Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations 20345

have it decontaminated or disposed of

by an NRC or Agreement State licensee

that is authorized to perform these

functions.

* * * * *

(e) * * *

(1) Hydrogen-3 (tritium) sources;

* * * * *

(4) Sources of beta- or gammaemitting radioactive material with an

activity of 3.7 MBq [100 microcuries] or

less; and

(5) Sources of alpha- or neutronemitting radioactive material with an

activity of 0.37 MBq [10 microcuries] or

less.

5. Section 39.41 is revised to read as

follows:

§ 39.41 Design and performance criteria

for sources.

(a) A licensee may use a sealed source

for use in well logging applications if —

(1) The sealed source is doubly

encapsulated;

(2) The sealed source contains

licensed material whose chemical and

physical forms are as insoluble and

nondispersible as practical; and

(3) Meets the requirements of

paragraph (b), (c), or (d) of this section.

(b) For a sealed source manufactured

on or before July 14, 1989, a licensee

may use the sealed source, for use in

well logging applications if it meets the

requirements of USASI N5.10–1968,

‘‘Classification of Sealed Radioactive

Sources,’’ or the requirements in

paragraph (c) or (d) of this section.

(c) For a sealed source manufactured

after July 14, 1989, a licensee may use

the sealed source, for use in well logging

applications if it meets the oil-well

logging requirements of ANSI/HPS

N43.6–1997, ‘‘Sealed Radioactive

Sources—Classification.’’

(d) For a sealed source manufactured

after July 14, 1989, a licensee may use

the sealed source, for use in well logging

applications, if—

(1) The sealed source’s prototype has

been tested and found to maintain its

integrity after each of the following

tests:

(i) Temperature. The test source must

be held at ¥40° C for 20 minutes, 600°

C for 1 hour, and then be subject to a

thermal shock test with a temperature

drop from 600° C to 20° C within 15

seconds.

(ii) Impact test. A 5 kg steel hammer,

2.5 cm in diameter, must be dropped

from a height of 1 m onto the test

source.

(iii) Vibration test. The test source

must be subject to a vibration from 25

Hz to 500 Hz at 5 g amplitude for 30

minutes.

(iv) Puncture test. A 1 gram hammer

and pin, 0.3 cm pin diameter, must be

dropped from a height of 1 m onto the

test source.

(v) Pressure test. The test source must

be subject to an external pressure of

1.695 × 107 pascals [24,600 pounds per

square inch absolute]. (e) The requirements in paragraphs

(a), (b), (c), and (d) of this section do not

apply to sealed sources that contain

licensed material in gaseous form. (f) The requirements in paragraphs (a),

(b), (c), and (d) of this section do not

apply to energy compensation sources

(ECS). ECSs must be registered with the

Commission under § 32.210 of this

chapter or with an Agreement State.

6. Section 39.49 is revised to read as

follows:

§ 39.49 Uranium sinker bars.

The licensee may use a uranium

sinker bar in well logging applications

only if it is legibly impressed with the

words ‘‘CAUTION—RADIOACTIVE–

DEPLETED URANIUM’’ and ‘‘NOTIFY

CIVIL AUTHORITIES (or COMPANY

NAME) IF FOUND.’’

7. Section 39.53 is added to read as

follows:

§ 39.53 Energy compensation source.

The licensee may use an energy

compensation source (ECS) which is

contained within a logging tool, or other

tool components, only if the ECS

contains quantities of licensed material

not exceeding 3.7 MBq [100

microcuries].

(a) For well logging applications with

a surface casing for protecting fresh

water aquifers, use of the ECS is only

subject to the requirements of §§ 39.35,

39.37 and 39.39.

(b) For well logging applications

without a surface casing for protecting

fresh water aquifers, use of the ECS is

only subject to the requirements of

§§ 39.15, 39.35, 39.37, 39.39, 39.51, and

39.77.

8. Section 39.55 is added to read as

follows:

§ 39.55 Tritium neutron generator target

source.

(a) Use of a tritium neutron generator

target source, containing quantities not

exceeding 1,110 MBq [30 curies] and in

a well with a surface casing to protect

fresh water aquifers, is subject to the

requirements of this part except

§§ 39.15, 39.41, and 39.77.

(b) Use of a tritium neutron generator

target source, containing quantities

exceeding 1,110 MBq [30 curies] or in

a well without a surface casing to

protect fresh water aquifers, is subject to

the requirements of this part except

§ 39.41.

