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39206 Federal Register / Vol. 70, No.

129 / Thursday, July 7, 2005 / Proposed Rules

List of Subjects in 14 CFR Part 39 SOCATA—Groupe AEROSPATIALE: Docket issued by the airworthiness authority for
No. FAA–2005–21464; Directorate France. The actions specified in this AD are
Air transportation, Aircraft, Aviation Identifier 2005–CE–32–AD. intended to detect and correct cracks in the
safety, Safety. fuselage skin, which could result in loss of
When Is the Last Date I Can Submit
Comments on This Proposed AD? aircraft pressurization. Loss of aircraft
The Proposed Amendment pressurization could lead to flight crew
(a) We must receive comments on this incapacitation.
Accordingly, under the authority proposed airworthiness directive (AD) by
delegated to me by the Administrator, August 19, 2005. What Must I Do To Address This Problem?
the Federal Aviation Administration What Other ADs Are Affected by This (e) To address this problem, you must do
proposes to amend 14 CFR part 39 as Action? the following:
follows: (b) None. Note: The EADS SOCATA Mandatory
Service Bulletin TBM Aircraft, SB 70–103,
PART 39—AIRWORTHINESS What Airplanes Are Affected by This AD? Amendment 1, ATA No. 53, dated September
DIRECTIVES (c) This AD affects the following Model 2003, allows the pilot to perform the visual
TBM 700 airplanes, serial numbers 1 through inspection of the fuselage skin in the VHF1
255; 257 through 267; and 270, that are: antenna mount area for cracks and loose
1. The authority citation for part 39 rivets. The Federal Aviation Regulations (14
(1) equipped with a VHF1 antenna
continues to read as follows: CFR 43.3) only allow the pilot to perform
mounted under the fuselage between frame
Authority: 49 U.S.C. 106(g), 40113, 44701. C12 and C13 or C13 and C13bis; and preventive maintenance as described in 14
(2) certificated in any category. CFR part 43, App. A, paragraph (c). These
§ 39.13 [Amended] visual inspections are not considered
What Is the Unsafe Condition Presented in preventive maintenance under 14 CFR part
2. The FAA amends § 39.13 by adding This AD? 43, App. A, paragraph (c). Therefore, an
the following new airworthiness (d) This AD is the result of mandatory appropriately-rated mechanic must perform
directive (AD): continuing airworthiness information (MCAI) all actions of this AD.

Actions Compliance Procedures

(1) Inspect the fuselage skin in the VHF1 an- Within the next 50 hours time-in-service (TIS) Follow EADS SOCATA Mandatory Service
tenna mount area between frame C12 and after the effective date of this AD. Repet- Bulletin TBM Aircraft, SB 70–103, Amend-
C13 or C13 and C13bis, for cracks and loose itively inspect thereafter at intervals not to ment 1, ATA No. 53, dated September
rivets. exceed 50 hours TIS until the modification 2003.
in paragraph (e)(2) of this AD is done.
Modifying the VHF1 antenna bracket and
interface area terminates the repetitive in-
spection requirement of this AD.
(2) Modify the VHF1 antenna bracket and the At whichever of the following that occurs first: Follow EADS SOCATA Recommended Serv-
antenna/fuselage interface. (i) Before further flight anytime a crack or ice Bulletin TBM Aircraft, SB 70–111, ATA
loose rivet is found during any inspection No. 53, dated October 2003, and the appli-
required in paragraph (e)(1) of this AD. cable maintenance manual.
(ii) Within 100 hours TIS or 12 months after
the effective date of this AD, whichever oc-
curs later.

