Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations 65629

regulation to allow FCUs greater

flexibility to accommodate the needs of

officials whose duties include businessrelated travel. Under the current

regulation, FCUs may not pay or

reimburse the cost of travel for an

official’s grandson to accompany her to

an FCU-sponsored program, or for an

official whose mobility is impaired to be

accompanied by an aide, even if the

FCU thought it necessary or appropriate.

With this amendment, the FCU will

have the discretion to adopt policies

that provide for the reimbursement or

payment of such travel costs. Again, the

amendment does not require FCUs to do

so.

Five commenters, while generally

supportive, suggested that the proposal

did not go far enough in expanding

credit union authority. These

commenters believe that it is

unnecessary for NCUA to have a

regulation concerning such

reimbursements or payments. They

suggest that NCUA rescind the

regulation so that FCUs can establish

reimbursement policies that fit their

individual needs. They argue that such

policies would be subject to scrutiny in

the examination process and would

therefore pose no risk to safety and

soundness. Two commenters also stated

that NCUA should not have a regulation

on travel reimbursement, but should

rely on the examination process to

ensure that FCUs have reasonable and

appropriate policies. The NCUA Board

believes that it is appropriate for the

agency to maintain a regulation in this

area. There is a tension between the

need of FCUs to attract competent and

dedicated officials and the prohibition

in the FCU Act against compensating all

but one of them. FCUs regularly

question NCUA about the permissibility

of new types of reimbursements. These

new ideas for reimbursements to

officials frequently fall beyond the

limits of the FCU Act. This regulation

provides FCUs with NCUA’s

interpretation of the FCU Act by clearly

stating what types of travel

reimbursements NCUA has found to be

consistent with the law.

Regulatory Procedures

Regulatory Flexibility Act

The Regulatory Flexibility Act

requires NCUA to prepare an analysis to

describe any significant economic

impact a proposed rule may have on a

substantial number of small entities

(primarily those under one million

dollars in assets). This rule will not

have a significant economic impact on

a substantial number of small credit

unions, and therefore, a regulatory

flexibility analysis is not required.

Paperwork Reduction Act

NCUA has determined that this

regulation does not increase paperwork

requirements under the Paperwork

Reduction Act of 1995 and regulations

of the Office of Management and

Budget.

Executive Order 13132

Executive Order 13132 encourages

independent regulatory agencies to

consider the impact of their regulatory

actions on state and local interests. In

adherence to fundamental federalism

principles, NCUA, an independent

regulatory agency as defined in 44

U.S.C. 3502(5), voluntarily complies

with the executive order. This rule will

apply only to all federal credit unions.

It will not have substantial direct effects

on the states, on the relationship

between the national government and

the states, or on the distribution of

power and responsibilities among the

various levels of government. NCUA has

determined that the rule does not

constitute a policy that has federalism

implications for purposes of the

executive order.

Small Business Regulatory Enforcement

Fairness Act

The Office of Management and Budget

(OMB) has determined that this is not a

major rule for purposes of the Small

Business Regulatory Enforcement

Fairness Act of 1996.

List of Subjects in 12 CFR Part 701

Credit unions, Reporting and

recordkeeping requirements, Travel and

transportation expenses, Travel

restrictions.

By the National Credit Union

Administration Board on December 13, 2001.

Becky Baker,

Secretary of the Board.

For the reasons set forth in the

preamble, the National Credit Union

Administration amends 12 CFR part 701

as follows:

PART 701—ORGANIZATION AND

OPERATION OF FEDERAL CREDIT

UNIONS

1. The authority citation for part 701

continues to read as follows:

Authority: 12 U.S.C. 1752(5), 1755, 1756,

1757, 1759, 1761a, 1761b, 1766, 1767, 1782,

1784, 1787, and 1789.

Section 701.6 is also authorized by 31

U.S.C. 3717.

Section 701.31 is also authorized by 15

U.S.C. 1601 et seq., 42 U.S.C. 1861 and 42

U.S.C. 3601–3610.

Section 701.35 is also authorized by 42

U.S.C. 4311–4312.

2. Revise the last sentence of

paragraph (b)(2)(i) of § 701.33 to read as

follows:

§ 701.33 Reimbursement, insurance, and

indemnification of officials and employees.

* * * * *

(b) * * *

(2) * * *

(i) * * * Such payments may include

the payment of travel costs for officials

and one guest per official;

* * * * *

[FR Doc. 01–31288 Filed 12–19–01; 8:45 am]

BILLING CODE 7535–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–SW–51–AD; Amendment

39–12559; AD 2001–25–06]

RIN 2120–AA64

Airworthiness Directives; Sikorsky

Aircraft Corporation Model S–76B and

S–76C Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) for

Sikorsky Aircraft Corporation (Sikorsky)

Model S–76B and S–76C helicopters.