9. Section 39.77 is amended by

revising paragraph (c)(1), redesignating

paragraphs (d)(9) and (d)(10) as

paragraphs (d)(10) and (d)(11), and

adding a new paragraph (d)(9) to read as

follows:

§ 39.77 Notification of incidents and lost

sources; abandonment procedures for

irretrievable sources.

* * * * *

(c) * * *

(1) Notify the appropriate NRC

Regional Office by telephone of the

circumstances that resulted in the

inability to retrieve the source and—

(i) Obtain NRC approval to implement

abandonment procedures; or

(ii) That the licensee implemented

abandonment before receiving NRC

approval because the licensee believed

there was an immediate threat to public

health and safety; and

* * * * *

(d) * * *

(9) The immediate threat to public

health and safety justification for

implementing abandonment if prior

NRC approval was not obtained in

accordance with paragraph (c)(1)(ii) of

this section;

* * * * *

Dated at Rockville, Maryland, this 3rd day

of April, 2000.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 00–9468 Filed 4–14–00; 8:45 am]

BILLING CODE 7590–01–P

FEDERAL HOUSING FINANCE BOARD

12 CFR Part 910

[No. 2000–19]

RIN 3069–AB02

Amendments to the Freedom of

Information Act Regulation

AGENCY: Federal Housing Finance

Board.

ACTION: Final rule.

SUMMARY: The Federal Housing Finance

Board (Finance Board) is amending its

Freedom of Information Act (FOIA)

regulation to reflect an agency

reorganization. Responsibility for

administering the Finance Board’s FOIA

program has been transferred from the

Executive Secretariat to the Office of

General Counsel and the Deputy

General Counsel of the Administrative

Law Division has replaced the Secretary

to the Board of Directors as the Finance

Board’s FOIA officer.

20346 Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations

EFFECTIVE DATE: The final rule will

become effective on April 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Janice A. Kaye, Attorney-Advisor, Office

of General Counsel, by telephone at 202/

408–2505, by electronic mail at

kayej@fhfb.gov, or by regular mail at the

Federal Housing Finance Board, 1777 F

Street, N.W., Washington, D.C. 20006.

SUPPLEMENTARY INFORMATION:

As a result of an agency

reorganization, responsibility for

administering the Finance Board’s FOIA

program was transferred from the

Executive Secretariat to the Office of

General Counsel effective March 20,

2000. As part of the transfer of

responsibility, the Deputy General

Counsel of the Administrative Law

Division has replaced the Secretary to

the Board of Directors as the Finance

Board’s FOIA officer. The FOIA officer

is authorized to make all initial denial

determinations under the Finance

Board’s FOIA regulation. The Finance

Board is amending its FOIA regulation

to conform to the reassignment of

responsibility and authority. More

specifically, the Finance Board is

replacing the term ‘‘Secretary to the

Board’’ and the term ‘‘Finance Board’’

with the term ‘‘FOIA Officer’’ where

appropriate.

Notice and Public Participation

Because it is in the public interest to

conform the Finance Board’s FOIA

regulation to the agency reorganization

that already has taken effect, the

Finance Board for good cause finds that

the notice and publication requirements

of the Administrative Procedures Act

are unnecessary. See 5 U.S.C.

553(b)(3)(B). Accordingly, the Finance

Board is promulgating these technical,

procedural changes as a final rule.

Effective Date

For the reasons stated in part III

above, the Finance Board for good cause

finds that the final rule should become

effective on April 17, 2000. See 5 U.S.C.

553(d)(3).

Regulatory Flexibility Act

The Finance Board is adopting the

amendments to part 910 in the form of

a final rule and not as a proposed rule.

Therefore, the provisions of the

Regulatory Flexibility Act do not apply.

See 5 U.S.C. 601(2), 603(a).

Paperwork Reduction Act

The final rule does not contain any

collections of information pursuant to

the Paperwork Reduction Act of 1995.

See 44 U.S.C. 3501 et seq. Consequently,

the Finance Board has not submitted

any information to the Office of

Management and Budget for review.

List of Subjects in Part 910

Confidential business information,

Federal home loan banks, Freedom of

information.

For the reasons stated in the

preamble, the Finance Board hereby

amends 12 CFR part 910 as follows:

PART 910—FREEDOM OF

INFORMATION ACT REGULATION

1. The authority citation for part 910

continues to read as follows:

Authority: 5 U.S.C. 552; 52 FR 10012 (Mar.

27, 1987).

