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.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

67641 

Vol. 70, No. 215 

Tuesday, November 8, 2005 

FEDERAL RESERVE SYSTEM 

12 CFR Part 268 

[Docket No. OP–1239] 

Rules Regarding Equal Opportunity 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Board of Governors of the 

Federal Reserve System (the Board) is 

soliciting comments on an interim rule 

that would amend the section of its 

Rules Regarding Equal Opportunity 

(EEO Rules) which governs the 

employment of persons who are not 

United States citizens consistent with 

the Board’s requirements for the 

security of its information. The 

amendments would clarify the 

limitations on access to sensitive 

information for non-citizen employees. 

The amendment, which concerns the 

internal management of the Board, is 

issued as an immediately effective 

interim rule, with opportunity for 

public comment, to ensure that hiring 

decisions facing the Board can be made 

as soon as possible. 

DATES: This interim rule is effective 

November 8, 2005. 

Applicability Date: This interim rule 

is applicable to all decisions on access 

to Sensitive Information of the Board as 

of November 8, 2005. 

Comment Date: Submit comments on 

or before January 9, 2006. 

ADDRESSES: You may submit comments, 

identified by Docket No. OP–1239, by 

any of the following methods: 

• Agency Web site: http:// 

www.federalreserve.gov. Follow the 

instructions for submitting comments at 

http://www.federalreserve.gov/ 

generalinfo/foia/ProposedRegs.cfm. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

regs.comments@federalreserve.gov. 

Include docket number in the subject 

line of the message. 

• FAX: 202/452–3819 or 202/452– 

3102. 

• Mail: Jennifer J. Johnson, Secretary, 

Board of Governors of the Federal 

Reserve System, 20th Street and 

Constitution Avenue, NW., Washington, 

DC 20551. 

All public comments are available from 

the Board’s web site at 

www.federalreserve.gov/generalinfo/ 

foia/ProposedRegs.cfm as submitted, 

except as necessary for technical 

reasons. Accordingly, your comments 

will not be edited to remove any 

identifying or contact information. 

Public comments may also be viewed 

electronically or in paper in Room MP– 

500 of the Board’s Martin Building (20th 

and C Streets, NW.) between 9 a.m. and 

5 p.m. on weekdays. 

FOR FURTHER INFORMATION CONTACT: 

Alicia S. Foster, Senior Counsel (202– 

452–5289), Legal Division, Board of 

Governors of the Federal Reserve 

System, 20th Street and Constitution 

Avenue N.W., Washington, D.C., 20551. 

For users of Telecommunications 

Device for the Deaf (‘‘TDD’’) only, 

contact 202/263–4869. 

SUPPLEMENTARY INFORMATION: 

The Board proposes to amend 

§ 268.205 of its Rules Regarding Equal 

Opportunity (12 CFR 268.205), 

governing the employment of persons 

who are not United States citizens in 

accordance with the Board’s security 

requirements. The amendments are 

effective immediately, subject to 

revision based on public comment. 

Currently, § 268.205 permits the 

employment of non-citizens in positions 

that do not require access to sensitive 

information, subject to a preference for 

citizens over equally qualified noncitizens. Positions that require access to 

sensitive information currently are 

reserved for United States citizens or 

‘‘intending citizens’’ (that is, noncitizens seeking U.S. citizenship). Under 

the existing § 268.205, ‘‘sensitive 

information’’ is defined to mean—(1) 

Information of the Federal Open Market 

Committee (FOMC); (2) national 

security classified information; and (3) 

confidential supervisory information of 

the Board. 

