employees.

■ For the reasons set forth in the 

preamble, the Department of the Navy 

revises 32 CFR 725.6 (d)(D)(iii) to read as 

follows:

PART 725—RELEASE OF OFFICIAL 

INFORMATION FOR LITIGATION 

PURPOSES AND TESTIMONY BY 

DEPARTMENT OF THE NAVY 

PERSONNEL

§ 725.6 Authority to determine and 

respond.

* * * * *

(d) * * * 

(D) * * * 

(iii) Documents. 10 U.S.C. 7861 

provides that the Secretary of the Navy 

has custody and charge of all DON