2. In part 910, remove the term

‘‘Secretary to the Board’’ everywhere it

appears and add in its place the term

‘‘FOIA Officer.’’

3. In § 910.1, remove the definition of

the term ‘‘Secretary to the Board’’ and

add a definition of the term ‘‘FOIA

Officer’’ to read as follows:

§ 910.1 Definitions.

* * * * *

FOIA Officer means the Finance

Board employee who is authorized to

make determinations as provided in this

part. The mailing address for the FOIA

Officer is Federal Housing Finance

Board, 1777 F Street, NW, Washington,

DC 20006.

* * * * *

4. Revise § 910.3(b) to read as follows:

§ 910.3 Requests for records.

* * * * *

(b) Incomplete requests. If a request

does not meet all of the requirements of

paragraph (a) of this section, the FOIA

Officer may advise the requester that

additional information is needed. If the

requester submits a corrected request,

the FOIA Officer shall treat the

corrected request as a new request.

5. Amend § 910.4 by revising

paragraph (c)(3), the first sentence of

paragraph (d)(1), and paragraph (e) to

read as follows:

§ 910.4 Finance Board response to

requests for records.

* * * * *

(c) * * *

(3) The opportunity for the requester

to either limit the scope of the request

so that the FOIA Officer may process it

in accordance with paragraph (a) of this

section, or arrange an alternative time

frame for processing the request or a

modified request.

(d) Expedited processing. (1) The

FOIA Officer shall process a request for

records as soon as practicable if it is

determined that expedited processing is

appropriate or the requester

demonstrates a compelling need. * * *

* * * * *

(e) Providing responsive records. The

FOIA Officer shall provide one copy of

a record to a requester in any form or

format requested if the record is readily

reproducible by the Finance Board in

that form or format by regular U.S. mail

to the address indicated in the request

unless other arrangements are made,

such as taking delivery of the document

at the Finance Board. At the option of

the requester and upon the requester’s

agreement to pay fees in accordance

with § 910.9, the FOIA Officer shall

provide copies by facsimile

transmission or other express delivery

methods.

6. Revise § 910.7 to read as follows:

§ 910.7 Records of financial regulatory

agencies held by the Finance Board.

The Finance Board shall not disclose

an examination, operating, or condition

report, or other record prepared by, on

behalf of, or for the use of a financial

regulatory agency. Upon a receipt of a

request for such records, the FOIA

Officer shall promptly refer the request

to the appropriate agency and notify the

requester of the referral.

7. Amend § 910.8 by revising

paragraph (a)(1) to read as follows:

§ 910.8 Appeals.

(a) Procedure. (1) If the FOIA Officer

has denied a request in whole or in part,

the requester may appeal the denial by

submitting a written application to the

FOIA Officer stating the grounds for the

appeal within 30 working days of the

date of the determination under § 910.4.

* * * * *

8. Amend § 910.9 by revising

paragraph (c), paragraph (d)

introductory text, paragraph (d)(3)(ii)

introductory text, paragraph (e),

paragraphs (f)(3) through (f)(5), and

paragraph (g) introductory text to read

as follows:

§ 910.9 Fees.

* * * * *

(c) Interest. The Finance Board may

assess interest at the rate prescribed in

31 U.S.C. 3717 on any unpaid fees

beginning 31 days after the earlier of the

date of the determination under § 910.4

or the date a fee statement is mailed to

a requester. Interest shall accrue from

such date.

(d) Exceptions. Notwithstanding

paragraphs (a) or (b) of this section, the

FOIA Officer may determine not to

assess a fee or to reduce a fee if:

(3) * * *

Federal Register / Vol. 65, No. 74 / Monday, April 17, 2000 / Rules and Regulations 20347

(ii) In determining whether disclosure

of a record is in the public interest, the

FOIA Officer shall consider whether the

record:

* * * * *

(e) Aggregating requests. If the FOIA

Officer reasonably believes that a

requester or a group of requesters acting

in concert is attempting to break a

request down into a series of requests

for the purpose of evading the

assessment of fees, the FOIA Officer

may aggregate such requests and assess

fees in accordance with this section.

(f) Collecting fees. ***

(3) Prior to disclosing any record, the

FOIA Officer may require a requester to

agree in writing to pay actual fees and

interest incurred in accordance with

this section if the estimated fee will

likely exceed $25 but not $250.

