34276 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 adding 

the following new AD: 

Airbus: Docket No. FAA–2009–0649; 

Directorate Identifier 2008-NM–218–AD. 

Comments Due Date 

(a) We must receive comments by August 

14, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A319– 

111, –112, –113, –114, –115, –131, –132, and 

–133 airplanes; Model A320–111, –211, –212, 

–214, –231, –232, and –233 airplanes; and 

Model A321–111, –112, –131, –211, –212, 

–213, –231, and –232 airplanes; certificated 

in any category; all manufacturer serial 

numbers (MSN); equipped with Electronic 

Instrument System 1 (EIS1) standard V32 

(Display Management Computer (DMC) Part 

Number (P/N) 9615325032), EIS1 standard 

V40 (DMC P/N 9615325040), or EIS1 

standard V50 (DMC P/N 9615325050). 

Subject 

(d) Air Transport Association (ATA) of 

America Code 31: Instruments. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Two incidents [of near mid-air collision] 

have occurred on Airbus A320 Family 

aircraft during [a] Resolution Advisory [from 

the] Traffic Alert and Collision Avoidance 

System (TCAS). One of the Human-Machine 

Interface (HMI) factors was the lack of 

visibility of relevant information on the 

Primary Flight Display (PFD). 

This condition, if not corrected, could 

result in erroneous interpretation of TCAS 

Resolution Advisories, leading to an 

increased risk of mid-air collision. 

EIS1 software standard V60 introduces 

modifications to the vertical speed indication 

to further improve the legibility in the case 

of TCAS Resolution Advisory. This 

modification consists of a change in the 

needle colour and thickness and an increase 

in width of the TCAS green band. 

For the reasons described above, this AD 

requires the introduction of the new software 

standard V60 and prohibits reinstallation of 

earlier software versions V32, V40 and V50. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Within 60 months after the effective 

date of this AD, modify the airplane by 

installing EIS1 software standard V60 (DMC 

P/N 9615325060) in accordance with the 

instructions of Airbus Mandatory Service 

Bulletin A320–31–1286, dated January 22, 

2008. 

(2) After modifying an airplane as required 

by paragraph (f)(1) of this AD, no person 

shall install EIS1 software standard V32 

(DMC P/N 9615325032), EIS1 software 

standard V40 (DMC P/N 9615325040), or 

EIS1 software standard V50 (DMC P/N 

9615325050) on that airplane. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Tim Dulin, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2141; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2008– 

0198, dated November 4, 2008; and Airbus 

Mandatory Service Bulletin A320–31–1286, 

dated January 22, 2008, for related 

information. 

Issued in Renton, Washington, on July 9, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16778 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0610; Directorate 

Identifier 2009–NM–021–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

The result of re-assessment of rotor burst 

analysis has shown the possibility of loss of 

electrical power supply to the following 

aircraft systems: Air Data System (ADS), 

Ailerons, Multifunctional spoilers and 

rudder, which result in loss of the aircraft 

pitch and yaw control. 

* * * * * 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by August 14, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 34277 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; 

telephone: +55 12 3927–5852 or +55 12 

3309–0732; fax: +55 12 3927–7546; email: distrib@embraer.com.br; Internet: 

http://www.flyembraer.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221 

or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0610; Directorate Identifier 

2009–NM–021–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2008–09–01, 

dated September 30, 2008 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The result of re-assessment of rotor burst 

analysis has shown the possibility of loss of 

electrical power supply to the following 

aircraft systems: Air Data System (ADS), 

Ailerons, Multifunctional spoilers and 

rudder, which result in loss of the aircraft 

pitch and yaw control. 

* * * * * 

Required actions include modifying the 

electrical wiring in the overhead panel 

of the cockpit, modifying the air data 

smart probe 3B power supply bus, and 

modifying the Aeronautical Radio 

Incorporated (ARINC) 429 data bus, as 

applicable. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Embraer has issued the service 

bulletins listed in the ‘‘Service 

Information’’ table. 

SERVICE INFORMATION

Embraer Service Bulletin— Revision— Dated— 

170–24–0019 ..................................................................... Original ............................................................................. December 6, 2006. 

170–24–0020 ..................................................................... Original ............................................................................. November 30, 2006. 

170–31–0020 ..................................................................... 01 ...................................................................................... May 21, 2008. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 77 products of U.S. registry. 

We also estimate that it would take 

about 62 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $668 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$433,356, or $5,628 per product. 

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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
34278 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 

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 determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 this proposed 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 proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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 adding 

the following new AD: 

Empresa Brasileira De Aeronautica S.A. 

(Embraer): Docket No. FAA–2009–0610; 

Directorate Identifier 2009–NM–021–AD. 

Comments Due Date 

(a) We must receive comments by August 

14, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

ERJ 170–100 LR, –100 STD, –100 SE, –100 

SU, –200 LR, –200 STD, and –200 SU 

airplanes; certificated in any category; as 

identified in Embraer Service Bulletins 170– 

24–0019, dated December 6, 2006; 170–24– 

0020, dated November 30, 2006; and 170–31– 

0020, Revision 01, dated May 21, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Codes 24 and 31: Electrical power 

and Instruments, respectively. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The result of re-assessment of rotor burst 

analysis has shown the possibility of loss of 

electrical power supply to the following 

aircraft systems: Air Data System (ADS), 

Ailerons, Multifunctional spoilers and 

rudder, which result in loss of the aircraft 

pitch and yaw control. 