The framers of the Federal Reserve 

Act made special provision for the 

Board to be free to hire staff 

independent of other provisions of law 

governing the federal government 

service in order to ensure that the Board 

is able to hire the highest possible 

quality of staff to obtain the ‘‘special 

talent’’ it needs to carry out its 

important responsibilities. See, 

comments of Senators Owen and Reed, 

51 Cong. Rec. 1138, 1141 (1913). In 

recent years, the Board, like employers 

throughout the United States, has been 

having greater difficulty identifying 

qualified United States citizens, 

nationals, or ‘‘intending citizens’’ as 

candidates for positions in a number of 

important job families. In particular, the 

percentage of Ph.D economists 

graduating from U.S. universities who 

are citizens or permanent residents has 

declined steadily from 73 percent in 

1980, to 54 percent in 1990, to 43 

percent in 2001. In order to perform its 

statutory duties to implement monetary 

policy and serve as the lender of last 

resort (as well as its other statutory 

responsibilities), the Board must hire a 

significant number of Ph.D economists. 

The shrinking pool of graduates with 

Ph.D.’s in economics and other needed 

skills who are U.S. citizens, nationals, 

or ‘‘intending citizens’’ has prompted 

the Board to reconsider its hiring 

policies. 

To address the diminishing number of 

available graduates with Ph.Ds in 

economics and other needed skills who 

are U.S. citizens, the Board proposes to 

revise its policy regarding hiring for 

positions that require access to sensitive 

information. This will allow the Board 

to hire qualified non-citizens in certain 

positions of importance to the Board’s 

duties and for which a growing 

proportion of qualified candidates in the 

applicant pool are non-citizens. 

Currently, the Board does not hire 

individuals who are non-citizens into 

positions that require access to certain 

types of sensitive information unless the 

non-citizen intends to obtain and does, 

in fact, seek U.S. citizenship. The Board 

proposes to amend its rule to allow it to 

hire non-citizens without intention of 

becoming U.S. citizens into positions 

that require access to sensitive FOMC 

information in certain circumstances. 

The Board does not propose to change 

its policy governing access to national 

security information or confidential 

supervisory information. Moreover, 

while the Board’s rule governs hiring, 

67642 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Rules and Regulations 

1An intending citizen is an individual who is a 

lawfully admitted permanent resident alien, 

refugee, or asylum grantee and who has evidenced 

an intention to become a U.S. citizen. 

2The appropriations ban that contains the 

Country List is codified at 5 U.S.C. 3101 note. 

Which countries are considered to be ‘‘allied with 

the U.S. in a current defense effort,’’ is a decision 

made by the Department of State, Office of the 

Assistant Legal Adviser for Treaty Affairs. 

3FOMC information is classified as Class III, II, 

and I information, in increasing order of sensitivity. 

access to FOMC information is 

ultimately limited by the rules of the 

FOMC. 

The interim rule would retain the 

Board’s preference for U.S. citizens and 

U.S. nationals over equally qualified 

non-citizens. Under both the current 

and interim rule, U.S. citizens, U.S. 

nationals, and intending citizens 1 (all of 

whom are now referred to as ‘‘Protected 

Individuals’’) may be hired into a 

position requiring access to sensitive 

information. The interim rule focuses 

only on non-citizens who do not intend 

to obtain U.S. citizenship and, in 

particular, on the hiring of these noncitizens into positions requiring access 

to FOMC information. 

For purposes of hiring individuals 

into positions that require access to 

FOMC information, the interim rule 

would distinguish between non-citizens 

from a country on the Country List 

contained in the annual federal 

appropriations laws specifying 

countries, including a general category 

of ‘‘countries allied with the United 

States in a current defense effort,’’

whose citizens are eligible to be hired as 

federal employees using appropriated 

funds and non-citizens from a country 

that is not on the Country List.2 Because 

the Board’s funds are not appropriated, 

the Board is not subject to this 

limitation on hiring. However, Congress 

periodically affirms that other 

government agencies may use 

appropriated funds to hire non-citizens 

from countries on the Country List. The 

rule uses the term ‘‘Country List’’ as a 

common point of reference. 

