Notices. Final rule SUMMARY: This rulemaking establishes a new subpart in 601 of Title 49 of the Code of Federal Regulations, to establish emergency relief procedures for granting relief from Federal transit policy statements, circulars, guidance documents, and regulations in times of national or regional emergencies

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BILLING CODE 4910-15-M DEPARTMENT OF TRANSPORTATION Federal Transit Administration 49 CFR Part 601 [Docket FTA-2006-22428] RIN 2132-AA89 Emergency Procedures for Public Transportation Systems AGENCY: Federal Transit Administration (FTA), DOT. ACTION: Final rule SUMMARY: This rulemaking establishes a new subpart in 601 of Title 49 of the Code of Federal Regulations, to establish emergency relief procedures for granting relief from Federal transit policy statements, circulars, guidance documents, and regulations in times of national or regional emergencies.

DATES: *Effective Date:* The effective date of this rule is February 8, 2007. FOR FURTHER INFORMATION CONTACT: Bonnie L. Graves, Attorney-Advisor, Legislation and Regulations Division, Office of Chief Counsel, Federal Transit Administration, 400 Seventh Street, SW., Room 9316, Washington, DC 20590, phone:

(202)366-4011, fax:

(202)366-3809, or e-mail, *Bonnie.Graves@dot.gov* . SUPPLEMENTARY INFORMATION: Availability of the Final Rule You may download this rule from the Department's Docket Management System ( *http://dms.dot.gov* ) by entering docket number 22428 in the search field or from the Government Printing Office's Federal Register Main Page at *http://www.gpoaccess.gov/fr/index.html* . Users may also download an electronic copy of this document using a modem and suitable communications software from the GPO Electronic Bulletin Board Service at

(202)512-1661. I. Background On August 8, 2006, the Federal Transit Administration

(FTA)published a notice of proposed rulemaking

(NPRM)to establish an “Emergency Relief Docket” for granting relief from Federal transit policy statements, circulars, and guidance documents, in times of national or regional emergency (71 FR 44957). The NPRM was in response to the aftermath of Hurricanes Katrina and Rita, during which FTA received numerous requests for relief from policy statements, circulars, guidance documents, and regulations, from grantees and subgrantees in the immediate disaster zone as well as from grantees and subgrantees in areas receiving evacuees. The NPRM comment period remained open until October 10, 2006. FTA received 14 comments to the docket. FTA reviewed and considered all comments submitted. Commenters included the City of Lincoln, NE; the Metro Regional Transit Authority of Akron, OH; the Portage Area Regional Transportation Authority (OH); Congressman Tim Ryan (OH); Earthquake Solutions (CA); the Akron Metropolitan Area Transportation Study (OH); Omnitrans (CA); the Licking County Transit Board (OH); the Washington Metropolitan Area Transit Authority (DC); Laketran (OH); the Alaska Department of Transportation; the American Public Transportation Association (APTA); the California Department of Transportation; and one individual. In addition, Senator DeWine

