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30094 Federal Register / Vol. 71, No.

101 / Thursday, May 25, 2006 / Proposed Rules

this AD, before further flight: Repair in specified compliance time after November (4) If corrosion is found during any
accordance with the Accomplishment 27, 1996, the effective date of AD 96–23–02. inspection required by this AD, before further
Instructions of the service bulletin. (2) For the actions in paragraphs (g)(1) and flight: Repair in accordance with an FAA-
(h)(1) of this AD: Where Boeing Alert Service approved method.
Exceptions Bulletin 747–53A2409, Revision 5, dated (5) Where Boeing Alert Service Bulletin
(i) Do all actions in accordance with the August 18, 2005, specifies a compliance time 747–53A2409, Revision 5, dated August 18,
applicable service bulletin except as after the issuance or receipt of any revision 2005, specifies that it is not necessary to
provided by paragraphs (i)(1), (i)(2), (i)(3), of the service bulletin, this paragraph count flight cycles at 2.0 psi or less cabin
(i)(4), and (i)(5) of this AD. requires a compliance time after the effective differential pressure, this AD does not allow
date of this AD. for that adjustment factor.
(1) For the action in paragraph (f)(1) of this
(3) For any repair or any inspection where
AD: Where Boeing Alert Service Bulletin Boeing Alert Service Bulletin 747–53A2409, Credit for Actions Accomplished Previously
747–53A2409, dated September 26, 1996; Revision 5, dated August 18, 2005, specifies (j) Actions done before the effective date of
and Boeing Alert Service Bulletin 747– to contact the manufacturer for further this AD in accordance with the service
53A2409, Revision 5, dated August 18, 2005; instructions: Before further flight, repair or bulletins specified in Table 1 of this AD are
specify a compliance time after the issuance inspect using a method approved in acceptable for compliance with the
of any revision of the service bulletin, this accordance with the procedures specified in corresponding requirements of paragraphs (f)
paragraph requires compliance before the paragraph (k) of this AD. and (g) of this AD.

TABLE 1.—CREDIT SERVICE BULLETINS


Service bulletin Revision level Date

Boeing Alert Service Bulletin 747–53A2409 ............................................................................................... 1 May 29, 1997.


Boeing Alert Service Bulletin 747–53A2409 ............................................................................................... 2 August 6, 1998.
Boeing Alert Service Bulletin 747–53A2409 ............................................................................................... 3 October 22, 1998.
Boeing Alert Service Bulletin 747–53A2409 ............................................................................................... 4 February 17, 2000.

Alternative Methods of Compliance (AMOCs) DEPARTMENT OF TRANSPORTATION • Government-wide rulemaking Web


(k)(1) The Manager, Seattle Aircraft site: Go to http://www.regulations.gov
Certification Office (ACO), FAA, has the Federal Aviation Administration and follow the instructions for sending
authority to approve AMOCs for this AD, if your comments electronically.
requested in accordance with the procedures 14 CFR Part 193 • Mail: Docket Management Facility;
found in 14 CFR 39.19. U.S. Department of Transportation, 400
(2) Before using any AMOC approved in [Docket No. FAA–2006–24855]
Seventh Street, SW., Nassif Building,
accordance with § 39.19 on any airplane to Room PL–401, Washington, DC 20590–
which the AMOC applies, notify the
Voluntary Disclosure Reporting
appropriate principal inspector in the FAA Program 0001.
Flight Standards Certificate Holding District • Fax: 1–202–493–2251.
AGENCY: Federal Aviation • Hand Delivery: Room PL–401 on
Office. Administration (FAA), DOT.
(3) AMOCs approved previously in the plaza level of the Nassif Building,
accordance with AD 96–23–02, amendment ACTION: Notice of Proposed Order 400 Seventh Street, SW., Washington,
39–9807, are approved as AMOCs for the Designating Information as Protected DC, between 9 a.m. and 5 p.m., Monday
corresponding provisions of paragraph (f) of from Disclosure. through Friday, except Federal holidays.
this AD, except AMOCs for terminating For more information on the
action based upon inspection results using a SUMMARY: The FAA is proposing that
information provided to the agency from rulemaking process, see the
sliding probe low frequency eddy current
a Voluntary Disclosure Reporting SUPPLEMENTARY INFORMATION section of
(LFEC), sliding probe high frequency eddy
current (HFEC), or mid frequency surface Program (VDRP) be designated by an this document.
eddy current (MFEC) inspection methods; FAA order as protected from public Privacy: We will post all comments
and provided that any alternative method for disclosure in accordance with the we receive, without change, to http://
future inspections did not incorporate a provisions of 14 CFR part 193. Under 49 dms.dot.gov, including any personal
sliding probe LFEC, sliding probe HFEC, or U.S.C. 40123, the FAA is required to information you provide. For more
MFEC inspection methods. protect the information from disclosure information, see the Privacy Act
(4) An AMOC that provides an acceptable discussion in the SUPPLEMENTARY
level of safety may be used for any repair
to the public, including disclosure
under the Freedom of Information Act INFORMATION section of this document.
required by this AD, if it is approved by an Docket: To read background
Authorized Representative for the Boeing (5 U.S.C. 552) or other laws, following
Commercial Airplanes Delegation Option issuance of such order. The designation documents or comments received, go to
Authorization Organization who has been is intended to encourage participation http://dms.dot.gov at any time or to
authorized by the Manager, Seattle ACO, to in the VDRP. Room PL–401 on the plaza level of the
make those findings. For a repair method to DATES: Comments must be received on
Nassif Building, 400 Seventh Street,
be approved, the repair must meet the or before June 26, 2006. SW., Washington, DC, between 9 a.m.
certification basis of the airplane and the and 5 p.m., Monday through Friday,
approval must specifically refer to this AD. ADDRESSES: You may send comments
except Federal holidays.
[identified by Docket Number [Insert
Issued in Renton, Washington, on May 16, docket number, for example, FAA– FOR FURTHER INFORMATION CONTACT: Dr.
2006. Thomas Longridge, Flight Standards
jlentini on PROD1PC65 with PROPOSAL

200X–24855]] using any of the following


Kevin M. Mullin, methods: Service, AFS–230, Federal Aviation
Acting Manager, Transport Airplane • DOT Docket Web site: Go to http:// Administration, 800 Independence
Directorate, Aircraft Certification Service. dms.dot.gov and follow the instructions Ave., SW., Washington DC 20591,
[FR Doc. E6–8006 Filed 5–24–06; 8:45 am] for sending your comments telephone (703) 661–0275.
BILLING CODE 4910–13–P electronically. SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Proposed Rules 30095

Comments Invited (3) Accessing the Government voluntary program. For example, under
The FAA invites interested persons to Printing Office’s Web page at http:// the Aviation Safety Action Program
participate in this rulemaking by www.gpoaccess.gov/fr/index.html. (ASAP) as described in AC 120–66, as
submitting written comments, data, or amended, a voluntary disclosure may be
Background
views. We also invite comments relating accepted even if the FAA has already
Under 49 U.S.C. 40123, certain learned of an apparent violation from an
to the economic, environmental, energy, voluntarily provided safety and security
or federalism impacts that might result employee submitted ASAP report. In
information is protected from disclosure any case, the initial notification to the
from adopting the proposals in this to encourage persons to provide the
document. The most helpful comments FAA must comply with Advisory
information to the FAA. The FAA must Circular 00–58, as amended. The form
reference a specific portion of the issue an order making certain findings
proposal, explain the reason for any of initial notification may be oral, a
before the information is protected from written hard copy, or a written
recommended change, and include disclosure. The FAA’s rules
supporting data. We ask that you send electronic copy. The VDRP disclosure
implementing that section are in 14 CFR and follow-on corrective action must be
us two copies of written comments. part 193. If the Administrator issues an
We will file in the docket all accomplished in accordance with the
order designating information as criteria and procedures specified in
comments we receive, as well as a protected under 49 U.S.C. 40123, that
report summarizing each substantive Advisory Circular (AC) 00–58, as
information will not be disclosed under amended.
public contact with FAA personnel the Freedom of Information Act (5
concerning this proposed rulemaking. The FAA responds by opening an
U.S.C. 552) or other laws except as
The docket is available for public enforcement investigative report (EIR)
provided in 49 U.S.C. 40123, 14 CFR
inspection before and after the comment and sending a written acknowledgement
part 193, and the order designating the
closing date. If you wish to review the of the regulated entity’s initial VDRP
information as protected. This proposed
docket in person, go to the address in notification. This acknowledgement
order is issued under 14 CFR 193.11,
the ADDRESSES section of this preamble which sets out the notice procedure for includes a request for a written report,
between 9 a.m. and 5 p.m., Monday designating information as protected. and is sent in place of a letter of
through Friday, except Federal holidays. investigation (LOI), provided the written
You may also review the docket using Description of the Proposed report is completed in accordance with
the Internet at the Web address in the Information Sharing Program. the procedures set forth in AC 00–58, as
ADDRESSES section. Civil penalties under the FAA’s amended. The report must include a
Privacy Act: Using the search function enforcement program have always been detailed description of the proposed
of our docket Web site, anyone can find considered a means to promote comprehensive fix, outlining the
and read the comments received into compliance with the FAA’s regulations, planned corrective steps, the
any of our dockets, including the name not an end in themselves. In addition to responsibilities for implementing those
of the individual sending the comment the deterrence achieved by the corrective steps, and the planned dates
(or signing the comment on behalf of an appropriate use of civil penalties, the for both initial implementation and
association, business, labor union, etc.). public interest is also served by positive completion of the fix. The FAA advises
You may review DOT’s complete incentives to promote and achieve the regulated entity by written
Privacy Act Statement in the Federal compliance. The FAA believes that acknowledgement when it determines
Register published on April 11, 2000 aviation safety is well served by that the report is or is not acceptable.
(65 FR 19477–78) or you may visit incentives for regulated entities to Following initial implementation of the
http://dms.dot.gov. identify and correct their own instances comprehensive fix, verification of it by
Before acting on this proposal, we of noncompliance and to invest more the FAA, and an initial assessment by
will consider all comments we receive resources in efforts to preclude their the FAA of the apparent effectiveness of
on or before the closing date for recurrence. Under the VDRP, it is FAA the comprehensive fix, the EIR is closed
comments. We will consider comments policy generally to forgo civil penalty by issuing a letter of correction (LOC) to
filed late if it is possible to do so action when an entity detects violations, the regulated entity that includes the
without incurring expense or delay. We promptly discloses the violations to the date on which the comprehensive fix
may change this proposal in light of the FAA, and takes prompt corrective action was initially implemented, and the
comments we receive. to ensure that the same or similar expected date for final completion.
If you want the FAA to acknowledge violations do not recur. The VDRP is Following issuance of the LOC, the case
receipt of your comments on this designed to develop long-term is closed, but remains subject to
proposal, include with your comments comprehensive fixes and encourage reopening if the agreed-upon corrective
a pre-addressed, stamped postcard on compliance with the FAA’s regulations, actions are not completed to the
which the docket number appears. We foster safe operating practices, and satisfaction of the FAA. The LOC
will stamp the date on the postcard and promote the development of internal remains on file at the FAA for a period
mail it to you. evaluation programs. of two years. [Comment: Administrative
A disclosure under the VDRP is actions are expunged after two years
Availability of This Proposed accomplished by initial notification of only for individuals.] If the FAA
Designation an apparent violation to the FAA by a determines that the corrective action
You can get an electronic copy using certificate holder, indirect air carrier, taken is not satisfactorily completed, the
the Internet by: design approval holder, production LOC may be rescinded, the EIR re-
(1) Searching the Department of approval holder, or other regulated opened, and appropriate legal
Transportation’s electronic Docket entity immediately after an apparent enforcement action may be initiated.
jlentini on PROD1PC65 with PROPOSAL

Management System (DMS) Web page violation has been discovered by that Summary of the VDRP Voluntary
(http://dms.dot.gov/search); regulated entity, and before the FAA Information Sharing Program
(2) Visiting the FAA’s Regulations and learns of the apparent violation by some
Policies Web page at http:// other means, unless otherwise permitted A. Who may participate: Regulated
www.faa.gov/regulations_policies/; or by written FAA policy for a related entities as provided in Advisory

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30096 Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Proposed Rules

Circular 00–58, as amended and —Verification that noncompliance created. Withholding such information
Advisory Circular 121–37. ceased after it was identified; from disclosure is consistent with the
B. What voluntarily provided —A brief description of the immediate FAA’s safety and security
information would be protected from action taken after the apparent responsibilities because, unless the FAA
disclosure under this proposed violation was identified, the can provide assurance that it will not be
designation: The content of all immediate action taken to terminate disclosed, regulated entities will be
submissions by a regulated entity that the conduct that resulted in the reluctant to participate in the program.
are accepted under the VDRP, apparent violation, and the person Although regulated entities have
including, but not limited to, all of the responsible for taking the immediate voluntarily disclosed information under
items listed under Proposed Findings, action; the VDRP for several years, they did so
Paragraph (2) below. —Verification that an evaluation is after the FAA promised that such
C. How persons would participate: underway to determine if there are information would be deidentified in
Regulated entities participate by any systemic problems; the Enforcement Information System
notification of an apparent violation to —Identification of the person (EIS), which is the FAA’s central and
the FAA by the regulated entity in responsible for preparing the national database of enforcement action
accordance with the VDRP reporting comprehensive fix; and information. The entities were reluctant
procedures, and completion of —Acknowledgment that a detailed to participate in the VDRP without this
corrective actions in accordance with written report will be provided to the promise for fear that information they
AC 00–58, as amended. designated FAA official within 10 disclosed would be readily available to
D. Duration of this information working days. the public through a FOIA request for
sharing program: This information (b) Information contained in a records in the EIS. So that entities
sharing program would continue in detailed written report: continue to use the VDRP, the FAA has
effect indefinitely, unless the FAA —A list of the specific FAA regulations not kept the identity of persons
terminates the VDRP, or until the order that may have been violated; reporting, or detailed information about
of designation under 14 CFR part 193 —A description of the apparent disclosures, under that program in the
for the VDRP is withdrawn by the FAA. violation, including the duration of EIS or any other central database.
Once information provided under the
Proposed Findings time it remained undetected, as well
VDRP is designated as protected under
The FAA proposes to designate as how and when it was detected;
14 CFR part 193, more regulated entities
information received under the VDRP as —A description of the immediate action
may be willing to submit disclosures
protected under 49 U.S.C. 40123 and 14 taken to terminate the conduct that
under the program that were previously
CFR 193.7 based on the following resulted in the apparent violation,
reluctant to. In addition, FAA will be
findings: including when it was taken, and who
able to retain more information about
(1) Summary of why the FAA finds was responsible for taking the action;
the disclosures, including the identity of
that the information will be provided —An explanation that shows the
the reporters, in an FAA database,
voluntarily. apparent violation was inadvertent;
without chilling participation in the
The FAA finds that the information —Evidence that demonstrates the
VDRP. Disclosures under the VDRP
will be provided voluntarily. No seriousness of the apparent violation enable the FAA to become aware of
certificate holder is required to and the regulated entity’s analysis of many more instances of regulatory
participate in the VDRP. Initiation of that evidence; noncompliance than it otherwise would,
submissions under the VDRP are —A detailed description of the and moreover, the VDRP permits the
indicative of the willingness of proposed comprehensive fix, FAA to assure that appropriate
regulated entities to identify and correct outlining the planned corrective corrective action is taken. If regulated
their own instances of regulatory steps, the responsibilities for entities do not participate, the FAA and
noncompliance, develop long term implementing those corrective steps, the public will be deprived of the
comprehensive fixes, and foster safe and a time schedule for completion of opportunity to make the system safety
operating practices. the fix; and improvements that receipt of the
(2) Description of the type of —Identification of the company official information otherwise enables.
information that may be voluntarily responsible for monitoring the (4) Summary of why the receipt of
provided under the program and a implementation and completion of that type of information aids in fulfilling
summary of why the FAA finds that the the comprehensive fix. the FAA’s safety and security
information is safety or security related. (3) Summary of why the FAA finds responsibilities.
The information that would be that the disclosure of the information The FAA finds that receipt of VDRP
voluntarily submitted under a VDRP is would inhibit persons from voluntarily information aids in fulfilling the FAA’s
described in AC 00–58, as amended. providing that type of information. safety and security responsibilities. A
Because the Federal Aviation The FAA finds that disclosure of the primary purpose of FAA regulations is
Regulations specify the minimum information would inhibit the voluntary to assure public safety. Because the
requirements for safety, and VDRP provision of that type of information. VDRP identifies and corrects instances
submissions entail violations of those Regulated entities are reluctant to of regulatory noncompliance of which
regulations, the information is voluntarily disclose instances of the FAA may be otherwise unaware, the
inherently safety related. It would regulatory noncompliance if such program offers significant potential for
include the following: submissions might be subject to public enhancement of public safety. Receipt of
(a) Information contained in an initial disclosure. A significant impediment to this otherwise unavailable information
notification to the FAA: participation in the VDRP is concern
jlentini on PROD1PC65 with PROPOSAL

would also provide the FAA with an


—A brief description of the apparent over public disclosure of the improved basis for modifying
violation, including an estimate of the information, and, if disclosed, the procedures, policies, and regulations to
duration of time that it remained potential for it to be used for other than improve safety and efficiency.
undetected, as well as how and when the system safety enhancement (5) Summary of why withholding such
it was discovered; purposes for which the VDRP was information from disclosure would be

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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Proposed Rules 30097

consistent with the FAA’s safety and part 193 from information the FAA determine whether one substance is an
security responsibilities, including a receives from other sources. optical or geometric isomer of another.
statement as to the circumstances under In accordance with AC 00–58, all The term ‘‘positional isomer,’’ however,
which, and a summary of why, VRDP submissions must be clearly is subject to scientific interpretation.
withholding such information from identified as such by the regulated This Notice of Proposed Rulemaking
disclosure would not be consistent with entity making the submission. Any proposes the addition of a specific
the FAA’s safety and security other information received by the FAA definition for the term ‘‘positional
responsibilities, as described in 14 CFR from the regulated entity concerning the isomer’’ to allow for the systematic
193.9. content of a VDRP submission must be determination of which isomers of
The FAA finds that withholding clearly labeled as follows to be eligible Schedule I substances would be
VDRP information provided to the FAA for protection under this designation: considered to be ‘‘positional’’ and,
is consistent with the FAA’s safety ‘‘WARNING: The Information in this therefore subject to Schedule I control.
responsibilities. The VDRP specifically Document is Protected from Disclosure The addition of a definition for the
provides that appropriate corrective under 49 U.S.C. 40123 and 14 CFR part term ‘‘positional isomer’’ will assist
action must be taken by the regulated 193.’’ If the information is submitted legitimate research and industry in
entity for all instances of regulatory electronically, the warning notice must determining the control status of
noncompliance accepted under the be appropriately embedded in the materials that are ‘‘positional isomers’’
program. To be accepted by the FAA, electronic submission in a fashion that of Schedule I hallucinogens. While the
apparent violations disclosed under the assures the visibility of the warning to DEA will remain the authority for
program must be inadvertent, and, any viewer. ultimately determining the control
where applicable, must not indicate a Proposed Designation status of a given material, providing a
lack, or reasonable question of a lack, of specific definition for ‘‘positional
qualification of the regulated entity. Accordingly, the Federal Aviation
isomer’’ will ensure consistent criteria
Corrective action under the VDRP can Administration proposes to designate
are utilized in making these
be accomplished by the regulated entity the above-described information
determinations.
and verified by the FAA without submitted under a VDRP to be protected
under 49 U.S.C. 40123 and 14 CFR part This rule is relevant only to
disclosure of the protected information. specialized forensic or research
If the FAA determines that the steps 193.
chemists. Most of these individuals are
taken by the entity are not those Issued in Washington, DC, on May 17, existing DEA registrants who are
documented in the written report, the 2006. authorized by the DEA to handle
submission may be excluded from the John M. Allen, Schedule I hallucinogenic substances.
VDRP, and appropriate legal Acting Director, Flight Standards Service.
DATES: Written comments must be
enforcement action may be initiated. [FR Doc. E6–8078 Filed 5–24–06; 8:45 am] postmarked, and electronic comments
The FAA will release information BILLING CODE 4910–13–P must be sent, on or before July 24, 2006.
submitted under a VDRP as specified in
part 193 and this proposed order. To ADDRESSES: To ensure proper handling
explain the need for changes in FAA of comments, please reference ‘‘Docket
DEPARTMENT OF JUSTICE
policies, procedures, and regulations, No. DEA–260P’’ on all written and
the FAA may disclose de-identified (i.e., Drug Enforcement Administration electronic correspondence. Written
the identity of the source of the comments being sent via regular mail
information and the names of the 21 CFR Part 1300 should be sent to the Deputy
certificate holder, employees, and other Administrator, Drug Enforcement
[Docket No. DEA–260P] Administration, Washington, DC 20537,
persons, as well as any other
information that could be used to RIN 1117–AA94 Attention: DEA Federal Register
ascertain the identity of the submitter, Representative/ODL. Written comments
redacted) summary information that has Definition of ‘‘Positional Isomer’’ as It sent via express mail should be sent to
been extracted from submissions Pertains to the Control of Schedule I the DEA Headquarters, Attention: DEA
accepted under the VDRP. The FAA Controlled Substances Federal Register Representative/ODL,
may disclose de-identified, summarized 2401 Jefferson-Davis Highway,
AGENCY: Drug Enforcement
VDRP information that identifies a Alexandria, VA 22301. Comments may
Administration (DEA), U.S. Department
systemic problem in the aviation be directly sent to the DEA
of Justice.
system, when other persons need to be electronically by sending an electronic
ACTION: Notice of proposed rulemaking. message to
advised of the problem so that they can
take corrective action. The FAA may SUMMARY: The Controlled Substances dea.diversion.policy@usdoj.gov. An
disclose de-identified aggregate Act (CSA) and its implementing electronic copy of this document is also
statistical information concerning VDRP regulations specify which available at the http://
submissions. The FAA may disclose hallucinogenic substances are www.regulations.gov Web site. The DEA
independently obtained information considered Schedule I controlled will accept attachments to electronic
relating to any event disclosed in a substances. The CSA states that all salts, comments in Microsoft Word,
VDRP report. The FAA also may isomers and salts of isomers of these WordPerfect, Adobe PDF, or Excel file
disclose any information about a substances are also Schedule I formats only. The DEA will not accept
disclosure initially submitted under the controlled substances. In non-technical any file format other than those
VDRP that is not accepted, or accepted, terms, an isomer of a substance is a specifically listed here.
jlentini on PROD1PC65 with PROPOSAL

but later excluded because of the different compound, but a compound FOR FURTHER INFORMATION CONTACT:
regulated entity’s failure to comply with which has the same number and kind of Christine A. Sannerud, Ph.D., Chief,
the criteria of the VDRP. atoms. The terms ‘‘optical isomer’’ and Drug and Chemical Evaluation Section,
(6) Summary of how the FAA will ‘‘geometric isomer’’ are specific Office of Diversion Control, Drug
distinguish information protected under scientific terms and it is easy to Enforcement Administration,

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