This action requires modifying the

electrical power distribution system to

change the source of the 28 volts

supplied to Nos. 1 and 2 attitude and

heading reference (AHRS) WARN

circuits. This amendment is prompted

by a ground test simulating loss of the

essential bus by pulling both bus tie

circuit breakers and switching off both

batteries. As a result of this action, both

autopilots went off-line. The actions

specified in this AD are intended to

prevent an AHRS fail signal to both

autopilots due to a failure of the

essential bus, loss of autopilot

functions, and subsequent loss of

control of the helicopter.

DATES: Effective January 4, 2002.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 4,

2002.

Comments for inclusion in the Rules

Docket must be received on or before

February 19, 2002.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

65630 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations

Administration (FAA), Office of the

Regional Counsel, Southwest Region,

Attention: Rules Docket No. 2001–SW–

51–AD, 2601 Meacham Blvd., Room

663, Fort Worth, Texas 76137. You may

also send comments electronically to

the Rules Docket at the following

address: 9-asw-adcomments@faa.gov.

The service information referenced in

this AD may be obtained from Sikorsky

Aircraft Corporation, Attn: Manager,

Commercial Tech Support, 6900 Main

Street, Stratford, Connecticut 06614,

phone (203) 386–3001, fax (203) 386–

5983. This information may be

examined at the FAA, Office of the

Regional Counsel, Southwest Region,

2601 Meacham Blvd., Room 663, Fort

Worth, Texas; or at the Office of the

Federal Register, 800 North Capitol

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

FOR FURTHER INFORMATION CONTACT:

Solomon Hecht, Aviation Safety

Engineer, Boston Aircraft Certification

Office, 12 New England Executive Park,

Burlington, MA 01803, telephone (781)

238–7159, fax (781) 238–7199.

SUPPLEMENTARY INFORMATION: This

amendment adopts a new AD for

Sikorsky Model S–76B and S–76C

helicopters. This action requires

modifying the electrical power

distribution system by changing the

source of the 28 volts electrical power

supplied to Nos. 1 and 2 AHRS WARN

circuits. This amendment is prompted

by ground testing of a Sikorsky Model

S–76B helicopter which simulated loss

of the essential bus by pulling both bus

tie circuit breakers and switching off

both batteries. As a result of this action,

both autopilots went off-line. This

condition, if not corrected, could result

in an unintended AHRS fail signal to

both autopilots due to failure of the

essential bus, loss of autopilot

functions, and subsequent loss of

control of the helicopter.

The FAA has reviewed Sikorsky Alert

Service Bulletin No. 76–34–7A (320A),

Revision A, dated September 17, 2001

(ASB). The ASB describes procedures

for modifying the electrical power

distribution system to prevent an AHRS

fail signal to the autopilots by changing

the source of the 28 volts supplied to

Nos. 1 and 2 AHRS WARN circuits. The

essential bus currently supplies both

Nos. 1 and 2 AHRS WARN circuits. If

this essential bus failed, the AHRS

WARN circuits would generate an

AHRS fail signal which would cause

both autopilots to go off-line. The

modification specified in the ASB

changes the 28 volt electrical power

source to the AHRS WARN circuits so

that one of the two autopilots will

remain on-line after an essential bus

failure.

We have identified an unsafe

condition that is likely to exist or

develop on other Sikorsky Model S76–

B and S–76C helicopters of this same

type design. Therefore, this AD is being

issued to prevent an AHRS fail signal to

both autopilots, loss of autopilot

functions, and subsequent loss of

control of the helicopter. This AD

requires modifying the AHRS WARN

circuits so that one of the two autopilots

will remain on-line should the essential

bus fail. The actions must be

accomplished in accordance with the

ASB described previously. The short

compliance time involved is required

because the previously described

critical unsafe condition can adversely

affect the controllability of the

helicopter. Therefore, modifying the

AHRS is required within 30 days and

this AD must be issued immediately.

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

The FAA estimates that 20 of the

helicopters affected by this AD are on

the U.S. register, that it will take

approximately 5 work hours to install

the modification kit, and that the

average labor rate is $60 per work hour.

The manufacturer states in the ASB that

the required modification kit will be

provided at no cost. Based on these

figures, the total cost impact of the AD

on U.S. operators is estimated to be

$6000.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available in the Rules

Docket for examination by interested

persons. A report that summarizes each

FAA-public contact concerned with the

substance of this AD will be filed in the

Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 2001–SW–51–AD.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein 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. Therefore, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration 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:

Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations 65631

1The Department intends to comprehensively

update its Privacy Act systems of records, and

related provisions in its PA regulations, in a future

Notice of Proposed Rulemaking.

2Section 4.2(b) in the proposed rule is § 4.2(c) in

the final rule set forth below.

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

2001–25–06 Sikorsky Aircraft Corporation:

Amendment 39–12559. Docket No.

2001–SW–51–AD.

Applicability: Model S–76B helicopters,

serial numbers (S/N) 760430, 760441 through

760445, 760448 through 760452, 760454,

760455, 760458, 760462, and 760465, and

Model S–76C helicopters, S/N 760420,

760436, 760438, 760440, 760453, 760456,

760457, 760459, 760460, 760461 760463,

760464, 760466 through 760487, certificated

in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For helicopters that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required within 30 days after

the effective date of this AD, unless

accomplished previously.

To prevent an attitude and heading

reference (AHRS) fail signal to both

autopilots due to a failure of the essential

bus, loss of both autopilot functions, and

subsequent loss of control of the helicopter,

accomplish the following:

(a) Modify Nos. 1 and 2 AHRS WARN

circuits in accordance with the

Accomplishment Instructions, paragraphs

3.A. through 3.D, of Sikorsky Aircraft

Corporation Alert Service Bulletin No. 76–

34–7A (320A), Revision A, dated September

17, 2001.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Boston

Aircraft Certification Office, FAA. Operators

shall submit their requests through an FAA

Principal Maintenance Inspector, who may

concur or comment and then send it to the

Manager, Boston Aircraft Certification Office.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Boston Aircraft

Certification Office.

(c) Special flight permits may be issued in

accordance with 14 CFR 21.197 and 21.199

to operate the helicopter to a location where

the requirements of this AD can be

accomplished.

(d) The modification shall be done in

accordance with the Accomplishment

Instructions, paragraphs 3.A. through 3.D., of

Sikorsky Aircraft Corporation Alert Service

Bulletin No. 76–34–7A (320A), Revision A,

dated September 17, 2001. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Sikorsky Aircraft Corporation, Attn: Manager,

Commercial Tech Support, 6900 Main Street,

Stratford, Connecticut 06614, phone (203)

386–3001, fax (203) 386–5983. Copies may be

inspected at the FAA, Office of the Regional

Counsel, Southwest Region, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(e) This amendment becomes effective on

January 4, 2002.

Issued in Fort Worth, Texas, on November

29, 2001.

David A. Downey,

Manager, Rotorcraft Directorate, Aircraft

Certification Service.

[FR Doc. 01–31039 Filed 12–19–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Parts 4, 4a and 4b

[Docket No. 990723201–1208–02]

RIN: 0605–AA14

Public Information, Freedom of

Information and Privacy

AGENCY: Department of Commerce.

ACTION: Final rule.

SUMMARY: This document sets forth

revisions of Department of Commerce

(Department) regulations regarding the

Freedom of Information Act (FOIA),

Privacy Act (PA),1 and declassification

and public availability of national

security information. The revisions

implement the Electronic Freedom of

Information Act (EFOIA) Amendments

of 1996 and Executive Order 12958,

include an updated duplication fee, and

streamline, clarify, and update the

regulations.

DATES: Effective December 20, 2001.

FOR FURTHER INFORMATION CONTACT:

Andrew W. McCready, 202–482–8044.

SUPPLEMENTARY INFORMATION: On May

31, 2000, the Department published a

proposed rule (65 FR 34606) to revise its

existing FOIA and PA regulations, and

to add new provisions to implement the

Electronic Freedom of Information Act

(EFOIA) Amendments of 1996 (Pub. L.

104–231). Interested persons were

invited to submit written comments on

the proposed rule. The Department

received one set of comments. After due

consideration of the comments, the

Department has adopted several of the

modifications the commenter

recommended, and has made numerous

other minor revisions to its proposed

rule for clarity. The Department is also

increasing the duplication charge from

the $.15 announced in the proposed rule

(the current charge is $.07) to $.16 per

page, to reflect an increase in copying

costs since the issuance of the proposed

rule.

Discussion of Comments

The comments received were

submitted by Public Citizen and the

Freedom of Information Clearinghouse,

and are addressed below.

(1) The commenter recommended

deleting from § 4.2(b) 2 the highlighted

phrase in the statement: ‘‘Components

shall also make public inspection

facility records created by the

Department on or after November 1,

1996 available electronically through

the Department’s ‘FOIA Home Page’ link

found at the Department’s World Wide

Web site.’’ The recommended change is

more consistent with the FOIA than is

the proposed language above, and thus

the Department has deleted the

highlighted phrase.

(2) The commenter recommended

changing the cut-off date in § 4.5(a) for

determining records responsive to a

request from the date the request is

received to the date that processing of

the request begins. Many of the requests

the Department receives require a search

to be conducted in more than one of its

components. Implementing the

commenter’s recommendation could

create confusion about such requests

involving multiple components, because

each component could begin processing

the request on a different date, and thus

have a different cut-off date. Further, the

Department’s cut-off date is consistent

with the Supreme Court’s requirement

that for records to be ‘‘agency records’’

subject to the FOIA, the agency must be

in control of them at the time the FOIA

request is made. Department of Justice

v. Tax Analysts, 492 U.S. 136, 145

(1989). Implementing the commenter’s

recommendation could also create

uncertainty with regard to determining

what records are responsive to the

request, and preventing their

inadvertent disposition between the

time the request is received and

processing begins. That is, components

could be placed in a situation in which