(OH)wrote to FTA's Administrator, James S. Simpson, to bring to his attention the comments made by the Akron Metro Regional Transit Authority. FTA posted Senator DeWine's letter and Administrator Simpson's response in the docket. II. Discussion of Comments Two commenters urged FTA not to employ emergency relief dockets. The commenters stated that relief from administrative requirements can be granted with or without a formal request and with or without public consultation. Several commenters stated a concern that requiring grantees and subgrantees to request relief through emergency relief dockets would slow response to emergencies. Others stated they should be permitted to use their federally-funded equipment in times of emergency and notify FTA of the issue as soon as possible but not later than 30 days after the event. In response, we agree with commenters that grantees and subgrantees should have maximum flexibility to assist local responders during an emergency. We want to emphasize that an Emergency Relief Docket will most likely be utilized in the *aftermath* of an emergency that has regional or national implications. There is no question that a toxic chemical spill, a levee break, or other imminent life-threatening situation requiring immediate evacuation of a local area requires fast action by first responders, including local transit agencies. In cases such as these, the grantee or subgrantee would not request relief through the emergency relief docket; it would simply work with local authorities to evacuate people as quickly as possible, consistent with local emergency plans. However, if a toxic chemical spill or a major flood or other event required *ongoing* relief efforts over several days or weeks, or the emergency impacted a large geographical area, one or more grantees and subgrantees might need to request relief from policies, circulars, guidance or regulations, and in such cases the Emergency Relief Docket would be used. Three commenters asked how they would notify FTA of the need for relief if there was no electricity or phone service. The NPRM contemplated the inability to access the electronic docket by providing that grantees and subgrantees could contact any FTA regional office, and ask the regional office to submit their request for relief to the docket. While acknowledging that in extreme situations it may be several days before a grantee or subgrantee could contact FTA to request relief from administrative requirements, we believe the option of contacting any regional office or FTA headquarters by telephone or mail, is sufficient if the electricity is not working. And again, FTA notes the purpose of the Emergency Relief Docket is to provide relief in the aftermath of regional or national emergencies, not during imminent life-threatening situations. In the NPRM, FTA proposed that the emergency relief procedures would be triggered by a Presidential declaration of national or regional emergency. We sought comment on whether the proposed emergency procedures should also be triggered by a State Governor's declaration of emergency. Eight commenters supported the trigger of relief procedures for emergency declarations made by Governors, and one commenter expressed that a Mayoral declaration of emergency in the District of Columbia should trigger the relief procedures, as the Mayor is the highest ranking public official in the jurisdiction. Two commenters stated that an appropriate trigger for relief would be a local declaration of emergency. In response, FTA believes that a declaration of emergency by a State Governor or the Mayor of the District of Columbia should trigger emergency relief procedures, in addition to a federal declaration of emergency by the President, and we have included this in the final rule. We decline to extend the relief procedures to local declarations of emergency, as the frequency of such events would be unmanageable by FTA. Grantees and subgrantees experiencing local emergencies should work with their FTA regional office if they need relief from administrative requirements in the aftermath of such emergencies. In the NPRM, FTA requested comments on whether we should proactively extend relief from certain policies, circulars, guidance documents and regulations to the geographical area(s) most impacted by an emergency, rather than waiting for grantees and subgrantees to request relief. Eight commenters were supportive of this idea. Two commenters suggested that FTA create “menus of relief” most likely needed in disaster situations, and grant the entire menu of relief sua sponte where the need is obvious. One commenter also expressed that FTA should clearly identify those issues for which relief is not expected to be granted; for example, civil rights and non-discrimination. In response to the support for proactive relief, we are including two additional elements in this final rule. First, FTA will establish, by January 31 of each year, an Emergency Relief Docket for that calendar year. We will publish a notice in the **Federal Register** indicating the establishment of the Emergency Relief Docket and the docket number. Second, FTA may, at the discretion of the Administrator, proactively grant relief from certain administrative requirements upon a State or Federal declaration of emergency, or in anticipation of such declaration. If FTA makes the decision to proactively grant relief, we will post this information in the Emergency Relief Docket. As for the “menus of relief” suggested by two commenters, FTA will consider this idea further outside of the rulemaking process. Any such “menus of relief” would be likely to change over time and with different types of emergencies, so flexibility is required. FTA agrees that civil rights and non-discrimination protections, such as Title VI, the Americans with Disabilities Act, and Environmental Justice, all of which ensure access to mobility for transit-dependent populations, require special consideration. We note that we do not have authority to waive statutory provisions, only regulatory provisions. FTA will work closely with grantees and subgrantees, the U.S. DOT, and others, as appropriate, if there is a request for relief from administrative requirements relating to civil rights and non-discrimination provisions. In the NPRM, FTA proposed that requests for relief would be conditionally granted for three business days, and sought comment on whether three business days was a sufficient amount of time to provide comments on petitions for relief. Two commenters stated that relief from administrative requirements does not constitute a binding obligation that would require a public comment period of any length. One commenter felt that three days would allow the transit agency to address immediate needs, but expressed concern that continuing relief efforts should not be delayed while waiting for final approval. Others expressed concern that the three business day conditional approval may not be sufficient, and that limiting the conditional approval to three days created uncertainty. One commenter suggested a provision be added to the rule that would allow the transit agency to continue its efforts until FTA has made a decision. In response, while public consultation on relief from administrative procedures may not be required, FTA believes it is in the interest of the public to have a process that is open and transparent. FTA is confident that it can and will respond to requests for relief within three business days; however, to address commenters' concerns, a provision has been added to the final rule, stating that if FTA fails to post a response to the request for relief to the docket within three business days, the grantee or subgrantee may assume its petition is granted until and unless FTA states otherwise. This allows the grantee or subgrantee to continue its efforts until FTA has made a final decision. In all cases, FTA shall post a response to the docket, so there is no uncertainty as to FTA's decision on the request for relief. FTA proposed that any member of the public could request a hearing on any petition, and that FTA could reopen any docket and reconsider any decision made. Two commenters stated that there should be no provision for public hearings, and suggested that FTA should not “second-guess” decisions made. One commenter stated that the only review process should be an appeal of a denied request for relief. One commenter suggested that if a docket is reopened, FTA should notify the grantee or subgrantee that submitted the request for relief. Finally, one commenter stated that a grantee's or subgrantee's judgment and actions in times of emergency should be considered reasonable unless proven otherwise. In response, we have removed the public hearing provision. FTA may, however, in its discretion, contact the grantee or subgrantee that submitted the request for relief, or any party that submits comments to the docket, to obtain more information prior to making a decision. FTA has retained the provision that allows us to reconsider any decision made. We have added language to this section stating that one reason for reconsidering our decision would be at the request of a grantee or subgrantee upon denial of a request for relief. In addition, we have added language stating that we will notify a grantee or subgrantee if we are going to reconsider a decision. FTA proposed that a petition for relief must contain certain information, including the policy statement, circular, guidance document and/or rule from which the grantee or subgrantee seeks relief. One commenter stated that petitions for relief should not follow any prescribed format. The commenter stated that it would be unduly burdensome to identify specific regulatory and guidance provisions during or in immediate anticipation of an emergency. In response, FTA notes the “required information” provision for a request for relief requires grantees and subgrantees to submit only the minimum information necessary to assist FTA in making a decision. Further, we note that in order to request relief from a specific administrative requirement, the grantee or subgrantee should know the requirement from which they are requesting relief. A description of the requirement such that an FTA employee would be able to accurately determine the requested relief would be sufficient; it is preferred, but not required, that a grantee or subgrantee also include the circular number and/or regulatory citation. In the NPRM, FTA requested comments on private sector involvement in emergency relief, and whether the procedures contained in the NPRM would provide the necessary relief while also allowing the private sector to participate in transit relief efforts. A number of commenters provided input on this issue. Two commenters stated that charter regulations should not be elevated to a higher importance than other regulatory provisions. Some commenters objected to the proposed requirement that grantees and subgrantees would have to call not only their local charter companies, but also notify the charter associations of their intent to provide service that might be considered charter service. Some felt this would create significant delay in responding to evacuation needs. One commenter pointed out that any interested transportation provider could contact the local Emergency Management Agency in advance to notify them of their availability to respond. In response, FTA has removed the provision requiring grantees and subgrantees to make good faith efforts to contact private charter or school bus operators to determine whether those entities are willing to provide the service. FTA notes that a current charter rulemaking is underway that would exempt emergency services from the charter provisions. Members of the public interested in that rulemaking may wish to review the docket by going to *http://dms.dot.gov* and entering docket number 22657. In the NPRM, FTA stated that we do not have the independent authority to grant relief from U.S. DOT regulations, such as the Americans with Disabilities Act (49 CFR Part 37) or the Common Grant Rule (49 CFR Part 18). We proposed that if a grantee or subgrantee needed relief from a U.S. DOT regulation, the grantee or subgrantee would submit a request for relief to FTA's Emergency Relief Docket in the same manner it would request relief from FTA regulations. FTA would then work with DOT to process the petition for relief, including a request for a hearing, if any. Two commenters recommended that waivers of U.S. DOT regulations should be incorporated into FTA's emergency procedures through delegation of waiver authority to FTA. In response, we note that the Secretary of Transportation has not delegated waiver authority of U.S. DOT regulations to FTA. FTA, however, works very closely in consultation with U.S. DOT in emergency situations; the consultation process will be invisible to grantees or subgrantees requesting relief and will not delay FTA's response to a request for relief. Finally, two commenters asserted that the NPRM appeared to be in conflict with Executive Order 13132, Federalism, specifically citing section 3(c) which states, “[w]ith respect to Federal statutes and regulations administered by the States, the national government shall grant the States the maximum administrative discretion possible. Intrusive Federal oversight of State administration is neither necessary nor desirable.” The commenters also cited section 5(b) which states, “[a]gencies shall not submit to the Congress legislation that would:

(b)attach to Federal grants conditions that are not reasonably related to the purpose of the grant[.]” In response, FTA notes that the purpose of the rulemaking is to grant relief from FTA administrative requirements. The emergency relief docket will not change any regulatory requirements, therefore it will not have a substantial 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. We also note that this rulemaking is not legislation submitted to Congress; it is a rulemaking. Further, the rulemaking does not attach conditions to the grants that are not reasonably related to the purpose of the grant. III. Rulemaking Analysis And Notices Executive Order 12866 This final rule is nonsignificant for purposes of Executive Order 12866 and the Department of Transportation's Regulatory Policies and Practices. The final rule will establish emergency procedures and requests for relief from Federal transit regulations. Federalism Assessment This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (“Federalism”). FTA believes this rule will not impose any requirements that would have substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (“Consultation and Coordination with Indian Tribal Governments”). Because this final rule does not have tribal implications and does not impose direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. Regulatory Flexibility Act and Executive Order 13272 Section 603 of the Regulatory Flexibility Act

(RFA)requires an agency to prepare an initial regulatory flexibility analysis describing impacts on small entities whenever an agency is required by 5 U.S.C. 553 to publish a general notice of proposed rulemaking for any proposed rule. Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. FTA has determined that the impact on entities affected by this rule will not be significant. The effect of this rule is to relieve entities of administrative requirements in times of regional or national emergency. Accordingly, the Administrator of FTA hereby certifies that this rule will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This rule will not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $128.1 million or more, in the aggregate, to any of the following: State, local, or Native American tribal governments, or the private sector. Paperwork Reduction Act There are no new information collection requirements in this final rule. Regulation Identifier Number

(RIN)A regulation identifier number

(RIN)is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document may be used to cross-reference this action with the Unified Agenda. Privacy Act Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comments (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit *http://dms.dot.gov* . List of Subjects in 49 CFR Part 601 Administrative practice and procedures; Organization, functions and procedures. For the reasons set forth in the preamble, amend part 601 of title 49 of the Code of Regulations as follows: PART 601—[AMENDED] Add subpart D, consisting of §§ 601.40 through 601.47, to read as follows: Subpart D—Emergency Procedures for Public Transportation Systems Sec. 601.40 Applicability. 601.41 Petitions for relief. 601.42 Emergency relief docket. 601.43 Opening the docket. 601.44 Posting to the docket. 601.45 Required information. 601.46 Processing of petitions. 601.47 Review procedures. Authority: 49 U.S.C. 5141 and 5334; 49 CFR 1.51. Subpart D—Emergency Procedures for Public Transportation Systems § 601.40 Applicability. This part prescribes procedures that apply to FTA grantees and subgrantees when the President has declared a national or regional emergency, when a State Governor has declared a state of emergency, when the Mayor of the District of Columbia has declared a state of emergency, or in anticipation of such declarations. § 601.41 Petitions for relief. In the case of a national or regional emergency or disaster, or in anticipation of such a disaster, any FTA grantee or subgrantee may petition the Administrator for temporary relief from the provisions of any policy statement, circular, guidance document or rule. § 601.42 Emergency relief docket.

(a)By January 31st of each year, FTA shall establish an Emergency Relief Docket in the publicly accessible DOT Docket Management System

(DMS)( *http://dms.dot.gov* ).

(b)FTA shall publish a notice in the **Federal Register** identifying, by docket number, the Emergency Relief Docket for that calendar year. A notice shall also be published in the previous year's Emergency Relief Docket identifying the new docket number.

(c)If the Administrator, or his/her designee, determines that an emergency event has occurred, or in anticipation of such an event, FTA shall place a message on its web page ( *http://www.fta.dot.gov* ) indicating the Emergency Relief Docket has been opened and including the docket number. § 601.43 Opening the docket.

(a)The Emergency Relief Docket shall be opened within two business days of an emergency or disaster declaration in which it appears FTA grantees or subgrantees are or will be impacted.

(b)In cases in which emergencies can be anticipated, such as hurricanes, FTA shall open the docket and place the message on the FTA web page in advance of the event.

(c)In the event a grantee or subgrantee believes the Emergency Relief Docket should be opened and it has not been opened, that grantee or subgrantee may submit a petition in duplicate to the Administrator, via U.S. mail, to: Federal Transit Administration, 400 Seventh Street, SW., Washington, DC 20590; via telephone, at:

(202)366-4043; or via fax, at

(202)366-3472, requesting opening of the Docket for that emergency and including the information in § 601.45. The Administrator in his/her sole discretion shall determine the need for opening the Emergency Relief Docket. § 601.44 Posting to the docket.

(a)All petitions for relief must be posted in the docket in order to receive consideration by FTA.

(b)The docket is publicly accessible and can be accessed 24 hours a day, seven days a week, via the Internet at the docket facility's Web site at *http://dms.dot.gov.* Petitions may also be submitted by U.S. mail or by hand delivery to the DOT Docket Management Facility, Room PL-401 (Plaza Level), 400 7th Street, SW, Washington, DC 20590.

(c)In the event a grantee or subgrantee needs to request immediate relief and does not have access to electronic means to request that relief, the grantee or subgrantee may contact any FTA regional office or FTA headquarters and request that FTA staff submit the petition on their behalf.

(d)Any grantee or subgrantee submitting petitions for relief or comments to the docket must include the agency name (Federal Transit Administration) and that calendar year's docket number. Grantees and subgrantees making submissions by mail or hand delivery should submit two copies. § 601.45 Required information. A petition for relief under this section shall:

(a)Identify the grantee or subgrantee and its geographic location;

(b)Specifically address how an FTA requirement in a policy statement, circular, or agency guidance will limit a grantee's or subgrantee's ability to respond to an emergency or disaster;

(c)Identify the policy statement, circular, guidance document and/or rule from which the grantee or subgrantee seeks relief; and

(d)Specify if the petition for relief is one-time or ongoing, and if ongoing identify the time period for which the relief is requested. The time period may not exceed three months; however, additional time may be requested through a second petition for relief. § 601.46 Processing of petitions.

(a)A petition for relief will be conditionally granted for a period of three

(3)business days from the date it is submitted to the Emergency Relief Docket.

(b)FTA will review the petition after the expiration of the three business days and review any comments submitted thereto. FTA may contact the grantee or subgrantee that submitted the request for relief, or any party that submits comments to the docket, to obtain more information prior to making a decision.