Under the interim rule, the Board may 

hire into a position that requires access 

to Class III or Class II FOMC information 

a non-citizen who does not intend to 

obtain U.S. citizenship and who is from 

a country that is on the Country List.3

In addition, if he or she meets three 

conditions set forth in the rule, that 

person may be granted access to Class 

I FOMC information. Those conditions 

are: (1) The employee’s Division 

Director recommends the employee be 

given access to Class I FOMC 

information; (2) the employee has 

resided in the United States for at least 

six years and has been employed for at 

least two years with the Board and/or 

with one or more of the Reserve Banks; 

and (3) the employee has passed a 

background investigation acceptable to 

the Board. If the Country List changes so 

that the employee’s country is no longer 

on the Country List, the employee’s 

access to Class II FOMC information 

would not be affected by the change in 

the Country List. Similarly, the 

employee would continue to be eligible 

for access to Class I information and 

may be granted such access if he or she 

meets the remaining conditions outlined 

above for employees from a country on 

the Country List. 

Under the interim rule, the Board may 

hire into a position that requires access 

to Class III FOMC information a person 

who is a non-citizen without intention 

of becoming a U.S. citizen and who is 

from a country that is not on the 

Country List. Upon meeting the three 

conditions discussed above, a noncitizen from such a country may also be 

granted access to Class II information. 

However, the Board would not provide 

access to Class I information to a noncitizen from a country that is not on the 

Country List. 

The interim rule does not change 

access by a non-citizen to confidential 

supervisory information or classified 

information. As result, the existing 

limitations on who may have access to 

this information would be continued. 

Beyond the changes discussed above, 

the interim rule includes a more 

comprehensive definition of ‘‘FOMC 

information’’ that contains a description 

of the three internal security 

designations that apply to this 

information. The interim rule also 

replaces the citation to Executive Order 

11356 with the citation to Executive 

Order 12958 entitled, ‘‘Classified 

National Security Information,’’ as this 

executive order, and its amendments, 

control what information is considered 

classified. The definition of 

‘‘confidential supervisory information’’

remains unchanged. 

The interim rule also separately 

addresses what access is applicable to 

each of the three types of sensitive 

information, i.e., FOMC information, 

classified information, and confidential 

supervisory information. For example, 

as discussed above, the interim rule 

provides new parameters for access that 

are applicable only to FOMC 

information. The rule would also 

change the present language on access 

to classified information to provide that 

access is determined by the applicable 

executive orders and amendments. This 

more general reference incorporates the 

current rule’s exception for hiring a 

non-citizen for a position requiring 

access to classified information if he or 

she is able to obtain a security 

clearance. Further, with respect to 

confidential supervisory information, 

the interim rule would specify that 

access to this information is limited to 

Protected Individuals (formerly citizens, 

nationals and intending citizens) with a 

need to know employed by the Board or 

by a Federal Reserve Bank. 

The interim rule would also update 

some of the terminology used in the 

current rule. In this respect, the interim 

rule would substitute the term 

‘‘Protected Individual’’ for ‘‘U.S. 

citizens and intending citizens.’’ The 

term ‘‘Protected Individual’’ covers U.S. 

citizens, U.S. nationals, and aliens 

meeting the requirements of 8 U.S.C. 

1324(a)(3)(B) who have filed a 

declaration of intention to become a 

citizen of the United States. This more 

inclusive term is consistent with 

existing immigration law, which no 

longer uses the term ‘‘intending citizen’’

but uses instead the term ‘‘Protected 

Individual.’’

Further, where the current rule refers 

only to ‘‘U.S. citizens,’’ the interim rule 

would add the term ‘‘national’’ to make 

clear that both U.S. citizens and U.S. 

nationals are, in fact, similarly treated. 

The term ‘‘national’’ refers to certain 

individuals who are not citizens of the 

U.S. and typically are born in or are 

descendants of individuals in the 

outlying possessions of the U.S. Thus, 

the interim rule provides that the hiring 

preference is a preference for U.S. 

citizens and U.S. nationals over equally 

qualified non-citizens. 