(4) The FOIA Officer may require a

requester to pay an estimated fee in

advance if:

(i) It is determined that the fee will

likely exceed $250; or

(ii) The requester has previously

failed to pay a fee assessed under this

section within 30 days of the earlier of

the date of the determination under

§ 910.4 or the date a fee statement was

mailed to a requester.

(5) The Finance Board shall promptly

refund to a requester any estimated

advance fee paid under paragraph (f)(4)

of this section that exceeds the actual

fee. The FOIA Officer shall assess the

requester for the amount by which the

actual fee exceeds the estimated

advance fee payment.

(g) Fee schedule. The FOIA Officer

shall assess fees in accordance with the

following schedule:

* * * * *

Dated: April 6, 2000.

By the Board of Directors of the Federal

Housing Finance Board.

Bruce A. Morrison,

Chairman.

[FR Doc. 00–9454 Filed 4–14–00; 8:45 am]

BILLING CODE 6725–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–252–AD; Amendment

39–11677; AD 99–13–08 R1]

RIN 2120–AA64

Airworthiness Directives; Lockheed

Model L–1011–385 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment revises an

existing airworthiness directive (AD),

applicable to all Lockheed Model L–

1011–385 series airplanes, that currently

requires inspections to detect cracking

and other discrepancies of certain webto-cap fasteners of the rear spar between

inner wing station (IWS) 310 and IWS

343, and of the web area around those

fasteners; various follow-on actions; and

modification of the web-to-cap fastener

holes of the rear spar between IWS 299

and IWS 343, which, when

accomplished, defers the initiation of

the inspections for a certain period of

time. The actions specified by that AD

are intended to prevent fatigue cracking

in the web of the rear spar of the wing,

which could result in failure of the rear

spar of the wing and consequent fuel

spillage. This amendment, for certain

airplanes, extends the compliance time

for the modification of the web-to-cap

fastener holes, and eliminates references

to modification of the outboard spar.

DATES: Effective May 22, 2000.

The incorporation by reference of

Lockheed Service Bulletin 093–57–218,

dated April 11, 1996, was approved

previously by the Director of the Federal

Register as of June 27, 1996 (61 FR

29642, June 12, 1996).

The incorporation by reference of

certain other publications, as listed in

the regulations, was approved

previously by the Director of the Federal

Register as of July 28, 1999 (64 FR

33386, June 23, 1999).

ADDRESSES: The service information

referenced in this AD may be obtained

from Lockheed Martin Aircraft &

Logistics Center, 120 Orion Street,

Greenville, South Carolina 29605. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, One Crown

Center, 1895 Phoenix Boulevard, suite

450, Atlanta, Georgia; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Thomas Peters, Aerospace Engineer,

Systems and Flight Test Branch, ACE–

116A, FAA, Small Airplane Directorate,

Atlanta Aircraft Certification Office,

One Crown Center, 1895 Phoenix

Boulevard, Suite 450, Atlanta, Georgia

30337–2748; telephone (770) 703–6063;

fax (770) 703–6097.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by revising AD 99–13–08, amendment

39–11202 (64 FR 33386, June 23, 1999),

which is applicable to all Lockheed

Model L–1011–385 series airplanes, was

published in the Federal Register on

November 8, 1999 (64 FR 60750). The

action proposed to continue to require

inspections to detect cracking and other

discrepancies of certain web-to-cap

fasteners of the rear spar between inner

wing station (IWS) 310 and IWS 343,

and of the web area around those

fasteners; and various follow-on actions.

The action also proposed, for certain

airplanes, to extend the compliance

time for the modification of the web-tocap fastener holes, and eliminate

references to modification of the

outboard spar.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

There are approximately 235

Lockheed Model L–1011–385 series

airplanes of the affected design in the

worldwide fleet. The FAA estimates that

117 airplanes of U.S. registry will be

affected by this AD. The requirements of

this AD will not add any new additional

economic burden on affected operators.

Also, because the existing AD states the

cost impact only for the required

modification and not for the acceptable

alternatives that were provided for

certain airplanes, no change to the cost

impact information is necessary. The

current costs associated with this

amendment are reiterated in their

entirety (as follows) for the convenience

of affected operators:

The inspections that are currently

required by AD 99–13–08 take

approximately 13 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based

on these figures, the cost impact of the

currently required inspections on U.S.

operators is estimated to be $91,260, or

$780 per airplane, per inspection cycle.

The modification that is currently

required by AD 99–13–08 takes

approximately 100 work hours per

airplane to accomplish, at an average

labor rate of $60 per work hour. Based