* * * * * 

Required actions include modifying the 

electrical wiring in the overhead panel of the 

cockpit, modifying the air data smart probe 

3B power supply bus, and modifying the 

Aeronautical Radio Incorporated (ARINC) 

429 data bus, as applicable. 

Actions and Compliance 

(f) Unless already done, do the following 

actions as applicable. 

(1) For airplanes identified in Embraer 

Service Bulletin 170–24–0019, dated 

December 6, 2006: Within 6,000 flight hours 

after the effective date of this AD, modify the 

electrical wiring in the overhead panel of the 

cockpit in accordance with Embraer Service 

Bulletin 170–24–0019, dated December 6, 

2006. 

(2) For airplanes identified in Embraer 

Service Bulletin 170–24–0020, dated 

November 30, 2006: Within 6,000 flight 

hours after the effective date of this AD, 

change the Air Data Smart Probe 3 channel 

B power supply bus from ESS2 to ESS3 in 

accordance with Embraer Service Bulletin 

170–24–0020, dated November 30, 2006. 

(3) For airplanes identified in Embraer 

Service Bulletin 170–31–0020, Revision 01, 

dated May 21, 2008: Within 6,000 flight 

hours after the effective date of this AD, 

duplicate the Aeronautical Radio 

Incorporated (ARINC) 429 airspeed signal for 

an extension longer than the rotor burst 

impact area; change the primary power 

source for the modular avionics unit (MAU) 

2 from DC BUS 2 to DC ESS BUS 2 to include 

an additional ground and to provide dual 

electrical power to MAU 2; and change the 

wiring of the slat/flap actuators control 

electronics (SF–ACE) 1 and 2 to primary 

actuator control electronics (P–ACE) 1, 2, and 

3; in accordance with Embraer Service 

Bulletin 170–31–0020, Revision 01, dated 

May 21, 2008. 

(4) Actions accomplished before the 

effective date of this AD according to 

Embraer Service Bulletin 170–31–0020, dated 

July 20, 2007, are considered acceptable for 

compliance with the corresponding actions 

specified in this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) Airworthiness 

Directive 2008–09–01, dated September 30, 

2008, and the service information identified 

in Table 1 of this AD, for related information. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 34279 

TABLE 1—SERVICE INFORMATION

Embraer Service Bulletin— Revision— Dated— 

170–24–0019 ..................................................................... Original ............................................................................. December 6, 2006. 

170–24–0020 ..................................................................... Original ............................................................................. November 30, 2006. 

170–31–0020 ..................................................................... 01 ...................................................................................... May 21, 2008. 

Issued in Renton, Washington, on July 8, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–16779 Filed 7–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

32 CFR Part 865 

[Docket No. USAF–2008–0002] 

RIN 0701–AA74 

Personnel Review Boards 

AGENCY: Department of the Air Force, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of the Air 

Force is proposing to amend part 865 of 

Chapter VII, Title 32, Code of Federal 

Regulations, by revising Subpart A, Air 

Force Board for Correction of Military 

Records. Subpart A establishes 

procedures for the consideration of 

applications for the correction of 

military records and provides guidance 

to applicants and others interested in 

the process. This revision incorporates 

format changes and clarifies various 

minor provisions of the subpart. The 

public is invited to participate in this 

rulemaking by submitting comments to 

the point of contact listed below. 

DATES: Interested parties should submit 

written comments on or before 

September 14, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

OSD Mailroom 3C843, Washington, DC 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr 

Algie Walker Jr. at (240) 857–5380, 

al.walker@afncr.af.mil 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been determined that 32 CFR 

part 865 is not a significant regulatory 

action. This rule does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of the recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

It has been certified that 32 CFR Part 

865 does not contain a Federal Mandate 

that may result in the expenditure by 

State, local and Tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been determined that this rule 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 95–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

865 does not impose any additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35). Existing 

reporting and recordkeeping 

requirements approved under OMB 

Control Number 0704–0003, 

Application for Correction of Military 

Record Under the Provisions of Title 10, 

U.S. Code, Section 1552, will be used. 

Federalism (Executive Order 13132) 

It has been certified that 32 CFR Part 

865 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 865 

Administrative practices and 

procedures, Military personnel, 

Records. 

Accordingly, 32 CFR Part 865, 

Subpart A, is proposed to be revised to 

read as follows: 

PART 865—PERSONNEL REVIEW 

BOARDS 

1. The authority citation for 32 CFR 

part 865 continues to read as follows: 

Authority: 10 U.S.C. 1034, 1552.2. 

2. Revise Subpart A to read as follows: 

Subpart A—Air Force Board for Correction 

of Military Records 

Sec. 

865.0 Purpose. 

865.1 Setup of the Board. 

865.2 Board responsibilities. 

865.3 Application procedures. 

865.4 Board actions. 

865.5 Decision of the Secretary of the Air 

Force. 

865.6 Reconsideration of applications. 

865.7 Action after final decision. 

865.8 Miscellaneous provisions. 

Subpart A—Air Force Board for 

Correction of Military Records 

§ 865.0 Purpose. 

This subpart sets up procedures for 

correction of military records to remedy 

error or injustice. It tells how to apply 

for correction of military records and 

how the Air Force Board for Correction 


srobinson on DSKHWCL6B1PROD with PROPOSALS