May I Request an Alternative Method of 65921 Tarbes Cedex 9, France; telephone: 33 DEPARTMENT OF JUSTICE
Compliance? (0)5 62.41.73.00; facsimile: 33 (0)5
(f) You may request a different method of 62.41.76.54; or SOCATA AIRCRAFT, North 28 CFR Part 45
compliance or a different compliance time Perry Airport, 7501 Pembroke Road,
[OAG Docket No. 112; AG Order No. 2770–
for this AD by following the procedures in 14 Pembroke Pines, Florida 33023. To view the 2005]
CFR 39.19. Unless FAA authorizes otherwise, AD docket, go to the Docket Management
send your request to your principal Facility; U.S. Department of Transportation, RIN 1105–AB11
inspector. The principal inspector may add 400 Seventh Street, SW., Nassif Building,
comments and will send your request to the Procedures To Promote Compliance
Room PL–401, Washington, DC, or on the
Manager, Standards Office, Small Airplane With Crime Victims’ Rights Obligations
Internet at http://dms.dot.gov. This is docket
Directorate, FAA. For information on any
already approved alternative methods of number FAA–2005–21464; Directorate AGENCY: Department of Justice.
compliance, contact Peter L. Rouse, Identifier 2005–CE–32–AD. ACTION: Proposed rule.
Aerospace Engineer, FAA, Small Airplane Issued in Kansas City, Missouri, on June
Directorate, 901 Locust, Room 301, Kansas 28, 2005. SUMMARY: This proposed rule
City, Missouri 64106; telephone: (816) 329– implements section 102(f) of the Justice
4135; facsimile: (816) 329–4090. David R. Showers,
for All Act, establishing procedures to
Acting Manager, Small Airplane Directorate, promote compliance with crime victims’
Is There Other Information That Relates to
Aircraft Certification Service. rights statutes by Department of Justice
This Subject?
[FR Doc. 05–13333 Filed 7–6–05; 8:45 am] employees.
(g) French AD Number F–2003–367 R1,
Distribution A, Issue date: February 4, 2004, BILLING CODE 4910–13–P DATES: Written comments must be
also addresses the subject of this AD. received on or before September 6,
May I Get Copies of the Documents
2005.
Referenced in This AD? ADDRESSES: Written comments may be
(h) To get copies of the documents submitted to: Mary Beth Buchanan,
referenced in this AD, contact EADS Director, Executive Office for United
SOCATA Tarbes, Direction des Services, States Attorneys, United States

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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules 39207