(c)FTA shall then post a decision to the Emergency Relief Docket. FTA's decision will be based on whether the petition meets the criteria for use of these emergency procedures, the substance of the request, and the comments submitted regarding the petition.

(d)If FTA fails to post a response to the request for relief to the docket within three business days, the grantee or subgrantee may assume its petition is granted until and unless FTA states otherwise. § 601.47 Review Procedures.

(a)FTA reserves the right to reopen any docket and reconsider any decision made pursuant to these emergency procedures based upon its own initiative, based upon information or comments received subsequent to the three business day comment period, or at the request of a grantee or subgrantee upon denial of a request for relief. FTA shall notify the grantee or subgrantee if it plans to reconsider a decision.

(b)FTA decision letters, either granting or denying a petition, shall be posted in the appropriate Emergency Relief Docket and shall reference the document number of the petition to which it relates. Issued in Washington, DC, this 4th day of January 2007. James S. Simpson, FTA Administrator. [FR Doc. E7-102 Filed 1-8-07; 8:45 am] BILLING CODE 4910-57-P 72 5 Tuesday, January 9, 2007 Proposed Rules OFFICE OF PERSONNEL MANAGEMENT 5 CFR Part 537 RIN 3206-AK51 Repayment of Student Loans AGENCY: Office of Personnel Management. ACTION: Proposed rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing proposed regulations to revise the rules governing the authority to offer student loan repayment benefits to current Federal employees or candidates for Federal jobs when necessary to recruit or retain highly qualified personnel. These revisions include certain policy changes and clarifications to assist agencies in taking full advantage of the Federal student loan repayment program. DATES: Comments must be received on or before March 12, 2007. ADDRESSES: Send or deliver comments to Jerome D. Mikowicz, Deputy Associate Director for Pay and Leave Administration, Office of Personnel Management, Room 7H31, 1900 E Street, NW., Washington, DC 20415-8200, FAX:

(202)606-0824, or e-mail at *pay-performance-policy@opm.gov.* FOR FURTHER INFORMATION CONTACT: Gene Holson by telephone at

(202)606-2858; by fax at

(202)606-0824; or by e-mail at *pay-performance-policy@opm.gov.* SUPPLEMENTARY INFORMATION: The Office of Personnel Management

(OPM)is issuing proposed regulations to revise the rules implementing 5 U.S.C. 5379, which allow agencies to offer student loan repayment benefits to current Federal employees or candidates for Federal jobs when necessary to recruit or retain highly qualified personnel. The primary purpose of this revision is to make part 537 more readable and usable. However, we also are proposing substantive changes based on experience to date to improve program administration in the agencies and promote alignment between this authority and related authorities that support recruitment and retention efforts. The following table lists, by specific regulatory section, the proposed substantive changes and provides a brief description of the purpose and/or effect of each change. Proposed rule Description of proposed change § 537.102 *Definitions.* The current language in the definition of *employee* regarding the exclusion of certain types of employees would be moved to proposed § 537.104, which deals with employee eligibility. New definitions of *student loan repayment benefit* and *loan payment* would be added to distinguish more clearly between the benefit credited to the employee and the loan payments made to a loan holder by an agency. § 537.103(h) *Documentation.* The requirement for documentation would be revised to cover only actions taken to approve a student loan repayment benefit. The current language requires documentation in each case in which an employee is “considered” for a student loan repayment benefit. § 537.104 *Employee eligibility.* Paragraph

(a)would revise the current language in § 537.104 to clarify when an employee in a time-limited appointment may receive student loan repayment benefits. Paragraph

(b)would be modified to incorporate language currently found in the definition of *employee.* Paragraph

(c)would provide a cross reference to the provisions of § 537.108, which deal with loss of eligibility for student loan repayment benefits. § 537.105 *Criteria for payment.* This section would be rewritten to focus more clearly on the criteria that must be met to justify the approval of student loan repayment benefits. The provisions for written documentation and the timing of recruitment-related approvals would be clarified and moved to § 537.106, which deals with payment conditions and procedures. (See § 537.106(a)(3) and (4).) *Current Federal employees.* Proposed paragraph