The Board also proposes to add a 

definition of ‘‘employee’’ to clarify the 

coverage of the rule and a definition of 

‘‘national.’’ The interim rule includes a 

revised definition of ‘‘non-citizen’’ that 

more accurately reflects its meaning. 

This rule relates solely to matters of 

agency management or personnel, and, 

therefore, is not subject to the public 

notice and comment provisions of the 

Administrative Procedures Act, 5 U.S.C. 

553(a)(2). However, the Board has in the 

past found public comment on this 

matter to be helpful and invites 

comment on this rule. While allowing 

comment, the Board has determined 

that it is unnecessary, and would be 

impracticable, to defer the effective date 

of this action until after notice and after 

public comments have been received 

and considered (5 U.S.C. 553(d)(3)). 

Issuance of this rule as an interim rule 

is appropriate, in any event, because the 

rule concerns only the internal 

management and personnel of the Board 

and is not subject to statutory delay. In 

addition, the Board is facing immediate 

hiring decisions that would be subject to 

this rule. The Board believes that 

Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Rules and Regulations 67643 

issuance of the regulation as an interim 

rule is necessary for the Board to 

conduct its internal management in an 

expeditious and efficient manner. The 

Board will consider all public 

comments received and make changes 

in its procedures based on those 

comments where appropriate. On these 

bases, the Board has determined that 

good cause exists to make this action 

effective immediately. As this rule 

concerns only agency management or 

personnel, it is not a rule subject to the 

Congressional Review Act (CRA), 5 

U.S.C. 804(3)(B), and therefore an 

analysis under the CRA is not required. 

Regulatory Flexibility Act Analysis 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (Pub. L. 96–

354, 5 U.S.C. 601 et seq.), the Board 

believes that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule governs the Board’s dealings 

with its employees and applicants for 

employment, and would not affect small 

entities as defined for purposes of the 

Regulatory Flexibility Act. Accordingly, 

a regulatory flexibility analysis is not 

required. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. ch. 

3506; 5 CFR 1320 Appendix A.1), the 

Board reviewed the proposal under the 

authority delegated to the Board by the 

Office of Management and Budget. No 

collections of information pursuant to 

the Paperwork Reduction Act are 

contained in this proposal. 

Plain Language 

Section 722 of the Gramm-LeachBliley Act requires each federal banking 

agency to use plain language in all rules 

published after January 1, 2000. In light 

of this requirement, the Board has 

sought to present the interim rule in a 

simple and straightforward manner. The 

Board invites comment on whether the 

Board could take additional steps to 

make the rule easier to understand. 

List of Subjects in 12 CFR Part 268 

Administrative practice and 

procedure, Aged, Civil rights, Equal 

employment opportunity, Federal 

buildings and facilities, Federal Reserve 

System, Government employees, 

Individuals with disabilities, Religious 

discrimination, Sex discrimination, 

Wages. 

Authority and Issuance 

■ For the reasons set out in the 

preamble, the Board amends 12 CFR 

part 268 as follows: 

PART 268—RULES REGARDING 

EQUAL OPPORTUNITY 

■ 1. The authority citation for part 268 

continues to read as follows: 

Authority: 12 U.S.C. 244 and 248 (i), (k), 

and (l). 

■ 2. Revise 268.205 to read as follows 

§ 268.205 Employment of aliens; Access to 

sensitive information 

(a) Definitions. The definitions 

contained in this paragraph (a) apply 

only to this section: 

(1) Classified Information means 

information that is classified for 

national security purposes under 

Executive Order No. 12958, entitled 

‘‘Classified National Security 

Information,’’ including any 

amendments or superseding orders that 

the President of the United States may 

issue from time to time. 

(2) Confidential Supervisory 

Information means confidential 

supervisory information of the Board, as 

defined in 12 CFR 261.2(c). 

(3) Country List refers to the list 

contained in the annual federal 

appropriations laws of specific 

countries, including a general category 

of ‘‘countries allied with the United 

States in a current defense effort,’’ and 

the particular Non-Citizens from those 

countries who are eligible to be hired as 

Federal employees in the excepted 

service or in the senior executive service 

and be paid by appropriated funds. The 

appropriation ban is codified at 5 U.S.C. 