Department of Justice, Washington, DC authorizes the VRO to designate points disciplinary matters for that office. The
20530; Attn: ‘‘OAG Docket No. 112.’’ of contact (POCs) in each office of the head of that office of the Department of
E-mail comments may be Department to perform initial Justice, or the other official designated
electronically submitted to http:// investigations and review of complaints, by Department of Justice regulations and
www.regulations.gov by using the in order to allow for complaints to be procedures to take action on
electronic comment form provided on addressed at the most local level. disciplinary matters for that office, shall
that site or to cvraregs.eousa@usdoj.gov. For purposes of the new section, be the final decision-maker regarding
Comments submitted electronically victims of crime are defined identically the disciplinary sanction to be imposed.
must include ‘‘OAG Docket No. 112’’ or to the definition in the Justice for All Because of restrictions on the release
‘‘RIN 1105–AB11’’ in the subject line. Act, and victims’ rights are defined as of information regarding the status of
You may also view an electronic version those established in the Act. Department employees and the need to
of this rule at the http:// The proposed rule then establishes a balance the rights of the victim with the
www.regulations.gov site. procedure for filing complaints, rights of the employee, the victim shall
FOR FURTHER INFORMATION CONTACT: investigations of those complaints, and be notified of the results of the
Mary Beth Buchanan, Director, imposition of disciplinary sanctions investigation only at the discretion of
Executive Office for United States against employees where warranted. the VRO and in accordance with
The proposed rule requires that a relevant statutes and regulations
Attorneys, United States Department of
complaint must be in writing and must regarding privacy of Federal employees.
Justice, Washington, DC 20530, (202)
contain sufficient information to enable Both the POC and the VRO are
514–2121.
an investigation of the complaint by the required to refer to the Office of the
SUPPLEMENTARY INFORMATION: Congress POC. Complaints must be filed within
enacted, and the President signed, the Inspector General (OIG) or the Office of
30 days of the alleged violation of a Professional Responsibility (OPR) any
Justice for All Act (‘‘Act’’), which victim’s rights, unless the victim
became effective October 30, 2004. matters that fall under those offices’
demonstrates good cause for the delay. jurisdictions that may come to light in
Section 102 of the Act, 18 U.S.C. 3771 The precise requirements for the
(‘‘section 3771’’), codifies crime the POC’s or the VRO’s investigation.
investigation will be established by
victims’’ rights, requires officers and An appendix listing the contact
internal Department policy guidance. At
employees of the Department of Justice information for the VRO and the POCs
the end of the investigation, the POC
(‘‘Department’’) and other government of each relevant office of the Department
will prepare a written report of the
departments and agencies to exercise of Justice will be attached to the final
results of the investigation, including a
best efforts to accord victims those rule, when published.
signed statement by the victim as to
rights, establishes enforcement whether or not he is satisfied that his Regulatory Procedures
measures for those rights, and requires complaint has been resolved. In either
the Attorney General to promulgate Regulatory Flexibility Act
case, however, the report will be
regulations within one year of the Act’s forwarded to the VRO for review. The Because this proposed rule affects
effective date to promote compliance by VRO will then decide whether (a) No only internal Department procedures,
responsible Department of Justice further action is necessary; (b) further the Department states that this rule, if
officials with their obligations regarding investigation, to be conducted by the promulgated as a final rule, will not
victims’ rights. Section 3771(f) states VRO, is necessary; or (c) the employee have any effect on small businesses of
that the regulations must: (a) Designate should be required to undergo training the type described in 5 U.S.C. 605.
an administrative authority within the or be subject to disciplinary sanctions. Accordingly, the Department has not
Department to receive and investigate The VRO’s determination will not be prepared an initial Regulatory
complaints relating to the provision or dependent on the victim’s satisfaction, Flexibility Act analysis in accordance
violation of the rights of a crime victim although it may be taken into account. with 5 U.S.C. 603.
by Department employees; (b) require a The VRO will be the final arbiter of Executive Order 12866
course of training for Department whether the complaint has been
employees and offices that fail to adequately addressed. The Department of Justice has
comply with their obligations regarding If the VRO determines that no further reviewed this rule in light of Executive
victims’ rights; (c) contain disciplinary action is necessary, the matter will be Order 12866, section 1(b), Principles of
sanctions for willful and wanton failure closed. Regulation. The Department of Justice
to comply with obligations regarding The VRO, upon either review of the has determined that this rule is a
victims’ rights; and (d) provide that the POC’s investigation or his own further ‘‘significant regulatory action’’ under
Attorney General or his designee shall investigation, may require an employee Executive Order 12866, section 3(f)(4),
be the final arbiter of a complaint. to undergo training on the obligations of Regulatory Planning and Review.
In order to implement this statutory Department employees regarding Accordingly, this rule has been
directive, this proposed rule creates a victims’ rights. If, upon either review of reviewed by the Office of Management
new section in part 45, Employee the POC’s investigation or his own and Budget.
Responsibilities, of title 28, Judicial further investigation, the VRO In particular, the Department has
Administration, of the Code of Federal determines that the employee has assessed both the costs and benefits of
Regulations. Proposed § 45.10 creates willfully or wantonly violated a crime this rule as required by Executive Order
the office of the Victims’ Rights victim’s rights, the VRO is authorized to 12866 section 1(b)(6) and has made a
Ombudsman (VRO) within the recommend, in conformity with laws reasoned determination that the benefits
Executive Office for United States and regulations regarding employee of this regulation justify its costs. The
Attorneys (EOUSA) and designates the discipline, a range of disciplinary costs that the Department considered
VRO as the administrative authority sanctions to the head of the office in included the costs to victims of
within the Department to receive and which the employee is located, or to the submitting complaints to the POC and
investigate complaints relating to the official who has been designated by VRO, the costs to the employees of
provision or violation of the rights of a Department of Justice regulations and participating in the complaint and
crime victim. The proposed rule procedures to take action on disciplinary process, and the costs to