(c)would provide that an agency may not authorize student loan repayment benefits to recruit an individual from outside the agency who is currently employed in the Federal service. The intent of the student loan repayment authority is to help agencies recruit individuals for Federal service, not to compete with other agencies for current Federal employees. This restriction would be consistent with current OPM guidance and the rules concerning inter-agency competition when providing recruitment and retention incentives under 5 CFR part 575. § 537.106(a) *General conditions.* These provisions establish standards and requirements necessary to provide for reasonable uniformity across agencies, as required by 5 U.S.C. 5379(g). Proposed paragraph (a)(4) would clarify that a service agreement may be signed before a job candidate begins serving in the position for which he or she was recruited. This paragraph would also incorporate language currently found in § 537.105(b). § 537.106(b) *Age of student loans.* Proposed paragraph (b)(3) would clarify that, although these regulations do not impose a limit on the age of a student loan, an agency may specify in its own plan that only student loans made within a certain timeframe are eligible for repayment. § 537.106(c)(3) *Benefit cap.* A new paragraph would clarify that the full gross amount of the student loan repayment benefit (before deducting any tax withholdings from that gross amount) counts toward the benefit cap. § 537.107(a) *Contingent additional benefits.* A new sentence would clarify that a service agreement may address the possibility that the agency may modify the agreement to provide student loan repayment benefits in addition to those fixed in the agreement based on contingencies or conditions specified in the agreement. For example, benefits in a later year could be contingent on budget levels. § 537.107(b) *Agreement modifications.* The current sentence on “increases” and “renewals” would be removed. The replacement sentence would clarify that the agency and the employee may mutually agree to modify a service agreement to provide additional student loan repayment benefits for additional service without the need for a new service agreement. (A new service agreement would require additional service of at least 3 years. In contrast, an agreement modification could, for example, add just 1 year of additional service.) The possibility of payment increases would now be addressed in the new sentence added to paragraph (a). *Periods in a non-pay status.* A new rule would provide that periods of leave without pay, or other periods during which the employee is not in a pay status, would not count toward completion of the required service period. This means the originally projected service completion date must be extended by the total amount of time spent in non-pay status. However, as provided by 5 CFR 353.107, absence because of uniformed service or compensable injury is considered creditable toward the required service period upon reemployment. § 537.107(d) *Service period commencement.* A new paragraph would be added to address when a service period begins. § 537.107(e) *Reimbursement provision in service agreement.* A new provision would require agencies to include in any service agreement a provision addressing whether or not the individual will be required to reimburse the agency for student loan repayment benefits if he or she transfers to a different agency during the service period. (Also see proposed § 537.109(b)(2), which would incorporate language currently found in § 537.109(d)(2).) § 537.108(a) *Loss of eligibility.* Proposed paragraph (a)(3) would clarify that loss of eligibility based on a condition in the service agreement would occur only when the agreement expressly states that a violation of the condition will result in the loss of eligibility. § 537.109(c) *Reimbursement under a modified service agreement.* Current language would be modified to clarify what would happen when an agency and an employee mutually agree to modify an existing service agreement to provide additional student loan repayment benefits for additional service (e.g., a 4th year following an initial 3-year service period). The modified service agreement may stipulate that if the employee completes the initial service period but fails to complete the additional service period, he or she would be required to reimburse the paying agency only for the amount of any student loan repayment benefits received during the additional service period. (Also see proposed § 537.107(b) regarding modified service agreements.) § 537.110(a) *Records retention.* Current language would be modified to clarify that a record on a determination to provide student loan repayment benefits must be retained for at least 3 years after the end of the employee's service period as specified in the service agreement. We are deleting the provision regarding an earlier date linked to an OPM program review because as a practical matter a program review may not necessarily mean each case is reviewed individually. § 537.110(b) *Reports.* A new provision would require agencies to report on the student loan repayment benefits they provided during the previous calendar year rather than during the previous fiscal year. Currently, agencies are required to report to OPM by the end of the calendar year on the student loan repayment benefits they provided during the previous fiscal year. However, the law imposes a calendar year limitation on the amount of student loan repayment benefits an agency may provide to an employee. Also, we note agencies are currently required to report to OPM on their use of other recruitment and retention flexibilities (e.g., recruitment, relocation, and retention incentives under 5 CFR part 575) on a calendar year basis. Therefore, we are proposing this change to simplify reporting requirements for agencies. The proposed regulation would require agencies to report to OPM by March 31st of each year on their use of the student loan repayment authority during the previous calendar year. In paragraphs (b)(1) and (b)(2), we propose to replace “employees selected to receive” with “employees who received” because an individual may be selected to receive student loan repayment benefits during one reporting period, but not actually receive benefits until the following reporting period. This change would be consistent with our approach for reporting data on student loan repayments in our annual report to Congress. E.O. 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866. Regulatory Flexibility Act I certify that these regulations would not have a significant economic impact on a substantial number of small entities because they would apply only to Federal agencies and employees. List of Subjects in 5 CFR Part 537 Administrative practice and procedure, Government employees, Students, Wages. U.S. Office of Personnel Management. Linda M. Springer, Director. Accordingly, OPM is proposing to revise 5 CFR part 537 to read as follows: PART 537—REPAYMENT OF STUDENT LOANS Sec. 537.101 Purpose. 537.102 Definitions. 537.103 Agency student loan repayment plans. 537.104 Employee eligibility. 537.105 Criteria for payment. 537.106 Conditions and procedures for providing student loan repayment benefits. 537.107 Service agreements. 537.108 Loss of eligibility for student loan repayment benefits. 537.109 Employee reimbursements to the Government. 537.110 Records and reports. Authority: 5 U.S.C. 5379(g). § 537.101 Purpose. This part implements 5 U.S.C. 5379, which authorizes agencies to establish a student loan repayment program for the purpose of recruiting or retaining highly qualified personnel. Under such a program, an agency may agree to repay (by direct payment to the loan holder on behalf of the employee) all or part of any outstanding qualifying student loan or loans previously taken out by a job candidate to whom an offer of employment has been made, or by a current employee of the agency. § 537.102 Definitions. *Agency* has the meaning given that term in subparagraphs

(A)through

(E)of 5 U.S.C. 4101(1). *Authorized agency official* means the head of an Executive agency or an official who is authorized to act for the head of the agency in the matter concerned. *Employee* means an employee of an agency who satisfies the definition of the term in 5 U.S.C. 2105. *Loan payment* means the net payment made by an agency to the holder of a student loan (after deducting any tax withholdings that may be made from the gross student loan repayment benefit credited to the employee). *Service agreement* means a written agreement between an agency and an employee (or job candidate) under which the employee (or job candidate) agrees to a specified period of service in exchange for student loan repayment benefits, subject to the conditions set forth under this part. *Student loan* means—

(1)A loan made, insured, or guaranteed under parts B, D or E of title IV of the Higher Education Act of 1965; or

(2)A health education assistance loan made or insured under part A of title VII of the Public Health Service Act or under part E of title VIII of that Act. *Student loan repayment benefit* means the benefit provided to an employee under this part in which an agency repays (by a direct payment on behalf of the employee) a qualifying student loan previously taken out by such employee. The dollar value of this benefit is the gross amount credited to the employee at the time of a loan payment to the holder of the student loan, before deducting any employee tax withholdings from that gross amount as described in § 537.106(a)(6)(iii). A student loan repayment benefit is not considered basic pay for any purpose. *Time-limited appointment* means an appointment of temporary duration including—

(1)A temporary appointment under 5 CFR part 316, subpart D, or similar authority;

(2)A term appointment under 5 CFR part 316, subpart C, or similar authority;

(3)An overseas limited appointment with a time limitation under 5 CFR part 301, subpart B;

(4)A limited term or limited emergency appointment in the Senior Executive Service, as defined in 5 U.S.C. 3132(a), or an equivalent appointment made for similar purposes;

(5)A Veterans Recruitment Appointment under 5 CFR part 307;

(6)A Presidential Management Fellow appointment under 5 CFR 213.3102(ii) and 5 CFR 213.3102(jj);

(7)A Federal Career Intern appointment under 5 CFR 213.3202(o); and

(8)An appointment under the fellowship and similar programs authority at 5 CFR 213.3102(r). § 537.103 Agency student loan repayment plans. Before providing student loan repayment benefits under this part, an agency must establish a student loan repayment plan. This plan must include the following elements:

(a)The designation of officials with authority to review and approve offering student loan repayment benefits (which may parallel the approval delegations used for other recruitment, relocation, and retention incentives);

(b)The situations in which the student loan repayment authority may be used;

(c)The criteria to meet or consider in authorizing student loan repayment benefits, including criteria for determining the size and timing of the loan payment(s);

(d)A system for selecting employees (or job candidates) to receive student loan repayment benefits that ensures fair and equitable treatment;

(e)The requirements associated with service agreements (including a basis for determining the length of service to be required if it is greater than the statutory minimum);

(f)The procedures for making loan payments;

(g)The provisions for recovering any amount outstanding from an employee who fails to satisfy a service agreement and conditions for waiving an employee's obligation to reimburse the agency for payments made under this part; and

(h)Documentation and recordkeeping requirements sufficient to allow reconstruction of each action to approve a student loan repayment benefit. § 537.104 Employee eligibility.

(a)Subject to the conditions in 5 U.S.C. 5379 and this part, an authorized agency official may approve student loan repayment benefits to recruit a highly qualified job candidate or retain a highly qualified employee who, during the service period established under a service agreement (consistent with § 537.107), will be serving under—

(1)An appointment other than a time-limited appointment; or

(2)A time-limited appointment if—

(i)The employee (or job candidate) will have at least 3 years remaining under the appointment after the beginning of the service period established under a service agreement; or

(ii)The time-limited appointment authority leads to conversion to another appointment of sufficient duration so that his or her employment with the agency is projected to last for at least 3 additional years after the beginning of the service period established under a service agreement.

(b)An employee occupying a position that is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character is ineligible for student loan repayment benefits.

(c)An employee becomes ineligible for student loan repayment benefits under the conditions described in § 537.108. § 537.105 Criteria for payment.

(a)*General criteria.* Before authorizing student loan repayment benefits for an employee (or job candidate), an agency must make a written determination that—

(1)The employee (or job candidate) is highly qualified and otherwise eligible (as described in § 537.104); and (2)(i) In a case where the authorization is granted to recruit a job candidate to fill an agency position, the agency otherwise would encounter difficulty in filling a position with a highly qualified individual; or

(ii)In a case where the authorization is granted to retain a current employee of the agency, the employee otherwise is likely to leave the agency for employment outside the Federal service and it is essential to retain the employee based on the employee's high or unique qualifications or a special need of the agency.

(b)*Retention considerations.* In making a determination under paragraph (a)(2)(ii) of this section, an agency must consider the extent to which the employee's departure would affect the agency's ability to carry out an activity or perform a function that is deemed essential to its mission.

(c)*Current Federal employees.* An agency may not authorize student loan repayment benefits to recruit an individual from outside the agency who is currently employed in the Federal service.

(d)*Selecting employees.* When selecting employees (or job candidates) to receive student loan repayment benefits, agencies must ensure that benefits are awarded without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition. § 537.106 Conditions and procedures for providing student loan repayment benefits.

(a)*General conditions.*

(1)Student loan repayment benefits may be provided at the discretion of the agency and are subject to such terms, limitations, or conditions as may be mutually agreed to in writing by the agency and the employee (or job candidate) as part of a service agreement under § 537.107.

(2)The student loan to be repaid must be a qualifying student loan as set forth in paragraph

(b)of this section.

(3)The agency must document in writing each approval of student loan repayment benefits. An authorized agency official must review and approve each written determination. The written determination must show the employee (or job candidate) meets the criteria specified in § 537.105.

(4)An authorized agency official must approve student loan repayment benefits in connection with a recruitment action before the job candidate actually enters on duty in the position for which he or she was recruited. The agency and the job candidate may sign the service agreement before the job candidate begins serving in the position, but the agency may not begin making loan payments until the job candidate begins serving in the position.

(5)Student loan repayment benefits are in addition to basic pay and any other form of compensation otherwise payable to the employee involved.

(6)Appropriate tax withholdings must be deducted or applied at the time any payment is made. Since these tax implications could create a financial hardship for the recipient of the student loan repayment benefit, agencies may lessen the impact of tax withholdings on an employee's paycheck in one of the following ways:

(i)Make smaller payments at periodic intervals throughout the year, rather than issue payments under this part in one lump sum;

(ii)Allow the employee to write a check to the agency to cover his or her tax liability, rather than have the tax liability withheld from the employee's paycheck;

(iii)Deduct the amount of taxes to be withheld from the student loan repayment benefit before the balance is issued as a loan payment to the holder of the loan. Note to § 537.106(a)(6): Contact the Internal Revenue Service for further details concerning these options, as well as the tax withholding implications of payments under this part.

(b)*Qualifying student loans.*

(1)The agency may make loan payments only for student loan debts that are outstanding at the time the agency and the employee (or job candidate) enter into a service agreement. Before authorizing loan payments, an agency must verify with the holder of the loan that the employee (or job candidate) has an outstanding student loan that qualifies for repayment under this part. The agency must verify remaining balances to ensure that loans are not overpaid.

(2)The agency may repay more than one loan if the employee's student loan repayment benefit does not exceed the limits set forth in paragraph

(c)of this section.

(3)These regulations do not impose a limit on the age of a student loan for qualification purposes. The agency may, however, specify in its agency plan that only student loans made within a certain timeframe are eligible for repayment.

(c)*Benefit amount.*

(1)In determining the amount of student loan repayment benefits to approve, an agency must consider the employee's (or job candidate's) value to the agency and how far in advance the agency is permitted to commit funds. If an agency decides to make additional student loan repayment benefits contingent on budget levels or other factors, it must address these contingent benefits in the written service agreement as described in § 537.107(a).

(2)The amount of student loan repayment benefits provided by an agency is subject to both of the following limits:

(i)$10,000 per employee per calendar year; and

(ii)A total of $60,000 per employee.

(3)In applying the limits in paragraph (c)(2) of this section, the agency must count the full student loan repayment benefit (i.e., before deducting any tax withholdings as described in paragraph (a)(6)(iii) of this section).

(d)*Employee responsibility.* Loan payments made by an agency under this part do not exempt an employee from his or her responsibility and/or liability for any loan(s) the individual has taken out. The employee also is responsible for any income tax obligations resulting from the student loan repayment benefit. § 537.107 Service agreements.

(a)Before an employing agency makes any loan payments for an employee, the employee (or job candidate) must sign a written service agreement to complete a specified period of service with the agency and to reimburse the agency for the student loan repayment benefit when required by § 537.109. The service agreement also may specify any other employment conditions the agency considers to be appropriate, including the employee's (or job candidate's) position and the duties he or she is expected to perform, his or her work schedule, and his or her level of performance. (See §§ 537.108 and 537.109.) The service agreement may address the possibility that, during the period the agreement is in effect, the agency may modify the agreement to provide student loan repayment benefits in addition to those fixed in the agreement based on contingencies or conditions specified in the agreement.

(b)The minimum period of service to be established under a service agreement is 3 years, regardless of the amount of student loan repayment benefits authorized. The agency and the employee may mutually agree to modify an existing service agreement, subject to the limitations at § 537.106(c)(2), to provide additional student loan repayment benefits for additional service without the need for an entirely new service agreement (which would require a new 3-year minimum service period). Periods of leave without pay, or other periods during which the employee is not in a pay status, do not count toward completion of the required service period. Thus, the service completion date must be extended by the total amount of time spent in non-pay status. However, as provided by 5 CFR 353.107, absence because of uniformed service or compensable injury is considered creditable toward the required service period upon reemployment.

(c)A service agreement made under this part in no way constitutes a promise of, or right or entitlement to, appointment, continued employment, or noncompetitive conversion to the competitive service. This condition should be stated in the service agreement.

(d)The service period begins on the date specified in the service agreement. That beginning date may not be—

(1)Earlier than the date the service agreement is signed; or

(2)Earlier than the date the individual begins serving in the position for which he or she was recruited (when student loan repayment benefits are approved to recruit a job candidate to fill an agency position).

(e)The service agreement must contain a provision addressing whether the individual would be required to reimburse the paying agency for student loan repayment benefits if he or she voluntarily separates from the paying agency to work for another agency before the end of the service period. (See § 537.109(b)(2).)

(f)The agency may include in a service agreement specific conditions (in addition to those required by law) that trigger the loss of eligibility for student loan repayment benefits and/or a requirement that the employee reimburse the agency for student loan repayment benefits already received. (See §§ 537.108(a)(3) and 537.109(a)(2).) However, a service agreement may not require reimbursement based on—

(1)An employee's failure to maintain performance at a particular level (unless the employee is separated based on unacceptable performance); or

(2)An involuntary separation for reasons other than misconduct or unacceptable performance (e.g., an involuntary separation resulting from a reduction in force or medical reasons). § 537.108 Loss of eligibility for student loan repayment benefits.

(a)An employee receiving student loan repayment benefits from an agency is ineligible for continued benefits from that agency if the employee—

(1)Separates from the agency;

(2)Does not maintain an acceptable level of performance, as determined under standards and procedures prescribed by the agency; or

(3)Violates a condition in the service agreement, if the agreement specifically provides that eligibility is lost when the condition is violated.

(b)For the purpose of applying paragraph (a)(2) of this section, an acceptable level of performance is one that is equivalent to level 3 (“Fully Successful” or equivalent) or higher, as described in 5 CFR 430.208(d). An employee loses eligibility for student loan repayment benefits if his or her most recent official performance evaluation does not meet this requirement. § 537.109 Employee reimbursements to the Government.

(a)An employee is indebted to the Federal Government and must reimburse the paying agency for the amount of any student loan repayment benefits received under a service agreement if he or she—

(1)Fails to complete the period of service required in the applicable service agreement (except as provided by paragraph

(b)of this section); or

(2)Violates any other condition that specifically triggers a reimbursement requirement under the agreement.

(b)An agency may not apply paragraph

(a)of this section based on an employee's failure to complete the required period of service established under a service agreement if—

(1)The employee is involuntarily separated for reasons other than misconduct or unacceptable performance; or

(2)The employee leaves the paying agency voluntarily to enter into the service of any other agency, unless reimbursement to the agency is otherwise required in the service agreement, as provided by § 537.107(e).

(c)If an agency and an employee mutually agree to modify an existing service agreement to provide additional student loan repayment benefits for additional service (as provided by § 537.107(b)), the modified service agreement may stipulate that, if the employee completes the initial service period but fails to complete the additional service period, he or she is required to reimburse the paying agency only for the amount of any student loan repayment benefits received during the additional service period.

(d)If an employee fails to reimburse the paying agency for the amount owed under paragraph

(a)of this section, a sum equal to the amount outstanding is recoverable from the employee under the agency's regulations for collection by offset from an indebted Government employee under 5 U.S.C. 5514 and 5 CFR part 550, subpart K, or through the appropriate provisions governing Federal debt collection if the individual is no longer a Federal employee.

(e)An authorized agency official may waive, in whole or in part, a right of recovery of an employee's debt if he or she determines that recovery would be against equity and good conscience or against the public interest. (See 5 U.S.C. 5379(c)(3).)

(f)Any amount reimbursed by, or recovered from, an employee under this section must be credited to the appropriation account from which the amount involved was originally paid. Any amount so credited must be merged with other sums in such account and must be available for the same purposes and time period, and subject to the same limitations (if any), as the sums with which merged. (See 5 U.S.C. 5379(c)(4).) § 537.110 Records and reports.

(a)Each agency must keep a record of each determination to provide student loan repayment benefits under this part and make such records available for review upon request by OPM. Such a record may be destroyed when 3 years have elapsed since the end of the service period specified in the employee's service agreement.

(b)By March 31st of each year, each agency must submit a written report to OPM containing information about student loan repayment benefits it provided to employees during the previous calendar year. Each report must include the following information:

(1)The number of employees who received student loan repayment benefits;

(2)The job classifications of the employees who received student loan repayment benefits; and

(3)The cost to the Federal Government of providing student loan repayment benefits. [FR Doc. E7-101 Filed 1-8-07; 8:45 am] BILLING CODE 6325-39-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-26696; Directorate Identifier 2006-SW-19-AD] RIN 2120-AA64 Airworthiness Directives; Robinson Helicopter Company Model R44 and R44 II Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This document proposes adopting a new airworthiness directive

(AD)for robinson Helicopter Company (Robinson) Model R44 and R44 II helicopters that have a certain seat belt buckle (buckle) assembly installed. The AD would require removing the buckle assembly and the buckle assembly spacer, and replacing them with airworthy parts. This proposal is prompted by an accident in which a seat belt failed, and also by reports of cracking in the buckle assembly stainless support strap (support strap). The actions specified by the proposed AD are intended to prevent cracking in the support strap and failure of a seat belt. DATES: Comments must be received on or before March 12, 2007. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically; • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* follow the instructions for sending your comments electronically; • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590; • *Fax:* 202-493-2251; or • *Hand Delivery:* Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may get the service information identified in this proposed AD from Robinson Helicopter Company, 2901 Airport Drive, Torrance, California 90505, telephone

(310)539-0508, fax

(310)539-5198. You may examine the comments to this proposed AD in the AD docket on the Internet at *http://dms.dot.gov* . FOR FURTHER INFORMATION CONTACT: Venessa Stiger, Aviation Safety Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Blvd., Lakewood, California 90712-4137, telephone

(562)627-5337, fax

(562)627-5210. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any written data, views, or arguments regarding this proposed AD. Send your comments to the address listed under the caption ADDRESSES . Include the docket number “FAA-2006-26696, Directorate Identifier 2006-SW-19-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to *http://dms.dot.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed rulemaking. Using the search function of our docket Web site, you can find and read the comments to any of our dockets, including the name of the individual who sent or signed the comment. You may review the DOT's complete Privacy Act Statement in the **Federal Register** published on April 11, 2000 (65 FR 19477-78) or you may visit *http://dms.dot.gov* . Examining the Docket You may examine the docket that contains the proposed AD, any comments, and other information in person at the Docket Management System

(DMS)Docket Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5227) is located at the plaza level of the Department of Transportation Nassif Building in Room PL-401 at 400 Seventh Street, SW., Washington, DC. Comments will be available in the AD docket shortly after the DMS receives them. Discussion This document proposes adopting a new AD for Robinson model R44 helicopters, through serial number (S/N) 1576, and Model R44 II helicopters, through S/N 11107, that have a C628-4, revision M or prior, buckle assembly installed. The AD would require, within 100 hours time-in-service, removing the buckle assembly and the A130-52 buckle assembly spacer, and replacing them with a C628-4, revision N buckle assembly and a new A130-52 buckle assembly spacer. The A130-52 buckle assembly spacers have been redesigned to be slightly longer than the previous A130-52 buckle assembly spacers, to reduce friction in the joint. This proposal is prompted by an investigation in which a seat belt failed during an accident, and also by reports of cracking in the buckle assembly support strap. Excessive bending of the buckles can damage their stainless support straps. The actions specified by the proposed AD are intended to prevent cracking in the support strap and failure of a seat belt. We have reviewed Robinson Service SB-56, dated March 29, 2006, which describes procedures for inspecting the buckle assemblies for cracks and replacing the buckle assemblies. This proposed AD would not require inspecting the buckle assemblies for cracks. This unsafe condition is likely to exist or develop on other helicopters of the same type design. Therefore, the proposed AD would require removing any C628-4, revision M or prior, buckle assembly and any A130-52 buckle assembly spacer, and replacing them with a C628-4, revision N buckle assembly and a new A130-52 buckle assembly spacer. Replacing the buckle assembly and buckle assembly spacer with a C628-4, Revision N buckle assembly and a new A130-52 buckle assembly spacer would be the terminating action for the requirements of this proposed AD. The replacement would be required to be accomplished by following specified portions of the service bulletin described previously. We estimate that this proposed AD would affect 900 helicopters of U.S. registry, and replacing a buckle assembly would take approximately 0.2 work hour per buckle to accomplish at an average labor rate of $80 per work hour. Required parts would cost approximately $105 for each C628-4, revision N buckle assembly, and $8.25 for each A130-52 buckle assembly spacer. Based on these figures, the total cost impact of the proposed AD on U.S. operators would be $517 for each helicopter, or $465,300 for the entire fleet, assuming that four buckle assemblies and buckle assembly spacers are replaced in each helicopter. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. Additionally, 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 that the 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 draft economic evaluation of the estimated costs to comply with this proposed AD. See the DMS to examine the draft economic evaluation. 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 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend 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: 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: **Robinson Helicopter Company:** Docket No. FAA-2006-26696; Directorate Identifier 2006-SW-19-AD. *Applicability:* Model R44 helicopters, through serial number (S/N) 1576, and Model R44 II helicopters, through S/N 11107, with a seat belt buckle assembly (buckle assembly) part number C628-4, revision M or prior, installed, certificated in any category. *Compliance:* Required within 100 hours time-in-service, unless accomplished previously. To prevent cracking in the buckle assembly stainless support strap and failure of a seat belt, accomplish the following:

(a)Remove the buckle assembly and any A130-52 buckle assembly spacer, and replace them with a C628-4, revision N buckle assembly and a new A130-52 buckle assembly spacer, in accordance with the Compliance Procedure, paragraph 3, in Robinson Helicopter Company Service Bulletin SB-56, dated March 29, 2006. The new A130-52 buckle assembly spacers have been redesigned to be slightly longer than the previous A130-52 buckle assembly spacers, to reduce friction in the joint. Note: Inspecting the buckle assembly for cracks is not required by this AD.

(b)Replacing the buckle assembly and buckle assembly spacer with a C628-4, Revision N buckle assembly and a new A130-52 buckle assembly spacer is a terminating action for the requirements of this AD.

(c)to request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Los Angeles Aircraft Certification Office, FAA, ATTN: Venessa Stiger, Aviation Safety Engineer, 3960 Paramount Blvd., Lakewood, California 90712-4137, telephone

(562)627-5337, fax

(562)627-5210, for information about previously approved alternative methods of compliance. Issued in Fort Worth, Texas, on December 18, 2006. David A. Downey, Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 07-26 Filed 1-8-07; 8:45 am]

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U.S. Code

CFR

May I address the unsafe condition in a way other than that set out in the airworthiness directive?
§ 39.19

18 references not yet in our index

49 CFR 601
49 CFR 37
49 CFR 18
49 USC 5141
49 CFR 1.51
5 CFR 537
5 CFR 575
5 CFR 353.107
5 CFR 316
5 CFR 301
5 CFR 307
5 CFR 213.3102(ii)
5 CFR 213.3102(jj)
5 CFR 213.3202(o)
5 CFR 213.3102(r)
5 CFR 430.208(d)
5 CFR 550
14 CFR 39

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Notices

Final rule SUMMARY: This rulemaking establishes a new subpart in 601 of Title 49 of the Code of Federal Regulations, to establish emergency relief procedures for granting relief from Federal transit policy statements, circulars, guidance documents, and regulations in times of national or regional emergencies

Fed. Reg.Proposed Rules

Cite49 CFR 601

Cite49 CFR 37

Cite49 CFR 18

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