3101 note. The list of eligible countries 

and Non-Citizens is subject to legislative 

and other change. 

(4) Employee means an individual 

who works full-time or part-time and is 

appointed into Board service for a 

period of more than 90 days. The term 

‘‘employee’’ does not include members 

of the Board. 

(5) FOMC Information means 

confidential information of the Federal 

Open Market Committee (FOMC) 

regardless of the form or format in 

which it is created, conveyed, or 

maintained. FOMC information 

includes information derived from 

confidential FOMC materials. Three 

internal security designations, which 

are subject to change by the FOMC, 

apply to FOMC Information as follows: 

(i) Class I FOMC generally applies to 

materials containing policymaker input, 

such as that related to monetary policy 

decisions at meetings, views expressed 

by policy makers on future policy, and 

identification of meeting participants 

who express particular views. Examples 

of Class I FOMC Information include, 

but are not limited to, the ‘‘Bluebook,’’

drafts of meeting minutes, unreleased 

meeting transcripts, documents 

reflecting the preparation of semiannual forecasts and related testimony, 

and certain sensitive internal 

memorandums and reports. 

(ii) Class II FOMC covers information 

that is less sensitive than Class I FOMC. 

This designation generally applies to 

staff forecasts prepared for the FOMC 

and to information about open market 

operations. Examples of Class II FOMC 

Information include, but are not limited 

to, Part I of the ‘‘Greenbook,’’ reports of 

the Manager on domestic and foreign 

open market operations, and other 

materials on economic and financial 

developments. 

(iii) Class III FOMC covers 

information that is less sensitive than 

either Class II or Class I. This 

designation generally applies to 

background information supporting 

policy discussions and includes, but is 

not limited to, Part II of the Greenbook. 

(6) National refers to any individual 

who meets the requirements described 

in 8 U.S.C. 1408. 

(7) Non-Citizen refers to any 

individual who is not a citizen (by birth 

or naturalization) of the United States. 

(8) Protected Individual means—

(i) A citizen or National of the United 

States, or 

(ii) An alien who: 

(A) Meets the conditions set forth in 

8 U.S.C. 1324b(a)(3)(B), as amended, 

and 

(B) Has filed with the Board or the 

appropriate Federal Reserve Bank a 

declaration of intention to become a 

citizen of the United States. 

(9) Sensitive Information means 

FOMC Information; Classified 

Information; and Confidential 

Supervisory Information. 

(b) Hiring. 

(1) Prohibition against hiring 

unauthorized aliens. An individual is 

eligible for employment with the Board 

only if he or she satisfies the 

requirements of Section 101 of the 

Immigration Reform and Control Act of 

1986, 8 U.S.C. 1324a. 

(2) Preference. Consistent with 

applicable law, where two applicants 

for employment at the Board are equally 

qualified for a position, the Board shall 

prefer the citizen or National of the 

United States over the equally qualified 

Non-Citizen. 

(3) Protected Individuals access to 

Sensitive Information. The Board may 

hire a person to a position that requires 

access to Sensitive Information if the 

person is a Protected Individual. 

(4) Non-Citizens access to Sensitive 

Information. The Board shall not hire a 

Non-Citizen, other than a Protected 

67644 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Rules and Regulations 

Individual, into a position that requires 

access to Sensitive Information except 

in accordance with paragraph (c) below. 

(c) Access to Sensitive Information. 

(1) Generally. The Board will grant 

access to Sensitive Information only in 

accordance with the Board’s rules and 

policies regarding access to Sensitive 

Information and, if applicable, the rules 

and policies of the FOMC. 

(2) FOMC Information. 