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39208 Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules

the Federal Government of creating and information, should be directed to employees to provide rights to crime
maintaining the VRO office. The Brenda Dyer, Clearance Officer, Policy victims under 18 U.S.C. 3771. The
benefits considered by the Department and Planning Staff, Justice Management official shall be called the Department of
are that the purpose of the Act and of Division, Department of Justice, 601 D Justice Victims’ Rights Ombudsman
these regulations is to protect victims’ Street, NW., Washington, DC 20530. (VRO). The VRO shall then designate, in
rights. The Department believes that the consultation with each office of the
List of Subjects in 28 CFR Part 45
costs imposed by these regulations are Department of Justice, an official in each
justified by the benefits. Employee responsibilities; Victims’ office to serve as the initial point of
rights. contact (POC) for complainants.
Executive Order 13132
Accordingly, for the reasons stated in (c) Complaint process. (1) Complaints
This regulation will not have the preamble, the Department of Justice must be submitted in writing to the POC
substantial direct effects on the States, proposes to amend 28 CFR chapter I of the relevant office or offices of the
on the relationship between the Federal part 45 as follows: Department of Justice. If a complaint
Government and the States, or on the alleges a violation by the POC, the
distribution of power and PART 45—EMPLOYEE complaint must be forwarded by the
responsibilities among the various RESPONSIBILITIES POC to the VRO.
levels of government. Therefore, in (2) Complaints shall contain:
1. The authority citation for part 45 is
accordance with Executive Order 13132, (i) The name and personal contact
revised to read as follows:
it is determined that this rule does not information of the crime victim who
have sufficient federalism implications Authority: 5 U.S.C. 301, 7301; 18 U.S.C.
allegedly was denied one or more crime
to warrant the preparation of a 207, 3771; 28 U.S.C. 503, 528; DOJ Order
1735.1. victims’ rights;
Federalism Assessment. (ii) The name and contact information
2. Part 45 is amended by adding new of the Department of Justice employee
Executive Order 12988
§ 45.10 to read as follows: who is the subject of the complaint, or
This regulation meets the applicable other identifying information if the
standards set forth in sections 3(a) and § 45.10 Procedures to promote compliance
with crime victims’ rights obligations. complainant is not able to provide the
3(b)(2) of Executive Order 12988, Civil name and contact information;
Justice Reform. (a) Definitions. The following
definitions shall apply with respect to (iii) The district court case number;
Unfunded Mandates Reform Act of this section, which implements the (iv) The name of the defendant in the
1995 provisions of the Justice for All Act that case;
This rule will not result in the relate to protection of the rights of crime (v) The right or rights listed in 18
expenditure by State, local and tribal victims. See 18 U.S.C. 3771. U.S.C. 3771 that the Department of
governments, in the aggregate, or by the Crime victim means a person directly Justice employee is alleged to have
private sector, of $100,000,000 or more and proximately harmed as a result of violated; and
in any one year, and it will not the commission of a Federal offense or (vi) Specific information regarding the
significantly or uniquely affect small an offense in the District of Columbia. circumstances of the alleged violation
governments. Therefore, no actions were In the case of a crime victim who is sufficient to enable the POC to conduct
deemed necessary under the provisions under 18 years of age, incompetent, an investigation, including, but not
of the Unfunded Mandates Reform Act incapacitated, or deceased, the legal limited to: The date of the alleged
of 1995. guardians of the crime victim or the violation; an explanation of how the
representatives of the crime victim’s alleged violation occurred; whether the
Small Business Regulatory Enforcement estate, family members, or any other complainant notified the Department of
Fairness Act of 1996 persons appointed as suitable by the Justice employee of the alleged
This rule is not a major rule as court, may assume the crime victim’s violation; how and when such
defined by section 251 of the Small rights, but in no event shall the notification was provided to the
Business Regulatory Enforcement defendant be named as such guardian or Department of Justice employee; and
Fairness Act of 1996. 5 U.S.C. 804. This representative. actions taken by the Department of
rule will not result in an annual effect Crime victims’ rights means those Justice employee in response to the
on the economy of $100,000,000 or rights provided in 18 U.S.C. 3771. notification.
more; a major increase in costs or prices; Employee of the Department of Justice (3) Complaints must be submitted
or significant adverse effects on means an attorney, investigator, law within 30 days of the alleged violation,
competition, employment, investment, enforcement officer, or other personnel unless the victim demonstrates good
productivity, innovation, or on the employed by any division or office of cause for the delay.
ability of United States-based the Department of Justice whose regular (4)(i) In response to a complaint that
companies to compete with foreign- course of duties includes direct provides the information required under
based companies in domestic and interaction with crime victims, not paragraph (c)(2) of this section and that
export markets. including a contractor. makes a prima facie case of a violation
Office of the Department of Justice of a right under 18 U.S.C. 3771, the POC
Paperwork Reduction Act means a component of the Department shall investigate the allegation(s) in the
This proposed rule is exempt from the of Justice whose employees directly complaint.
requirements of the Paperwork interact with crime victims in the (ii) The POC shall send a written
Reduction Act under 5 CFR 1320.4(1) regular course of their duties. report of the results of the investigation
because it relates to the conduct of a (b) The Attorney General shall to the VRO, along with a statement by
Federal criminal investigation or designate an official within the the victim as to whether or not the
prosecution. Executive Office for United States victim is satisfied that the complaint has
All comments and suggestions Attorneys (EOUSA) to receive and been resolved. The report shall not be
relating to the Paperwork Reduction investigate complaints alleging the available for review by the complainant
Act, or questions regarding additional failure of Department of Justice or the Department of Justice employee,

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Federal Register / Vol. 70, No. 129 / Thursday, July 7, 2005 / Proposed Rules 39209

unless required by other Federal include all sanctions provided under requesting arbitration lists and panels,
personnel laws or regulations. the Department of Justice Human and the nomination of arbitrators.
(5) Upon receipt of the POC’s report Resources Order, 1200.1, part 3, chapter Pursuant to 29 U.S.C. 171(b) and 29
of the investigation, the VRO shall 1. CFR part 1404, FMCS offers panels of
determine whether to close the Dated: June 30, 2005. arbitrators for selection by labor and
complaint without further action,
Alberto R. Gonzales, management to resolve grievances and
whether further investigation is
Attorney General. disagreements arising under their
warranted, or whether action in
[FR Doc. 05–13322 Filed 7–6–05; 8:45 am] collective bargaining agreements and to
accordance with paragraphs (d) or (e) of
deal with the fact finding and interest
this section is necessary. BILLING CODE 4410–19–P
(6) Where the VRO concludes that arbitration issues as well.
further investigation is warranted, he Title II of the Labor Management
may conduct such further investigation. Relations Act of 1947 (Pub. L. 90–101)
FEDERAL MEDIATION AND
Upon conclusion of the investigation, as amended in 1959 (Pub. L. 86–257)
CONCILIATION SERVICE
the VRO may close the complaint if he and 1974 (Pub. L. 93–360), states that it
determines that no further action is 29 CFR Part 1404 is the labor policy of the United States
warranted or may take action under that ‘‘the settlement of issues between
paragraph (d) or (e) of this section. Proposed Changes to Arbitration employers and employees through
(7) The VRO shall be the final arbiter Policies, Functions, and Procedures collective bargaining may be advanced
of the complaint. by making available full and adequate
(8) A complainant may not seek AGENCY: Federal Mediation and governmental facilities for conciliation,
judicial review of the VRO’s Conciliation Service. mediation, and voluntary arbitration to
determination regarding the complaint. ACTION: Proposed rule. encourage employers and
(9) To the extent permissible in representatives of their employees to
accordance with the Privacy Act and SUMMARY: The Federal Mediation and
reach and maintain agreements
other relevant statutes and regulations Conciliation Service (FMCS) is
concerning rates of pay, hours, and
regarding release of information by the proposing to amend 29 CFR part 1404,
working conditions, and to make all
Federal Government, the VRO, in his Arbitration Services. The amendments
reasonable efforts to settle their
discretion, may notify the complainant are intended to set forth the criteria and
differences by mutual agreement
of the result of the investigation. procedures for listing on the arbitration
reached through conferences and
(10) The POC and the VRO shall refer roster, removal from the arbitration
collective bargaining or by such
to the Office of the Inspector General roster, and expedited arbitration
methods as may be provided for in any
and to the Office of Professional processing. Other changes include how
applicable agreement for the settlement
Responsibility any matters that fall parties may request arbitration lists or
of disputes.’’ Under its regulations at 29
under those offices’ respective panels and fees associated with the
CFR part 1404, FMCS has established
jurisdictions that come to light in an arbitrators. The purpose of these
policies and procedures for its
investigation. changes is to facilitate the management
arbitration function dealing with all
(d) If the VRO deems it necessary in and administration of the arbitration
arbitrators listed on the FMCS Roster of
response to an investigation, he may roster. FMCS is soliciting comments on
Arbitrators, all applicants for listing on
require employees or offices of the the proposed changes described below.
the Roster, and all person or parties
Department of Justice to undergo DATES: Written comments must be seeking to obtain from FMCS either
training on victims’ rights. submitted to the office listed in the
(e) Disciplinary procedures. (1) If, names or panels of names of arbitrators
address section below on or before listed on the Roster in connection with
based on the investigation, the VRO August 8, 2005.
determines that a Department of Justice disputes which are to be submitted to
ADDRESSES: Submit comments to the arbitration or fact-finding. FMCS strives
employee has wantonly or willfully
Maria A. Fried, General Counsel, to maintain the highest quality of
failed to provide the complainant with
Federal Mediation and Conciliation dispute resolution experts on its roster.
a right listed in 18 U.S.C. 3771, the VRO
Service, 2100 K Street, NW., FMCS now proposes to amend 29 CFR
shall recommend, in conformity with
Washington, DC 20427. Comments may part 1404 to update its procedures and
laws and regulations regarding
be submitted also by fax at (202) 606– facilitate the maintenance and
employee discipline, a range of
5345 or electronic mail (e-mail) to administration of its arbitration roster.
disciplinary sanctions to the head of the
mfried@fmcs.gov. All comments and
office of the Department of Justice in Access to Information in Comments
data in electronic form must be
which the employee is located, or to the
identified by the appropriate agency Information submitted as a comment
official who has been designated by
form number. concerning this document may be
Department of Justice regulations and
procedures to take action on FOR FURTHER INFORMATION CONTACT: claimed confidential by marking any
disciplinary matters for that office. The Maria A. Fried, General Counsel and part or all of the information as ‘‘CBI.’’
head of that office of the Department of Federal Register Liaison, FMCS, 2100 K Information so marked will not be
Justice, or the other official designated Street, NW., Washington, DC 20427. disclosed but a copy of the comment
by Department of Justice regulations and Telephone (202) 606–5444, FAX (202) that does contain CBI must be submitted
procedures to take action on 606–5345. for inclusion in the public record. FMCS
disciplinary matters for that office, shall SUPPLEMENTARY INFORMATION: FMCS may disclose information not marked
be the final decision-maker regarding proposes to amend 29 CFR part 1404. confidential without prior notice. All
the disciplinary sanction to be imposed, The original regulation was issued in written comments will be available for
in accordance with applicable laws and June 1997. The amendments set forth inspection in Room 704 at the
regulations. procedures for the listing and removal Washington, DC address above from
(2) Disciplinary sanctions available of arbitrators from the arbitration roster 8:30 a.m. to 4:30 p.m., Monday through
under paragraph (e)(1) of this section maintained by FMCS, procedures for Friday, excluding legal holidays.

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