(i) Access by a Non-Citizen from a 

country on the Country List. An 

Employee, other than a Protected 

Individual, who is a Non-Citizen from a 

country that is on the Country List on 

the date the Employee begins 

employment with the Federal Reserve 

System shall be granted access to Class 

I FOMC Information only upon the 

recommendation of the Employee’s 

Division Director after six years of 

residence in the United States, at least 

two of which include satisfactory 

employment by the Board and/or one or 

more of the Federal Reserve Banks, and 

a background investigation acceptable to 

the Board. If the Employee’s country is 

deleted from the Country List after the 

date the Employee begins employment 

with the Federal Reserve System, the 

Employee’s access to Class II FOMC 

information will not be affected by the 

change in the Country List. Similarly, 

the Employee would continue to be 

eligible for access to Class I information 

and may be granted such access if he or 

she meets the remaining conditions 

outlined above for employees from a 

country on the Country List. 

(ii) Access by a Non-Citizen from a 

country not on the Country List. An 

Employee, other than a Protected 

Individual, who, on the date the 

Employee begins employment with the 

Federal Reserve System, is a NonCitizen from a country that is not on the 

Country List: (A) Shall not be granted 

access to Class I FOMC Information, and 

(B) shall be granted access to Class II 

FOMC Information only upon the 

recommendation of the Employee’s 

Division Director after six years of 

residence in the United States, at least 

two of which include satisfactory 

employment by the Board and/or one or 

more of the Federal Reserve Banks, and 

a background investigation acceptable to 

the Board. 

(3) Classified Information. Access to 

Classified Information is limited to 

those persons who are permitted access 

to Classified Information pursuant to the 

applicable executive orders and any 

subsequent amendments or superseding 

orders that the President of the United 

States may issue from time to time. 

(4) Confidential Supervisory 

Information. Access to Confidential 

Supervisory Information is limited to 

Protected Individuals with a need to 

know employed by the Board or by a 

Federal Reserve Bank. 

By order of the Board of Governors of the 

Federal Reserve System. 

Dated: November 2, 2005. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 05–22223 Filed 11–7–05; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21975; Directorate 

Identifier 2005–NM–122–AD; Amendment 

39–14365; AD 2005–23–07] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Boeing Model 727 airplanes. This AD 

requires revising the Limitations section 

of the airplane flight manual to prohibit 

resetting a tripped circuit breaker for a 

fuel pump. This AD results from fuel 

system reviews conducted by the 

manufacturer. We are issuing this AD to 

prohibit the resetting of a tripped circuit 

breaker for a fuel pump, which could 

allow an electrical fault to override the 

protective features of the circuit breaker, 

and could result in sparks inside the 

fuel tank, ignition of fuel vapors, and 

consequent fire or explosion. 

DATES: This AD becomes effective 

December 13, 2005. 

ADDRESSES: You may examine the 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., Nassif Building, room PL–401, 

Washington, DC. 

Contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207, for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

Sulmo Mariano, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6501; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Examining the Docket 

You may examine the airworthiness 

directive (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 street address stated in the 

ADDRESSES section. 

Discussion 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to all Boeing Model 727 airplanes. 

That NPRM was published in the 

Federal Register on July 29, 2005 (70 FR 

43802). That NPRM proposed to require 

revising the Limitations section of the 

airplane flight manual to prohibit 

resetting a tripped circuit breaker for a 

fuel pump. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the one comment received. 

The commenter supports the NPRM. 

Clarification of Alternative Method of 

Compliance (AMOC) Paragraph 

We have revised this action to clarify 

the appropriate procedure for notifying 

the principal inspector before using any 

approved AMOC on any airplane to 

which the AMOC applies. 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

received, and determined that air safety 

and the public interest require adopting 

the AD with the change described 

previously. We have determined that 

this change will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

There are about 600 airplanes of the 

affected design in the worldwide fleet. 

This AD affects about 300 airplanes of 

U.S. registry. The action in this AD 

takes about 1 work hour per airplane, at 

an average labor rate of $65 per work 

hour. Based on these figures, the 

estimated cost of the AD for U.S. 

operators is $19,500, or $65 per 

airplane. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue